SRI LANKA: What the High Commissioner, Dr. Navanethem Pillay will not be told

August 23, 2013

The relationship between the High Commissioner for Human Rights and member nations of the United Nations is expected to be one of cooperation for the improvement of the rights of the people of the countries. The member states are expected to have the most cordial and friendly relationship with the High Commissioner's office so as to enable the United Nations through its human rights mechanisms to assist the people of a country to have a better life in all aspects by the improvement of their human rights. The High Commissioner is symbolically the representative of the commitments of the United Nations to create an enabling environment in each country for the full enjoyment of human rights. In short the High Commissioner's mission is to be the friendly supervisor over the global human rights mission of the United Nations and thereby to ensure that each government does its utmost to ensure that their people enjoy a better life through respect for human rights.(Photo Courtesy: www.ohchr.org )

SRI LANKA What the High Commissioner, Dr. Navanethem Pillay Will Not Be Told by nelvely

Sri Lankans Devoured By Frankenstein Gotabaya Rajapaksa

By Gotamini Hathurusinghe -August 24, 2013

“Satan has his companions, fellow-devils, to admire and encourage him; but I am solitary and detested.” ― Mary Shelley, Frankenstein

Today the most talked about man in Sri Lanka, is Gotabaya Rajapaksa. His Excellency, brother Mahinda Rajapaksa has become his follower and worshipper and second best. There is no wrong that Gotabaya can do, but there is everything he can do, as he is a GOD no less, one could say the “Anti” or negative God, to stupid blind worshipers, especially some professionals. However his name rings a bell in the sensible, it rings with negative and ominous vibrations akin to the Anti Christ – Satan. He stands alone, not really associated closely with anyone, devouring any object or man that gets in his way and decimating it, he is more akin to a modern day Frankenstein, in a family of Borgia Rajapaksas. The Rajapaksas plot people’s downfall, plan what  wealth they need to acquire for generations. usually by fowl means, protect the most evil and plan their succession just like evil kings of yore.

Fonseka and Gota

Many have been his casualties due to the positions they held or the encounters they had with him, or both. These range from the people of the North during the last stages of the War  to  Gen. Sarath Fonseka to Lasantha Wickramatunga to Frederica Jansz to lesser known media personnel to Directors General of the BOI to many others to street dogs in the Fort area.

The most well known vendetta  between Gotabaya’s dislike of Gen. Fonseka goes back to school days. Sarath Fonseka was always one or two steps ahead of him in everything, be it swimming or achievements in cadetting.  Back together in the Army, Fonseka was forging ahead of him always, and this most likely became a psychological problem in the present time. Gen Fonseka, with over a career of four decades, has been Sri Lanka’s most high-profile and arguably its most tactically successful army officer.                           Read More  

The visit of Navanethem Pillay

By Prof. Rajiva Wijesinha-August 23, 2013,

The impending visit of UN High Commissioner for Human Rights, Navanethem Pillay, can be seen as a great opportunity for the government to improve policies and practices as to Human Rights in this country. I can only hope that this opportunity will be taken, and that she will not instead be seen as a threat.

The Visit of Navanethem Pillay by nelvely

UN rights chief should push Sri Lanka on press freedom

By Sumit Galhotra/CPJ Asia Program Research Associate

When the human rights watchdog for the United Nations visits Sri Lanka this weekend she should forcefully address the government's problematic record on press freedom.

U.N. High Commissioner for Human Rights Navi Pillay is scheduled to visit Sri Lanka August 25-31 ahead of next month's regular session of the U.N. Human Rights Council.

She plans to meet with government leaders and members of civil society. Given the abysmal state of press freedom in Sri Lanka, we hope she will also meet with journalists and press freedom advocates, including groups like Sri Lanka's Media Alliance. They will offer a very different view of Sri Lanka than the picture President Mahinda Rajapaksa projects to the world.

Rajapaksa has a record of relentlessly obstructing the independent press. Earlier this month, CPJ reported on government's effort to control media coverage of an ugly attackby security forces on people protesting what they feared was industrial contamination of their drinking water.

The incident underscored how the space for critical and independent reporting is quickly shrinking in the country. That does not bode well for accountability on human rights, a concern surely shared by Pillay.

This year, the government introduced a draft media code in Parliament that would impose harsh restrictions on journalists' ability to report freely. It was later withdrawn, following criticism. In March, the country's national broadcaster interrupted transmissions of BBC's Tamil service, and the local Tamil press continues to face attacks. In June, CPJ included Sri Lanka on the list of top countries from which journalists were forced to flee in the past year.

We also remain deeply concerned about whether critical journalists--both local and international--will be accredited to cover the upcoming biennial Commonwealth Heads of Government Meeting (CHOGM) in Colombo in November. Meanwhile, interest has waned in the case of the missing columnist and cartoonist Prageeth Eknelygoda, who disappeared in January 2010. The government has been uncooperative and evendestructive to the case.

The climate for press freedom looks increasingly bleak in Sri Lanka. When Pillay assumed her position as the U.N. rights chief, she told the BBC in an interview that her position is the voice of the victim everywhere. The victim here--independent journalism--needs Pillay's intervention and support more than ever.

Sumit Galhotra is the research associate for CPJ's Asia program. He served as CPJ's inaugural Steiger Fellow and has worked for CNN International, Amnesty International USA, and Human Rights Watch. He has reported from London, India, and Israel and the Occupied Territories, and specializes in human rights and South Asia.

Delft: Taking a look at EPDP’s home turf

by Manekshaw-Saturday, 24 Aug 2013

 

The largest of seven islands in the northern waters is known as Neduntheevu in Tamil and the Dutch, when they colonized the North, named it after a traditional city in the Netherlands known as Delft, which is nestled between Rotterdam and The Hague.

Delft Taking a look at EPDP’s home turf by nelvely

Govt. politicians go scot free after raping children, women – UNP

by Zacki Jabbar-August 23, 2013

Many government politicians had been accused of raping and killing children and women, but no action had been taken against them, the UNP said yesterday.

Anuradhapura District UNP parliamentarian Chandrani Bandara told a news conference in Colombo that in the majority of cases where children and women had been raped and in most instances killed, the culprits were UPFA politicians, but the Rajapaksa regime was protecting even such criminals, she said.

Rapists and killers were also being whitewashed by some in the media, she noted.

Commenting on the unbearable cost of living, the MP pointed out that it was the woman who felt its impact most, due to the ultimate responsibility of keeping the home fires burning.

She observed that with the prices of all essential goods and services having gone out of the reach of the poor, women were struggling to feed and look after their families.Females were playing an important role in reviving the UNP and their numbers in the party had increased,Chandrani said.

The UNP support base,she noted had increased rapidly in recent years and they were confident of performing well at the forthcoming Northern,Central and North Western Provincial Council Elections.

Soldier killed in explosion [ Saturday, 24 August 2013, 10:54.40 AM GMT +05:30 ] A soldier was killed and another sustained injuries following an explosion at a military training camp in Mullaitivu. The army said that the explosion took place when the soldier was demonstrating how to handle an explosive device last evening. The soldier sustained serious injuries in the accidental explosion while another soldier was also injured. Both soldiers were admitted to hospital but one of them succumbed to his injuries in hospital this morning.

HC stays deportation of another Sri Lankan Tamil to Colombo

A Subramani, TNN | Aug 23, 2013

CHENNAI: A day after the Madras high court restrained the state and central government from deporting a Sri Lankan Tamil, Eela Nehru, to the island-nation, yet another Lankan Tamil RSenthuran earned a similar respite from the court on Friday.

A division bench of Justice V Dhanapalan and Justice C T Selvam said the Centre and the TamilNadu government shall maintain status quo, and shall refrain from deporting Senthuran to Sri Lanka, till August 27 when his case and that ofEela Nehru would be taken up for further hearing.

When the matter was taken up, advocates S Duraisamy and V Elangovan, counsel for Senthuran, submitted that he was leading a peaceful life and had been abiding by requirements such as reporting to the jurisdictional tahsildar. Though initially lodged in the special camp in Sivaganga district, he was allowed to move out of the camp by the tahsildar in order to join a private firm in Chennai.

P Wilson, additional solicitor-general of India, however, opposed any court intervention in the matter, saying Senthuran's case could not be compared with that of Eela Nehru. "Senthuran entered the country illegally and had been involved in activities detrimental to the nation's integrity," he said, adding that he had flouted the undertaking he had given to the tahsildar too. He has not joined the private company and instead was indulging in unlawful activities, he said relying on a report sent by the Tamil Nadu government itself. He is not staying at the address he had given to the authorities, he said. The Centre approved the state government order of deportation.

Denying the averments, Duraisamy said the Centre was misleading the court, as Senthuran was very much in touch with revenue as well as Q Branch officials, who hold periodical inquiry with him. He is one among the three persons against whom the Centre has issued deportation orders. The third person, Soundararajan, is serving a 10-year life term in Tamil Nadu, and he has not chosen to file petition against the possible deportation so far, Duraisamy told TOI.

Senthuran said he was son of a jeweller in Sri Lanka, and that he had come to India in 2011. Since then he had been detained and jailed for brief spells several times, and he had undertaken fast on many occasions against his transfer to refugee camps. In his petition, he said the Sri Lankan authorities would butcher him if he were to be deported to that country. "I have to face the end of my life at the hands of Sri Lankan government," he said.

PMK’S PLEA TO UN HUMAN RIGHTS CHIEF

August 24, 2013 

India’s Pattali Makkal Katchi (PMK) on Saturday urged UN High Commissioner for Human Rights Navanethem Pillay, who is visiting Sri Lanka for a week from Sunday, to ensure that the Lankan forces reportedly deployed in Tamil-dominated areas, were withdrawn by the government.

In a statement, PMK leader S. Ramadoss said though the war had come to an end, a large number of Armymen had been deployed in the Jaffna peninsula and alleged that Tamils were living like prisoners in their area.

Besides, inquiring into progress made in alleged human rights violations, the official should ask the Sri Lankan government to withdraw the armed forces and release all LTTE prisoners.

The UNHRC should send an international inquiry team to Sri Lanka, and enquire about the progress made in rehabilitation work also, he was quoted as saying by PTI.

Only an organisation like the UNHRC could bring justice to the Lankan Tamils, he said, and urged its officials to bring to light the real facts and situation prevailing in the Tamils area. 

BJP WANTS 13A IMPLEMENTED

August 24, 2013 

India’s main opposition Bharatha Janatha Party (BJP) says that it too is in support of the implementation of the 13th Amendment to the Constitution of Sri Lanka, as proposed under the Indo-Sri Lanka accord of 1987.

The party’s national spokesperson Meenakshi Lekhi told reporters in Chennai that the BJP favored the implementation of the 13th amendment and thus ensure the rights of minority Tamils.

Tamil Nadu parties have called for the full implementation of the 13th Amendment without any amendments. 

Indian Prime Minister Manmohan Singh had also stressed “on the need that Sri Lanka would stand by the commitment not to dilute the 13th Amendment and would take it forward”.

Foreign Minister Prof. G.L. Peiris, during a meet with Singh, said that Sri Lanka is in compliance with its obligations in terms of the Indo-Lanka Accord which includes specific provisions on linguistic and cultural aspects.

The 13th Amendment of the Sri Lankan constitution, carried out with Indian backing in 1987, aims to ensure autonomy to provinces and by extension to the Tamils in the island’s north.

United Nations finds Australia commits 143 violations of international law

By Greg Sherington-22 August 2013 

22 August 2013       THE UNIVERSITY OF SYDNEY

Today the UN Human Rights Committee in Geneva found that Australia has committed 143 serious violations of international law by indefinitely detaining 46 refugees for four years, on the basis of their 'adverse security assessments' issued by ASIO, according to Professor Ben Saul. Australia breached its obligations under a binding treaty accepted by Australia, the International Covenant on Civil and Political Rights (ICCPR). Specifically the UN found: 46 cases of illegal detention, because Australia did not individually justify their detention, inform them of the specific reasons why they threatened security, did not use less invasive means of addressing any security risks, and did not afford them adequate legal safeguards; 46 instances where the refugees had no effective judicial remedies for illegal detention, because the Australian High Court has previously said that indefinite detention cannot be challenged; 46 cases of inhuman or degrading treatment in detention, because the arbitrary nature of the refugees' detention, its protracted or indefinite nature, the lack of information or procedural rights provided to the refugees, and the difficult conditions of detention, are cumulatively inflicting serious psychological harm on them. The UN Committee has directed Australia to provide the refugees with an effective remedy, including release from detention on appropriate conditions, rehabilitation and compensation. It also asked Australia to prevent future violations to review its migration laws. The UN has also asked Australia to report to it within 180 days on the steps it has taken to remedy these violations of international treaty law. This is the largest complaint ever made against Australia to the UN Human Rights Committee. The freedoms from arbitrary detention or inhuman or degrading treatment are among the most important of all human rights, after the right to life. These are exceptionally grave violations of international law by Australia. The refugees were represented pro bono by Professor Ben Saul, Professor of International Law at The University of Sydney and barrister, on instructions from the refugees and their lawyers (including Stephen Blanks, Julian Gormly and Jo Murphy). Professor Saul said: "These decisions demonstrate the grave lawlessness of Australian policies on refugees. "This is a major embarrassment for Australia, which is a member of the Security Council and often criticises human rights in other countries. "Australia should now do the right thing by respecting its international obligations and treating people decently. "Australia does not indefinitely detain dangerous Australians without charge, and it should not lock up foreigners either. "Australia must release them." The cases were lodged in August 2011 and February 2012 by 46 detained refugees who received adverse security assessments from ASIO. The UN Human Rights Committee has power under the Optional Protocol to the ICCPR to consider individual complaints lodged by people in Australia against action by the Australian government. Australia consented to the complaints procedure and participated in the proceedings in these cases. The UN Human Rights Committee is a quasi-judicial body of independent experts. Its decisions are not strictly legally binding, but are regarded as authoritative legal interpretations of Australia's binding obligations under the ICCPR. Australia is required by international law to implement its ICCPR obligations. The full UN Committee decisions are available here and here Interviews: Professor Ben Saul mob 0424 365 146 tel (02) 9351 0354

Contact: Greg Sherington

Phone: +61 2 9351 0202

Email: greg.sherington@sydney.edu.au

What is this about Dicyandiamide?

• by Gladys Samuel
• - on 08/24/2013

• Featured image courtesy 3News
  Is this is a legitimate problem or it is a problem created by the nationalists who want to get a competitor out of the way? I am confident it is the latter – let me tell you why.
  First, let me put some thoughts forward, if we are interested in our kids health.
  1. Heavy metals, Phthalates and Azo dyes in children’s’ products are banned and very low amount of maximum residue limits are allowed in test reports when these are exported to the US and the EU.  But, if we pick up some samples of plastic toys and test them in an accredited laboratory –  all these toxic chemicals are present abundantly in them.
  2. We export fish to the EU, Japan and other countries. These countries very rightly have regulations on Mercury and Cadmium in fish. The fish exported are tested and only that pass this standard is exported. Others that fail are given for local consumption!
  There are many more examples of this nature, if we care to look. This is because we have no standards or regulations for such highly toxic, carcinogenic residues. Sri Lanka Standards, which falls under the Ministry of Science and Technology, is the authority to come up with standards to regulate them in the local market. But, there are no standards. That’s how much we care for our people and our kids.
  Coming back to DCD, there are many questions:
  1. The Industrial Technology Institute (ITI) report’s conclusion doesn’t say in which batch or which brand the DCD was found – just that the local brands are free and foreign brands are contaminated. No specificity and no traceability given, something a scientific report will always mention in its final finding.
  2. The conclusion also says that the accuracy of the method (ITI used) cannot be determined. Based on this conclusion, ITI goes to the media and confuse the people.
  3. ITI has found DCD in Maliban products, which imported from Australia and they have not used DCD for 100 years!
  4. ITI doesn’t have LCMSMS, the required technology for the accepted method. And they have no accreditation for this test method, a must when a laboratory testing is challenged in courts.
  5. ITI hasn’t given a reference sample to retest in another laboratory, a practice any good laboratory must have to display the accuracy of its testing capability.
  6. ITI has not participated in an inter laboratory testing for this analysis, nor used certified reference material, a necessary requirement to validate its results.
  Sri Lanka Accreditation Board which has given accreditation to ITI for other tests must evaluate their credibility as a scientific institution on continuing their accreditation when ITI misleads public, decision makers and international market in such a way.
  Fonterra is suspending their operations in Sri Lanka due to unstable condition and the message will go out to anyone who has an inkling of interest in considering business in this land of great opportunities.
  Great strategy to have those FDIs flowing in!

Will Palestine Retain Its Natural Gas Fields?

Aug-22-2013

Please visit James Wall's Website, Wall Writings

Secretary Kerry, acting as something less than an “honest broker”, could be devising a token economic and freedom bucket list of promises that would be nothing less than a “carthaginian peace” imposed by the U.S. and Israel on Palestine, a “peace” which conquering armies impose on a defeated population.
Dr. James M. Wall Salem-News.com

Secretary Kerry, acting as something less than an “honest broker”, could be devising a token economic and freedom bucket list of promises that would be nothing less than a “carthaginian peace” imposed by the U.S. and Israel on Palestine, a “peace” which conquering armies impose on a defeated population.

Will Palestine Retain Its Natural Gas Fields by nelvely

Burma: Constitutional dilemma – revision or drawing a new charter?

Aung SanSuu Kyi has already declared her willingness to serve as her country’s president and her party’s intention to amend the undemocratic clauses in the constitution to allow her to do so, according to 8 October 2012 AP News.

 Lt-Gen Yawdserk, the leader of the Restoration Council of Shan State/Shan State Army (RCSS/SSA), (Photo: Shan State Army).

By Zin Linn Aug 23, 2013 

President Thein Sein’s government has declared itself a reformist administration since it took power in March 2011. At present, it has to meet a confrontational challenge so as to show its proper practice regarding constitutional change, which has been called for by various oppositions.

Burma Constitutional dilemma – revision or drawing a new charter by nelvely

Rajapakses giddy but ready to blindfold Naveenathan Pillai

(Lanka-e-News-22.Aug.2013,11.30PM0 The ruthless bloodletting Rajapakse regime is now gripped by fear and panic with the proposed visit to Sri Lanka of Ms. Navaneethan Pillai , the UN human rights Commissioner. Hence , it is hastily and clandestinely engaged in distorting and wiping out whatever evidence that are there against its criminal and murderous activities. 

The Welikade mass prison killings are figuring central in the camouflages and given priority in these dastardly unlawful activities of the regime. This is solely because of the reports that there is a prospect of Naveenathan Pillai paying a visit to the prison.

Every effort is being made to destroy the evidence against the brutal and cold blooded murders of nearly 30 unarmed prisoners in November last year .These were ruthless murders committed on the unlawful orders of Sri Lanka criminal defense secretary Gotabaya Rajapakse . Now all holes caused by the bullets of the Forces at the behest of Gotabaya that did the shooting in that inhuman ghastly bloodletting are being diligently closed and covered , in order to give the impression that nothing of that sort happened.

Yesterday , the ancient door made of thick timber of the second main gate of the prison which was damaged by the bullets was also removed , and repairing it is under way. Two LMP bullets were dislodged from the left side towards the center of the door , which are testimony that machine guns were used on the prisoners on the day of the incident- an absolute human rights violation.

On top of all these illegal manipulations , rumors are doing the rounds that a reprieve is to be granted to prisoners . It is to be noted that the reports on the investigations that were conducted locally into this mass killing was also not revealed. There are 82 prisoners who gave evidence before this investigation committee. The pardon envisaged to prisoners is a conspiracy to avert these prisoners from giving evidence before Pillai . This reprieve has been put forward and forms with the signatures of the prisoners including the 82 prisoners who are eye witnesses to the gruesome mass killings by the regime had been collected in this connection.

Sharma’s Office Denying Vital Information To CMAG Violates Extended Mandate – Canada

August 23, 2013 

Canada has responded strongly to a statement by the Commonwealth Secretariat that legal opinions sought by Secretary General Kamalesh Sharma on the impeachment of Chief Justice Shirani Bandaranayake were provided in confidence to his office.

“I very much agree with the estimable Mr Uku that ensuring the Secretary General is well informed on sensitive issues is an appropriate Commonwealth practise. But his logic,to the effect that the Foreign Ministers who make up the Commonwealth Ministerial Action Group,have no similar right to be well informed makes little sense,” Canadian Special Envoy to the Commonwealth, Senator Hugh Segal said, in response to the statement.

Senator Hugh Segal

“Do the Ministers report to the Secretary General,or does he advise them at CMAG?” Segal charged.

The Canadian Senator told Colombo Telegraph that the new remit for CMAG,approved at Perth in 2011(unanimously,including Sri Lanka) was very clear. The Perth CHOGM gave CMAG sweeping powers of decision over taking proactive action regarding member states whose adherence to Commonwealth core values were on the decline.

“Denying CMAG ministers vital information,such as the legal opinions on the impeachment issue,goes directly against the spirit of that remit,” Segal told Colombo Telegraph.

The Commonwealth Spokesman Richard Uku clarified Secretary General Kamalesh Sharma’s position on allegations exclusively revealed in Colombo Telegraph last week that his office hid legal opinions on the impeachment of Chief Justice Shirani Bandaranayake even from the Commonwealth Ministerial Action Group (CMAG) possibly because they could impact unfavourably on Sri Lanka.

 Read More

Buried Legal Opinions: Commonwealth Secretariat Refers To The Impeached Sri Lankan CJ As The “Former” CJ

August 23, 2013 

The Commonwealth Secretariat has released an official statement revealing Secretary General Kamalesh Sharma’s response to an exclusive report by Colombo Telegraph that his office buried legal opinions commissioned by the Secretariat about the Sri Lankan Government’s impeachment of its Chief Justice Shirani Bandaranayake.

Sharma and Uku

Commonwealth Spokesman Richard Ukusaid the communications had been provided in confidence to Secretary General Sharma.

In a statement released on the Secretariat’s official website, Uku said that a number of reports and opinions were requested and received about the removal of Bandaranayake.

Uku refers to the impeached Sri Lankan Chief Justice as the “former” CJ of Sri Lanka even though her sacking was declared invalid and illegal by the country’s highest courts of law, making the appointment of her successor unconstitutional.

“It is Commonwealth practice to ensure that the Secretary-General is as well informed as possible when determining the most effective way in which he can assist in politically sensitive situations,” Richard Uku’s statement said.                 Read More