Rule of law breaking in Sri Lanka

Kishali Pinto-Jayawardena-27 November, 2013

Sri Lanka’s democracy is on dangerous ground, and Australia should not watch passively, writes Kishali Pinto-Jayawardena

Australian Prime Minister Tony Abbott’s recent statement during the Commonwealth Heads of Government (CHOGM) meeting in Colombo that Australia does not condone torture but that ‘sometimes, in difficult circumstances, difficult things happen’ is deplorably simplistic.

First, the Australian Prime Minister’s assertion is contrary to international law as well as Sri Lanka’s own Constitution which prohibits torture without exception. Second, this remark underscores a basic lack of understanding regarding the problem of impunity that Sri Lanka, now the chair of the Commonwealth, faces.

The Prime Minister’s assumption that the problem of torture arose and was confined to the parameters of the thirty year conflict between the Liberation Tigers of Tamil Eelam (LTTE) and government troops in the north and east of the country is misinformed.

Far from being limited to times of active fighting, the use of torture by state officers is endemic and routine.  It is part of an overall problem of state impunity for human rights violators and continues post-war after the LTTE was defeated by government troops in 2009.

The victims range from individuals of minority Tamil ethnicity accused of being terrorists to persons of majority Sinhala ethnicity who are subjected to abuse on a variety of grounds. Examples include a teenager accused of petty crime, a lawyer who dared to ‘talk back’ to a traffic police officer and a dock employee mistakenly arrested as he bore the same name as a wanted criminal. Businessmen have been abducted and tortured in efforts to extract ransom from them.

A 1994 law which penalised torture has not been effective in courts due to lack of political will on the part of prosecutors and the police. The judiciary has little authority. In late 2012, Sri Lanka’s Chief Justice, who incurred the displeasure of the government, was brought before government parliamentarians, humiliated and tossed out of office.

Protests by judges and lawyers proved to be of no avail.         

The negation of the law and of the courts form an essential part of the Sri Lankan government’s post-war militarisation of government.

The brothers work it out
Overwhelming power lies in the hands of the President and his brothers, one of whom is the Secretary to the Ministry of Defence and the other, a powerful Minister. A third brother is the Speaker of Parliament. Certainly it is not in jest that Sri Lankans speak of their monarchic ruling family which is above the law. 

Efforts to reverse this post-war militarisation process have not been successful. The government’s own commission into post-war reconciliation (2010) recommended that the Department of the Police be de-militarised, brought out of the command responsibility of the President’s brother, the Secretary to the Ministry of Defence, and transformed into a civilian law enforcement agency.

After foot-dragging on this recommendation for two years, the government established a ministry of law and order with supervisory authority over the police but appointed a former military officer as its secretary. It was clear that this was purely a superficial measure taken to deflect criticism.                        

Increasingly, the military is being used in ordinary law and order situations with predictable excesses, not only in the former war-torn north and east, but in other parts of the country as well. 

Several months ago, three innocent individuals died and more than twenty five civilians were injured when the army shot at unarmed Sinhalese demonstrators at a village near Colombo. The demonstrators were demanding that ground-water contamination in their area, allegedly by a factory whose owners had links to the government, be stopped.

Inhumane assaults by soldiers of protestors and journalists as well as abuse of priests were recorded. This is one of many instances where live ammunition was used against protestors.  

Australia needs to stand-up on Sri Lanka
Rebutting the Australian Prime Minister’s perception that post-war life is better than it used to be, militarised law enforcement is firmly part of every-day life for Sri Lankans. These unpleasant realities underlie Sri Lanka’s gleaming new highways and spruced-up cities put in place for visitors to CHOGM.

Yet many parts of Sri Lanka have become vast criminal enterprises, run by corrupt politicians where courts of law have little voice, law enforcers have become the law breakers and torture, rape, even murder, remains uninvestigated.

In the north and east, the Tamil population is subjected to routine surveillance by a military administration.
At higher risk are former LTTE detainees and members of their families who are literally at the mercy of the military. Many of these people flee the country in despair. Even though provincial elections were held in the Northern peninsula resulting in the Tamil people voting en masse for the Tamil National Alliance (TNA) recently, the lack of effective devolved power to the TNA has yet to result in practical change in the lives of these people.

In this context, Prime Minister Abbott’s misinformed prevarications on Sri Lanka while handing over the chairmanship of the Commonwealth does not reflect favourably on Australian foreign policy.

His unconditional donation of two retired patrol boats to Sri Lanka’s government in order to assist deterring people smuggling operations came even as a senior navy officer was arrested by the Sri Lankan government for masterminding the people smugglers.

This seemingly carefully choreographed move during the CHOGM summit raises troubling questions as to the exact purposes for which these patrol boats may be used.

These are certainly questions that the Australian people should direct towards their Prime Minister. And perhaps it is time that Australia honestly examines its own commitment to much vaunted Commonwealth values of democracy and the Rule of Law.
 

Kishali Pinto-Jayawardena (pictured) is a Sri Lankan lawyer and legal columnist for Colombo’s Sunday Times. She recently visited Australia on the distinguished visitors program of the Australian National University (ANU), with support of the ANU’s Research School of Asia and the Pacific.             

SRI LANKA : Extrajudicial Killings - as an indicator of the collapse of the ethical and moral order

November 28, 2013

Yesterday, in our statement titled murders and extra judicial killings we commented on the killing of a police constable and his wife followed by what clearly appeared to be extra judicial killings of three persons who were alleged suspects of the said crime. The inquiries into the murder of the police constable and his wife, according to reports, was being carried out under the supervision of two Deputy Inspector Generals of the Sri Lanka Police.

In the present day ,reports on incidents of the practice of extra judicial killings of alleged suspects of serious and heinous crimes often goes unnoticed, without as much as a comment.

Over the years, an understanding or an ‘acceptance of sorts’ seems to have developed within the general public – of extra judicial killings by the law enforcement officers. Some of the reasons for such an understanding to take root in the society can be explained as follows;

a. The acts of such crimes have gradually become more brutal in nature and are often carried out with the use of sophisticated weapons and in many instances by trained gunmen i.e. ex-armed forces members. In this particular instance, one of the three persons killed is reported to have been a trainer in the Sri Lanka army’s commando regiment. The terror caused by such killings seems to have led to the public response that the disposal of such persons by extra judicial killings may be justified or at least that it is a ‘necessary evil’.

b. Due to the extremely chaotic situation of the judicial process in Sri Lanka – which has miserably failed to convince the general public, of Sri Lanka’s capacity to deal with crimes, through a due judicial process - the public seems to have accepted as fact, that in the absence of any alternatives in being protected from serious crimes through a legitimate process - killing of these persons may be the only alternative left. That the judicial process is extremely defective is beyond controversy. Besides the usual long delays stretching for years, in dealing with litigation in Sri Lanka, there are also other problems; there is hardly any protection for the victims and witnesses of crime, and therefore, many of them may think it unsafe to come before courts and give evidence; absence of evidence implies acquittals for the alleged criminals; further, retaining of lawyers through such a protracted periods of time, is a luxury that many people cannot afford; many Sri Lankan lawyers too, have unfortunately acquired the reputation of exploiting these delays for their own benefit; and in recent times, there is a widespread public perception that criminals can get away by of payment of Bribes, usually to Police officers ,which has - since of late - spread even to the judges themselves ; above all, there is a possibility of political interference and criminals often have political links which can see them safely and unscathed , through the ordeals of trials and other judicial procedures .

c. Killing of unacceptable persons has acquired some sort of legitimacy, due to the frequent resort to such killings during the long period of insurgencies in during Sri Lanka’s recent history. It is quite well established public knowledge that such killings have been resorted to, as a ‘necessary strategy’ for dealing with those who are branded as terrorists. The official sanction for this policy was expressed by a former Deputy Defense Minister who proclaimed in Parliament that “ “such things” cannot be done according to the law”

All these factors have created a mindset which almost expects the police and other law enforcement agencies to ensure security by resorting to extra judicial killings.
What this factual situation presents is a society that has dissented to the lowest depths of lawlessness and immorality. If murder of criminals is the only resort, that law enforcement officers have at their disposal, that itself is an open admission that even the most basic tenants of morality cannot any longer be protected nor respected any longer within the Sri Lankan social milieu.

Now, we have drifted from the war against terrorists to the war against criminals. War, in this instance means war in a literal sense and implies the direct use of the bullet in dealing with crimes.

The task of reinforcing the confidence in law and in the judicial process in any society is vests primarily, in the Government.

Whether crimes are dealt with - by means of law enforcement officers being allowed also to commit crime - is a matter entirely determined by the Government. If resort to such killings is done with the approval of the Government itself, then there is no-way-out, of the situation. That the present Government of Sri Lanka overtly or covertly encourages and condones the resort to that type of violence is quiet obvious. The President as the Head of the Government has not made a single statement condemning such killings nor set out the State Policy for the prevention of such killings which set out the manner in which to deal with crime in general through the ordinary legal process following the law of the land. Since the Government of Sri Lanka, is the Executive President, there is no one else who could give the re-assurance to the society with a better way of dealing with such crime, other than by resorting to cold blooded killings. It is from within the very nature of the Sri Lankan Constitutional system itself that the responsibility for the State Policy for permitting such killings could be placed on the President himself.

Under such circumstances, announcements of inquiries into such extra judicial killings or bringing the perpetrators of such crimes to justice makes no sense. Such inquiries and prosecutions are possible only when the Government does all that it can, to create respect for law and the judicial process. The Rajapaksa Government has quite clearly entered into a different path than that of one creating respect for the rule of law and judicial process.

The government policy of undermining the judicial process has quite a long history, and the most recent overt demonstration of that policy was the illegal sacking of the Chief Justice Dr. Shirani Bandaranayake. When the very appointments to positions such as that of the Chief Justice, is not based on implacable legal principles, there is hardly anything further to be said about the respect for law and legality.

When the nation so blatantly rejects the fundamentals of moral and ethical order by creating permissiveness towards, extra judicial killings by law enforcement officers we must all ask ourselves; what kind of respect for morality or ethics could be sustained in Sri Lanka? A cynic may respond to that question, by saying; who owns morality and ethics? Unfortunately, such a response form a cynic, coincides quite clearly with the approach that the Government itself takes, on the issue of ethics and morality in Sri Lanka.

If the Government itself quiet openly pursues a path of disregard for ethical and moral order what hope remain for Sri Lanka to be a civilized country? To be civilized means the respect for the moral and the ethical principles on the basis of which the members of that society could maintain relationships which are ethical and morally sound.

Those who are talking about the civil society should seriously ponder about this level of collapse of the moral and the ethical order in Sri Lanka. Something called a civil society can exist only within a context of recognition of ethics and morality as the foundation. If the civil society itself condones extra judicial killings by law enforcement agencies, that is a frightening indication of a crisis and a confusion within the civil society itself.

These are the problems that are posed by the extra judicial killings that are permitted to happen unabated in Sri Lanka.

SRI LANKA: Murders and extrajudicial killings - The link to the Statement published on 27th November 2013

AG’s Appeal On CJ Impeachment: SC Judges Urged To Uphold Judicial Independence As Non-Negotiable Foundational Basis Of Society, AG Says “You Can’t”

November 28, 2013 

The controversial appeal by the Attorney General from the Appeal Court ruling that the so called impeachment inquiry of the Parliamentary Select Committee against Chief Justice Dr. Shirani Bandaranayake was taken up today (28.11.2013) before a special bench of 5 judges nominated by de facto Chief Justice Mohan Pieris.

Chief Justice Shirani Bandaranayake

The judges (S. Marsoof, Chandra Ekanayake, Sathya Hettige, Eva Shanthi Wanasundera & Rohini Marasinghe) were urged by Attorney General Palitha Fernando, to hold that no court has any right to go into (even look at) what Parliament does. He said that if court goes into the matter and holds the impeachment invalid, it would seem like the judges are biased. AG did not mention that the Parliamentary Select Committee (PSC) was consisted of majority of MPs under the Rajapaksa regime (obvious high bias), who misbehaved and abused Dr. Bandaranayake causing all opposition members to walk out in disgust and protest.

At one point, Justice Rohini Marasinghe observed that it seems clear that surely if the process is clearly wrong under the constitution, it is not sensible to say that court can’t make at least a declaration that there is unconstitutionality. She asked the Attorney General to respond on that. AG replied that unfortunately, courts can’t. AG first came into the case in the Appeal Court only on a special request by the Appeal Court judges to just assist them with submissions on the law (a status called in legal jargon as “amicus curiae” – court’s friend). The AG controversially turned into an appellant after the judgement, attacking the Appeal Court judgement through this appeal. According to reliable sources (who requested not to be named), this was due to heavy pressure from the Rajapaksa regime. Normally it is not for an “amicus curiae” to appeal against judgement. Protests against this by the parties to the case were earlier rejected by the same 5 judge bench.Read More

HEALTH TRADE UNIONS CONTINUE STRIKE, UNAWARE OF COURT ORDER

November 28, 2013 
The Joint Council of Nursing, Professions Supplementary to Medicine (PSM) and Paramedic Services is continuing with their strike action for the second day despite a court order issued yesterday preventing the 48 hour trade union action.

Sixteen trade unions of the Government Health Services sector engaged in the strike, based on several demands, from 7.00am yesterday (27) and is scheduled to end at 7.00am tomorrow. 

The Colombo District Court, after considering a petition filed by a patient, yesterday issued an interim injunction on the 16 health unions preventing their 48 hour trade union action.

However, the Convenor of the Joint Council of Nursing, PSM, and Paramedic Services, Saman Rathnapriya stated that they have not been notified of any such court order and therefore the strike will be held for 48 hours as planned. 

SLFP to undergo reforms, all island CC to meet next month

Thursday, 28 November 2013 

The Sri Lanka Freedom Party (SLFP) is to undergo reforms in certain area, especially in affiliated organizations, in preparation of the provincial council elections to be held next year.

SLFP sources have said that all trade unions affiliated to the party will be restructured and new office bearers will be appointed to these bodies.

The SLFP is to also introduce reforms to other affiliated organizations.

Meanwhile, preparations are underway to summon a meeting of the SLFP’s all island central committee to discuss and decide on the political actions next year.

The party is to discuss the holding of Western, Southern and Uva Provincial Council elections and also a Presidential election by mid 2014.

Correcting Hudson’s Crooked Political Vision

• by Nimalka Fernando
• - on 11/27/2013 

On the 4th of November 2013 I was contacted by many friends and relatives urging me to listen to Hudson Samarasinghe’s radio program on a state radio channel. I normally don’t listen to Hudson’s program because I perceive it to be low grade cheap propaganda by a producer who has self styled himself to be a wrecker of images. The words used in this program are filthy and derogatory. And it is a hallmark of the defamatory and biased political culture and tradition that Hudson represents. A political culture and tradition which is reflected in the “inner man” within Hudson blindly following the regime and their thinking within a culture of governance which can best be described as being authoritarian. I had to force myself to listen to Hudson’s program because it involved a direct and personal attack on me.

Correcting Hudson’s Crooked Political Vision by nelvely

TISL takes up transfer of cops
                                                                          

By Premalal Wijeratne-  Thursday, 28 Nov 2013                                                                                                                                                                                          

Transparency International Sri Lanka (TISL) had made a complaint to the Human Rights Commission (HRC) against the sudden transfer of 23 police officers attached to the Organized Crimes and Anti-Corruption Division of the Police Headquarters.

TISL had requested the HRC to investigate whether the transfers had been effected in conformity with the laws, while pointing out that owing to these sudden transfers, the legal cases and investigations pertaining to organized crimes and anti-corruption activities that are pending, are in disarray.

TISL asserts that effecting transfers in this manner would serve to de-motivate other officers in addition to discouraging them in the discharge of their duties. The organization further states that such sudden transfers constitute a violation of the Constitution, which guarantees that justice shall prevail, and everyone should be considered as equal before the law.

Director of the Human Rights Commission,
Dr. Prathiba Mahanamahewa, responding to queries in this regard, said, a complaint had been received by the HRC. The complaint had been registered and if it complies with the provisions of the HRC Act, an investigation will be instituted.

Juxtaposed to the complaint by TISL and the comments made by Dr. Mahanamahewa in this regard,... ...Police Headquarters stated that the transfers had been carried out in view of the officers concerned having served in one area for a long period of time.

Meanwhile, Prime Minister, D.M. Jayaratne, answering a question posed by JVP MP Anura Kumara Dissanayake, said the transfer of the 23 police officers who had raided the Salaka Gaming Centre was necessitated on grounds of their dereliction of duty, and inefficiency.

According to information, so far the Director of the Anti-Corruption Division had not initiated an investigation into the reasons behind the sudden transfer nor has a report been made with regard to the same.

Speaking to Ceylon Today, a number of police officers who had been transferred, said they had been victimized even though they had only carried out their legitimate duties, and added that by transferring them to all corners of the country, a grave injustice had been done to them.

VIDEO: 21 SAILORS INJURED IN BUS ACCIDENT; NIGHT MAIL TRAIN DELAYED

November 28, 2013 

 
Twenty-one sailors were injured, three critically, after a bus carrying navy personnel was involved in an accident near the Diyatalawa railway station today, Diyatalawa hospital sources said.

Police said 25 navy personnel were onboard the bus when the accident occurred at around 5.30pm at the junction near the Diyatalawa railway station.

The wounded persons have been admitted to the Diyatalawa Hospital, police said.

Meanwhile the Colombo Fort-bound night mail train from Badulla which was scheduled to depart at 6.00pm has been delayed by over 3 hours due to the bus accident near the Diyatalawa station. 

Reinvestigate Rajiv Gandhi assassination case

Editorial-Posted 27 Nov 2013

The time has come to order a fresh investigation into the assassination of Rajiv Gandhi at Sriperumbudur in Tamil Nadu on 21 May, 1991.

The Special Investigation Team appointed by the government of India was headed by DR Karthikeyan who managed to round up 26 people, some not even remotely connected with the crime, got them all convicted and sentenced to death by the trial court under the notorious Terrorists and Disruptive Activities (Prevention) Act though none was charged for any terrorist offence.

A protest in Tamil Nadu against the death sentence to the three death row convicts in the Rajiv assassination case

They were convicted under Section 302 IPC. The Supreme Court confirmed the death sentence of only four, Nalini, Murugan, Santhan and Perarivalan.

The only charge against Perarivalan, who was in his teens at the time of the crime, was that he purchased two nine-volt battery cells which, according to the SIT charge-sheet, were the ones used to trigger the human bomb that blew up Rajiv Gandhi.

Perarivalan admitted to his interrogators that he did buy two Golden Power battery cells but had no idea the purpose for which it was procured.

V Thiagarajan, the CBI SP who recorded Perarivalan’s statement, altered it by giving a spin that the battery cells were for making of the bomb.

Having retired from service, Thiagarajan now says, “The burden on my conscience was growing and forced me to break the silence and disclose the truth in the fervent hope of preventing miscarriage of justice.”

Of the 26 sentenced to death, the statements of 17, including Perarivalan’s, were recorded by Thiagarajan. Miscarriage of justice had already taken place and the four have been in jail for the last 22 years.

Asked why he did not come out with the truth earlier, professional compulsions did not permit him, said Thiagarajan. He is no longer a caged parrot.

Even the Supreme Court Judge KT Thomas, now retired, who presided over the Bench which confirmed the four death sentences, admits there was miscarriage of justice and does not want them hanged.

Nalini’s death sentence has been converted to life imprisonment at the request of Sonia Gandhi. The other three have been in death row awaiting the noose since 1999.

Immediately after the assassination, the Chandrasekhar government appointed the Justice JS Verma Commission of Inquiry. Its report submitted to the Union home ministry in June 1992 came out with some shocking revelations.

Equally shocking is the revelation during a recent hearing in an RTI application that the complete records pertaining to the Verma Commission could not be found.

Skeletons are tumbling one after another on the manner in which the Rajiv assassination case was investigated and disposed of.

The entire visit of Rajiv Gandhi to Sriperumbudur was video-taped by the Intelligence Bureau and handed over to MK Narayanan, then its chief.

On 22 May, 1991, Narayanan wrote a letter to Chandrasekhar stating the video of the meeting was being scanned to try and identify the lady (the assassin). The SIT was given an edited, doctored copy with interpolations. When it sought a copy of the original, Narayanan refused.

On the advice of then Prime Minister PV Narasimha Rao, the CBI filed a case against Narayanan for suppressing crucial evidence in the sensitive assassination case. Nothing came of it.

Before the killing of Rajiv, the hit squad’s wireless communications with its handlers in Jaffna were intercepted by Army intelligence and passed on to Narayanan. He failed to take any preventive step. A hidden hand was protecting him all along.

- See more at: http://www.theweekendleader.com/Editorials/1707/Reinvestigate-Rajiv-Gandhi-assassination-case.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+theweekendleader+%28The+Weekend+Leader%29#sthash.Kf9vQPyZ.dpuf

Japan secrecy law stirs fear of limits on freedoms

By AP News Nov 26, 2013 

TOKYO (AP) — A proposed state secrecy law in Japan that imposes stiffer penalties on bureaucrats who leak information — and journalists who seek it — is spurring a public outcry, with opponents blasting it as a heavy-handed effort to hide what the government is doing and restrict press freedom.

Japan Secrecy Law Stirs Fear of Limits on Freedoms by nelvely

LCA condemns Sri Lanka’s worsening rule of law

27 November, 2013

The Law Council of Australia (LCA) has joined a chorus of criticism directed at the Sri Lankan government over the state of the rule of law in the country.

LCA president Michael Colbran QC (pictured) said he was particularly concerned by reports of threats and intimidation directed at members of the legal profession and judiciary in Sri Lanka.

He singled out the impeachment of the former Chief Justice of Sri Lanka in January, claiming the dismissal did not appear to comply with the principles of natural justice.

“An independent legal profession and judiciary is an essential component of the rule of law,” he said.

Earlier this month, authorities revoked the visas of three human rights experts speaking at a conference co-hosted by the Bar Association of Sri Lanka and International Bar Association Human Right’s Institute (IBAHRI). The event coincided with Sri Lanka’s hosting of this year’s Commonwealth Heads of Government Meeting (CHOGM).

One of the speakers whose visa was revoked, Gabriela Knaul, UN Special Rapporteur on the Independence of Judges and Lawyers, said she had serious concerns about acts of reprisals against judges, prosecutors, lawyers and other members of the judicial system who cooperate with UN and regional human rights mechanisms.

“Reprisals against judicial actors and legal professionals are a kind of attack to their institutional and functional independence,” she added.

The International Commission of Jurists (ICJ) also highlighted Sri Lanka’s disregard for international standards in an open letter signed by 56 eminent jurists and senior judges from around the world. The letter also raised concerns about the independence of the judiciary and the removal of judges.

Colbran has called on the Australian Government to continue to address these matters with the government of Sri Lanka.

However, Kishali Pinto-Jayawardena, a Sri Lankan lawyer and legal columnist for Colombo’sSunday Times, is unimpressed by the Australian Government’s efforts so far. She slammed recent remarks by Prime Minister Tony Abbott as “deplorably simplistic” and showing a lack of understanding regarding the problem of impunity that Sri Lanka faces.

Sri Lanka Faces a Human Rights Curveball from China

China made an unexpected comment about Sri Lanka’s human rights record. What does that really mean?

By Ankit Panda-November 27, 2013

Sri Lanka recently wrapped up the Commonwealth Heads of Government Meeting (CHOGM) 2013 amid much controversy. Despite the the prestige of being selected as the venue for the meeting, Mahinda Rajapaksa, the Sri Lankan president, was assailed from across the Commonwealth for his country’s poor human rights record. The UK’s David Cameron, Canada’s Stephen Harper, and neighboring India’s Manmohan Singh all faced immense domestic pressure over the meeting because their attendance would have been perceived as a tacit acknowledgement that Sri Lanka’s poor human rights record is irrelevant. Harper and Singh ultimately did not themselves attend the meeting.

However, in a somewhat novel and unexpected development, China came out last week and called on Sri Lanka to “make efforts to protect and promote human rights.” Qin Gang, a spokesperson for the Chinese Foreign Ministry, told reporters that “This is an issue within the Commonwealth, but at the same time I believe that on the human rights issue, dialogue and communication should be enhanced among countries.”

This rhetoric from the Chinese is a fundamental departure from their earlier support for Rajapaksa’s government. According to The Hindu, the Chinese  “when asked about international criticism aimed at Sri Lanka in the lead-up to a United States-backed resolution at the U.N. Human Rights Council, … lauded Mahinda Rajapaksa’s government for making ‘great strides’ in promoting human rights.” China also stated that Sri Lanka’s internal affairs should be left to Sri Lankans.

Has China’s acquisition of a seat at the UN human rights council earlier this month made it more interested in speaking out in this way? Probably not. In fact, Qin Gang’s statement continued to include the following qualifier: “Due to differences in economic and social development of different countries, there could be differences on human rights protection. So what is important is that the relevant country should make efforts to protect and promote human rights, while other countries in the world should provide constructive assistance.”

This seems consistent with expert perceptions of China’s human rights policy. A Human Rights Watch report from 2011 notes that “main concern at the [human rights council] appears to be to protect state sovereignty from what it considers undue interference in domestic affairs through overly critical resolutions.” The statement could also reflect China’s desire to be seen as a responsible great power in Asia — it is known to periodically make its commitment to international norms known through public statements.

Nevertheless, the statement must come as somewhat of a surprise for Sri Lanka, which has cooperated with China extensively in fomenting its own economic development. Reports indicate that after the three-decade long civil war came to a close in 2009, China was quick to reap the benefits of political stability by immediately emerging as Sri Lanka’s largest creditor. China loaned the island state $1.2 billion — more than India — as it attempted to make major strategic inroads with Rajapaksa. Future investment inflow is expected to exceed $4 billion.

As I’ve written before, India missed an important opportunity with CHOGM 2013 to make inroads with Sri Lanka bilaterally and establish itself as a regional leader. Concern over China’s influence in Sri Lanka has recently risen to the top of the agenda for the Indian strategic community — the relationship is perceived as one of the most threatening nodes in China’s so-called “String of Pearls” strategy. Indeed, certain strategists will point out that China’s support for Sri Lanka saw a major uptick in 2012 after its Defense Secretary Gotabaya Rajapaksa visited Beijing to discuss military cooperation and strategic ties with then-Chinese Minister of National Defense Liang Guanglie.

As for Sri Lanka, the Chinese statement on its human rights record is sure to cause some discomfort. China has been a valuable partner for the small nation in multilateral fora over the human rights question, and doubting its support now could be destabilizing to the bilateral relationship. Sri Lanka will face a U.S. sponsored resolution on its human rights violations at the next UNHRC session, expected to take place in March 2014.

Will China Leave Rajapaksa In The Lurch Just Like Gadaffi?

( November 28, 2013, Colombo, Sri Lanka Guardian) China`s recent advice to Sri Lanka that she should improve on her human rights record, had apparently caused shockwaves to reverberate within the higher echelons of government, sources revealed. The magnitude of government`s angst in relation to the statement issued by Chinese Foreign Ministry is easily conceivable, when the subsequent clarification by the Chinese Embassy, is looked at in its proper perspective.

The Chinese Embassy did not deny the statement of its Foreign Ministry, which advised the Sri Lankan Government to improve on its human rights record. The clarification by the Embassy merely states that the local media had twisted the statement issue by the Chinese Foreign Ministry. Those in the know of backroom manoeuvrings in such matters, may well surmise that the Embassy`s statement could have been inspired by the government so as to dispel any doubts in the minds of the common masses who are somewhat conditioned to think that China will act as a safety net when the country is faced with hostile forces in the UNHRC.

A notable fact in this issue is that the Chinese statement on human rights in Sri Lanka comes right after it was admitted as a member of the UNHRC. Before it was elected to the UN body as a member, and when any motion was brought in condemnation of Sri Lanka`s human rights record, China sprang to its defence without any hesitancy. This apparent change of tact by China in relation to the human rights position of the country is rather enigmatic, at least in so far as the government is concerned.

Heavily dependent on China

It is no secret that the Rajapaksa Government depends heavily on Chinese goodwill to help it get out of trouble when serious human rights and war crimes allegations are brought against the country in the UNHRC. In fact, the government has been able to plant it in the minds of its supporters, purely by dint of repetition

Mahinda plays the China card internally or externally, exclusively for political advantage. Internally, it keeps his government strong as his supporters assume that he has the fullest backing from China. Externally, he uses it to chaste India when he deems it necessary to do so.

In light of the foregoing, it may not be too far from the truth if one were to think the statement of the Chinese Foreign Ministry was a body blow to the Rajapaksa Government. Ipso facto, India cannot be more comfortable when quietly savouring the developing scenario. So far, the mandarins of the Indian foreign office were in a quandary as to the possible outcome of India`s tight squeeze on Sri Lanka, by voting for the UNHRC resolution at Geneva.

But now that China has also taken up the call for the protection of human rights as an issue in Sri Lanka, India must feel vindicated. It is not irrelevant here to consider what made China issue a statement which could in all probability rattle the Rajapaksa Government. It reminds one of a parallel situation which arose during the presidency of J.R. Jayewardene. When the war was raging in the North during his tenure, India made an all out effort to sabotage Sri Lanka`s war against the terrorists. What JR did then was to send his Finance Minister, Ronnie de Mel, to America, to get help for the country`s war effort. Quite interestingly, when Ronnie met the then American Secretary of State, he did a rather unusual thing. He led Ronnie to a map hanging on the wall of his office and showed him the distances between Sri Lanka, America and India. He advised him to tell his government to settle their contentious issues by mutual agreement.

Even though all of these concerned US interests in the region, US policy which is based on long-term strategic interests was to ignore and establish a strategic alliance with India. This explained the US reaction to the Indo-Lanka conflict and the ethnic crisis in Sri Lanka.

India important to the US

At this time, America should have helped Sri Lanka, especially in view of the fact that it had agreed to provide certain requests made by America, namely facilitation of setting up of a VOA relay station in the country, and granting Trincomalee oil tanks leasing facilities to an American company. Due to Indian influence, America might have decided to withhold its support to Sri Lanka as India was more important to it. In like manner, if by any chance China was to be asked by India who would be more important to it from the two sides, there would be little wonder if it did not choose India over Sri Lanka. If India conveys to China directly, or indirectly through America, that it has no complaint against China having investment projects in Sri Lanka as long as it goes along with them in the matter of human right issues pertaining to the country, they would naturally prefer to work with India and the international community. This will be to China`s advantage as it could then hold up its own human rights record in better light.

China`s true commitment to human rights issues will be brought under the spotlight when the Sri Lankan case is brought to the UNHRC next March.

Escalating Sri Lankan repression of Maaveerar remembrance met with Tamil defiance
The Sri Lankan government's heightened repression of any acts of remembrance commemorating fallen LTTE cadre, in the run up to this year's Maaveerar Naal (Heroes' Day) on November 27th, has been met with Tamil defiance.

The Sri Lankan government and military's clamp down on remembrance events in the run up to  Maaveerar Naal this year has been particularly severe, coming only days after Sri Lanka received a battering in the international spotlight over its treatment of Tamils, and weeks after prolific and undiminished Tamil nationalism was evidenced at the polls. 

The head of the University of Jaffna's teacher's union, E. Raasakumaaran, was interrogated by officials from the Terrorism Investigation Department (TID) today. Mr Raasakumaaran, who was taken to the police station at 3pm, was allowed to leave at 7pm, reports TamilWin. 

The incident comes as reports emerge of a heightened military presence surrounding the University of Jaffna. The presence of military personnel drove local residents to return home and lock the doors by 6pm today.

Meanwhile, what is widely considered to be a calculated move to disrupt the organisation of remembrance events, the Jaffna University - an enduring crucible of Tamil resistance against the Sri Lankan state which once again became a focal point of the struggle over the right to remember Maaveerar Naal last year - remains closed to students, withteaching suspended till December, despite other universities across the island due to re-open on November 18th.
The military presence follows yesterday's attack on the homes of Tamils elected into local councils in Karaveddi South-West and Valvettithurai (the ancestral home of the LTTE leader Velupillai Prabhakaran), after the councils held remembrance events.

Photograph Lankawin

The increasing violence appears only to have fueled Tamil defiance.

Speaking in parliament today, the TNA MP, S. Sritharan said that the Tamil people in the North-East had voted for the TNA as a sign of support for the ideals of the LTTE leader Vellupillai Prabhakaran.

Asserting that the Tamil people had a right to commemorate the Tamil cadres that lost their lives in the ethnic conflict, Mr Sritharan said, "tomorrow, each Tamil, will think of the Maaveerar from morning till dusk.""Each Tamil has the right to honour them and lay a flower for them. How just is it to prevent this right?" questioned Mr Sritharan, adding, "Maaveerar Naal is an auspicious day for the Tamils... a day when those that sacrificed their lives for the liberation of Tamils are remembered... Repressing or prohibiting this auspicious day for the Tamils, will only increase the scars in the minds of Tamils."

Listing a handful of the numerous names of LTTE cadre who remain disappeared after surrendering to the Sri Lankan military during the final stages of the armed conflict, Mr Sritharan condemned what he said was the "structural genocide" taking place in the North-East and emphasised the Tamil nation's right to remember their martyrs, saying:

“Tamils do not deny that Tamil national leader Prabhakaran is still revered, but the Sri Lankan state depicts him as a terrorist. In truth, Tamil people see him as the greatest leader in history, who awoke the previously dormant defiance of the Tamils… they see him as a symbol of the irrepressible struggle against the subjugation of our race,”

“The Tamil people have the right to honour anyone who has fought for their freedom,”

“The Sri Lankan government continues on its path of crushing oppression. If our people had any faith in the government to solve their problems, that faith is disappearing.”

As has become customary at this time of year, since the defeat of the LTTE, the toiling of church or temple bells, and the lighting of candles or lamps have been prohibited by the Sri Lankan military.

Sri Lankan soldiers have been seen systematically destroying Gloriosa lilies or 'kaarthigai poo' in the Vanni area, reports the Uthayan newspaper. The flower was named the national flower of Tamil Eelam by the LTTE and has come to symbolise the act of remembrance on Maaveerar Naal, as does a red poppy in the West.

Yet, the Tamil youth remain undeterred. Effectively confined to their homes, Tamil youth in the North-East have taken their remembrance online, changing their profile pictures on social media accounts to photographs of lamps and candles. 
Remarkably the Tamil defiance comes as an absolute ban on any activities that commemorate Tamil fighters had been announced by the Sri Lankan military's spokesperson earlier this week.

In a clear warning, Brigadier Ruwan Wanigasooriya had said,  

"Promoting and propagating separatist ideology within Sri Lanka directly or indirectly, even by using media freedom, and attempting to commemorate or glorify terrorists that belonged to a proscribed organisation would be illegal.

As dawn approaches in the North-East on this year's Maaveerar Naal, four years after the defeat of the LTTE, the Sri Lankan state's escalating repression of the Tamil right to remember, is being met with Tamil resolve to defy. 

Allow people to give way to their emotions, Wigneswaran warns Colombo on Heroes Day

[TamilNet, Wednesday, 27 November 2013, 16:01 GMT]
The occupying Sri Lankan military in Jaffna on Tamil Heroes Day blocked the Northern Provincial Council (NPC) from planting trees at the public venue of Thanthai Chelva's memorial square. However, three provincial ministers, including the NPC Chief Minister CV Wigneswaran and three councillors went ahead planting tree saplings in the premises of the secretariat of the provincial education ministry, which is located in a private land. “This is about our emotions and feelings. If the [SL] government didn't allow us to proceed with this, the outcome would be much more drastic,” the chief minister of NPC warned Colombo. 

“No government can stop us from planting trees in our private lands. I have planted a tree at my house also. We are planting these new tree saplings at the secretariat which lies in a private land,” Mr Wigneswaran said adding that the act also symbolised the desire of a people for their rejuvenation. 

“While praying that peace be upon the souls of those perished, we also regard this event as a sign of bringing ourselves into a new world,” he added.



NPC Minister of Agriculture Mr P Aingaranesan and NPC Minister of Education T. Kurukularajah, NPC members V. Sivayogan, P. Gajadeepan and E. Arnold were present at the function. 

“We plant trees symbolising our desire for the arrival of a new generation as one generation has left us. A lot of youth, both men and women, among our population have departed from us. If we are to achieve upliftment in our life, we need the youth, children and more students,” he said. 

“Like we seek to maintain our environment in a healthy way, we also seek rejuvenation of the human life.”

“The [Sri Lankan] Government has forbid planting trees [on this Day]. They are approaching the issue with a narrow mind,” he said. 

The government should take into account the emotions and feelings of the people. If it seeks to suppress the emotions of the people with military might, the result would be far worse, and that the government should take this into account, the NPC Chief Minister warned. 

If the government sought to tackle the situation with military might, the emotions and feelings of the people would gain more impact in the future than now, he said. “If you put the ball inside the water and push it downwards, it would bump up,” Mr Wigneswaran said. 

In his 3-minute address, he also said: The trees on both sides of the A9 have been wiped out in the Northern Province. The outgrown jungles have become empty terrains now. “How did they vanish, who got them is something we could only assert, I think, through an international investigation,” he commented.

Jaffna based newspaper remembers

Tamil Guardian 27 November 2013 In amidst the Sri Lankan government's stifling repression of any acts of remembrance, staff at the Jaffna based newspaper, the Uthayan, planted trees and donating blood today.

உதயன் பத்திரிகை நிறுவன பணியாளர்கள் இரத்ததானம் உதயன் பத்திரிகை நிறுவனத்தில் இரத்ததானம் வழங்கும் நிகழ்வு இன்று காலை முதல் நடைபெற்று வருகின்றது. இரத்ததானம் வழங்க ஆர்வம் உள்ளவர்கள் உதயன் பணிமனைக்கு வருகை தந்து இரத்ததானம் செய்து கொள்ள முடியும் என்பது குறிப்பிடத்தக்கது. - See more at: http://onlineuthayan.com/News_More.php?id=836342472727631748#sthash.iMPTBrv2.dpuf