Without cooperation from States, we cannot do our work for human rights – Key UN expert group

GENEVA (10 December 2013) – The largest body of independent experts in the United Nations Human Rights system today urged world governments to cooperate with them, and allow human rights organisations and individuals to engage with the UN “without fear of intimidation or reprisals.”

The appeal* by the 72 special procedures experts comes on Human Rights Day, which this year marks the twentieth anniversary of the Vienna Declaration and Programme of Action that led to the creation of the Office of the High Commissioner for Human Rights.

“Over the years more than 160 UN member States have been visited by at least one of our human rights experts, and a total of 106 States have extended an open invitation to special procedures,” Mr. Chaloka Beyani said on behalf the group charged by the UN Human Rights Council to report and advise on specific country situations and thematic issues in all parts of the world.

“However, around 30 States have not yet accepted a visit by any of our experts,” he stressed. “Others have given access to only a select few. “Unfortunately, it has become a reality that a standing invitation cannot necessarily guarantee that a visit will actually take place.” (Country visits since 1998:http://www.ohchr.org/EN/HRBodies/SP/Pages/countryvisitsa-e.aspx)

Mr. Beyani recalled that, since the first special procedures mechanism was established over 40 years ago in 1965, the independent experts have fostered national debate on human rights issues and helped States to revise their legislation and respond to the expectations of victims of human rights violations. “Cooperation is mutually beneficial,” he said.

“The work we do relies heavily on our interaction with civil society, national human rights institutions, human rights defenders, other individuals working on the ground and victims of human rights violations,” the expert explained. 

“It is of utmost concern that some of these become victims of intimidation and reprisals. The protection of these vital partners is of utmost importance,” he said, calling on world Governments “to respond firmly against any act which threatens them and seeks to obstruct human rights work.”

Mr. Beyani underlined that reprisals are a critical challenge facing the UN system and its human rights mechanisms. “We call for the  designation of a focal point on the issue of intimidation and reprisals as soon as possible,” he said on behalf of the largest body of independent experts in the UN Human Rights system.

The United Nations human rights experts are part of what it is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the United Nations Human Rights, is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world.They are charged by the Human Rights Council to monitor, report and advise on human rights issues. Currently, there are 37 thematic mandates and 14 mandates related to countries and territories, with 72 mandate holders. In March 2014, three new mandates will be added.

(*) Read the statement by the Coordination Committee of Special Procedures on behalf of mandate holders of the UN Human Rights Council: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14082&LangID=E

Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity

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HRC Postpones Set Up Of Torture Commission On Alleged Requests By CSOs – Rights Now Asks Chairman To Name The Orgs

December 14, 2013

After the Commonwealth Secretary General Kamalesh Sharma announced confidently that the Sri Lankan Government would set up a Commission on Torture under the Human Rights Commission of Sri Lanka (HRCSL) shortly before CHOGM in Colombo, reports have emerged that the establishment of the commission is to be postponed.

According to a newspaper report which quoted unnamed sources, the decision to postpone the establishment of the commission was take by the Sri Lanka Human Rights Commission, together with the Commonwealth Secretariat Human Rights Unit, responding to a request made by several civil society organisations who had sought a postponement of the investigations.

Sharma

The Rights Now Collective, today wrote to the Chairman of the HRCSL Prathibha Mahanama, asking him to confirm the veracity of the report and also divulge the names of the civil society organisations that made the request.

“Subsequent to this report, the Centre for Policy Alternatives (CPA) and other civil society organisations working to strengthen human rights protection in our country have had a number of inquiries from the media, seeking to ascertain as to whether any of us either individually or collectively made such a request.  We have informed the media that no such communication was initiated with the Human Rights Commission by us or indeed by the Commission,” Sudarshana Gunawardana, Attorney-at-Law and Executive Director of the Rights Now Collective for Democracy said in his letter to the Chairman.

The Collective has also asked the HRCSL Chairman to publish the names of those organisations that made the request in the media without delay.

The letter from the Collective has been copied to the Commonwealth Human Rights Unit.

The Rights Now Collective for Democracy has issued the letter to the HRCSL Chairman on behalf of 15 civil society organisations and civil society representatives: The Centre for Policy Alternatives (CPA), Dr. Nimalka Fernando, Chairperson, IMADR-Asia,   J. C. Weliamuna, Attorney-at-Law, Convener, Lawyers for Democracy,  Mala Liyanage, Executive Director, Law and Society Trust (LST),  Ruki Fernando, INFORM Human Rights Documentation Centre, Rathika Innasimuttu, The Social Architechts (TSA),  Britto Fernando, President, Families of the Disappeared (FoD), Shreen Saroor, Women’s Action Network (WAN),  Philip Dissanayake, Executive Secretary, Right to Life Human Rights Centre,  Kusal Perera (Citizen’s Rights),  Muhammad Muzzammil Cader, Non-Violent Peoples Movement,  Ainslie Joseph, Convener, Christian Alliance for Social Action, Ferddy Gamage, Coordinator, Centre for Policy Dialogue, Herman Kumara, Convener, National Fisheries Solidarity Movement (NAFSO) and Padmini Weerasooriya, Mothers and Daughters of Lanka

The following is the full text of the letter:

Dear Sir,

I write with reference to a report in the Sunday Leader newspaper of the 8th of December 2103 regarding the proposed commission on Torture to be established under the aegis of the Sri Lanka Human Rights Commission.  The report states that the establishment of such a commission is to be postponed. In particular, it states that:

“This decision was taken by the Sri Lanka Human Rights Commission, together with the Commonwealth Secretariat Human Rights Unit, responding to a request made by several civil society organisations who had sought a postponement of the investigations,” sources said.

Subsequent to this report, the Centre for Policy Alternatives (CPA) and other civil society organisations working to strengthen human rights protection in our country have had a number of inquiries from the media, seeking to ascertain as to whether any of us either individually or collectively made such a request.  We have informed the media that no such communication was initiated with the Human Rights Commission by us or indeed by the Commission.

Given the importance of the issue and the misunderstanding created in the media and accordingly in the general public, we write to ascertain from you the veracity of this report and if confirmed, the names of the organisations which made such a request.  Further, we request you in the public interest to publish the names of the organisations in the media without delay.

In the public interest, we will be copying this letter to the Commonwealth Secretariat Human Rights Unit and releasing this letter to the media.

Thank you for your cooperation

Await your response

On behalf of the below mentioned civil society organizations

Yours sincerely,

‘Latimar House principles a necessity, beneficial to Lanka

By Shamindra Ferdinando-December 12, 2013, 

UNP MP Wijeyadasa Rajapakshe yesterday claimed that some UPFA ministers didn’t know what was good for the country as well as the government.

President’s Counsel Rajapakshe said that he was dismayed by the UPFA’s opposition to his motion seeking consensus on the removal of judges, of the Supreme Court and Court of Appeal, in accordance with the Latimar House Principles already adopted by several leading members of the Commonwealth.

Those vociferously opposed to Latimar House principles seemed to have forgotten now that Sri Lanka had taken over the Commonwealth leadership, the government couldn’t shun them, the UNPer said.

Asked whether he was trying to cause political turmoil, Rajapakshe said that the government should have acted swiftly and decisively to introduce Latimar House principles on its own. Recollecting the circumstances under which the Chief Justice Dr. Shirani Bandaranayake was impeached, Rajapakshe said that the government could have earned the respect of the international community by introducing Latimar House principles.

Rajapakshe said: "My move was meant to prevent political interference in the judiciary. The removal of Dr. Bandaranayake under controversial circumstances underscored the necessity to take corrective measures. In the backdrop of Sri Lanka taking over the leadership of the Commonwealth there cannot be any ambiguity with regard to Latimar House principles."

The former President of the Bar Association of Sri Lanka (BASL) said that adoption of Latimar House principles would send a positive message to the United Nations Human Rights Council (UNHRC) ahead of its next session in March, 2014.

"The Principles provide an effective framework for the implementation of the Commonwealth’s fundamental values of democracy, good governance, human rights and the rule of law", the MP said.

Rajapakshe said that the Latimar House Principles envisaged the appointment of a three-member panel consisting of three judges representing Superior Courts of the Commonwealth, other than the country where the move to impeach the CJ was made, to examine the allegations.

The UNPer said that in case allegations were brought against other judges or the President of Court of Appeal, a panel consisting of three sitting or retired judges of the Supreme Court would have to be appointed to go into the issue.

As the appointment of the panel was subject to consensus among the Speaker and Prime Minister representing the ruling party of any Commonwealth nation and the leader of the Opposition, the UPFA need not worry about political instability in the wake of Latimar House principles, he said.

Rajapakshe expressed the belief that the adoption of Latimar House principles would ease international pressure directed at the government over accountability issues.

Rajapakshe switched his allegiance to the UNP several years ago over differences with the SLFP leadership as regards good governance.

Recalling his efforts to arrange for Gen. Sarath Fonseka’s release from Welikada, Rajapakshe said that the eventual freedom for one-time army commander eased international pressure, hence helped the government to improve its image. Adoption of Latimar House principles would be beneficial to the government struggling on the diplomatic front.

Rajapakshe said that he would press for reforms and take up the issue with the Commonwealth Secretariat.

The Southern Polity: The JVP And The SLFP

By Rajan Hoole -December 13, 2013

Rajan Hoole

The Indo-Lanka Accord and Sri Lanka’s Fault Lines: July 1987 – Part – 4

The UNP Government had handled the opposition with such cavalier disdain from 1977 that the SLFP and JVP were impatient to get at the UNP with any weapon that came to hand. They were quick to harp on the Indo-Lanka Accord as a gross betrayal of Sri Lankan sovereignty by the UNP Government. But this was again a purely opportunistic position. In its first statement following the violence of July 1983 the SLFP Central Committee had ‘appreciated the offer of assistance by the Indian Prime Minister’. In a document written by JVP leader Wijeweera titled ‘Our Solutions to Eelamism’ and widely circulated in early 1986, he had said, “The demand for Eelam could not be resolved except through the help of the Indian [Government]” (Thalakolawewe Chandrarathne, CDN 14.11.89). Until 1987 the JVP had been soft on India and had instead accused the Government of being subservient to American imperialism. But from late 1986 when it became evident that the Jayewardene Government was moving towards resolving the ethnic issue through a system of devolution of power with Indian help, the situation changed. The SLFP, JVP and the MEP led by Dinesh Gunawardene (son of Philip Gunawardene) smelt blood and came together in a purely opportunistic alliance.

On 28th July, the protesters against the Accord assembled at the Pettah Bo Tree junction, a focal point of the July 1983 violence. They included Mrs. Bandaranaike, Anura Bandaranaike and several other SLFP stalwarts along with Buddhist monks affiliated to the three parties mentioned. The latter included Ven. Sobitha and Ven. Ananda. The mood became violent as some of the monks called for a ‘fast unto death’ and for lives to be sacrificed in the course of the protest. Rioting broke out in Colombo which, this time, the Police and the Army suppressed effectively.

A police officer on duty gave an example of how the JVP used the cover provided by the SLFP and the Buddhist monks to provoke the Police into a general backlash against civilians and for other purposes. SSP M. Serpanchy, known to be a conscientious officer, was in charge of a police party in the Fort area. He was said to be a disciplinarian who did the mandatory night rounds prescribed for his rank, while many others did only on paper.                                                                     Read More

*From Rajan Hoole‘s “Sri Lanka: Arrogance of Power  - Myth, Decadence and Murder”. Thanks to Rajan for giving us permission to republish. To read earlier parts click here

GHOSTS OF SRI LANKA’S WAR

Amantha Perera files a ground report on the hardships of communities in the north

Date : 1 December 2013

Its early morning in Mankulam, and I’m driving along the A9 – the road is paved, in marked contrast to the giant potholes that dotted the track a decade ago. It looks more like one of those new highways that have come up elsewhere in the country. This one is not as busy, but drivers need to be mindful of cyclists and cattle straying onto the road. I am here to cover the provincial council polls, as are many other journos. The ‘parachutes’ have landed from New Delhi and elsewhere. And almost all of them are converging on Jaffna.

GHOSTS OF SRI LANKA’S WAR by nelvely

Bangui Genocide nipped in the bud

BY GWYNNE DYER-Friday, December 13, 2013

The Central African Republic (CAR) is one of the poorest and most inaccessible countries in the world. It’s the size of France, but it only has four and a half million people.

 It is a serious contender for the title of Worst Governed Country in Africa, and it is now teetering on the brink of a genocide. Something has to be done, and only France was able and willing to do it.

France moves fast. There are already 600 French troops in the capital, Bangui, and another thousand will be moving out into country areas by the end of the week.

 (There are already 2,500 African peace-keeping troops in the CAR, but they lack transport and don’t have orders to shoot.) It has all happened so fast that France hasn’t even decided yet if it supports the man who currently claims to be the president of the CAR.

Asked last Saturday if Michel Djotodia, who seized power last March, should stay as “interim president”, French Foreign Minister Laurent Fabius said: “I don’t think we need (to create) more difficulties by adding the departure of the president.”

On Sunday, however, President Francois Hollande said exactly the opposite: “We cannot leave in place a president who was not able to do anything, or even worse, has let (some very bad) things happen.” Fabius and Hollande may simply not have had time yet to talk to each other about Djotodia’s future – and besides, it doesn’t much matter: he controls virtually nothing.

 The CAR has had eight coups since it got its independence from France in 1960, and got eight bad leaders out of it.

The worst was Jean-Bedel Bokassa, who proclaimed himself emperor of the “Central African Empire” and used his “Imperial Guard” to murder people, including schoolchildren, who defied his rule, but even he had little impact on life outside Bangui, the capital.

 The vast majority of people in the CAR are herdsmen or subsistence farmers who have little or no contact with the institutions of the state: the coup leaders and “presidents” came and went almost unnoticed. Until this time, because Michel Djotodia is the first Muslim president in a mostly Christian country, and he was brought to power by Muslim fighters many of whom don’t even come from the CAR.

 Djotodia has been trying to seize the presidency for eight years. Coming from the Muslim northeast of the country, he recruited some fighters from that area – but up to 80 percent of the soldiers in his Seleka (alliance) militia were Muslim mercenaries whom he hired from Chad and Sudan.

Except that he didn’t actually have the money to pay them; he just tacitly offered them the chance to loot if they won.

So when he ordered Seleka to disband last March, having fought his way into power in Bangui, they did nothing of the sort. They hadn’t come all this way just to steal a few things and go home again.

Like Djotodia, the mercenaries are in the game to get rich, but while he can now do his thieving from the presidential palace, they still have to do it in the traditional way.

 So the majority of Seleka’s fighters have broken up into bands of marauders who plunder, rape and burn their way around the country.

Many of the country’s villages now lie abandoned, while their former inhabitants hide from the bandits in the fields or the woods.

Tens of thousands may have already died in the more remote parts of the CAR, and at least four hundred were killed right in Bangui last week. Worse may follow: there is now a serious risk of genocide.

 The Christian majority and the Muslim minority in the CAR have generally lived alongside each other in peace. However, the ex-Seleka mercenaries, being Muslims, tend to spare Muslim communities and target Christian ones. In self-defence, the Christians have begun banding together in vigilante groups – and there are a lot more Christians than Muslims.

Inevitably, they suspect the local Muslims of helping the ex-Seleka killers, so they are starting to see them as enemies as well.

In the circumstances of extreme deprivation and fear that now prevail in country areas – at least a million people are living in severe hunger or actual famine – this could quickly slide into a genocidal level of killing.

 That’s why France moved so fast. It got the approval of the United Nations Security Council and the African Union for the intervention last Thursday, and by Saturday it had troops on the ground in Bangui. Djotodia, who could not be found last week, has also belatedly endorsed the intervention.

 The need for speed is still paramount, and French Defence Minister Jean-Yves le Drian said that the job of disarming the ex-Seleka fighters got underway on Monday: “First we'll ask nicely and if they don't react, we'll do it by force.”

 This is the second time this year that French troops have been sent in to stop an African state from collapsing into slaughter and anarchy.

(The French intervention in Mali in January saved that country from conquest by jihadis.) It is deeply embarrassing for the African Union to admit that its own peace-keeping force cannot do the job in time, but it hasn’t let its pride get in the way of preventing a genocide in the CAR.

- See more at: http://www.the-star.co.ke/news/article-147181/bangui-genocide-nipped-bud#sthash.8vflc6CV.dpuf

Apprehensions Of Indian Elections

By Kumar David -December 13, 2013

Prof Kumar David

The consensus here, as in India, is that Congress will be defeated in the general elections due in about April next year, that the BJP will win, and that Nardendra Modi will be prime minister. The last named is a dreaded prospect because of his reputation as a Hindu extremist and the Chief Minister who preferred not to stop the slaughter of thousands of Muslims in Gujarat. There are several in Lanka who are apprehensive of the possibility of a BJP-Modi Administration; Sinhalese and the Rajapakse Government, Tamils and the TNA, and of course Muslims. Interestingly it seems to me it is the local Muslims, unlike their Indian counterparts perhaps, who are least upset.

State elections, especially the outcome in Delhi and Rajasthan, feature the writing on the wall in big bold letters. For India, the consequences will be more far reaching than just the defeat of Congress and the end of Manhohan Singh’s career; it may terminate the Sonia monarchy and see Rahul’s futile foray into politics drowned in misery. I will say no more of the view from across the Palk Strait; Indian readers will have better judgements.

The Rajapakse Government is hopeful, wrongly in my judgement, that replacement of Congress by the BJP and Singh by Modi will ease pressure on Colombo. This is imprudent Sinhalese mass perception; those on the inside of government, especially Foreign Minister and President, know that Delhi under Congress was a reliable friend during the war without whose discreet but vital assistance the LTTE would have been more difficult to sink. Sink! No, I am referring to more than armament shipments, but also to logistics and diplomatic support. Colombo’s hope may be that in the period ahead, Delhi under Modi will not join in tightening the international noose around Colombo’s neck in the human rights scene. The opposite may be the case if Jayalalitha sits in a BJP-lead cabinet; even otherwise it is unlikely that investment hungry, market besotted Modi will defy the West for the sake of . . . for the sake of what? Hence the Lankan regime’s uncertainty and apprehension is understandable and for sure it is shifting its bets around with much agitation.

The Tamils and the TNA are no doubt also shifting their bets in confusion. If the BJP wins, their hopes are pinned on Jayalalitha and her AIADMK. She may have a cabinet seat, perhaps one that can influence policy orientation to Lanka. Even otherwise, if the BJP fails to secure an absolute majority, the AIADMK may be an indispensable partner in a coalition. Northern Province Chief Minister Wigneswaran should kick himself for his stupidity shooting his mouth off in September criticising Jayalalitha and Tamil Nadu for “sticking their fingers into Lankan Tamil concerns”. The TNA should give him a dressing down and arrange classes to explain that politics, unlike a judicial posting, is multifaceted and complex. Don’t get me wrong, I wish Vigneswaran and his Administration the best, but early blunders must be firmly nipped in the bud.Read More

"Constructing a development based strategy for durable solutions for internally displaced persons (IDPs) in Sri Lanka in the aftermath of conflict is now essential," UN rights expert says.

COLOMBO/GENEVA, 11 December 2013: "After having made impressive strides in rebuilding infrastructure destroyed during the conflict, post conflict reconstruction in Sri Lanka should also focus on addressing durable solutions for all IDPs and those who have returned to their areas of origin on a comprehensive basis," the United Nations Special Rapporteur on the human rights of IDPs, Chaloka Beyani, said at the end of his visit to Sri Lanka from 2 to 6 December 2013.
The IASC Framework on Durable Solutions for IDPs, which was discussed with the Sri Lankan Government in 2008, is more relevant than ever to address the durable solutions needs of IDPs in conditions of safety and dignity. It is important to set out a cohesive policy brief with benchmarks to bring real closure to the issue of internal displacement in Sri Lanka. "It is essential to ensure that the durable solutions process is done voluntarily, with the informed consent and participation of IDPs, with all durable solutions, that is return, local integration or settlement elsewhere in the country as available options," stressed Mr. Beyani. Meaningful consultation and participation of IDPs in shaping solutions to their displacement are essential to guarantee the durability and legitimacy of solutions. The follow-up action plan to the Lessons Learned Reconciliation Commission (LLRC) and recommendations formulated in the Human Rights Action Plan provide valuable guidance as well.
In the context of transition from relief to development in the aftermath of conflict, when many humanitarian agencies and donors are scaling back their activities, it is essential for the Government and development actors to engage in resolving the issue of IDPs, and to address their durable solutions needs and livelihoods in development plans, rule of law, human rights, and good governance programmes.
Government efforts together with humanitarian partners supported the return or settlement in the North and East of the country of over 450,000 IDPs displaced during the conflict. In a period of four years after the end of the conflict in 2009, the Government has made great progress in fostering economic development and building infrastructure, including in those areas the country which bore the brunt of the armed conflict. Demining in return areas, the rebuilding of roads, bridges, schools, hospitals and houses, as well as the release of some land to their original owners allowed many IDPs to return and go back to their traditional livelihood of farming and fishing.
However, a significant number of IDPs still live in protracted displacement, and tens of thousands others who have returned or have been settled elsewhere in the North live in very precarious conditions and need more durable housing, access to social services, and the creation of livelihood opportunities. Of equal importance is an environment allowing the resettled and remaining IDPs to exercise their property rights, receive information on missing family members and access legal services. While former fighters have been formally demobilized and rehabilitated, they continue to face difficulties in terms of durable solutions as monitoring and control measures by security forces limit their ability to find employment.
"I welcome the agreement to conduct a Joint Needs Assessment (JNA) which will be vital for establishing jointly agreed sets of statistical data on the number of IDPs that have returned or been resettled. There is a need to expediently complete this exercise to establish how many people are still displaced, and also how many still do not have access to their land of origin. It is essential to have data, disaggregated by gender and age, on internal displacement, for adequate planning, as well as a survey of intent in regard to durable solutions," noted Mr Beyani.
Key issues to address include protection of the physical integrity and bodily autonomy of women and girls and their reproductive rights, of children, feasible access to land, and a proportionate balance between justifiable military concerns of national security and freedom of movement and choice of place for IDPs seeking to return to their original places of residence. Transparent information on plans to release land currently under military control and withdrawal of the military from all civilian functions would help to find durable solutions for people in conflict-affected areas. While significant numbers of IDPs secured their residential plots of land, some still need access to their original farmland or fishing areas to sustain their livelihood. Displaced and resettled communities seem to remain vulnerable to recurrent shocks. Their situation is exacerbated by growing food-insecurity and indebtedness in the Northern Province, partly due to the lack of sustainable livelihood opportunities. "The situation of single female headed households and of orphan girls is particularly preoccupying. While some received assistance to rebuild their houses, others live in extreme poverty, without adequate access to services and livelihood," added Mr Beyani.
"Another critical element is creating conditions for IDPs and returnees to get back to normalcy after 30 years of conflict. Peace- building alongside post conflict reconstruction, national reconciliation and healing, making available information on missing relatives, empowering local elected authorities, and ensuring that law enforcement activities are carried out by specially trained police services, are particularly vital to anchoring durable solutions in the long term," said Mr. Beyani. “Similarly, civil society should be allowed to operate in accordance with international norms, namely without undue restrictions and interference from the authorities including in terms of monitoring and reporting.
During his visit, the Special Rapporteur met with representatives of the Government of Sri Lanka in Colombo, Jaffna and Mullaitivu; UN humanitarian agencies; NGOs as well as development partners. The Special Rapporteur extends his appreciation to the Government for having invited him to visit the country, for their cooperation, assistance, and hospitality. He also thanks the UN Country Team, including UNHCR who have kindly facilitated this mission. He is deeply grateful to the IDPs and returnees, and civil society organizations who shared their insights with him.

**********

Chaloka Beyani, professor of international law at the London School of Economics, was appointed Special Rapporteur on the Human Rights of Internally Displaced Persons by the Human Rights Council in September 2010. As Special Rapporteur he is independent from any government or organization and serves in his individual capacity.
Learn more, visit: http://www.ohchr.org/EN/Issues/IDPersons/Pages/IDPersonsIndex.aspx
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Trade Unions steal the limelight at National Integrity Award

 Friday, 13 December 2013 

A senior trade union leader and an influential trade union gained recognition at this year's presentation of the National Integrity Award (NIA) of Transparency International Sri Lanka (TISL). Both won Special Mentions. The union leader was Saman Ratnapriya and the union was the Rakshana Sewaka Sangamaya of the Sri Lanka Insurance Corporation.

They received the awards from the world renowned Justice C.G.Weeramantry at the presentation ceremony held at the BMICH on 9 December – UN Anti-Corruption Day. A full house in Committee Room B, including politicians, diplomats and professionals watched the presentation.

The two Special Mention winners exemplify in every way their courage and he determination exposing corruption at great personal risk.

This was the tenth successive year that the NIA presentation was held. Since its launched in 2004, awards were won by journalists, union activists, government officials and civil society leader who had, all fought against corruption.

Saman Ratnapriya is an active trade unionist and is the president of the 'Rajaye Heda Sangamaya' and the Health Services Trade Union Coalition. He has been unearthing corrupt activities and malpractices in the Health Sector as well as others. He started his trade union activities in 1969 and formed the Health Services TU Coalition in 2003.

Over the years he has exposed corruption in the purchase of drugs without proper tender procedures, use of drugs with foreign matter, low quality drugs and other malpractices.

For the first time, an Advisory Committee has been appointed in the Health Ministry following representations by the TU Coalition led by Ratnapriya. The Coalition also succeeded in getting the Director General of Health Services removed in 2010 after the constant exposure of large scale frauds on the import of drugs. Ratnapriya took the lead role in this campaign.

He has also exposed malpractices in the CEB, Petroleum Corporation and Gem & Jewelry Training Institute. He was responsible in getting the court order for the suspension of milk foods with dangerous chemicals.

In 2002, Rakshana Sewaka Sangamaya (RSS) was one of ten trade unions in the Sri Lanka Insurance Corporation ion functioning as a small union with just 39 members (1%). Most unions existed only in name due to the stern anti-union attitude of the management at the time. Though the unions went underground, some were acting secretly against corruption and mismanagement.

While the major unions were inactive, RSS was bold enough to expose and demand a change in the management. Since they could not function within the Corporation premises, they moved out and operated in a small office forming a wide network throughout the island and exposing the Corporation's malpractices through the media. They also took steps to keep the President and high officials informed of the malpractices.

The union highlighted the fact that although the estimated value of the Corporation was in the region of Rs 60,000 million, it had been sold for 10,500 million.

Judicial action was also instituted to change the management of the Corporation, Member of Parliament, Vasudeva Nanayakkara too moved a petition in the Supreme Court.

While this action resulted in a victory for those who agitated for a change in management, RSS continued its campaign against corruption and mismanagement in the Corporation under the new management too. This has resulted in the union being sidetracked by the present management. It is not being recognized and has not been given space for an office. However, RSS continues its struggle.

President Mahinda Will Learn From Mandela

By Rajiva Wijesinha - December 13, 2013 

Prof. Rajiva Wijesinha MP

The Liberal Party of Sri Lanka is deeply grieved at the death of PresidentNelson Mandela of South Africa. He was a beacon of civilization in the 20^thcentury. Without his idealism and his inclusive vision, South Africa would not have been able so swiftly to escape the shackles of apartheid and the resentment to which naturally such a loathsome political dispensation gave rise.

Nelson Mandela suffered grievously for his commitment to freedom, a freedom that was denied to the native people of South Africa for many years under colonialism, and then under an ostensibly independent country in which the vast majority of the population were still enchained. The monstrosity of that regime is difficult now to comprehend, but the manner in which it was supported by many countries that claimed to uphold freedom is a blot that the rest of the world will find difficult to forget.

It is a mark of Nelson Mandela’s wisdom and humanity that he ensured that the monstrosities that occurred, and their defence by those who pretended to know better, were forgiven. When the apartheid government realized that reforms were essential, they were lucky to find a reliable partner with whom to negotiate. Both the then ruling party, and the African National Congress, which had suffered so grievously, were mature enough to entrust negotiations to individuals of stature, and they achieved a result that must be the envy of all countries that have experienced conflict.

While clearly South Africa has further to go to redress the balance that was perverted for so long, the inclusivity of its constitution and the manner in which old enemies have worked together in many official positions should serve as a lesson to the world, and in particular to this country that has also been prey to divisions. There are of course differences in that the perpetrators of abuse were willing to negotiate, and benefit from the generosity of Mr Mandela and those in the ANC who followed his lead. In Sri Lanka we had to face terrorists who were intransigent. But that is all the more reason for generosity after we overcame them.

In this regard Sri Lanka would do well to respond positively to the suggestion made by the current South African President regarding the establishment of a Truth and Reconciliation Commission. We are aware that South Africa has, with total commitment to the sovereignty of this country, been endeavouring to promote reconciliation, and it is a pity that we have failed to take advantage of its goodwill. We must recognize that, while the LTTE moved into ruthless violence with indiscriminate attacks on civilian targets, which was never the case with the ANC, there were those who, in their defence of the apartheid regime, characterized the ANC too as terrorists. Understanding as we do the resentments of those who suffered under apartheid, we must recognize that, while there was no such institutionalization of discrimination in this country, some majoritarian decisions created resentments that need to be overcome, and they cannot be ignored if reconciliation is to be received.

The late C R de Silva provided a great opportunity for the Sri Lankan state to move towards Reconciliation through the report of the Lessons Learnt and Reconciliation Commission. It is a pity that, despite the commitment of the President and the Cabinet, we have not moved swiftly to implement the recommendations of that Commission. The Liberal Party had hoped that, if only in appreciation of what C R de Silva tried, the government would have devoted more energy and attention to what he proposed.

Now that the death of Nelson Mandela reminds us too of his record, we hope government will at least now pay greater attention to the advice of his successor and move towards a similar inclusive solution to our difficulties. His Excellency the President will be travelling to South Africa, and while expression of condolences at this sad moment is his principal reason for travelling, it is to be hoped that he will also take this opportunity to understand better and take forward the spiritual legacy of Nelson Mandela.

* Statement of the Liberal Party of Sri Lanka on the death of Nelson Mandela

Sri Lanka steps up pressure on Indian poachers: 141 ‘netted’ with 23 trawlers…alleges some trawlers moving too close to land

 

By Shamindra Ferdinando-December 12, 2013, 12:00 pm

Sri Lanka is stepping up pressure on Indian fishing fleet poaching in local waters with operations both in the northern as well as eastern seas.

"We are trying to discourage them from crossing the Indo-Lanka maritime boundary, especially in the wake of an upsurge in poaching," a senior security official told The Island.

On the first day of the operation, the Sri Lanka Navy took 23 trawlers into its custody along with 141 fishermen in northern and eastern waters. Out of the total, the SLN netted 15 trawlers and 111 fishermen north-east of Trincomalee in the early hours of Wednesday. They were detected close to the land between Mullaitivu and Kokilai.

"We took the rest five nautical miles east of Analativu Island in the night. They were brought to Kankesanturai harbour and handed over to fisheries authorities," the official said. The night operation involved three Fast Attack Craft (FACs),  one gun boat as well as one Coast Guard vessel.

Authoritative sources told The Island that legal action would be taken against those arrested while poaching in Lankan waters. Sources alleged that the Indian fishing fleet had deprived the northern fishermen of their livelihood; hence a sustained naval operation was needed to curb poaching.

Responding to a query, sources emphasized that India had the wherewithal to easily prevent them from crossing the maritime boundary. They alleged that Indian security authorities as well as fisheries officials were turning a blind eye to what was happening as the trawlers belonged to influential persons. The operation would continue regardless of ongoing protests in Tamil Nadu.

Fisheries Minister Rajitha Senaratne said that the Tamil Nadu administration should take tangible measures to halt illegal fishing in Sri Lankan waters.