Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Monday, January 13, 2014

What and how should central banks talk?


January 13, 2014 
Impact is the criterion to evaluate a public policy action
Public authorities normally tend to communicate their accomplishments by reporting to the public the number of actions, known as outputs produced, they have taken during a given period. For instance, a municipality may report the number of trees it may have planted along a street without bothering to count the number that is still growing after one year.

Sir Mervyn King Envisions A World Without Money: Is It A Possibility?


By Hema Senanayake - January 13, 2014
Hema Senanayake
Hema Senanayake
Colombo Telegraph“Great minds discuss ideas, average minds discuss events and weak minds discuss people.” This is a quote attributed to both Eleanor Roosevelt and Socrates. Some observers do not agree with it and they say that everyone discusses everything at one point or another. But some people observe that everyone discusses all those things at some point, but the saying is clearly referring, to the proclivities of said minds or in other words it explains a tendency to do something regularly by those minds.
Whatever the case is, we just cannot ignore when an idea is expressed by Sir Mervyn King who retired in 2013 as the Governor of the Bank of England. He had been the Governor of the Bank of England from 2003 to 2013 and before 2003 he had been the Deputy Governor of the Bank from 1998 to 2003. Therefore, his expertise in the area of central banking and money, it seems, is unquestionable.
His new idea is that he has envisioned a world without money. One of his recent quotes in regard to this idea has been posted in a website call “Beyond Money.” He is obsessed with this idea for quite a long time. In 1999 he said that, “Societies have managed without central banks and their monopoly of the supply of money in the past, and may well do so again in the future.” This idea was briefly discussed in the book titled “The Nature of Money” published in 2004 and the book was written by Professor Ingham who has been attached to the Cambridge University for over 40 years. In the middle of 2013, another economist published a whole new book on this subject titled “The End of Money.” So, it seems that King’s idea is being increasingly discussed at least in academia.
I thought that this discussion is intelligible to CT readers. I think they will find it interesting. Other than that they will also find the true role of money in the economic system in this discussion.
Before Mervyn King, a few centuries ago the economist David Ricardo had envisioned an advanced economic system without money. As a result this question it seems was discussed by Karl Marx making a strong argument against Ricardo. In early 1930s Soviet regime has had experimented a socialist economy without money and it failed within a few years. Leon Trotsky wrote briefly but enlighteningly of the Soviet regime’s bad experiment. In this context, King’s idea virtually is not new but his vision has an extra dimension which dimension being the computing power of new generations of computers.Read More                                          

Torture: a common part of Sri Lankan police interrogations


Critics decry brutal, corrupt criminal justice system
Chaminda Priyantha Kumara, 32, was tortured over a period of two days at Kalutara South Police Station
<p>Chaminda Priyantha Kumara, 32, was tortured over a period of two days at Kalutara South Police Station</p>

  • January 13, 2014
Chaminda Priyantha Kumara, a 32-year-old amputee, was about to begin a 130 km journey to deliver heart medication to his wife when he was surrounded by men at a bus stop in Kalutara, accused of theft, attacked and then arrested by police.

Media pass invalid to enter Welisara ground 

Media pass invalid to enter Welisara ground
 January 12, 2014 

Ceylon Today’s rugby correspondent Jatila Karawita and the photographer assigned to cover this key rugby clash between Navy SC and Havelock SC was not allowed to enter the ground with the pass provided by the SLRFU to all media personnel.

The reporter was told by the Navy officers on duty at the entrance at the Welisara base that he could enter after purchasing a ticket. The correspondent then purchased a ticket for Rs. 500 to report the game which generates much interest among the rugby fans of this country.

The Naval officer at the gate had told that the official media pass allocated for media personnel by the official sponsor of the inter-club rugby tournament (Dialog) was ‘totally invalid’ and that they had been informed by their superiors not to allow any person to enter even if they are from the media.

However, the Ceylon Today correspondent made certain that the match was covered on behalf of the public interest but no photographs were taken as the photographers were not allowed to take pictures of the interesting proceedings.

Living in glass house, Hemantha hurls stones at Mangala!

hemantha mangalaWhen the man arrested and remanded for allegedly having stolen a laptop and several liquor bottles from the home of UNP Matara district MP Mangala Samaraweera was produced before courts today (13), the suspect’s lawyer, president’s counsel Hemantha Waranakulasuriya, said the laptop in question had been gifted to his client, with whom the parliamentarian had been having a close sexual relationship.

The lawyer also said his client has been under arrest on false accusations, adding that MP Samaraweera had told him to pawn the laptop when he was short of cash.

Considering the submissions, Panadura magistrate Ruchira Weliwatte ordered the suspect be released on two sureties of Rs. 25,000 each and a Rs. 5,000 cash bail.

The wife of the suspect submitted a sworn affidavit to the court today, claiming a close connection between his husband and MP Samaraweera.

The magistrate ordered Keselwatte police to investigate the claims in the affidavit.

Lawyer Warnakulasuriya said if Keselwatte police do not properly investigate the case and the affidavit, a complaint will be lodged with the CID.

Lawyer Warnakulasuriya, a loyalist of the Rajapaksa regime, is a one-time Sri Lankan ambassador in Italy and the father-in-law of Matara district UNP MP Buddhika Pathirana.

Meanwhile, a top figure in the government has told pro-government private media to give wide publicity to lawyer Warnakulasuriya’s remarks and to the affidavit submitted by the suspect’s wife.

The case will be taken up again on January 27.

A moderate personality, commenting on Hemantha Warnakulasuriya’s conduct, told us that the lawyer should practise what he preaches.

BANGLADESH: Attacks on non-Muslims must stop now, forever

AHRC LogoJanuary 13, 2014
Shame shadows Bangladesh again. Numerous attacks have been waged on the Hindu community across Bangladesh in the wake of the January 5th general 'election'. Houses and business establishments owned by Hindus have been targeted. Other ethnic and non-Muslim communities have also been attacked. Temples and religious sites have not been spared. Few hundred Hindu families have lost their property and savings in acts of vandalism, loot, and arson. Numerous women and children from minority communities, have fled their homes, and are in hiding in fear of further attacks. Their homes destroyed, some sleep under the open sky in the cold air of winter nights. Neither the state nor humanitarian organizations have responded with adequate food and shelter for the victims.
Thousands of Joint Forces troops, comprising the police, Rapid Action Battalion, and Border Guards, have remained deployed for tightening 'election period' security. The Bangladesh Army has also been on the street to 'aid' the government since December 2013. All these swarming forces have failed to prevent the attacks and protect the minority population.
This is, of course, not the first such series of attacks; it is only the latest instance in a litany of shameful attacks on the dwindling minority population of Bangladesh. Attacking minorities has become an election tradition in the country. Whether real or fake, rigged or boycotted, no election appears to be complete without literal minority bashing. It is time Bangla literature updates its historical reference to there being only 6 seasons in the land. The election period is now akin to a separate season in itself, one in which vandalism, loot, arson, and attack on minority establishments is a key feature.
How long can the non-Muslim communities sustain such barbarity?
Targeting of non-Muslims for political gains is done by both parties that win and parties that lose elections. Of course, many Muslims also fall victim to the seasonal violence of elections; at least five lives have been lost in post election violence this year, not to mention over a hundred killed in the lead-up to the election. Apart from political gains, such attacks, orchestrated by powerful people, linked to the ruling or opposition parties, are often undertaken for grabbing land and assets. The attacks on Hindus, in particular, also open undue opportunities to politicians beyond borders, for earning 'extra' benefits, again, at the cost of the dignity and interests of the people of Bangladesh.
Following this latest rounds of attacks on minorities, the government has hurled accusations on opposition political parties. The pro-government media and civil society has echoed the story of the attacks having been undertaken by the opposition. The police, virtually across the country, have registered complaints maintaining the position of the pro-ruling party, holding the opposition responsible. The chief opposition party, theBangladesh Nationalist Party (BNP), and its ally, Bangladesh Jamaat-E-Islami (BJI), have, in turn, blamed the ruling party, the Bangladesh Awami League (BAL), for the attacks.
The Asian Human Rights Commission (AHRC) has had the opportunity to enquire after the well-being of victims in Chapatala village, Avoynagar, in Jessore district. The victims' version of events contradicts the government's take. Residents of Chapatala state the following:
They say Mr. Ranjit Kumar Roy, a ruling party candidate, a Hindu, won the election. Cadres of the defeated candidate, Mr. Abdul Wahab – who was a leader of the Bangladesh Awami League until he was denied a ticket by the party this election – led the attacks. Supporters of few other political parties, those with links to the attack leaders, and local 'petty criminals', thieves and muggers, jointly committed the crimes. Around seventy lower caste Hindu families lost most of their assets as a result. Their houses and shops have been looted, belongings burnt.
It must be noted that Abdul Wahab also happens to be a Whip in the yet to be dissolved 9th Parliament. On December 28, 2013, Wahab held an election campaign meeting at Sundali Primary School ground adjacent to Chapatala village. In that meeting Wahab allegedly threatened Hindu families with dire consequences if he were to lose the election to his Hindu counterpart. The Hindu inhabitants of Chapatala village did not imagine that the victory of Mr. Ranjeet Kumar Roy would cause them so much misery. The case of Chapatala makes it clear that politicians of all hues are behind such dastardly violence.
The AHRC has learned that local administrations in some districts have provided relief and remuneration to some victims. While adequate relief is essential, and must cover all the affected, what is really required is 'justice' for the victims. To ensure justice, the institution of a judicial probe commission is the need of the hour, to investigate and prosecute perpetrators regardless of their political or religious identity. However, if history is any indicator, AHRC is well aware that even if such a commission were to be instituted, something highly unlikely, the incumbent regime would only go so far as to abuse it. Such criminal investigations surrounding the communal attacks will only likely end up as another tool for those in power to further corner political opposition.
The AHRC notes the statement of Mr. Subrata Chowdhury, President of Bangladesh Hindu Buddha Christian Oikkya Parishad and a Supreme Court lawyer. BBC Bangla Service news has recorded him stating that "now, it has been accused that Jamaat-Shibir committed the attacks. It is made to be a slogan. In reality, it has been seen that it is not the Jamaat-Shibir who have attacked in all the cases. We have found that in many places the Awami Leaguers are involved too. If Jamaat-Shibir have committed these, then why the government is not bring them to the book and why actions are not being taken against the public officials for failing to prevent such incidents?" Mr. Chowdhury asked.
The realities are truly unfortunate, as Bangladesh has a long and commendable history of communal harmony, unlike neighbouring nations. The people, regardless of their religious background, fought for the country's independence in 1971. Together, they sacrificed lives on the battle field. If any roadside tea-stall plays a song such as "Mora Ekti Fulkey Bachabo Boley Juddho Kori" [We struggle for protecting each and every flower], any Buddhist, Christian, Hindu, Muslim, and ethnic community member will sing along in chorus. Ordinary citizens of Bangladesh have deep bonds beyond their communal identities. It is, however, the shamelessly dirty politics atop the nation, and the unforgivable failure of the civil and police administration to prevent attacks on non-Muslims, that has butchered the people's history.
The people must unite again to prevent the politics of communal violence. It is not merely a loss for the minorities, in terms of their houses, businesses, and valuables. Trust and respect in society, which money cannot buy, is lost in such attacks. The social fabric of Bangladesh is rent asunder. The country's image and, in particular, that of the Muslim majoritarian community is besmirched internationally. The historic fraternity of the people must resurface, stronger, to sideline those paralyzed by greed. The parties that fail to end such bloody politics must be relegated to the bin of history. Communal violence must be stopped now and forever.

Hasina sworn in for 3rd time as Bangladesh PM

By  Jan 13, 2014

Asian CorrespondentDHAKA, Bangladesh (AP) — Sheikh Hasina was sworn in Sunday for her second straight term as Bangladesh’s prime minister and third overall, following one of the most violent elections in the country’s history.
Hasina took the oath of office a week after her Awami League party won an election marred by street fighting, low turnout and an opposition boycott that made the results a foregone conclusion.
President Abdul Hamid also swore in 29 Cabinet ministers and 19 deputies.
The election was one of the deadliest since Bangladesh’s 1971 independence, as an opposition alliance led by former Prime Minister Khaleda Zia, Hasina’s archrival, attempted to derail the vote by calling weeks of strikes and blockades.
At least 18 people died in election day violence, and more than 100 polling centers were set on fire. Since last February, at least 300 people have died in political violence.
Zia, leader of the opposition Bangladesh Nationalist Party, or BNP, was absent from the swearing-in ceremony at the presidential house in the capital, Dhaka. Many Western diplomats attended the ceremony despite a call from the United Nations, the United States and the European Union for an inclusive election.
The election boycott by Zia’s party means Hasina’s new government will have no strong opposition in Parliament. The BNP has vowed to continue trying to force Hasina to step down and allow a caretaker government to oversee a new election in which the opposition party would take part.
After she was sworn in, Hasina, who also served as prime minister from 1996-2001, said she would work to uphold democracy and would not hesitate to take any measures if a consensus was reached.
The political gridlock plunges Bangladesh deeper into turmoil and economic stagnation. The country also is struggling to reinvigorate its $20 billion garment industry, which has been hit by a series of horrifying disasters — including a factory collapse last April that killed more than 1,100 workers.

Sunday, January 12, 2014

US official records witnesses accounts of ‘serious abuses’ in Sri Lanka


AFP
Jan 12, 2014
Colombo: A top American official probing war crimes has recorded eyewitness accounts of alleged serious "abuses" and violations of international human rights law by Sri Lankan army during the final stages of its war with Tamil Tigers, according to a statement from the US embassy here. US envoy Stephen J Rapp concluded his week-long visit during which tweets from the US mission here carried photos of alleged sites in the north where people were killed allegedly due to Lankan military shelling in 2009 war against the LTTE.

Rapp had listened to eyewitness accounts of rights abuses "including those that occurred at the end of the war", the statement said. In May 2009, Sri Lankan military had defeated the Tamil Tiger rebels. Colombo has resisted calls to probe claims that over 40,000 ethnic minority Tamils were killed by the military during the final phase of the civil war. The US encourages Sri Lanka to seek the truth through independent and credible investigations and to carry out prosecutions, the statement said. The Lankan military has denied US accusations levelled through photographs during Rapp's visit which came ahead of the March sessions of the UN Human Rights Council. The US has told Lanka that it could introduce a third successive resolution over rights accountability and reconciliation with the Tamil minority at the Council. Two previous resolutions both US moved were supported by India. Rapp's visit met with a protest opposite the US embassy. A nationalist group slammed the US for interfering in the country's internal affairs. A protest was sparked when Rapp told the main Tamil party TNA that the March resolution would push for a international war crimes investigation. PTI

Read more at: http://www.firstpost.com/world/us-official-records-witnesses-accounts-of-serious-abuses-in-sri-lanka-1335783.html?utm_source=ref_article

The Future Is Not Ours To Say C. V. Wigneswaran 

By Easwaran Rutnam- Sunday, January 12, 2014
The Sunday LeaderNorthern Province Chief Minister C.V. Wigneswaran has already had to face many challenges within the short period since he was appointed to his new post. Meeting the expectations of the Tamils who gave him a mandate at the last Northern Provincial Council elections is without a doubt his biggest challenge. Wigneswaran has a long and certainly rough road ahead of him but he says he will take that road to meet the expectations of the people. But as for the future, only time will tell
Excerpts of the interview.
Q. How would you describe your term in office so far as the Chief Minister of the North?
A. Challenging! I had been used to a regularized contented life since I became a Judge. It was no doubt hectic when I practiced for 15 years before I became a Judge. The present stage is akin to my lawyer days 35 years ago. Though the body is old the challenges are manageable!
Q. What are the most complex issues the new Council and you have had to face?
A. How to get rid of or decrease the presence of the Army from the North is our biggest problem. Thankfully our people understood the dangers of backing certain candidates and they were routed. Fortunately the President too has understood the dangers in keeping certain officers for too long and has changed the officers in command. We welcome that. But there is a deliberate statement that has emanated from powers that be. That is under no circumstances would the Army be withdrawn. This is unfortunate. Five years have passed and the same Army that fought the War continues to be amongst our people. Does the Government ever intend to withdraw the Army from the North and East at some stage or never?
Our people have not experienced democracy for so long and if the Government does not intend to change the state of affairs in the North soon, it would mean it has certain hidden agendas to be implemented. Is it the changing of the demographic pattern in the North? They managed to do so in the East. Now the Army, Buddhist priests and certain interest groups are being used to obtain such ends. If the Government is genuine I have suggested a way out. I have said, divide your numbers in the Army by nine. Leave one ninth in each province unless you want a greater number in Colombo. To that extent the numbers in the Provinces would then dwindle and that is to be welcomed. If you need more in the North, increase the Police presence.
Our fertile lands are taken over by the Army and they are cultivating them and selling the produce to the owners of such lands! Fishing is in their hands. IDPs have not been allowed to get back to their residences. These are information trickling in to us. As Chief Minister I was not allowed to go and visit the area where two temples and a school had been purportedly razed to the ground. Our women specially single heads of families and widows are not safe at all. Recently three young girls had been raped and put into wells. No investigations of any sort seem to take place. But I must state there have been improvements visible since certain changes in the Police hierarchy were undertaken recently.
Q. Following your recent meeting with President Mahinda Rajapaksa there were both criticism and a sense of hope for the future on the part of the Tamils here and abroad. Would you say that by meeting the President you will be able to deliver what the Tamils expect from you?
A. Certainly not. But he could help us in the day to day functioning of the Provincial Council. What the Tamils want is a permanent solution to their problems.
Q. How much of funding does the Council need from the Government to administer the North more effectively?
A. Ours is an area coming out of a terrible war. The Army that fought the War is still there. It is not possible to say how much without understanding the enormity of the problems involved. For that the Army must leave so that we would make an assessment without interference. In principle we need to carry out a proper needs’ assessment of all the sectors with the help of multilateral agencies as done during the Peace Accord period 2003/2004 to determine what should be done, reconstruct and rebuild Northern Province effectively to overcome the negative impact of war. Only a proper and effective sector wise needs’ assessment will enable us to determine the amount of funds required to administer Northern Province effectively in the post war context.
It should be borne in mind to effectively rebuild a war torn society and region, you need to formulate and adopt specific polices as done in other war affected regions. The current national policies are woefully inadequate for the purpose intended. Besides, what the Government is trying to do is aggressively push for policies which were rejected by our people of NP at the Provincial Council elections. Moreover, the Presidential Task Force which was set up in 2009 and the subsequent Joint Actions Plans etc were not carried out in consultation with the elected representatives of TNA nor with war affected communities of the NP. It was basically a programme implemented by the victor in the war disregarding the wishes of the war affected Tamil People – the vanquished, to further their political agenda. Everything has to be redone. How could I truthfully answer your question?
Q. What steps are you taking to address the land issue in the North?
A. We are making a survey of many problem areas. But the biggest problem is the Army again. They control land and the Government is denying us the rights given under the 13th Amendment even. Could we fight the Army? If a Chief Minister cannot go to a place where an offence has taken place within his jurisdiction you think anybody else could? That is why we are asking for the removal of the Army.
Q. As the Chief Minister do you see the need to be more independent or still work according to the agenda of the TNA?
A. There is no difference between TNA and us. We are TNA. In fact there is no difference between majority of our people and the TNA and us. We are quite certain as to what we want. Our Manifesto set it out clearly. Please do not try to drive a wedge between the NPC and our people!
Q. The Tamils Diaspora had recently said it will work with the TNA on highlighting the human rights issue internationally. Do you feel there is a bigger and wider role the diaspora can play in the North?
A. That depends on the extent to which the Government would allow our brethren abroad to help us. I must say the President recently was very accommodative saying if we contact Mr. P. B. Jayasundera in time we could work out such help without problems. We look forward to working with Mr. Jayasundera.
Q. Muslims feel they are the forgotten community in the North. As the Chief Minister what assurance can you give them for them to feel accepted?
A. We have already shown our willingness to work as two communities speaking the same language. We have brought in a Muslim brother in as a nominated Provincial Council Member and we have agreed to set up a Commission to look into their problems. Only we are hampered by legal issues as to how such Committee or Commission could function. We should get over it soon. But please remember the Muslims through Minister Rishard Bathurdeen is doing fine in the North specially in the Vanni and even in Jaffna Peninsula where he unilaterally through his hand-picked officials use central government resources for the benefit of Muslims often creating conflict with the people of the area.
Q. Do you see yourself going further in Sri Lankan politics in a few years from now?
A. I am not a politician. I am a simple ordinary man. May be I have had the fortune to adorn the highest judicial office next to the Chief Justice. What on earth do I need further political positions for? I am doing what I could to assist in the regeneration of our unfortunate people. If I could do even a little in the direction of their amelioration, that should suffice. I need no extra money, no position, no pomp and pageantry nor fame nor kudos. The future is not ours to say. Whatever will be will be!-Que sera sera!

Impeachment Of A CJ: Day Of Lightning And Year Of Thunder


By Lal Wijenayake -January 12, 2014 
Lal Wijenayake
Lal Wijenayake
Colombo TelegraphJanuary 11, 2013 is Black day in the history of the judiciary in Sri Lanka and perhaps the darkest day for democracy.
On that day, Parliament accepted the report of the Parliamentary Select Committee that inquired into the charges set out in the impeachment motion against Chief Justice Shirani Bandaranayake and impeached the Chief Justice.
It is not the adoption of the impeachment motion that was the core issue. Parliament by accepting the report of the PSC and the President by removing the Chief Justice acted disregarding — and in fact throwing away — the judgments of the Supreme Court and the Court of Appeal made after consideration of submissions made in court by the AG on behalf of the state and other counsel appearing for those who challenged the legality of the procedure adopted by Parliament and the PSC to impeach the Chief Justice.
Chief Justice 43 Shirani Bandaranayake clad in a black saree greets her well-wishers in Hulftsdorp before she leaves for the parliament complex to appear before the PSC. File photo.
This is as far as we are aware the only incident in the history of any known democracy where government has acted in disregard/ throwing out judgments of Superior Courts established under its own Constitution.
These are blatant acts of contempt of court but our courts were helpless and unable to enforce the law against those responsible due to the enormous political power vested in them.
In Pakistan when Prime Minister Yousaf Raza Gillani refused to respect and act according to a judgment of the Supreme Court, he was called to answer charges of contempt of court and he had to resign.
It is a pathetic situation to see that in our country the political establishment is allowed to carry on with the Government after acting in complete breach of the constitutional obligation to act in accordance with the constitution and uphold and defend the constitution. What we see is the unique situation where Parliament and the Executive acting, disregarding orders of the Superior Courts pronounced under the constitution, still continues to govern under the same constitution. What this in fact means is that obedience to the Constitution is selective and will be only obeyed to the extent that it is acceptable to the political establishment. That is a complete breach of governance under the constitution.                            Read More 

‘After the heavy rains, some wetness remains’

Sunday, January 12, 2014
The Sundaytimes Sri Lanka
The wholly reprehensible quotation which this column borrows for the title this week comes verbatim from the November 2011 report of the Lessons Learnt and Reconciliation Commission (LLRC). This is where it quotes the head of the government linked Eelam Peoples Democratic Party (EPDP) when the LLRC questioned him in regard to specific allegations of enforced disappearances, extortion and extra-judicial killings leveled against the EPDP by Tamil civilians living in the North after the close of the war in 2009, (see at p174 of the LLRC report).
A manifestly callous observation
The callous nature of this quote is cannily carried by the LLRC to underscore the horrifyingly casual nature of extra-legal killings carried out by paramilitaries. And in observation thereof, the fact of the matter is that the paramilitaries worked in close tandem with sections of the government military. To asset this is sheer commonsense as otherwise, such illegal activities would have been brought to a halt, at least gradually post 2009.
But let us return to the LLRC report. The EPDP leader made this remark to the LLRC in the larger context of what the LLRC categorised as ‘ruthless internecine warfare’ encouraged by the Liberation Tigers of Tamil Eelam (LTTE) which resulted in Tamil groups opposed to the LTTE having to carry weapons and as this explanation goes, ‘although the LTTE engineered conflict is over, some residual activity could remain for some time.’
But the LLRC was unequivocal in its condemnation of the explanations by the EPDP and paramilitaries, observing that they ‘provide little or no consolation to the aggrieved parties and tends to militate against any meaningful reconciliation process.’ Indeed, personal testimonies of civilians victimized by these groups have been detailed by the Commission members in its 388 page report under a heading appropriately titled ‘illegal armed groups.’
Its recommendation is categorical. First, proper investigations should be conducted in respect of these allegations. Second, criminal proceedings should be instituted against offenders. That was not all. The Commission also reiterated the disarming of illegal armed groups, pointing out moreover that if that same recommendation issued in their interim report had been implemented, the attack on the Jaffna based Uthayan newspaper may have been prevented (see at p175 of the LLRC report). There must be a time bound and verifiable process, it stressed.
Predictably, the EPDP leader breathed fire and brimstone consequent to the release of the LLRC report promising to sue the Commission. Predictably again, he never did.
Non-implementation of the ‘hard parts’ of the LLRC report
Two years on, these remain the ‘hard parts’ of the LLRC report which the Rajapaksa Presidency chooses to disregard, along with the LLRC’s specific recommendation to appoint a Special Commissioner of Investigations in order to investigate enforced disappearances and to provide material to the Attorney General to initiate prosecutions.
These are, of course, not extraordinary recommendations. These obligations are part of a State’s duties towards its citizens. Indeed, they are imposed upon this Government through existing penal statutes. One does not need an LLRC to tell the Government to enforce the existing law. But the fact of the matter is that the political will is not evidenced to do so. And this remains the truth whether it is the LLRC or a ridiculously imagined TRC (Truth and Reconciliation Commission) that is in issue.
Further, there is a logical link to this recommendation and amendments made in 2008 to the Commissions of Inquiry (COI) Act conferring new powers upon the Attorney General to “institute criminal proceedings in a court of law in respect of any offence based on material collected in the course of an investigation or inquiry, as the case may be, by a Commission of Inquiry” appointed under the Act. (see new Section 24 of the COI Act of 1948 brought in by the Commissions of Inquiry (Amendment) Act, No 16 of 2008.
These amendments were brought as a result of sustained pressure on the Government to remedy the fact that Commission reports are inevitably discarded with no link between criminal proceedings and Commission hearings. Past instances of such failures had been meticulously documented. Changes to the laws were made to offset these criticisms.
Empowering Commissions with authority
At the time that the amendments were effected, it was pointed out by this columnist that vesting discretion in the office of the Attorney General needs to be distinguished from the more imperative reforms called for. These are the amendment of the laws of criminal procedure, penal culpability and evidence in order to vest the proceedings and findings of Commissions of Inquiry with specific legal relevance. The 2008 amendment was critiqued on the basis that merely conferring powers of indictment upon the Attorney General poses a certain element of risk given the politicized nature of this office. In fact, these concerns were raised during the relevant Parliamentary debates on this amendment (see Hansard of 07.02.2008, at pp. 850-852).
Having said that however in what appears to be far saner times to what inflicts us now, it must be noted that the 2008 amendment did give some force to the reports of COIs. Indeed, this link may also be one specific reason why the 2006 Commission of Inquiry Report into the killings of the aid workers in Mutur and the extrajudicial executions of Tamil students in Trincomalee has not still been made public despite the stringent recommendation of the LLRC.
Most probably the Udalagama reports points to culpability on the part of relatively senior army and STF personnel at least in regard to the Trincomalee killings. Subordinates who have been indicted in the past year are, as is the pattern in such events, mere scapegoats. In any event, we must be kept guessing in the absence of the publication of the Udalagama LLRC report notwithstanding despicable attempts by government paid propagandists in the private media, (now proudly spewing venom in the state media), to publish extracts from the submissions of the defence counsel for the respondent army officers claiming those to be ‘leaked’ sections of the Udalagama report.
Government needs to stop pussyfooting  around the LLRC report
Whatever it may be, unless and until this Presidency implements these specific recommendations of the LLRC with demonstrable political will and ceases its pussyfooting around the LLRC Report by citing only the ‘soft’ recommendations relating to rehabilitation and the like, there is little likelihood of the lessening of the pressure under which it is currently being put. And it may as well enact a Right to Information Act as well, yet another of the LLRC’s key recommendations which it chooses to ignore.
In the absence thereof, it is not simply a question of ‘some wetness’ remaining after conflict. Rather and on all counts, the Sri Lankan people continue to be douched by unending monsoonal rains of human rights abuses and manifold violations of the Rule of Law. And unlike the monsoons which bring relief to a thirsty land, what we have here is the converse; a nation which is parched with the manifest absence of the Rule of Law in every sense of the word.

Can Sri Lanka Counter International Pressure?

By Austin Fernando-Sunday, January 12, 2014

The US officials are here for serious business … notwithstanding street protests here
The Sunday LeaderThere are two senior US officials who visit Sri Lanka at present. They are Stephen J. Rapp, Ambassador-at-Large of the Office of Global Criminal Justice, and the Assistant Secretary for South and Central Asian Affairs, Nisha Desai Biswal, successor to Bob Blake.
Since, due to its military, financial and international might and influence on multilateral organizations, the US could influence international thinking and responses, these visits cannot be considered simple or non-binding; they are here for serious business (notwithstanding street protests ) and their visit is evidence of international interest at intervention in our crisis.

US Wants GSL To Seek The Truth Through Independent, Credible Investigations And Prosecutions


Colombo TelegraphJanuary 12, 2014
The United States remains committed to working with the Government of Sri Lanka to promote greater peace and prosperity for all of the people of Sri Lanka, says the US Embassy Colombo.
Ambassador Stephen J. Rapp
Ambassador Stephen J. Rapp
Issuing a statement the Embassy says; Ambassador Stephen J. Rapp visited Sri Lanka from January 6-11 to meet with government and political leaders, civil society, and to tour former conflict zones.  He heard about the progress made since the conflict, but also the Sri Lankan people’s continuing desire for reconciliation, justice and accountability.
“During Ambassador Rapp’s discussions, he listened to eyewitness accounts about serious human rights abuses and violations of international humanitarian law, including those that occurred at the end of the war. In that context the government of the United States encourages the government of Sri Lanka to seek the truth through independent and credible investigations, and where relevant, have prosecutions.
“The United States remains committed to working with the Government of Sri Lanka to promote greater peace and prosperity for all of the people of Sri Lanka. It is vital that all sides come to an agreement on events, have appropriate redress, and move forward as a unified country that upholds the rule of law and respects the principles of democratic governance.”

Govt Yet To Address Many HR Issues – Mavai Senathirajah, TNA MP

Mavai-SenathirajahTNA Parliamentarian Mavai Senathirajah says the government is yet to address many areas on the human rights front and therefore is not in a position to expect a favourable outcome from the United Nations Human Rights Council session in Geneva. “The government is still silent on what happened to those who surrendered to the armed forces during the final stage of war. No one, except those who took them into custody, knows their whereabouts. Accountability issues have not been addressed and the government has turned a blind eye to the matter. This situation creates serious doubts about the government’s approach towards human rights and reconciliation,” the Parliamentarian said. Speaking on the Northern Provincial Council election, he said the government was not keen on having a free and fair election in the North and that was why it harassed TNA representatives and candidates using state backed arms. He also said that the government went for an election as a result of the mounting international pressure.

Following are excerpts of the interview;
Q: As the TNA perceives, what would be the outcome of the UN Human Rights Council session which is taking place in March?
A: The TNA, as a party, is yet to discuss this matter at length and we can only disclose our position specifically after the next Central Committee meeting which this is taking place on January 26. We are also going to discuss this matter with a wide spectrum of people including civil organizations, Diaspora, professionals and peoples’ representatives. But, as a whole, there are so many areas that the government needs to work on. In this context, it is impossible to believe that the government is genuinely interested in improving the human rights track record of the country.

Q: The government is constantly saying that things are changing in the North and most of the human rights issues have been solved. What is your response to that statement?
A: We don’t see any truth in that statement. We have been constantly raising these matters not only domestically, but also internationally. The government is still silent on what happened to those who surrendered to the armed forces during the final stage of war. No one, except those who took them into custody, knows their whereabouts. Accountability issues have not been addressed and the government has turned a blind eye to the matter. This situation creates serious doubts about the government’s approach towards human rights and reconciliation.

Q: Two resolutions have already been passed against Sri Lanka and do you think the government has taken measures to follow up the matters raised in those?
A: No one can be satisfied with the manner in which the government has followed up on the resolutions that have already been passed by the UN Human Rights Council. It has made various promises to the international community but nothing has been fulfilled. Even when UN Human Rights Commissioner Navi Pillay visited the country, she raised these issues but the government has not yet come up with a satisfactory answer. Therefore, the government is now in a highly disadvantaged position. The international community is mounting pressure and demanding the government to fulfill those promises.

Q: Senior members of the government claim that holding an election in the North alone is a significant achievement. What is your reply to that?
A: First of all, it should be understood that the government was compelled to hold Provincial Council elections in the North and it did not have any other choice. The international community, particularly India, mounted pressure on the government to hold elections in the North. On the other hand, the government tried its best to prevent a fair and democratic electoral process. Military intervention in the election process was extremely high and our candidates came under immense pressure from various parties who were backed by the government. If the government was so keen on having elections in the North, why did they attempt to disturb the process by using state sponsored arms?

Q: Do you think rapid infrastructure development and economic progress in the North will stand in favour of the government at the next UNHRC session?
A: What is the infrastructure development in the North? All we see are just carpeted roads! Apart from carpeted roads, the overall infrastructure development in the province is extremely poor. People are deprived of their livelihoods and there are no employment opportunities. Above all, a large number of people are still living in refugee camps. Their core socio-economic issues have not been addressed by the government. In this context, how can they speak of infrastructure development or rapid economic progress in the province? I am a representative of the people in the North and from what I can see, nothing is happening on the ground!

Q: Do you have faith in a credible domestic inquiry or do you prefer an international inquiry over a domestic mechanism?
A: We have no faith in the government and therefore, we don’t think the government would initiate a credible domestic inquiry. That is why we demand an international inquiry into war crimes allegations. In the end, the people of this country should be able to uncover the truth. But we don’t think the government really intends to facilitate that process.