A litany of broken promises!

February 27, 2014 

• When history is being written one day about this particular chapter of Sri Lanka’s chequered dealings with the international community, historians will discover that the road to Geneva and beyond was littered with promises made and broken by the Rajapaksa Government

The Oxford educated Indian External Affairs Minister Salman Khurshid, recently lapsed momentarily into literary metaphor in attempting to explain some of the current complexities that govern the bilateral relationship between New Delhi and Colombo.
“What can I say, but to borrow from Eric Segal’s Love Story: Love means never having to say you’re sorry. That is how our relationship is,” the Minister told visiting Sri Lankan journalists in New Delhi, explaining that some friendships forged through the decades and not always in good times, tend to stand up to challenges along the way.

A Litany of Broken Promises! by nelvely

Reevaluating Sri Lanka’s LLRC Progress: Part One

Last March, The Social Architects (TSA) released its third report, “The Numbers Never Lie.”

An End of War Snapshot. Photo: Mathy

By The Social Architects | February 26, 2014

The report provided extensive information about the Government of Sri Lanka’s (GoSL) progress in implementing the Lessons Learnt and Reconciliation Commission (LLRC) recommendations. Again, TSA’s partners undertook a similar survey this year. Using the data obtained last year as a baseline, TSA will be releasing two companion reports reevaluating Sri Lanka’s LLRC progress. This is the first.

This year’s survey was only conducted in the Northern and Eastern provinces; this was done during January 2014. TSA’s partners surveyed 1,200 people this year, but 157 survey respondents were subsequently disqualified. 376 other people who participated last year did not participate in this year’s survey. This figure includes people who have moved elsewhere or have been resettled. It also includes community members who decided not to participate this year due to fear. Hence, all 1,043 people that were surveyed this year also participated in last year’s survey. In order to accurately measure progress, TSA removed 533 people (those who did not participate in the 2014 survey) from last year’s survey results.

(Read the report by clicking here)

TSA’s sample covers 8 districts, 36 Divisional Secretariat (DS) divisions, 108 Grama Niladhari (GN) divisions and 264 villages. 368 survey participants are Woman-Headed Households (WHH). TSA’s questionnaire (224 questions) has been designed to capture different types of information. This includes factual data – such as information about arbitrary detention, disappearance, death, injury and compensation. Some parts – including questions on militarization and sections dealing with political rights and language rights – capture both factual data and perception data.

TSA’s survey findings suggest that – while some very limited progress related to a few LLRC recommendations has been made over the past twelve months – there are still concerns about matters such as political rights, language rights, inclusive development and compensation, among other areas. The country’s continued militarization, the concomitant culture of fear which pervades the North and East, and the asymmetrical implementation of the LLRC recommendations are also concerns. TSA will delve more deeply into all of these topics in its next report.

Reevaluating Sri Lanka’s LLRC Progress Part I by nelvely

Michael Roberts As An Apologist For Sinhala Nationalism/Chauvinism

By Laksiri Fernando -February 26, 2014 |

Dr. Laksiri Fernando

The republication of Michael Roberts’ 1991 article “Nationalism, the Past and the Present: The Case of Sri Lanka” gives rise to some concerns in a context where the efforts on the part of the current political regime can best be characterized as ‘assimilation’ of minority communities and not ‘reconciliation’ within a plural society and a democratic political system. What it tries to establish or re-establish is the hegemonic position of Sinhala Buddhism over the other strands of ethnic or religious identities in the country on the basis of historical legacy which might or might not be correct as an objective or dispassionate historical interpretation.

Even it was the case in the past, which I seriously doubt as a ‘continuity’ even with breaks or change, the glorification of such a hegemony even on the pretext of a ‘defensive mechanism’ is completely unwarranted in the 21^st century for the people in the country or anywhere else under similar conditions to live in peace and harmony. Sri Lanka is not the only country with ethnic strife, colonial past, overlapping ethnic solidarities across borders or even perceived or actual external threats. None of these would warrant the domination that the Sinhalese elite exerts on the minority communities, religious or ethnic, in the name of larger community or country interests, not to speak of barbaric acts of violence like in the case of July 1983 for example.

General Considerations

As a review of three books that Roberts has mentioned, I have no issue in agreeing with some of the relative merits of what he has to say, particularly in respect of the possibility of some form of ‘nationalism’ or more correctly ‘proto-nationalism’ in the ancient past in Sri Lanka or elsewhere. This must have been there on the part of both the Sinhalese and the Tamils undoubtedly with variations in historical origin, spread and continuity. However, it is completely doubtful whether there was an ‘ethnic conflict’ and associated ‘nationalism’ or anything else in the ancient past as we can see or document today. I am not convinced of any evidence given by Michael Roberts, Leslie Gunawardana or any other on this matter and particularly on so-called ‘Sinhala consciousness.’Read More

Doubts over Sri Lanka's reconciliation efforts

Gabriel Domínguez-26.02.2014

Amid growing pressure on Sri Lanka to address war crimes allegations, Colombo has announced it is considering a reconciliation commission modeled after South Africa's post-Apartheid body. But experts are skeptical.

Doubts Over Sri Lanka's Reconciliation Efforts by nelvely

Govt. Rejects HC Pillay’s Call “To Establish An International Inquiry Mechanism”

Following statement issued by the External Affairs Ministry, Colombo as the response to the report by UNHCHR. We are republishing the response with the relatively important graphic provided by a source in Colombo.

( February 26, 2014, Colombo, Sri Lanka Guardian) The Government of Sri Lanka (GOSL) has rejected the call by UN High Commissioner for Human Rights Navananethem Pillay’s call “to establish an international inquiry mechanism to further investigate the alleged violations of IHRL and IHL and monitor any domestic accountability process in Sri Lanka”, saying “it gives scant or no regard to the domestic processes ongoing in Sri Lanka within the framework of the LLRC NPOA, and is politicized in premise”. The government said, the trajectory that has emerged with regard to the recommendation of the High Commissioner “reflects the preconceived, politicized and prejudicial agenda which she has relentlessly pursued with regard to Sri Lanka”, since just a week following the defeat of terrorism in Sri Lanka, on 26th May 2009 at the 11th Special Session of the UNHRC on Sri Lanka, and at subsequent sessions and reports. It is noted that the reference in the current report that “the High Commissioner remains convinced” for an “independent, 

international inquiry” demonstrates her persistent efforts against Sri Lanka. Sri Lanka said, “it is pertinent to question the factual basis for the High Commissioner’s initial formal call to the HRC for an independent, international investigation in May 2009 and its continuation, in order that the international community not be misled”.

GOSL made these observations in “comments” submitted to the draft report of the High Commissioner on 12 February 2014, ahead of the High Commissioner’s (HC) final report on Sri Lanka to the 25th Session of the UN Human Rights Council (HRC), which was placed on the OHCHR website today (24 February 2014).

Although on the last occasion when the HC reported on Sri Lanka to the 22nd Session of the HRC, GOSL’s “comments” were placed as an addendum to the report, ensuring the integrity of the HC’s report and the GOSL comments, and also that they were equally visible, the GOSL’s request this year that its comments be published as an addendum to the HC’s Report has been refused, and it has only been placed on the UN Extranet which is not directly accessible to the public.

In its “comments” GOSL noting its “non-recognition” and “categorical rejection of resolution 22/1” that mandated the HC’s report, observes that “it has nevertheless continued to make significant progress in its own reconciliation process, and has continued to regularly update the Council on such progress. In this context, GOSL rejects, without prejudice to its position of non-recognition of resolution 22/1, the High Commissioner’s claim that most of the recommendations made in her previous report to the Human Rights Council remain unimplemented”. GOSL has also “reiterated its categorical rejection of the conclusions and recommendations contained in the HC’s Report, which reflects bias and is tantamount to an unwarranted interference in the internal affairs of a sovereign State”.

In its detailed point by point “comments” on the HC’s report, GOSL has regretted that “the HC had raised concerns regarding a range of issues based on information of questionable veracity and arrived at conclusions in a selective and arbitrary manner”. It added that this included many she had raised during her August 2013 week long visit to Sri Lanka, “where the GOSL had requested the High Commissioner to provide factual evidence to substantiate allegations” and “to refrain from making general comments without a degree of specificity which would allow the GOSL to investigate and respond in a comprehensive manner”, which however had not been forthcoming.

The full text of GOSL’s “comments” on the HC’s draft report submitted to the OHCHR

The full text of GOSL's "comments" on the HC's draft report submitted to the OHCHR is below:

‘We strongly support position of High Commissioner’ says UK

26 February 2014

British Secretary of State for the Foreign and Commonwealth Affairs, Hugo Swire, has stated that the UK strongly supports the position of the UN High Commissioner for Human Rights Navi Pillay, adding that the international community has a duty to act on Sri Lanka.

Swire went on to add that,

Sri Lanka

Ms Abbott: To ask the Secretary of State for Foreign and Commonwealth Affairs what his policy is on the initiation of an independent, international war crimes inquiry in Sri Lanka. [187499]

Mr Swire: As the Prime Minister said in his statement to Parliament on 18 November 2013, we will continue to press the Sri Lankan Government for credible, 

24 Feb 2014 : Column 59W

‘We strongly support position of High Commissioner’ says UK by nelvely

Sri Lanka Denounces Push To Open War Inquiry

By Gardiner Harris and Dharisha Bastians -February 26, 2014

Sri Lanka’s government on Tuesday forcefully rejected a call for an international war crimes investigation into the country’s bloody civil war, adding to tensions with the United Nations’ human rights body.

In its official response to a highly critical report released on Monday by the United Nations’ high commissioner for human rights, Navi Pillay, the government said Ms. Pillay’s call for an independent international investigation “reflects the preconceived, politicized and prejudicial agenda which she has relentlessly pursued with regard to Sri Lanka.”

The government dismissed accusations that its vast military presence in the northern part of the country was responsible for a surge in sexual violence against women; that the authorities had failed to return huge swaths of land to Tamil civilians, who are an ethnic minority; and that the government had undermined the independence of Sri Lanka’s judiciary. It also said the reason it had not prosecuted anyone for massacres in which security forces are known to have taken part was that proof had been difficult to obtain.

Read more in the New York Times

British Tamils To Hold Rally Calling On Cameron To Keep His Promise On Sri Lanka Investigation

 February 26, 2014 

British Tamils Forum to hold a rally outside Downing Street in London on Wednesday 26 February 2014, calling on the Prime Minister David Cameron to ensure an international independent investigation takes place into war crimes, crimes against humanity and the crime of genocide that have been perpetrated against the Tamil Nation since 1948.

David Cameron

At the Commonwealth Heads of Government Meeting in November 2013, David Cameron called for an international, independent investigation in Sri Lanka if a credible domestic alternative had not begun by March 2014. This week, the United Nations Human Rights Commissioner’s released a reportdeclaring that the Sri Lankan government had failed to ensure a credible and investigation of its own, going on to call for the establishment of an “independent, international inquiry mechanism”.

“Against this backdrop, the British Tamil community is anxious to impress upon Mr Cameron that he has a duty to keep the promise he made to the Tamil people in November – by setting up a robust and independent, international investigation that has long been overdue.” says the BTF.

Venue: Whitehall (opposite entrance to Downing Street) Time: 4.30pm – 7pm, Wednesday 26 February 2014

Sri Lanka: Gotabhaya over rule reduction of military presence in the Northern Province

Sri Lanka: Gotabhaya over rule reduction of military presence in the Northern Province

Shamindra Ferdinando-Wednesday, February 26, 2014

Defence Secretary Gotabhaya Rajapaksa yesterday said that the government wouldn’t demobilize the Army or reduce military presence in the Northern Province under any circumstances, though a section of the international community was pushing the government on the diplomatic front ahead of the 25th session of the Geneva-based United Nations Human Rights Council (UNHRC). The war veteran was responding to Western calls for a smaller army in the wake of the LTTE’s battlefield defeat in May, 2009. British High Commissioner John Rankin was in New Delhi during the second week of February to urge heads of missions of member states of the UNHRC accredited to Colombo.

HC Rankin sought their support for the US-UK initiative, while US Ambassador in Colombo Michele J. Sisson met several Permanent Representatives of UNHRC members based in New York to convince of the need to move the resolution. The US and UK are seeking as many countries as possible to co-sponsor the resolution.

Asked whether the government would demobilize some formations raised during eelam war IV (June 2006 to May 2009) to appease Western powers threatening to haul Sri Lanka up before an international war crimes tribunal over accountability issues, the Defence Secretary said that the peacetime deployment of the Army as well as the acquisition of armaments too, was the prerogrative of the government.

Recently British High Commissioner John Rankin as well as Norwegian Ambassador Grete Løchen inquired about the military presence in the Northern Province when they met Jaffna Security Forces Commander, Maj. Gen. Udaya Perera. The Norwegian envoy inquired about the possibility of demobilization.

The Defence Secretary told The Island that United Nations Human Rights Commissioner Navi Pillay too, had called for demobilization of the Army in accordance with their overall plan to destabilize the country. An irate Rajapaksa said that large scale demobilization would cause a major social upheaval. “Can any sensible government send home those who risked their lives in the battlefield. Demobilization can cause uncertainty and political turmoil, thereby undermine social as well as economic stability. Perhaps, those working closely with the LTTE rump expected us to send men home believing such a course of action will lead to a major crisis.”

The armed forces had been deployed in support of the post-war recovery projects and people of all communities benefited from their expertise, he said. President Rajapaksa endorsed a plan to double the army at the onset of eelam war IV.

The government wouldn’t do anything to jeopardize security, the Defence Secretary said, pointing out that those who now wanted the government to demobilize the Army went to the extent of recognizing the LTTE’s conventional military deployment across eight districts in February 2002.

Commenting on US concerns over intimidating military presence in the Northern Province, the Gajaba Regiment veteran pointed out that the US was concerned only about its security as well as its closest allies. The Defence Secretary said that the US was fully aware of sharp reduction of Jaffna military presence since the conclusion of the conflict, though it acted as if Sri Lanka was retaining wartime strength in the Northern Province. The Defence Secretary said that the US maintained substantial forces outside US territory to ensure safety and security of its citizens as well as those of its closest allies. Why couldn’t they realize that our deployment was nothing but to ensure that the LTTE wouldn’t make an attempt to reorganise again, the Defence Secretary said.

Presidential Secretary Lalith Weeratunga recently briefed the international community in Geneva and separately met US officials to explain the implementation of the Lessons Learnt and Reconciliation Commission (LLRC). Weeratunga assured that there had been a 30 per cent drop in the military strength in the Northern Province since the end of the war.

Hybrid Constitution Comes Home To Roost

IBy R.M.B Senanayake -February 26, 2014

R.M.B. Senanayake

The Supreme Court in a judgment delivered last week  (21/02/2014) said that the Court of Appeal possessed no jurisdiction in terms of Article 140 of the constitution to review a report of a Select Committee of Parliament constituted in terms of Article 107(3) of the Constitution read with order 87A (2) of the Standing Order of Parliament or to grant and issue an order in the nature of a Writ of Certiorari purporting to quash the report and findings of a Parliamentary Select Committee on the basis that it was not properly constituted. The five-judge bench of the Supreme Court set aside the impugned judgment of the Court of Appeal dated January 7, 2013. The application filed by the petitioner respondent Dr. Shirani Bandaranayake in the Court of Appeal, shall stand dismissed due to lack of jurisdiction.

The concept of supremacy of Parliament is a principle in the Westminster system of government but not in a presidential form of government where the principle of separation of powers operates. Unfortunately PresidentJ.R Jayewardene in 1978 adopted a hybrid Constitution taking disparate principles from the two forms of government and mixing them to strengthen the power of Parliament. But under a system of political parties where the Executive President is elected from the ruling political party, he gets the control of Parliament as well. In presidential forms of government there is a clear separation of the composition of the three arms of the State. The Executive Presidency is assisted by Ministers who are not drawn from Parliament. In France where the presidential system prevails, the Ministers if appointed from Parliament cease to have voting rights in the Parliament. Of course the Judiciary is independently appointed although the President may formally issue the letter of appointment.

The Founding Fathers in USA who understood how fickle the people are, opted for a single elected leader as Chief Executive and gave him the power to appoint to his Cabinet persons of proven capability who will not have to pander to voters since they are not elected. So US Presidents have appointed as Ministers outstanding men who were either professionals or Academics but who invariably had management experience in the large private sector organizations that country has a surfeit of. Even France and Japan appoint men with considerable management experience to be Ministers. In France ministers are appointed from retired Public Officials, men of the Grande Ecole, the prestigious French academic institution as well as from the Parliament. As a safeguard against populist decision-making and also to ensure accountability by them the Ministers so appointed have no vote in Parliament and are summoned before Parliamentary Committees to answer for their acts of commission or omission. Unfortunately we did not accept this safeguard for reasons of political expediency.We have not appointed persons of sufficient education with experience in any sphere of government as Ministers. The Singapore government consists of several Phds. Hardly any Minister has only a mere secondary school certificate. How can a modern State be run by persons who lack sufficient education?

Read More

Jaya eyes Delhi, manifesto talks of China, hike in I-T exemption limit

Jayalalithaa released the manifesto in Chennai at AIADMK headquarters a day after she announced candidates for all 39 Lok Sabha Seats.

Jayalalithaa released the manifesto in Chennai at AIADMK headquarters a day after she announced candidates for all 39 Lok Sabha Seats. (PTI)

by Gopu Mohan | Chennai | February 25, 2014 

Making clear her national ambitions, AIADMK general secretary and Tamil Nadu Chief Minister J Jayalalithaa promised to check Chinese aggression and Pakistan-backed militancy, bring back black money, rescind the policy on FDI in retail, stop disinvestment of PSUs, raise Income Tax exemption limit to Rs 5 lakh, and roll back a proposed hike in natural gas price in her party manifesto for the Lok Sabha polls on Tuesday.

The party also promised to extend the state government’s “laudable” populist schemes to the rest of the country. These include distribution of free mixies, grinders, fans, milch cows and goats for women; marriage assistance in cash and gold; maternity benefit scheme for poor pregnant women and comprehensive health insurance scheme for the poor; free school education with laptops, text and note books, geometry boxes, atlases, crayons and colour pencils, school bags, uniforms, cycles, bus passes and cash incentives to reduce dropouts.

The AIADMK seemed to have incorporated issues raised by the Congress, BJP, Left and even AAP in its manifesto. It promised to change the price determining mechanism for petrol and diesel by cutting down the powers of the oil marketing companies, work for a permanent seat for India in the UN Security Council and set up a welfare board for unorganised workers. The party also promised farm loan interest waiver and a corruption-free administration.

Promising to provide a “determined, bold and strong leadership” and a “government which performs”, the party said it would uphold secularism, welfare of minorities, senior citizens and the differently-abled, boost manufacture, promote MSMEs and support agriculture.

With the party’s strength confined to the Tamil region — 39 Lok Sabha seats in Tamil Nadu and 1 in Puducherry — the manifesto also raised local issues like the emotive Sri Lankan Tamils matter. The party said it was determined to bring to book all those accused of war crimes and genocide against Tamils in Sri Lanka, and move the UN for a referendum among Sri Lankan Tamils on the formation of an independent nation — Eelam.

It also promised to retrieve Katchatheevu islet, that was ceded to Lanka in the mid-70s. Jaya has opposed this in court and the case is pending. “The foreign policy of the country should not hurt the interests of the states in the country,” noted the manifesto.

It included other local issues like setting up a Cauvery Management Board, welfare of fishermen from Tamil Nadu, making Tamil an official language, junking UPA’s “half-baked” food security scheme in favour of a universal PDS, and obtaining digital addressable system (DAS) licence for the State-run Tamil Nadu Arasu Cable TV Corporation.

BTF calls on the UK Government to carry out a full investigation of a British Citizen in a SL prison

 Wednesday, 26 February 2014 

Mr Visvalingam Kobithas of Chessington, Surrey, a British Tamil who was arrested in Sri Lanka in 2007 and detained without charge for over eight years, was found dead on the bathroom floor of “C” Division, Magazine prison on 24 February 2014.

Previously, on 13 November 2011, he was stripped naked and attacked by fellow prisoners; he also narrowly escaped another attack in January 2012.

Mr Kobithas’s wife, Senthilrani Kobithas, and two teenage children live in the UK and have not seen him for eight years.

British Tamils Forum urges the UK government to investigate in detail the death of Mr Kobithas, just as it should investigate the death of any other British Citizen detained abroad, and to take robust action to ensure that those responsible for his death are brought to justice.

Our Country, Our President, Our Armed Forces, Our Nation And My Defence!

By Telli C Rajaratnam -February 26, 2014

Dr. Telli C Rajaratnam

I shall confine my submission to the current trends in international affairs relating to Sri Lanka with the war against terrorism and how the world look at us owing to the accusations made against us by vested interests with particular emphasis to the UN and whether we have overcome the difficulties and convinced the world that we were justified in doing what we had to do.

Sovereignty, territorial integrity & political independence

We are a people created equal, free to think and worship as we feel. We are no longer colonists. Our destiny would not be determined for us but our destiny will be determined by us. We must take effective measures to safeguard the legitimate rights and interests of the developing nations and work towards a new international political and economic order that is fair and rational. First, it is imperative to promote democracy in international relations. To respect the sovereignty, territorial integrity and political independence of all countries and resolve internal conflicts. The affairs of each and every country should be left to its own people to decide. Global challenges should be tackled through international cooperation and co-ordination.

All countries should foster a new security concept featuring mutual trust, mutual benefit, equality and cooperation and fully respect the diversity of world civilizations, and should seek consensus through dialogue, co-operation through consultation and development through exchanges.

The role of the UN and the integrity of Sri Lanka – The obligation of the UN to focus at the LTTE as human rights violators

It is imperative to work towards stability and development of the developing nations. World peace hinges on stability of the developing nations, and global prosperity rests, on growth of the developing nations. Complicated as they are, many of the issues today may have their roots found in development. Development should be the top priority of governments of all developing nations in their efforts to govern and build up their countries. It is imperative to ensure a full play of the UN’s important role in international affairs. As the most important inter-governmental organization in the world today, which represents the fundamental interests of all member countries and the aspirations of all peoples in the world, the United Nations has a lot to do and accomplish under the new situation. Therefore, it is our common responsibility and is in everyone’s vital interests to strengthen its role, safeguard its authority, increase its efficiency and promote its reform.                                                                   Read More

Rise of extremist Buddhism in Sri Lanka

By Christine Nayagam-Posted 26 Feb 2014Suddenly, a group of monks, with heads clean shaven and wearing saffron & red robes, emerge out of nowhere on a dark street in Colombo.

Rise of Extremist Buddhism in Sri Lanka by nelvely

Routine struggle to eke out an existence

By Latheef Farook

Nagadeepa is one of the islands of the cluster of islands off Jaffna   peninsula. Sinhalese call 

it Nagadeeepa. To Tamils it is Nagadeevu while the Muslim describes it as Nainativu. The tiny Muslim community of Nainativu perhaps may be the smallest community of its kind in the world.
Abandoned by all they live in isolation in the island

which lacks even the very basic facilities. However they seem to be a god fearing and

Routine Struggle to Eke Out an Existence by nelvely