Thursday, March 27, 2014

The Resolution Is A Victory For All Sri Lankans

By R. Sampanthan -March 27, 2014

The Tamil National Alliance welcomes today’s Human Rights Council resolution which requests the High Commissioner for Human Rights to undertake a comprehensive investigation in respect of past and post-war violations of human rights and the perpetration of serious crimes. The resolution is a victory for all Sri Lanka’s Peoples in their struggle for truth, justice and reconciliation. The resolution sends a strong message to the Sri Lankan government that the undemocratic, militarized and discriminatory trajectory on which it has set the country is unacceptable and unsustainable.

Sampanthan, leader of the political proxy of the Tamil Tigers, the Tamil National Alliance, addresses reporters during a media conference in Colombo

The passage of the resolution marks a historic moment and finally provides a meaningful opportunity for all communities in Sri Lanka to join an impartial, independent process in which we grapple with serious violations of human rights and crimes committed in our own respective names. This is an urgent need, and is critical to ending the spiral of impunity in Sri Lanka. As the political leadership of the Tamil people, we accept this opportunity in a spirit of humility and self-reflection. We call on the Sri Lankan government to cooperate fully with the High Commissioner in the implementation of the resolution, and more critically, to break with the past and move Sri Lanka in the direction of genuine reconciliation, and a life of dignity and self respect for all Peoples in Sri Lanka.

The TNA looks forward to remaining engaged with the Government of Sri Lanka, the international community and the United Nations in giving effect to today’s resolution and using it to benefit all victims of serious violations in Sri Lanka.

*R. Sampanthan MP - Leader, Tamil National Alliance

'Victory for Sri Lankan people': UN to probe 'war crimes'

THURSDAY 27 MARCH 2014

The United Nations is to launch an investigation into alleged war crimes and continuing human rights violations in Sri Lanka.

'Victory for Sri Lankan People' UN to Probe 'War Crimes' by nelvely

UN investigation brings new hope for justice in Sri Lanka

MARCH 27, 2014

The Sri Lankan government must end a nationwide crackdown on dissent and cooperate with UN investigators, Amnesty International said today after the UN Human Rights Council established an inquiry into allegations of war crimes and crimes against humanity in the country.

“The UN inquiry brings new hope for the thousands of victims of abuses in Sri Lanka,” said David Griffiths, Asia-Pacific Deputy Director at Amnesty International.

“The Sri Lankan government has twice ignored calls by the UN Human Rights Council to conduct an independent and credible investigation into allegations of violations during the country’s horrific civil conflict. Now they have a fresh opportunity to restore some international credibility by cooperating with the investigation.”

On Thursday morning, the UN Human Rights Council voted to task the Office of the UN High Commissioner for Human Rights (OHCHR) to investigate allegations of abuses and crimes committed by all sides of the brutal conflict that saw tens of thousands killed and wounded.

The resolution and the investigation are important steps towards breaking the cycle of impunity that fuels ongoing and serious human rights violations in Sri Lanka today.

“It is important that the UN High Commissioner for Human Rights is provided with the necessary material and political support to make its investigation as robust and far reaching as possible, with the aim of ensuring that the truth is finally established so that impunity is tackled,” said David Griffiths.

This is the third resolution by the UN Human Rights Council aimed at ensuring accountability for violations committed by both sides during Sri Lanka’s conflict.

Despite two prior resolutions by the Council in 2012 and 2013, Sri Lanka has failed to take effective steps to deliver justice for the victims of its civil war, which ended in 2009. Instead, it has launched an aggressive campaign against those who advocate for accountability and an end to impunity for human rights violations throughout the country.

Allegations have been made that, during the final stage of the armed conflict, government forces intentionally shelled civilians, blocked food and medicine from reaching communities and executed prisoners. Meanwhile witnesses say their armed opponents, known as the Liberation Tigers of Tamil Eelam (LTTE), recruited child soldiers, used civilians as human shields, and killed those who tried to escape.

Since the end of the conflict, human rights defenders, activists, journalists and civil society members who are critical of the government have regularly been threatened and harassed.

In the past fortnight, three human rights defenders have been detained and held on purported suspicion of terrorism.

On 13 March, Balendran Jeyakumari, an outspoken activist against enforced disappearances, was arrested with her teenage daughter by the Terrorist Investigation Department.

Amnesty International has documented the extensive use of torture at the centre where she is reportedly being held.

When human rights defenders Ruki Fernando and Father Praveen Mahesh tried to investigate her arrest and trace her daughter, they too were arrested on 16 March under the Prevention of Terrorism Act. They were released after international pressure.

“Not only have the Sri Lankan authorities failed to secure justice for war crimes and possible crimes against humanity, they are also actively targeting those seeking justice,” said David Griffiths.

“This resolution is important for those human rights defenders who have risked their lives and freedom to seek the truth and end the ongoing cycle of human rights violations in Sri Lanka. It is equally important for victims and families who have waited many years for justice.”

'I cried every day': inside Sri Lanka's 'No Fire Zones'

WEDNESDAY 26 MARCH 2014

Five years ago Dr Varatharajah Thariajah was given his freedom in exchange for refuting war crimes allegations against the Sri Lankan government. Today he tells Channel 4 News a different story.

'I Cried Every Day' Inside Sri Lanka's 'No Fire Zones' by nelvely

Rajapaksas Vs. Sri Lanka

By Tisaranee Gunasekara -March 27, 2014

“Patriotism is as….irrational as a headless hen.” - Ambrose Bierce (Collected Works)

Next to China, Vladimir Putin’s Russia is Rajapaksa Sri Lanka’s most reliable international friend. Nowhere has this been more evident than in Geneva this season. Moscow is at the forefront even now, opposing the US sponsored resolution and defending the indefensible record of the Rajapaksa regime.

Such unconditional support always comes with conditions.

Last week, the Russian Ambassador met External Affairs Minister GL Peiriswith a request[i]. Moscow wanted Colombo to support Russia in the ongoing Ukraine-Crimea crisis. That Sri Lanka is in no geopolitical position to openly back Russian actions in Ukraine is unarguable; Mr. Putin has annexed the territory of a tiny neighbour, and that constitutes bad news to all little countries with big neighbours. Equally indubitably, Sri Lanka is in no position to refuse Russia anything, given the Rajapaksas’ dependence on Mr. Putin’s goodwill in Geneva – and beyond. Had Sri Lanka issued a qualified statement, Moscow in turn may have toned down its support for Colombo in Geneva. So Sri Lanka was forced to take a stand blatantly inimical to her own national interests, a stance which can boomerang on her, if someday she is faced with a real threat to her own sovereignty and territorial integrity from her giant neighbour.

President Mahinda Rajapaksa had reportedly berated his Foreign Minister for backing Russia’s naked violation of Ukraine’s territorial integrity. Minister GL Peiris, whose chief interest is in keeping his job, would not have dared to remind his Master that it is thanks to Rajapaksa greed and Rajapaksa obduracy that Colombo is in no position to refuse Moscow – or Beijing – anything. Read More

Sri Lanka sizzles at UNHRC

After two-hour furore US resolution passes with 23 votes for, 12 against, 12 abstentions
Sharp divisions emerge at Council on US resolution on Sri Lanka
Dramatic scenes at UNHRC as China and Pakistan try to stall proceedings
11th-hour shocker as India decides to abstain on vote
Pakistan mounts challenge on funding, suggests no action motion on resolution
UNHRC says funding will be additional appropriation from budget
Resolution mandates ‘comprehensive investigation’ by OHCHR
42 countries sign on as sponsors of US resolution on Lanka

By Dharisha Bastians-Thursday 27th March 2014

The United Nations Human Rights Council has launched an international probe into alleged rights violations during the last seven years of Sri Lanka’s war, but there were tense moments and dramatic scenes on the floor as the US-led resolution came up for vote in Geneva yesterday.
The 47-member Council adopted Resolution A/HRC/25/L.1 after two hours of tense debate and stall tactics by member states aligning with Sri Lanka, but ultimately passed 23-12 in favour of the US move. Twelve member states abstained from voting. The resolution had 42 co sponsors.
India’s abstention at the vote was by far the most shocking development during yesterday’s proceedings, with the country on the cusp of Parliamentary polls next month. The country’s Permanent Representative to the UN in Geneva Ambassador Dilip Sinha said India firmly believed that adopting an intrusive approach that undermines national sovereignty and institutions was counterproductive.
“The resolution is inconsistent and impractical in asking both the Government of Sri Lanka and the OHCHR to simultaneously conduct investigations,” the Indian Ambassador said.
South Africa, which has been engaging with Sri Lanka on a potential Truth and Reconciliation Commission, also abstained from voting.
However, many African nations abstained or voted in favour of the US resolution.
Pakistan, which slammed the US resolution as being “more about politics than human rights,” mounted two challenges to the US resolution while it was on the floor of the Council.
The Pakistan delegation insisted that the Council did not have the funds at the present time to launch the investigation into Sri Lanka. “Where is this money going to come from? If it comes from the co-sponsors, this investigation will be seen as tainted,” the Pakistan representative charged after the UN said the inquiry by the OHCHR would require additional funding.
Pakistan then called for a no action vote on the resolution to postpone the discussion since funding was unavailable. The vote was defeated, 25-16 in favour of the US and other co-sponsors.
Pakistan also insisted on a vote on Operative Paragraph 10 of the US-sponsored resolution which sets up the OHCHR probe into violations in Sri Lanka. The vote was also won by the co-sponsors, who won 23-14 with 10 abstentions to keep the key paragraph.
“The international community has become increasingly concerned by the continued lack of progress in achieving reconciliation, justice and accountability for serious allegations of violations of international human rights law and international humanitarian law,” Paula Schriefer, Head of the US delegation, told the Council.
The Government of Sri Lanka categorically and unreservedly rejected the resolution. Sri Lanka’s Permanent Representative to the UN in Geneva Ravinatha Aryasinha asked member states of the Council to appeal to their conscience. “Sri Lanka has embarked on a painful path to national reconciliation. Don’t put spokes in the wheel,” he charged.
‘Sri Lanka categorically and unreservedly rejects this draft resolution as it challenges the sovereignty and independence of a member state of the UN… and is inimical to the interests of the people of Sri Lanka,” the Sri Lankan envoy said before the vote.

‘We Are Extremely Disappointed On India’s Abstain’ Says TCSF

March 28, 2014

While expressing its appreciation for those countries that sponsored and voted for the resolution on promoting accountability, reconciliation and human rights in Sri Lanka last night, the Tamil Civil Society Forum (TCSF) says; “We are extremely disappointed that India chose to abstain during the vote on the full text of the resolution and to vote for the motion that sought to delete the paragraph (Operative Paragraph 10) in the resolution authorising the OHCHR to undertake investigations.”

Rt. Rev. Dr. Rayappu Joseph

Issuing a statement on behalf of the TCSF , Rt. Rev. Dr. Rayappu Joseph(Bishop of Mannar) and Kumaravadivel Guruparan (University of Jaffna) said; “We deeply regret that this resolution does not provide for the establishment of a robust mechanism of international investigations in the form of an International Commission of Inquiry. We are also concerned that the Office of the Human Rights Commissioner’s mandate for investigations has been limited to the Lessons Learnt and Reconciliation Commission’s time framework. The resolution does not explicitly provide her office the authority to investigate on going violations.

“With regard to Operative Paragraph 6 of the resolution we reiterate that the13th amendment provides no basis for a political solution of the Tamil question. The narrative of the preambular paragraphs, we note with regret, does not take into consideration the specificity of the problems faced by the Tamils.

“We are concerned that despite the resolution and the debate leading up to it, the plight of the Tamils continue and continue to escalate. We wish to stress upon the International Community, the need to take bold, firm and decisive steps that will be necessary to address the ongoing suffering of the Tamils.”

Countries Supported Sri Lanka Are “Not Free Countries”

March 27, 2014

The 12 countries that voted against the Sri Lanka resolution today in the UN Human Rights Council are “not free countries” according to Freedom House and EIU Democracy Index.

The first column in the table below shows the 9 out of 12 courtiers are classified as ‘not free’ by Freedom House, and the other 3 countries are classified as ‘partly free’. The other column shows the countries rank on the EIU Democracy Index, the bottom entry is the average.

UN Rights Council: Crucial Vote on Sri Lanka Inquiry

The Human Rights Council needs to step in and act for justice because Sri Lanka has failed to do so. Instead of investigating those responsible for atrocities, the Sri Lankan government has cynically absolved its forces of any wrongdoing and lashed out at those seeking accountability. Passing this resolution will send a strong message to all victims of Sri Lanka’s war that they have not been forgotten.

Juliette De Rivero, Geneva director

International Investigation a Pivotal Step for Justice

MARCH 26, 2014

***Update: On March 27, 2014, the UN Human Rights Council passed the Sri Lanka resolution by a vote of 23 to 12, with 12 abstentions.

“The broad council support for the Sri Lanka resolution is a huge step forward for justice for all Sri Lankans,” said Juliette de Rivero, Geneva director, Human Rights Watch. “It’s now up to Sri Lanka and other countries to work with the UN human rights office to put this resolution into motion.”

(Geneva) – Members of the United Nations Human Rights Council should vote for a resolution calling on the UN’s human rights office to investigate allegations of war crimes by all sides during the final months of Sri Lanka’s civil war, Human Rights Watch said today. The vote on the resolution is expected this week.

The Sri Lankan government has failed to seriously respond to two previous Human Rights Council resolutions seeking national investigations into violations of international human rights and humanitarian law during the last stages of fighting with the Liberation Tigers of Tamil Eelam (LTTE), which resulted in the deaths of as many as 40,000 civilians.

“The Human Rights Council needs to step in and act for justice because Sri Lanka has failed to do so,” said Juliette De Rivero, Geneva director. “Instead of investigating those responsible for atrocities, the Sri Lankan government has cynically absolved its forces of any wrongdoing and lashed out at those seeking accountability. Passing this resolution will send a strong message to all victims of Sri Lanka’s war that they have not been forgotten.”

Under the current draft of the resolution, the UN Office of the High Commissioner for Human Rights is directed to undertake a comprehensive investigation into alleged serious abuses of human rights and related crimes by both parties and establish the facts of the crimes perpetrated with a view to avoiding impunity and ensuring accountability.

Sri Lanka’s 26-year civil war came to an end in May 2009 with the defeat of the LTTE. According to the report by a panel of experts appointed by UN Secretary-General Ban Ki-moon, government forces engaged in widespread abuses, including indiscriminate shelling of civilians, summary executions, and rape. The LTTE held civilians as human shields, used child soldiers, and killed families who tried to flee.

UN High Commissioner for Human Rights Navi Pillay reported in February that the Sri Lankan government’s failure to undertake a credible national process to address abuses “can no longer be explained as a function of time or technical capacity, but that it is fundamentally a question of political will.”

Although the conflict has been over for nearly five years, the government continues to use war era legislation, such as the Prevention of Terrorism Act, for political purposes – most recently to detain two human rights activists without charge. Those who speak out publicly on human rights abuses face harassment and threats, and have been subject to campaigns of intimidation in the government-backed media.

“This resolution provides Sri Lanka with a real opportunity to move forward on an issue of increasing international concern,” said de Rivero. “Sri Lanka should seize the moment and work with the UN to deliver what the victims of the war need: justice.”

After The Vote In Geneva

| by DR DAYAN JAYATILLEKA

“The passage of the resolution marks a historic moment…”

-R. Sampanthan, TNA leader (‘Tamil National Alliance Welcomes UNHRC Resolution’)

( March 27, 2014, Colombo, Sri Lanka Guardian) One does not have to agree with a single sentence of the strident stonewalling engaged in by the representatives of Sri Lanka in Geneva, in order to oppose the grotesque call for an international inquiry mechanism.

After the Vote in Geneva by nelvely

Re-Grouping LTTE: “What Action Member States Would Take If Confronted With Threat Of Re-Grouping Terror Networks In Their Countries”: Asks Sri Lanka

March 27, 2014

Sri Lanka asks states what action they would take if confronted with the threat of re-grouping terror networks in their countries

Exercising the right to reply on statements made regarding the arrest and detention of Balendran Jeyakumari, and the incidents in Killinochchi last week, Sri Lanka asked the member states at the 25^th Session of the Human Rights Council on 26 March 2014 how their respective countries would react if there was a credible threat of re-grouping terror networks and if they would remain passive bystanders or take proactive action to ensure terror networks were kept at bay.

Detailing the circumstances which led to the arrest of Jeyakumari, Sri Lanka, said the performance of this investigative action “should not be portrayed as selective, singling out of these individuals” and deplored attempts on the part of “interested parties to stigmatise the action of law enforcement authorities as an infringement when they were merely carrying out duties for purposes of national security”. Sri Lanka also stated that as there was “credible evidence of resurgence and revival of LTTE activity in Sri Lanka, masquerading these activities in the garb of human rights, impeded the legitimate exercise of protecting the citizens of the country from terrorism and protecting their right to life”.

Elaborating on the arrest, Sri Lanka pointed out that the recovery of an arms cache, evidence on attempts to reorganise and rearm the terrorist outfit, LTTE, and a shooting incident involving a LTTE terrorist named K. P. Selvanayagam a.k.a Gobi who was found in the residence of Jeyakumari and who had shot at Police officials and escaped, still remains at large. It was also noted that Jeyakumari’s daughter who was also at the scene, had been handed over to Probation and Childcare Services following magisterial orders.

Referring to the detention of Ruki Fernando and Father Praveen, after they were found to be visiting the scene of the crime and the residence of Gobi, the fleeing suspect, Sri Lanka observed that it provided sufficient need for an investigation to be launched into the nature of their involvement of these individuals with the main suspect. They were both released after due judicial process.

While appealing to the member states not to impede Sri Lanka’s quest to ensure that no resurgence of terrorism takes place in the country by misinformation and the wrongful portrayal and misrepresentation of facts, Sri Lanka reiterated that it would continue to maintain vigilance in the face of credible evidence on the resurgence of terrorist activities by the LTTE and would not be deterred in its bid to safeguard its citizens from the scourge of terrorism.

Attempts to gag the media that exposed the toxic waste water pollution of environment by Jiffy factory flop

(Lanka-e-News- 26.March.2014, 11.30PM) The second attempt made by the Norway Jiffy factory that is a source of grave danger to human lives at Kobaiygane village and which is releasing dangerous contaminated chemical wastes to the environment, to gag the media that is exposing the factory’s deadly poisonous activities had flopped once again.

On the first occasion when, a court injunction was sought against the media that exposed this dangerous waste water disposal of the Jiffy factory to the Deduru Oya , the High court judge Pradeep Hettiarachi who heard the case decided that the media has a right to reveal and report in the best interests and welfare of the people , and while saying that he rejected the injunction order petition.

Subsequently , the officials of the Jiffy factory filed a case in the appeal court against this court order. The judges , H.C. Madawala and Lyon Seneviratne who heard the appeal day before yesterday upheld the decision delivered by judge Hettiarachi of the High court while rejecting the appeal of the Jiffy factory.

The Jiffy factory officials earlier filed action specially against the Randiva newspaper , and until the appeal was heard , the injunction order sought by the Jiffy factory to refrain the media from reporting the factory’s deadly and dangerous activities directed against the people was also rejected by the appeal court at the previous sessions.

The lawyers who appeared on behalf of the Randiva newspaper pointed out supported by evidence that the Jiffy factory is releasing its chemical waste water into the Deduru Oya without obtaining the permission from the environmental authority which is the duly appointed authority for Wayambe environment issues. They also proved that Jiffy is the only factory that is using the chemical calcium nitrate in the production of fiber and this method is now obsolete in the world . By this waste water which is not purified being directed to the Deduru Oya , not only the people who are now living , but even those babies to be born in Sri Lanka are imperiled due to the risk of birth of diseased ‘blue babies’ . The lawyer explained at length substantiating his arguments with evidence to enlighten the court on the grave risks and alarming perils in this factory waste disposal recklessly done uncaring for human lives and the environment.

In the report dated September 2 nd 2013 signed by Assist .Director , Central environmental authority , Colombo, D M K Dissanayake , it is revealed that this factory does not have the environment protection license . By this huge quantity of contaminated waste water being released to the surroundings without any methodology to purify it , the source of water supply is seriously endangered, it added..

It was recommended that a standard be adopted in the disposal of these wastes , but at present without considering these recommendations, the waste water being released to the Deduru oya confirms that the charges mounted against the factory are true, the report further noted.

Despite there being such an express and explicit report , it is to be regretted that the Wayambe provincial council chief (thief) Minister Dayasiri Jayasekera and Wayambe central environmental authority are dead silent over this allowing the factory owners to carry on regardless of environmental pollution and dangers it poses to human lives after secretly accepting bribes from the factory owners , it is learnt , when they should in fact spearhead this people's campaign in the larger interests of the country.

Concerns Raised Regarding AG Dept. Conduct In British Aid Worker Murder Case

March 27, 2014

Concerns have been raised regarding the conduct of the Attorney Generals departments prosecuting officials after they refuses to re examine to re examine the main witness at the trial into the murder of British Aid worker Khuram Shaikh.

In criminal cases once a witness gives evidence the witness is subject to cross examination by the other party. During the cross examination the main evidence of the witness is attempted to be broken by either insinuating that the evidence is false or by attempting to discredit the witness.

The defence counsel during today’s cross examination attempted to show discrepancies in the statements she made to the police, hospital and others immediately after the incident after which she pleaded with the court to understand her state of mind at the time.

However, in normal circumstances the prosecution would re examine a witness in order to clear any doubt that May have arisen during cross examination, which to the surprise of packed court room did not take place. When asked by the judge if the special prosecutor appointed by the Attorney General wishes to re examine the witness he declined to do so, thereby effectively concluding the evidence of the prosecutions main witness.

The girlfriend of the deceased Victoria Alexandrovna giving evidence at the Colombo High Court today told court to give consideration to the state of mind she was in when she made initial statements to the Police.

” I lost the person I loved the most, and he was murdered by the accused. I was gang raped. I knew this because of the bruises I suffered and the severe pain I had on my lower body after I regained consciousness” she told the court in Russian, which was translated into Sinhala.

Defence Attorneys including Jayantha Weerasinghe PC, Kalinga Indrathissa PC and U.R De Silva defended the accused.

The Attorneys Cross examined the witness on all aspects of the evidence and the circumstances of the incident.

While giving evidence, Alexandrovna said that she recalls “a man with curly hair” being among those who assaulted her.

However, the Prosecution did not ask her if the man with curly hair is on the dock.

The third accused, the Chairman of the Tangalle Pradeshiya Sabha possesses curly hair.

Many Lawyers present in the court and journalists were of the opinion that Prosecuting Counsel did not object to the questions posed by the Defence Lawyers.

The prosecution was led by a special prosecutor appointed by the Attorney General Sujeewa Mudalige.

The trial will resume on March 31.

McGill student rejected as voter in Quebec election despite living in province since 2009

Kokulan Mahendiran, who has lived in Quebec since 2009, was told “I don’t believe you’re domiciled” by a polling official.

Tristin Hopper | March 26, 2014
When Ontario-born McGill student Kokulan Mahendiran went to vote at a Montreal voter registration station on Monday, he brought a manila folder full of proof that he has lived in the city since 2009: Bank statements, a Quebec driver’s licence, proof of membership in a local riding association, and even recommendation letters from Liberal MP Marc Garneau.

McGill student rejected as voter in Quebec election despite living in province since 2009 by nelvely