UN asks Rajapaksa government to honour commitments made in 2009

 Sunday, 13 April 2014 

The United Nations has while recalling the commitments made by the Sri Lankan government in its joint statement with UN Secretary General Ban Ki-moon in May 2009 and has called on Sri Lanka to remain committed to its undertaking.

The UN spokeswoman Eri Kaneko has told the Daily Mirror that the UN urged the Sri Lankan government to constructively engage and cooperate with the OHCHR in implementing the resolution adopted at the 25th UNHRC session in March.

She has made these comments in response to several statements made by the government recently on the upcoming investigation by the Office of the High Commissioner for Human Rights (OHCHR) on alleged violations of human rights and humanitarian law during the conflict period in Sri Lanka.

Kaneko has also referred to External Affairs Minister G.L. Peiris’s statement that the resolution was not welcome in Sri Lanka.

“The Secretary-General has consistently underlined the importance of an accountability process for addressing violations of international humanitarian and human rights law in Sri Lanka. He welcomes the determination by the HR Chief to advance accountability and promote lasting peace and reconciliation in the country,” Kaneko has said adding that the UN would remain engaged with Sri Lanka to support efforts to make progress in accountability, reconciliation and a lasting political solution.

CARIBBEAN VIEW: Sri Lanka – Straining the Commonwealth

Sir Ronald Sanders

Thursday, April 10, 2014

The Commonwealth of 53 nations is facing yet another ordeal because of the government of Sri Lanka.  This time the Sri Lankan government is refusing to co-operate with a UN-mandated investigation.

CARIBBEAN VIEW Sri Lanka – Straining the Commonwealth by nelvely

Wiggie Vs Dayan And The Self-Determination As A 21-C Concept

By Kumar David -April 13, 2014

Prof. Kumar David

Wigneswaran and Dayan need to update their categories. Justice CV Wigneswaran (CV) made a splendid presentation at the Bernard Soysa 100-th birth anniversary commemoration and Dr Dayan Jayatilleka (DJ) respondedin newspaper and web. The polemic is about one aspect of CV’s address, Self-Determination. I have the temerity to wade into this clash of giants with a correction; both these mighty intellects are stuck with concepts, which unless refined for modern times, have outlived their usefulness. Concepts likeSelf-Determination and Secession should be used in current discourse, taking into account both their methodological origin (mostly in Leninist discourse) and also accompanied by an exercise in lateral thinking that adapts them to globalised 21-st Century reality.

CV’s use of the terms State and Nation (capital S and N) is impeccably Leninist.

“A State with a capital ‘S’ may mean a self governing political entity recognized by the international community as a distinct state or a division of a federal entity. In the first sense it can be used interchangeably with ‘Country’.  But a Nation is a tightly knit group of people who share a common culture and perceive themselves as such. A Nation State is a Nation, which is coterminous with the borders of a State. Nations are groups of people having relatively greater cultural homogeneity, and perceive themselves to be distinctive.  They are generally larger than a single tribe or community, and share a common language, institutions or religion or religions, and historical experiences”.

                                Read More

Minority Report: Sri Lanka’s Tamil Question

A Response to Profs Kumar David & Laksiri Fernando

| by Dr Dayan Jayatilleka

“The multitude of workers and peasants…cannot allow the dismemberment of the nation…”

- Antonio Gramsci (1919)

“Gramsci’s strategy follows from his concept—quite original in Marxism, of the working class as part of the nation”

- Eric Hobsbawm (‘Gramsci and Political Theory’)

( April 13, 2014, Colombo, Sri Lanka Guardian) Intervening in the debate on Tamil nationhood and self-determination Prof Kumar David accuses me of abandoning my youthful Leninism (‘Self-Determination as a 21-C Concept-Justice Wigneswaran and Dr Jayatilleka use outdated categories’, Kumar David, Sunday Island, April 13th 2014). I debated Prof Kumar David on the same question exactly three and a half decades ago in the Lanka Guardian. I was twenty two. In the latter half of my fifties I am far too old, and the Sri Lankan crisis has gone on for far too long, at the cost of at least one blighted generation, to permit myself the indulgence of existential experiments and adventures with ideological prisms, tattered maps and rusted weapons. To me, ideology, Leninist or otherwise, has little to do with my practice as a political scientist, analyst and ‘public intellectual’. I try my poor best to get at the fundamentals, the essence and the real dynamics of things. Lenin matters as a political thinker and practitioner of genius. To me, as a political scientist working in the 21st century and in the global south, Gramsci matters even more.

Minority Report Sri Lanka’s Tamil Question by nelvely

Sri Lanka travel advice From GOV.UK

GOV.UK

• GOV.UKStill current at:
    13 April 2014
• Updated:
    11 April 2014
• Latest update: Summary – designation of certain groups and individuals for purported links to terrorism

You need a visa to enter Sri Lanka. See Visas.

On 21 March 2014, the Sri Lankan government designated 16 organisations and 424 individuals, including the British Tamils Forum and Global Tamil Forum, for purported links to terrorism.

Foreign nationals, with the exception of media crews, no longer need permission from the Sri Lankan Ministry of Defence before travelling to the northern districts of Jaffna, Kilinochchi, Mannar, Mullaittivu and Vavuniya. Military activities are ongoing and you should obey orders from the security forces and signs warning of the danger from land-mines. See Local travel - North

Political rallies in Sri Lanka have sometimes turned violent. You should avoid any political gatherings or rallies. See Political situation

There is an underlying threat from terrorism. See Terrorism

Most visits to Sri Lanka are trouble-free, but you should be aware of the risk of credit card fraud, road accidents, drownings and dengue fever which is transmitted by mosquito bites.

Sri Lanka can be affected by severe weather like tropical cyclones and monsoon rains. See Natural disasters

Take out comprehensive travel and medical insurance before you travel.

UK, Australia and Canada caution Tamil citizens over Sri Lanka's terror laws after diaspora bans 13 April 2014 Following the Sri Lankan government's proscription of 15 diaspora organisations and over 400 individuals, the UK, Australia and Canada cautioned Tamil citizens travelling to Sri Lanka of the country's terrorism laws.   In travel advice updated April 11th, the UK's Foreign and Commonwealth Office (FCO)stated:

UK, Australia and Canada Caution Tamil Citizens Over Sri Lanka's Terror Laws After Diaspora Bans by nelvely

UN panel will be monitored – Govt. 

By Sulochana Ramiah Mohan April 13, 2014
 

Sri Lanka will closely monitor the United Nations Panel of Experts (PoE) and those they are going to talk to in Sri Lanka, if the government decides to give the panel permission to visit Sri Lanka.
Government Spokesman, Keheliya Rambukwella, in an exclusive interview with Ceylon Today warned that if the PoE works contrary to the government's plans and activities, then serious questions would be raised on their presence in the island.
 

"We reject the resolution, we reject the PoE if they work contrary to the government's position, we reject the final report they would deliver to the UN with or without visiting Sri Lanka," he said. "We will raise questions about their visit and all depends on what they are going to say to all those questions we raise.
It depends on the PoE's terms of reference. If the term of references is contrary to the Constitution, contrary to the activities we carry out here, or contrary to the programme we have set out, we will raise questions."He even warned the witnesses the PoE would talk to. "If the witnesses' claims infringe the Constitution, we will take legal action against them," he said.
 

"We have listed persons and organizations, who are questionable and who went all over the world to discredit the country. We will not allow the PoE to make reports based on their records."
He pointed out that from the beginning, the government's position to date has been that the material, the information gathered and the final report that was produced at the UNHRC was biased and unwarranted with no transparency.
 

"It's not only us, even other member countries have completely disagreed to the setting up the PoE and made representations against it," the spokesman added.
When asked if Sri Lanka isn't compelled to work according to the US resolution, he claimed that "there is no compulsion and no one can force anything on us". "We are a sovereign nation and if they raise compulsion on us, then we will raise the question of US invasion of Iraq and the mass killing of Iraqis. The same 'champions' are now talking about human rights in Sri Lanka."
 

Not denying the fact that UN resolution is a serious issue, he also made it clear that Sri Lanka is not 'gullible'.
"We feel they are working on an agenda suitable to them," he stressed.
When asked isn't the government creating 'curiosity' in the minds of the United Nations by not allowing the PoE visit Sri Lanka, he said, "Principally, we are not agreeable. It must be a policy based investigation. So, why should we let any Tom, Dick and Harry come here and make claims?"
 

He also lambasted the UNHRC sponsored resolution."We are not concerned about Roman Statute and resolutions. What we are concerned about is that, there is an 'injustice' committed to us. And the fact is, it is 'forced' on a sovereign nation and the amount of focus and enthusiasm by the UNHRC on us, leads to a serious doubt.
We will not accept that the US is the 'international police.
 

"Each one can come up with their speculations, like sanctions and the leader can be tried in Court. We are confident that they will not be able to do that. Even if they bring sanctions against us, we will take it up case by case and obtain justice," he added.

Modi Victory For Sure And Approaches For Tamils

By S. Sivathasan -April 13, 2014

S. Sivathasan

When a nation’s economic priorities demand rearrangement, political philosophy too turns colour. India has come to this nodal point. Kept back by indifference and indecisiveness, rapid growth is seen as the route to compensate for past default. The tempo of political change unleashing itself at the Lok Sabha election is now at fever pitch. For a fundamental change in the destiny of India, firstly party fortunes have to be reordered. In a nation of over a billion people, more than half a billion have begun to wield the powerful vote to realize a future of value and purpose.

The stance they are expressing is determining the strength of political parties. The country can see a drastic difference that is coming about. It is said that in any nation those with heightened social consciousness are about 6%. This translates to a compact entity of 50 million in India, among the most formidable one-sixth of the world’s adults. It is an upheaval spearheaded by them that the world is witness to. What has churned it has been adequately examined. It would suffice now to assess how power will be distributed by a populace that has lost its patience. How much concentration at the centre? What is the geographical spread?

In a constitutional arrangement where the winner takes all, how will that power be converted into authority? When the latter is extended to the far corners, how effective will it be at the extremities, say Kashmir and Kanniyakumari? Power will necessarily be stepped down compared to the generation centre that is Delhi. But how well can the transformers be primed? To what degree can conveyance losses be reduced? Facing a more knowledgeable intelligentsia, these are far greater challenges for Modi to manage, than they were for Nehru or Indira.

To analyze the correlation, first the seat apportionment to parties by the electors needs to be assessed. The most essential departure is to dislodge a party that has governed India for almost 85% of the time since independence. A decisive choice on this occasion falls on a party; the BJP that shared the opportunity for only 10% of the time. A close and sensitive look at the mood of the electorate conveys a very clear image of coming events. What is the pattern in this unfoldment?

Unprecedented Performance                                                  Read More   

Continuing Detention of Tamil Women and a Girl Child under the Prevention of Terrorism Act

Image courtesy Sri Lanka Brief

by Womens Action Network 

- on 04/13/2014 

In 2009 the government announced that the LTTE has been wiped out from the country with the end of the armed conflict. However, in the past few weeks there have been a number of arrests, including of women under the Prevention of Terrorism Act (PTA) supposedly to investigate and counter a renaissance of the LTTE. Most of these arrests were in connection to the search for a man called Gopi who according to media reports quoting  military and police spokespersons was killed along with his two associates on 11 April 2014 and that they  been buried at  state expenses on 12 April in Anuradhapura. Those arrested in connection to these men are still being kept at Boosa camp, in Colombo’s the 2nd and 4th floor of the Terrorism Investigation branch, and in the Vavuniya Terrorism Investigation Division (TID). In these TID and military joint operations men, women, the elderly and children have been arrested.

Continuing Detention of Tamil Women and a Girl Child Under the Prevention of Terrorism Act by nelvely

Now that Gobi is dead, Jeyakumari must come home

12/04/2014

We have just released a statement in response to the Government of Sri Lanka's announcement that they have killed the wanted LTTE revivalist "Gobi". 

As we said in that statement, "There was never any credible evidence produced to link Jeyakumari Balendran or any of the other people arrested to Gobi, and their detention had always appeared to have more to do with maintaining a climate of fear, and preventing communication with the outside world, than it did with security concerns."

"Now that Gobi is no longer at large there is no longer even the illusion of a reason to continue to detain these people. They must be released without delay."

Jeyakumari Balendran and at least 60 others remain in Boosa detention centre, a place notorious for torture. No evidence has ever been produced against any of them, and Jeyakumari at least has now been detained for a month. They must be released, and the draconian law that has been used to keep them in jail must be repealed. 

If they are not, the international community needs to take strong steps against the Sri Lankan Government. Only this will change their mind. We are suggesting that all members of the TID (Terrorist Investigation Department) - the organisation that is responsible for these detentions - be denied visas to travel abroad until Jeyakumari is released. 

Please write to your Government, and make that argument. You can contact the British here, and the Americans here. A sample email is included below. 

Sample email 

Dear xxxx,

Jeyakumari Balendran, a prominent human rights activist, and at least sixty others remain in detention in Sri Lanka's notorious Boosa prison. No evidence has ever been produced against any of them, but the Government of Sri Lanka says that it needs to question them in connection with their hunt for Selvanayagam Kajeepan AKA Gobi.

Now that Gobi has been found, these people must be released and the draconian law that has been used to keep them in jail  (the PTA) must be repealed. If they are not then the international community needs to take strong steps against the Sri Lankan Government. Only this will change their mind. I suggest that all members of the TID (Terrorist Investigation Department) - the organisation that is responsible for these detentions - be denied visas to travel to our country until Jeyakumari is released.

Kind regards

BBS & Plots

| by A Special Correspondent

( April 13, 2014, Colombo, Sri Lanka Guardian) Once again BBS is making trouble in Sri Lanka. It has been quiet for some time and they have been waiting until UN votes against Sri Lanka is over and now they have making trouble against all minority communities in Sri Lanka. 

BBS & Plots by nelvely

BBS Classified As A Terrorist Organization By Terrorism Research & Analysis Consortium

April 13, 2014 

The Terrorism Research & Analysis Consortium (TRAC) has classified Sri Lanka’s Bodu Bala Sena as a ‘terrorist organization’.

When Colombo Telegraph asked why the TRAC profiled the BBS as a terrorist organization, the TRAC said; “their actions resemble acts of terror against soft targets as well as infrastructure that symbolises Muslim and Christian religions. Their acts indicate a willingness to engage in violent acts as to further their cause.”

“You must keep in mind that TRAC’s classifications are based on indicators, such as extreme intolerance, using intimidation and violence as to spread a message of fear amongst opponents as well as propaganda statements based on the spread of an uncompromising stance towards opposing groups or governments. We do not list groups on the principle of legality, but the analysis of activities and statements.” the TRAC further said.

BBS On The Warpath

• Muslims Threaten To Boycott Parliament

By Waruni Karunarathne

Sunday, April 13, 2014

The Bodu Bala Sena was at it again! This time they stormed a press conference and verbally abused a monk and a Muslim cleric over a resettlement issue and all this in front of the police officers who stood there doing nothing.

BBS on the Warpath by nelvely

Bathiudeen likens the BBS to the LTTE

 Sunday, 13 April 2014

Leader of the All Ceylon Makkal Congress (ACMC), Minister Rishad Bathiudeen has likened the Bodhu Bala Sena (BBS) to the LTTE.

He has said the BBS seems to be running a parallel government like that of the LTTE during its existence, to strike any place at any time with ease without being questioned from the powers that be and go scot free.

The Minister issuing a statement has also called for the appointment of a Commission of Inquiry (COI) to look into the incidents against minorities in the country.

Condemning the recent actions of the BBS, Bathiudeen has said that the “audacity” of the BBS to publicly declare themselves as an unofficial police force has not been brought into question.

He has said the BBS has for the last two years been running amok targeting the minorities in general and the Muslim community in particular and the failure on the part of the law enforcement authorities to halt the dastardly behaviour of this organization has emboldened its members to intensify their acts even in front of the media.

Meanwhile, the Muslim Council of Sri Lanka has in a letter to Defence Secretary Gotabaya Rajapaksa, brought to his attention the continued intimidation and hate mongering carried out by the BBS led by Ven. Galagodaththe Gnanasara Thero and a few other extremist groups against the minority communities and others who speak up against their hate campaigns.

The Muslim Council has said the ability of the BBS to intimidate citizens of this country with impunity is of grave concern to all peace loving Sri Lankans.

Minister Rishard Bathiudeen Apologizes To Court

March 14, 2014
Minister Rishard Bathiudeen, who intimidated the Manar Magistrate in 2012 October leading to the first ever strike in the Sri Lankan judiciary tendered an apology to the judiciary and the Magistrate of Mannaer.  After the attack, senior lawyers filed a contempt of court application in the Court of Appeal moving to deal with the Minister for Contempt.

Minister Bathiudeen

When the contempt of court application came up before the Court of Appeal today, Faiz Mustapha appearing for the Minister tendered the apology. 

Romesh de Silva PC while setting out the terms of settlement in the Contempt of Court case against Minister Rishard Bathiudeen, paid special tribute to the senior lawyers who were the Petitioners in the case. He praised them for taking a bold step by giving their names to be Petitioners in this application amidst heavy pressure, in order to ensure the application of the Rule of Law and the protection of the independence of the judiciary.

In this case seven senior lawyers instituted proceedings against Minister Rishard Bathiudeen for contempt of court in respect of actions taken by him in Mannar.

When the case was taken up Faiz Mustafa PC raised a preliminary objection that Minister Rishard Bathiudeen does not have to plead to the charge of contempt. This objection was overruled by the Court of Appeal and the appeal made against the said order was dismissed by the Supreme Court. Accordingly Bathiudeen pleaded not guilty to the charge of Contempt of Court.

When the matter came up on the 14th March 2014 (yesterday), Bathiudeen admitted that his phone was used for abusive phone calls made to the Mannar Magistrate and apologized for it. Accordingly terms of settlement were entered and the said terms are set out in full below.

“…Whereas the Petitioners have filed this Application before Your Lordships’ Court solely in order to uphold the dignity and independence of the judiciary in the Republic of Sri Lanka;

AND Whereas this application by seven members of the Bar of Sri Lanka has received wide publicity and the support from the Bar and persons upholding the Rule of Law;

AND Whereas the level of publicity and support has amply and suitably demonstrates and conveyed the high regard and esteem enjoyed by the judiciary of Sri Lanka;

AND Whereas the Respondent regrets that the telephone registered under his name has been used to make the telephone calls which forms the subject matter of these proceedings and apologizes for the unauthorized use of the telephone in the said way;

AND Whereas the Respondent states that he has the highest respect for the members of the judiciary and condemns any act which violates the dignity and esteem of the judiciary or that which violates the independence of the judiciary and apologizes to the Honourable members of the judiciary for the telephone registered under his name being used to make the telephone calls that forms the subject matter of these proceedings;

AND Whereas the Respondent regrets the pain of mind if any caused to A. Judeson Esq, the then Honourable Magistrate of Mannar;

AND Whereas ,in the aforesaid circumstances, the Petitioners are satisfied that the objective of instituting these proceedings , namely to uphold the dignity and independence of the Judiciary have been fulfilled;

AND further whereas   the Respondent has subscribed to this motion to confirm the assurances given by him and whereas theAttorney-at-Law for the Respondent too has subscribed to this motion in confirming the assurances given by the Respondent, the Petitioners humbly move to terminate these proceedings…”

Romesh de Silva PC with Ikram Mohammed PC, Sanjeewa Jayawardena PC, Saliya Peiris, J C Weliamuna, Sugath Caldera, Shanaka Cooray, Eraj de Silva and Milhan Mohammed appeared for the Petitioners.

Faiz Mustafa PC with M M Zuhair PC and Hejaaz Hisbullah appeared for the party accused Minister Rishard Bathiudeen.

Saffron robed destroyers of Sinhala-Buddhism 

April 11, 2014

Can there be a more loathsome sight on earth than that of rampaging Buddhist monks in saffron robes? The sight is made doubly loathsome, because a ‘rampaging monk’ is a contradiction in terms – something that cannot be. The Buddhist expectation is that a monk in particular will have at least an outward demeanour of restraint.  Those familiar with the Vinaya rules will know how much emphasis is placed on the maintenance of this outward appearance of poise and self control by monks even though the monk may not be feeling any calm at all within. In Buddhism, inward calm is acquired through understanding, but the emphasis in the Vinaya is to control the outward appearance of the monk regardless of his actual state of mind. It is said that Emperor Asoka of India first evinced an interested in Buddhism because of the outward demeanour of a novice monk he saw on the street. Had Emperor Asoka seen a marauding monk as in latter day Sri Lanka, instead of that novice monk of yore, he would have personally seen to it that every Buddhist monk in his empire was beheaded and the religion itself destroyed.    

Saffron robed destroyers of Sinhala-Buddhism by nelvely

‘I Give Dhanapala The Benefit Of The Doubt’ Says Radhika

April 13, 2014 

“I have known Mr. Dhanapala for many years. I have always known him as a man of great integrity and independence. I would therefore give him the benefit of the doubt and would not want to make any judgment until I know all the facts and have heard his version of this whole dilemma,” wrote Radhika Coomaraswamy, in response to a request for comment, from Colombo Telegraph, on what has been characterized by others, as an “ethically untenable” position Ambassador Jayantha Dhanapala is in, as a director of Dialog Axiata PLC and a member of the Friday Forum.

Radhika Coomaraswamy

Friday Forum member Coomaraswamy’s position is that, “The only facts we know have been presented by CT and of course you are a party to the conflict.”

There are, however, no facts that are in dispute. There is no dispute that Ambasidor Dhanapala is a director of Dialog Axiata PLC. Neither is there a dispute that he is a key member of Friday Forum.

A few days ago, Dr. Paikiasothy Saravanamuttu said,  “Given the information now in the public realm,  I believe that the two positions – one within Dialog which blocks Colombo Telegraph and the other within Friday Forum which champions democratic governance – are incompatible. In that position, I would choose between them.”

“I am at the moment in New York teaching at NYU and have not met Mr. Dhanapala. However I completely agree that the blocking of your website is a complete violation of freedom of expression and a denial of the public’s right to know.” Coomaraswamy further said.

Related posts;

Nare Bandaranayake Raising Funds For Cancer Research

April 13, 2014

Nera and Swarna





Nare Bandaranayake is raising funds for Cancer Research UK. She is running the Race for Life in Regent’s Park this May 31st.

Nare says; “In 2011, I ran (well, walked) this race in the memory of my best friend’s father who passed away from pancreatic cancer that year. Since then the spectre of cancer has come closer and closer to my own home, and in February 2013, my mother was diagnosed with breast cancer. Since then, we have had a number of close friends been diagnosed with various forms of this awful disease – lung, liver, duodenum, prostate, throat and even tongue.”

To donate click here

Cancer Research UK is the world’s leading charity dedicated to beating cancer through research. We are fighting cancer on all fronts, finding new ways to prevent, diagnose and treat it to save more lives. We are entirely funded by the public. With your help, we can ensure more people beat cancer.