Court summons Wildlife Minister

August 4, 2014

The Court of Appeal today issued notice on two persons including the Minister of Wildlife and Conservation, Vijith Vijayamuni Soyza, over a petition filed by several environmental groups.

The petition seeks the retrieval of two baby elephants handed over to the Pannipitiya Dewramvehera and Kurunegala Athkada Viharaya by the Wildlife Conservation Department. 

Therefore the Minister and another individual have been summoned to testify before the court regarding the incident. 

Judge keeps baby jumbo illegally!

Monday, 04 August 2014 

An audit revelation by the Auditor General’s Department exposes that a baby elephant being reared by Colombo Fort magistrate Thilina Gamage has been obtained illegally.

The Department has checked files for four baby jumbos said to be kept illegally in relation to an audit inquiry sent to the secretary to the Wildlife Resources Authority dated 22 July 2014 and with reference no. TH/L/2013/VV02.

Of the files numbered 331, 334, 358 and 359, the 334 file is for the one being reared by the magistrate. Statements have been recorded from the veterinary officer who has issued the relevant certificates, divisional secretaries, subject clerks and others.

The inquiry has established that the documents for the judge’s baby elephant are fakes, and by letter dated 26 October 2012 and no. VV5/1/1-334 the license has been cancelled.

Later, the incumbent director general has re-issued the license in 2013. All the information has been revealed in the audit inquiry report. It establishes that all four baby elephants, including the one being kept by Thilina Gamage, had been obtained illegally.

When contacted, secretary to the Ministry of Wildlife Conservation Udaya Wickremasinghe confirmed receiving the audit inquiry report in question. The ministry should respond within two weeks, and the report has been referred to the director general for that purpose, he said.

Vimukthi Weeratunga of the Biodiversity Conservation Centre said they would keep a close watch on what action the legal quarters would take with regard to this matter, adding that the director general of wildlife should be held responsible.

One-and-a-half cheers

Editorial-August 3, 2014

On Friday night, the police rescued a little boy who had been abducted by a gang on Monday. The CID was called in as no breakthrough had been made until Friday morning and the mission was accomplished in record time. All four abductors who had demanded a ransom of Rs. 10 million for releasing the child were also arrested.

The police deserve praise for another successful operation. Police Spokesman SSP Ajith Rohana boasted, at a media conference, on Saturday, that the latest technology had been used to solve the crime. On listening to the smooth-tongued officer, the naïve may have thought our police were on par with Scotland Yard where the use of technology in criminal investigations was concerned. But, the fact remains that most police stations claim they are without enough vehicles even to respond to emergencies and, therefore, dependent on tuk-tuks. Is it that some pre-deluvian methods such as examining CCTV footage, wire tapping and call tracing have come to pass for the latest technology in this country?

The police have proved once again that they are capable of solving crimes efficiently against numerous odds if they are prodded into action. The Police Spokesman told the media on Saturday that President Mahinda Rajapaksa himself had ordered a high-level investigation into the abduction. One is somewhat intrigued. It looks as if the country had come to such a pass that crimes do not get solved unless the head of state makes an intervention.

However, while the police are flaunting the laurels they have won as regards Friday’s rescue mission—and justifiably so—it needs to be added that some crimes against even police personnel have gone unsolved. The killing of Inspector Douglas Nimal and his wife way back in 2006 in a Colombo suburb is a case in point. Their two children were orphaned and the country lost a veteran drug buster. In a report we published a few days before that tragic incident we quoted IP Nimal as saying that he feared for his life. Outspoken and independent, he had made many enemies in the Police Department.

The police ought to explain why they have failed to bring those who gunned down Nimal and his spouse to justice? Will they reopen the case apparently relegated to the X-Files, as it were, and ensure that justice is done albeit with delay if the President tells them to do so?

A highway cop has recently resigned in protest against the manner in which the police are investigating an incident where he was assaulted and his car set on fire. He believes there is a connection between a brush he had with a government politician after booking the latter’s driver on the Southern Expressway for exceeding the speed limit and the subsequent attacks on him and his vehicle. The police are dragging their feet on the probe while promising to conclude it in a day or two.

Another policeman has been victimised as he refused to grovel before a crook close to the police top brass and threatened to expose some rackets his superiors were allegedly involved in. The constable was transferred posthaste to the Borella police station, where he was made to perform menial tasks like cleaning and sweeping by way of punishment and finally interdicted purportedly for speaking to the media. The police have outdone King Kekille, the legendary bovine monarch, who always punished victims and set perpetrators free. What prevents the police big wigs from giving the victimised constable an audience to see if there is any truth in his serious allegations against his superiors?

There are several other aggrieved police personnel who have been crying out for justice, but to no avail. Therefore, while congratulating the police on Friday’s successful rescue operation which has done their department proud, we give them only one-and-a-half hearty cheers.

Fighting corruption the PNG way ...And the Sri Lanka way 
By Rukshana Nanayakkara

Speculation has been rife about the transfer of the former Director General of the Commission to Investigate Bribery or Corruption in Sri Lanka. So far no official position had been given by the Commission itself or the government, which in principle has to stand for the independence and the proper functioning of the Commission.
 
Ceylon Today which broke the story quoted the Director General as saying she is unaware of the reasons behind her transfer. The non-response on the part of the Commission or the government paved the way for much speculation. Interestingly the transfer took place in the backdrop of a complaint to the Commission against its Chairman, Jagath Balapatabendi. According to newspaper reports the complaint against him continues to be un-investigated.
 
This is not the first time that a Director General of the Commission has been abruptly transferred. In 2008, Piyasena Ranasinghe, the predecessor of the previous Director General was also abruptly transferred to the Presidential Secretariat by the President.
 
The pattern of government interference in the work of the Sri Lankan anti-corruption commission is a reflection of the commitment and promise of the government to fight corruption in this country. The action comes despite the rhetorical promises by the President, powerful senior government officials and secretaries to eradicate the menace of corruption in the country. Interferences by the State and the powerful in the independent functioning of the anti-corruption commission is not just a Sri Lankan phenomena. However, the responses on the part of the Sri Lankan Government, the opposition, media and civil society drastically vary in comparison to similar instances in other countries.

Arrest warrant on PNG PM
In June this year, the Prime Minister of Papua New Guinea (PNG) removed the head of the country's anti-corruption task force after a warrant was issued by the task force for his arrest over corruption charges. The relevant charges alleged that the PM had authorized underhand payments worth millions of dollars to a law firm, which acted in collusion with the PM to loot money out of the country. The sacking of the head of the task force was accompanied by the sacking of a number of other public officials and police officers who were potentially to be involved with the investigation. This included both the Attorney General and the Police Commissioner of the country.
 
The Prime Minister's action outraged thousands of Papua New Guineans who gathered in the capital city to mark their protest against the government. International pressure mounted on the country demanding the PM to respect and honour the rule of law and the proceedings of the Court. The PM himself went to Court to have the arrest warrant against him nullified. However, the Court which upheld the request of the PM, which decision is under appeal at present, made orders to the government to reinstate the anti-corruption task force and appoint a new Attorney General and a Police Commissioner. It also ordered the PM to refrain from interfering with the work of the anti corruption task force.
 
Sri Lankan scenario
At present the PNG case is far from being resolved. However, the re-instatement of the task force and actions taken by the government to uphold rule of law of the country sparks hope for the future of the country and its integrity.

When compared with the Sri Lankan scenario, the example of PNG highlights somewhat a success story, reflecting the strength of people and the anti-corruption community who managed to stand against powerful parties with vested interests.
 
It is clear that both the State capture of the independent commission fuelled by the 18th Amendment and the weak opposition in Sri Lanka have enabled the government to have a free hand to transform the Sri Lankan anti-corruption commission into a political tool. Sri Lanka is far from following the PNG example where the media and the opposition followed the matter with vigour in the interest of the public. In this country we hardly witnessed any censure, protest or outpouring of disgust by the people over the issue. The opposition hardly spoke against the transfer.
 
As with any other public institution managed and run by the tax payers' money, the Commission at large is accountable to the people of this country. Given the stakes involved with the removal of the Director General, the Commission owes an explanation to the public, reasoning out the circumstances which led to the transfer.
As a matter of decency the failure of the Commission demands the resignation of the Commissioners. But this is a far-fetched idea in a political and administrative culture such as ours. Even so, at least a public apology is owed on the part of the Commissioners to the population at large. Sadly however, the Commission seems neither ashamed nor contrite of its own actions and omissions.
 
In this context it is worth quoting two examples highlighted in an article written by Niranjala Ariyawansha which appeared in the 28 July issue of Ceylon Today, as it aptly and remorsefully summarises the level of public accountability of the Commission to its people:
"The Bribery or Corruption Commission received a complaint several years ago against Minister of Ports and Ports Development, Rohitha Abegunawardhana, over the way he earned Rs 400 million. When media inquired about this from the Commission Chairman, Jagath Balapatabendi, he replied, "Yes, I remember that complaint but I don't know what happened to it. It was a complaint lodged before I took office."
 
"In 2014 a businessman from Maharagama called Dissanayaka was arrested by officials of the Bribery and Corruption Commission as he was soliciting a bribe from a person who complained to the Commission. Instead of remanding the suspect, he was admitted to the Colombo National Hospital. He was treated there for several months and acquitted on the basis that the evidence was not adequate. The suspect was revealed to be a close relative of a VVIP politician."

Sri Lanka’s suppport to Israel and satisfing Americans

[Gaza war; Yahoo Photo]

Wikramabahu Karunaratne –04/08/2014 

In the past few weeks most interesting things happened in the midst of tragedy and sorrow. Whole world was disturbed by what was happening in the Middle East. There were campaigns inside Lanka too, against the brutal shelling done by Israel. Even cabinet ministers were involved in organizing such demonstrations.

However in the middle of this turmoil it was revealed that Mahindra regime supports the state of Israel! In fact Lankan state is reconstructed recently to behave in the same manner as the Israel state. Also we were told that President Mahinda believes, the way to deal with national liberation terror is to crush them in the manner Israel is doing.

On that basis world support should be mobilized for Israel. All those conclusions can be made from what Sri Lanka’s Ambassador to Israel and former Chief of Staff Donald Perera said. He says, “No one wants bloodshed. The other side (Palestinians) should be offered direct negotiations, without preconditions, to determine its level of seriousness. These talks should focus on trying to reach a compromise that would allow both sides to sign an agreement. In case the other side shows it is not interested in a compromise, (Israel) must move on to the military phase with full force.

The government will have to explain to the citizens that (Israel) is headed for a long and difficult struggle that will exact a heavy price, but at the end of this struggle the country’s situation will be much better.” He added, “Once you have the public’s support, you should fight relentlessly until all of the terror hubs are destroyed. There is no going back. For years Israel has aided our war on terror through the exchange of information and the sale of military technology and equipment.” We should be thankful to Mr. Donald Fernando for coming out with the truth, which is not revealed by the leftist cries made time to time, by various ministers including president Mahinda himself. In such moments they imitate the behavior of Castro or Hugo Chaves and condemn the imperialist conspiracies of Americans!

It is in the light of ambassador’s revelation that we could understand the Presidential proclamation, came after five years of stringent denials and rejections, and zero casualty claims. President Mahindra Rajapaksa issued a proclamation recently, announcing the launch of a domestic investigation into alleged war crimes and the conduct of all those involved in the war. What is more he has enrolled the expertise of three of the world’s top war crimes prosecutors.

The suddenness of the move surprised even the cabinet ministers; in particular Wimal Weerawansa, who has displayed his rage against this betrayal by the president. He almost said that the president has taken steps to satisfy Americans at the expense of those who were patriotically dragged in to the war. However I do not believe that the president has betrayed any of his political team members. Yankee global masters do not condemn the political leaders who carry out their policy of defeating terrorism. Even nationalist fighters are not spared by their theory of terrorism.

After all it is Francis Fukuyama who emphasized that the threat to the liberal democracy of global capitalism is not the proletariat as it is, but the nationalists who will not agree to the system and the end of history, explained by post modernist philosophy. So, there is no way out except the total defeat of such none compromising, more nationalist- religious political movements. It is not a hidden political agenda; no it is not, but a well emphasized historic mission in the flow of history. In that sense, within global capitalist frame work Mahindra as a political leader, has done his historic duty. But liberal democracy cannot ignore war crimes, hence the masters of inquiry will find out the flaws of the military beurocratic establishment and point out who should be punished for exceeding the mandate given. Of course the political leaders will be cleared of any responsibility to the alleged war crimes.

It must be clear that the purported launch of a domestic inquiry at this juncture is in fact the execution of a slightly different strategy to combat the Government’s international challenges.  The Government has been cautious in its public statements about enlisting the support of international experts, weaving the appointments into the Disappearances Commission and the broadening of its mandate. In the guise of setting up a domestic inquiry, the Rajapaksa Administration has managed to retain the world’s foremost international war crimes prosecutors to study the same evidence that will go before the UN probe.

They are, by all accounts, eminently capable, credible, legal minds. But upon closer examination, the reasons for the Sri Lankan Government to choose these three experts become slightly clearer. They will certainly do their duty of finding any thing wrong in the war operations, any violation of human rights in such operations without however tarnishing the image of the political decision makers who were after all, fighting for liberal democracy!. So, the Commission will undertake an independent, rigorous process to ascertain the facts of what happened in the last months of the war then it will help to present a legal case for the Sri Lankan Government.

In this manner president Mahindra has developed a professional defense against mounting allegations of major violations of international humanitarian law during the execution of the war. It is clear, this is the settlement forced on president Mahinda by global masters. In other words, it will be a strong step towards the implementation of the recommendations of LLRC report. Then it is true that the ultimate goal of the gazette and the three appointments is to carry out a positive war crime investigation while building a fully developed defense for the government. Apparently the down south thinking fits dearly with that of neo liberal imperialism!

U.N. says Sri Lanka illegally returning Pakistani asylum seekers

GENEVA/COLOMBO Sat Aug 2, 2014

(Reuters) - Sri Lanka must stop deporting Pakistani asylum seekers, a practice banned under international law, the U.N. refugee agency UNHCR said on Saturday.

Sri Lanka began arresting asylum seekers and refugees on June 9 and has since detained 214 Pakistanis and Afghans in two asylum centres, UNHCR said.

Authorities in Colombo said the influx of illegal immigrants in the past year had become a burden on state resources and potentially compromised state and regional security.

The Sri Lankan government also blamed people trafficking networks for the recent rise in asylum seekers reaching its shores.

In the past two days, Sri Lanka had deported 18 people, with another 10 deportations expected on Sunday, UNHCR said in a statement, adding that the repatriations breached a "no forced return" principle.

"This principle is binding on all states and precludes them from sending asylum seekers and refugees to a country where their life or freedom would be threatened," it said.

The Convention on Torture also forbids sending people back to places where they might be tortured, it added.

Sri Lanka's Ministry of External Affairs said the number of refugees or asylum seekers had risen by 700 percent in the 2013-2014 period. By June 30 there were 1,562 asylum seekers and 308 refugees, it said.

"These asylum seekers are being encouraged to return, in the vital security interests of Sri Lanka and the region," it said. 

The increase in numbers was due to "people falling victim to commercially-driven human trafficking networks which abuse the liberal visa policy," as well as a slowdown in the number of refugees resettled in other countries since 2012, it said.

The influx had resulted in serious problems for law and order, security and health, the Ministry said.

"In April 2014, 10 cases of malaria were detected among these asylum seekers. This detection was made at a time when Sri Lanka, having achieved zero indigenous cases of malaria for the past several years, was under consideration for obtaining WHO certification," it said in a statement.

The Ministry also said the UNHCR had not helped Sri Lanka to speed up the process of dealing with refugees and asylum seekers, and had not provided financial help or housing.

Some applications for resettlement of refugees in third countries had been pending for five years, it said.

(Reporting by Tom Miles in Geneva and Shihar Aneez in Colombo; Editing by Lynne O'Donnell)

Israel’s War Crimes And Cat & Mouse Games Of Pentagon

| by Pearl Thevanayagam

(August 4,2014, Bradford UK, Sri Lanka Guardian) “Today the world stands disgraced,” the head of United Nations Relief and Works Agency, which runs shelters for Palestinians, reacted to the shelling of a Gaza school that was serving as a U.N. shelter for 3,000 Palestinians said by openly weeping on CNN News.

Israel’s War Crimes and Cat & Mouse Games of Pentagon by Thavam

As a Brit in Gaza, ‘it’s all your fault,’ is a line I’ve heard a lot

Monday 04 Aug 2014

Sit down with any Palestinian over the age of 50 on a street in Gaza and, if you’re British, you’ll soon be discussing Arthur Balfour.

It was in November 1917 that the Conservative foreign secretary promised the leader of Britain’s Jewish community that Palestine would be a Jewish homeland.

Gaza is not as I expected. Amid the terror, there is hope

The world is not so blessed that it can afford to waste the lives of the 1.8 million Palestinians who live there

n

Paul Mason

Sunday 3 August 2014 

Everyday life in Gaza is becoming impossible. Photograph: Majdi Fathi/NurPhoto/Corbis

I have been reporting from Gaza all week, and, amid the stream of dead and injured civilians wheeled on trolleys before me, frantic people gesturing in my face, and nights spent in an unlit city under bombardment, I've come to a conclusion I did not expect: Gaza "works".

As a Brit in Gaza, ‘It’s All Your Fault,’ is a Line I’Ve Heard a Lot by Thavam

One-fourth of Gaza’s population displaced by Israel’s violence

An infant from the al-Ghoul family is mourned during the funeral for the ten members of the family killed in an Israeli air strike on their Rafah home on 3 August.

 (Eyad Al Baba / APA images)

Electronic Intifada

Rami Almeghari- 

4 August 2014

The sounds of Israeli airstrikes, tank shells and drones are the only ones one can hear in Gaza. The noise is overwhelming.

One-fourth of Gaza’s Population Displaced by Israel’s Violence by Thavam

UK government reviewing £8bn of arms sales to Israel

Among the export licences granted to 130 British arms-makers, one is for a company selling components for Israel’s main battle tank. Photograph: Atef Safadi/EPA

Rowena Mason, political correspondent-Monday 4 August 2014

The British government is reviewing the sale of £8bn in arms and military goods to Israel to see whether each licence is appropriate in light of the conflict in Gaza, Downing Street has said.

Ministers said they would not stop licensing military equipment to Israel outright because they believed the country had a "legitimate right to self-defence".

The contracts – mostly for cryptographic software and military communications, but also weapon parts – will be individually examined to ensure they are not being used for internal repression or the provocation of conflict.

Downing Street confirmed it was conducting the review after David Cameron gave his strongest comments yet on the crisis, saying the UN was right to condemn the shelling of schools as a "moral outrage".

The prime minister, however, stopped short of Ed Miliband's outright opposition to Israel's incursion into Gaza, and made it clear that the British government blamed Hamas for provoking the conflict.

"We are currently reviewing all export licences to Israel to confirm that we think they are appropriate," the prime minister's deputy official spokesman said.

Campaigners are most worried about £42m of arms export licences granted to 130 British companies, including two supplying components for the Hermes drone and one selling components for Israel's main battle tank.

The information was uncovered by Campaign Against the Arms Trade, but the government said it had no plans to investigate whether British-made parts were being used in weapons or military equipment deployed in Gaza.

In late July, Tobias Ellwood, a new Foreign Office minister, said: "The United Kingdom does not believe that imposing a blanket arms embargo on Israel would promote progress in the Middle East peace process. All countries, including Israel, have a legitimate right to self-defence, and the right to defend its citizens from attack. In doing so, it is vital that all actions are proportionate, in line with international humanitarian law, and are calibrated to avoid civilian casualties."

The Green party has called for an outright arms embargo on Israel, saying the sale of military parts was "nothing short of scandalous". Caroline Lucas, the Green MP for Brighton, said: "There must be an immediate embargo on all arms sales and military co-operation with Israel."

Following Operation Cast Lead, Israel's 2008 offensive in Gaza, the UK has admitted that equipment used by the Israeli military during the operation had almost certainly contained British-made components.

A spokesman for the Department for Business, Innovation and Skills said: "We are currently reviewing all existing export licences to Israel. All applications for export licences are assessed on a case by case basis against strict criteria. We will not issue a licence if there is a clear risk that the equipment might be used for internal repression, or if there is a clear risk that it would provoke or prolong conflict."

Andrew George, a Liberal Democrat MP, called for a Royal Navy hospital ship moored in Falmouth to be sent to Gaza to ease the pressure on the territory's medical facilities.

"Israel continues to bombard Gaza and restrict the flow of essential medical supplies and humanitarian relief," he said. "A humanitarian crisis in Gaza must be intolerable, with people unable to get out and effective relief barely able to get in.

"The UK should not just sit back and do nothing. Britain should be at the forefront of the humanitarian response to the tragic events in Gaza. By deploying RFA Argus, we would offer a symbol of action and support from the UK via Cornwall towards the citizens of Gaza severely affected by Israel's military response."

“Concentrate” and “exterminate”: Israel parliament deputy speaker’s Gaza genocide plan

Submitted by Ali Abunimah on Sun, 08/03/2014 - 16:31

020814_eb_00_2.jpg

A Palestinian man tends to the bodies of four Palestinians killed in Israeli bombardment in Rafah in the southern Gaza Strip, 2 August. (Eyad Al Baba / APA images)

Electronic Intifada

Moshe Feiglin, the deputy speaker of the Knesset, Israel’s parliament, has published a plan for the total destruction of the Palestinian people in Gaza.

His detailed plan, which calls for the use of concentration camps, amounts to direct and public incitement to genocide – a punishable crime under the Genocide Convention.

“Concentrate” and “Exterminate” Israel Parliament Deputy Speaker’s Gaza Genocide Plan by Thavam

Ukrainian military urges Donetsk residents to evacuate, clearing way for advance

By Carol Morello August 4 at 7:58 AM

KIEV, Ukraine — The Ukrainian military on Monday urged residents of Donetsk to evacuate amid reports of increased rebel attacks on civilians and to clear the way for government troops to advance on one of the insurgency’s biggest strongholds.

The military has opened extra humanitarian corridors out of eastern Ukraine’s regional capital, and the government will help evacuees to find temporary shelter, said Andriy Lysenko, a military spokesman.

Over the weekend, government troops cut off a northern route that had been used by the pro-Russian separatists who control the city to bring in reinforcements of fighters and supplies, Lysenko said. The military now has the city, ruled by the rebels’ self-proclaimed Donetsk People’s Republic, almost completely encircled.

As the noose around Donetsk has tightened, there have been reports that the pro-Russian rebels are ordering residents to take up arms and fight against the Ukrainian army, Lysenko said. According to Lysenko, there also have been reports of increasing chaos — of civilians being kidnapped or killed and having their homes expropriated by rebels.

The military has made no secret of its intent to eventually move on Donetsk and “liberate” the entire city from the rebels, who have been in control since April. Though Lysenko declined to provide a specific timetable, the military’s encouragement of civilians to flee suggested that a more direct assault on the city was drawing closer.

In recent weeks, the military has arranged for safe corridors for residents in the battle zone of eastern Ukraine, but this is the first time that it has so overtly urged residents to get out, and quickly.

Shelling in the city grows more intense by the day, and many areas are without electricity or running water.

Elsewhere in eastern Ukraine, monitors from the Organization for Security and Cooperation in Europe (OSCE) vacated an area Monday near the Ukrainian border with Russia’s Rostov region. They cited safety concerns, with heavy fighting in the area.

OSCE monitors accompanied a group of Dutch and Australian experts Monday to the crash site where Malaysia Airlines Flight 17 went down July 17 after being hit by a surface-to-air missile while flying over rebel-held territory. The Boeing 777 was carrying 298 passengers and crew en route from Amsterdam to Kuala Lumpur.

The group has several sniffer dogs to assist in the search for more victim remains. On Sunday, the Dutch-led team said it would not deploy drones to look for remains and personal possessions in some wooded areas, because it might arouse suspicions among the rebels who control the site and who provide the experts with security.

Carol Morello writes about demographics and the census, as well as a lot of other stuff that comes down the pike. She has worked at the Washington Post since 2000.