Hong Kong maid abuse trial to resume next week

Erwiana Sulistyaningsih, left, an Indonesian maid who was allegedly tortured by her employer in Hong Kong, was interviewed by Hong Kong police investigators at a hospital in Indonesia in January. Pic: AP.

By Meredith McBride | @MeredithJamie-By Asian Correspondent Staff Dec 19, 2014 

Erwiana Sulistyaningsih told the Hong Kong district court last week that she was so ill from her employer’s abuse that she had to wear adult diapers.

After a week hiatus, Erwiana will return to the witness stand Monday morning to continue to give testimony against her former employer Law Wan-tung, who Erwiana says brutally abused her for eight months while she was employed as a domestic worker in Law’s home.

Last Friday, the court watched video footage of the two at Hong Kong International Airport on the day of Erwiana’s departure last January. Erwiana said prior to the video, her employer put make up on her to cover the marks on her face and had her wear an adult diaper because she was unable to use the toilet on her own.

Erwiana told the court that just short of passing through the immigration check point, Law whispered in her ear and threatened the lives of her parents if she spoke of the abuse to anyone.

Law gave Erwiana a 100,000 rupiah note – about $8 – before she left for Indonesia. Erwiana alleges that this was the only payment she ever received from Law.

Though the 23-year-old was able to reach her gate, Erwiana told the court she was unable to walk when the gate changed. With the help of other Indonesian women on her flight, she was wheeled on a trolley to her gate. Erwiana told the court that one of the women changed her flight in order to accompany Erwiana home.

Counsel for the defense Graham Harris inquired why Erwiana did not make complaint at the airport once Law had left. Erwiana said she was still fearful for the well-being of her family.

After returning home, Erwiana told the court that she was hospitalized for a month in Indonesia due to the injuries she sustained in Hong Kong.

The court heard that Erwiana was unable to walk because of severe blisters on her feet, which Law required her to wrap in plastic bags so she wouldn’t dirty the floor. Erwiana showed the court her scarred, discoloured feet.

Erwiana and the defense also clashed over whether she had been paid her salary of HK $3,580 ($460). The defense produced multiple documents, signed by Erwiana, indicating that she had received cash from the defendant. Erwiana insisted that she was ‘forced’ to sign the documents and only ever received 100,000 rupiah before her departure.

Erwiana’s case gained world-wide attention and prompted a mass protest of thousands in Hong Kong last January, when photos of her alleged abuse were released online.

Law is accused of 20 offenses, including grievous bodily harm with intent and criminal intimidation of Erwiana and two other previous employees Tutik Lestari Ningsih and Nurhasanah. If found guilty, Law could receive a maximum jail sentence of seven years.

The trial was delayed this week due to health requirements of the defense, but will resume Monday morning. After Erwiana’s testimony, the prosecution has called 17 more witnesses, including airport staff and the Indonesian woman who helped her home.

Hong Kong is home to 325,000 domestic workers, who predominantly come from Indonesia and the Philippines, often driven by poverty and lack of economic opportunity. Their minimum allowable wage, around $530/month, is less than Hong Kong’s minimum wage but is often more than what the women could earn in their home countries.

Activists, however, say that requiring domestic workers to live with their employers leaves them prone to abuse and overwork.

The Hong Kong Federation of Domestic Workers Unions is hosting a rally this Sunday Dec. 21 to call on the Chinese government to ratify the International Labour Organization’s Convention C189 on decent work for domestic workers. C189 includes provisions for granting rest days, monitoring employment agencies, and ensuring safe working conditions.

The rally will begin at 10.30am in Tsim Sha Tsui, a popular tourist district in Hong Kong.

MENTAL HEALTH CARE CAMBODIA

Caged and chained: Cambodia's mentally ill - video

FRIDAY 19 DECEMBER 2014

In a country where mental illness is blamed on bad luck, karma and ghosts, sufferers are often shackled and afraid - forced to live in the shadows. Warning: this film contains disturbing images.

MENTAL HEALTH CARE CAMBODIA

ASIALIFE — JANUARY 2, 2013

From depression to addiction and anxiety, it’s all too easy for it to seem that life is slipping out of control. Ellie Dyer looks at the state of Cambodia’s mental health system and discovers what is available for those seeking help. Photography by Conor Wall.

Fast forward to 2030 and the World Health Organisation forecasts that depression will be the single largest contributor to the burden of disease worldwide.

Caged and Chained Cambodia's Mentally Ill - Video by Thavam Ratna

Gods, Goons And Gimmicks

| by Tisaranee Gunasekara

“German history teaches us that…. nothing in the public realm is inevitable.”

Fritz Stein (Leo Baeck Lecture)

( December 18, 2014, Colombo, Sri Lanka Guardian) Before commencing his official election campaign, Candidate Mahinda Rajapaksa flew to Andra Pradesh with an entourage of 56 (including soon-to-be Health Minister Tissa Attanayake), for a special pooja in the Tirumala Venkateshwara Temple. In his eagerness to win divine backing for his election campaign, not only did he become a temporary-vegetarian; he reportedly ordered the entire Sri Lanka flight to follow suit: “There were strict orders to the Sri Lanka Airlines special flight….to serve only vegetarian food on board” .

The Rajapaksas will try to steal the election, if they have to. But stealing an election is not quite an easy thing, especially at the national level.

Gods, Goons and Gimmicks by Thavam Ratna

Infographic: Family First; Country Second – Rajapaksa Family Tree

December 18, 2014

Mahinda Rajapaksa has betrayed the people. He has put family before country. Instead of creating a merit based society with equal opportunities for all, he has handed-over the people’s taxes and wealth to his own family and cronies.

By appointing family members to all major decision-making posts Mahinda Rajapaksa has caused the country’s decline towards dictatorship, ever rising corruption and mismanagement. The Rajapaksa family alone controls over 56 percent of the entire country’s annual budget and all the key ministries are in their corrupt hands.

Sri Lanka needs a system where no one family or person can centralize power in such a fashion. We need a system where power is distributed between the legislature, judiciary and executive. But that is not enough – each of these branches of government must be able to catch over each other and prevent one of them from becoming over-mighty – we need a system of checks and balances based on the rule of law.

Sri Lanka leader asks Tamils to 'forget the past'

Sri Lanka's President Mahinda Rajapakse has appealed for votes from the Tamil community as he seeks an unprecedented third term in office.

18 Dec 2014 18:58

COLOMBO: Sri Lanka's president asked minority Tamils to "forget the past" as he campaigned for re-election Thursday (Dec 18), vowing not to allow another uprising after decades of ethnic war.

President Mahinda Rajapakse, who is seeking an unprecedented third term, told a public rally in the former war zone of Mullaittivu that Tamils should join him to rebuild the battle-scarred region. He made no reference to allegations that his troops killed some 40,000 Tamil civilians in the final months of fighting, when the leadership of the Tamil Tiger separatists was wiped out.

"Let us unite. Forget the past. Let us develop this country together," he said in an address broadcast live. "We cannot let history repeat in this country."

Sri Lanka faces a UN-mandated international probe into war crimes. A report is expected at the UN Human Rights Council in March. The UN has estimated that at least 100,000 people were killed in Sri Lanka's separatist war between 1972 and 2009.

Rajapakse included a few lines of Tamil in his address in Mullaittivu, where government forces fought their final battles with the separatist Liberation Tigers of Tamil Eelam (LTTE). Local and foreign rights groups say despite the end of the war local Tamils are under constant surveillance in a region where the military still maintains a high presence.

Tamils account for about 15 per cent of the electorate and could emerge as king-makers in January's presidential election if the majority Sinhalese are split between Rajapakse and his main rival. The president faces an unexpected challenge from his former health minister and party general secretary, Maithripala Sirisena, who, like Rajapakse, is a member of the majority Sinhalese community.

Rajapakse, 69, was seen as the favourite when last month he called the Jan 8 snap election two years ahead of schedule. But Sirisena has emerged as a formidable opponent after securing the support of all main opposition groups.

The popularity of Rajapakse's party showed a 21 percentage point decline at local elections in September. Rajapakse has announced hefty salary increases for public servants, drastically reduced water, electricity and fuel prices in the run-up to the vote. He has also offered subsidised motorcycles to hundreds of thousands of public servants and granted free electricity and water to police officers living in official barracks.

- AFP/el

TNA Challenges MR To Release Proof Of Their Deal With Common Opposition

December 18, 2014 

TNA MP MA Sumanthiran has challenged President Rajapaksa to publicize the proof he claims to possess of the deal that the TNA has allegedly struck with the common Opposition movement.

M.A. Sumanthiran MP

MP Sumanthiran while vehemently refuting the claim made by President Rajapaksa at his campaign rally in Chilaw regarding a ‘secret’ deal the TNA has made with the Opposition said that if the President possesses proof of this alleged deal that they never made, he should publicize its details without any hesitation.

Commenting on the allegations made by the President against the TNA, the MP said that they are claims he is making to mask his agitation concerning his growing unpopularity.

“These are statements that are being made to misguide Sinhalese voters and manipulate their votes,” he said.

He also said despite the Rajapaksa regime accusing the TNA of endorsing a separatist agenda, they made people-friendly decisions when crucial moments called for such action.

“Ministers who defected from the government now claim they regret voting for the 18th amendment. But the TNA holds no regrets because we voted against it – we put the country before our community at that point and took the right course of action,” he added.

Speaking further MP Sumanthiran reiterated that they have not entered into a deal with the common Opposition and added that they would also never support corruption, fraud and family bandism of the Rajapaksa regime.

INFOGRAPHIC: Findings from online survey 

on Sri Lanka’s Presidential Election 2015

Published on December 18, 2014 by Centre for Policy 

An online survey conducted by the Centre for Policy Alternatives asked five questions regarding the upcoming Presidential election. The objective of the survey was not to predict election results but to gather public opinion on the elections and contribute to ongoing discussions. As the survey was conducted online and not with a random sample, the findings presented below cannot be generalised to Sri Lanka.

1,394 people completed the survey during the survey period 12-16 December 2014.

Please click here for more information on the findings of this survey.

Download the infographic below as a high resolution image from here.

A Free And Fair Election – The Commissioner’s Role

By Elmore Perera -December 18, 2014 

Elmore Perera

We, the people have a sovereign right to exercise our franchise at free and fair elections. The very last time we could do so was in 1977. Disgusted with the governance prevailing at that time, we gave J.R. Jayewardene, who claimed to be the long awaited saviour of the Sri Lankan nation, a 5/6^thmajority.

Election malpractices thereafter escalated exponentially. In an attempt to arrest and reverse this dangerous trend Independent Commissions including an Elections Commission with extensive powers, were provided for by the17^th amendment, a civil society initiative, spearheaded by the Organisation of Professional Associations. Sadly, the Elections Commission was never established, but those extensive powers were vested in the incumbent Commissioner of elections pending the appointment of the Elections Commission. However the Commissioner was too timid to exercise them proactively to ensure free and fair elections. His timidity was fully exploited by scheming politicians.

In the early afternoon of 26^th January 2010, whilst the 2010 presidential election was in progress, a pronouncement was made by Mr.Wimal Weerawansa that Gen. Sarath Fonseka’s name was not included in the Electoral list and therefore voting for him would be futile as he could not lawfully function as President, even if elected. This was aired on several TV channels. The gullible public was naturally confused by this confident assertion which was supported by a display of the relevant Electoral List.

In a rare exercise of his authority, the Commissioner issued a statement, under his signature, that this was not a barrier to Gen. Fonseka’s eligibility to function as president, if elected. This was displayed on several TV channels, but it was too late to reverse the damage already done.

The Commissioner was seen on TV, leaving the Secretariat in the company of M/s. Weerawansa and Basil Rajapaksa at about 4.30 pm .The pressure exerted on the said Commissioner, sometime thereafter, was clearly reflected in his spontaneous address to the nation on 27^th January 2010 prior to announcing the result of what has been aptly described as Sri Lanka’s most controversial and ugliest election, ever. His speech was loaded with meaning and obvious abhorrence of what he described as the worst election ever conducted by him.

Patent malpractice, in relation to the Presidential Election to be held on 8^th January 2015, has soared to unimaginable heights. Clearly illegal actions have been authoritatively declared as legal. Armed only with the powers which the Commissioner had prior to the 17^th Amendment, the present Commissioner confidently claims that he will ensure that this election will indeed be free and fair. The future of this nation depends on the success of his endeavours.

Acting in terms of article 31(3A) (a) (i), the President, by proclamation, “declared his intention of appealing to the people for a mandate to hold office by election for a further term”.

By Article 31(3A) (a) (ii) the Commissioner of Elections was required to take a poll for the election of the President, and he has, accordingly fixed 8^th January 2015 for the said poll.

Article 31 (3A)(d)(ii) unequivocally provides that if the person declared elected as President at an election held under Article 31(3A) is not the President in office, such person shall hold office for a term of 6 years commencing on the date on which the result of such election is declared.

It is therefore crystal clear that if any candidate other than the incumbent President is declared elected on 9^thJanuary 2015, such person shall hold office for a term of six years commencing on 9^th January 2015, and the incumbent President ipso facto ceases to hold office when the result is declared.

It is common knowledge that certain lawyers recently appointed as President’s Counsel, have initiated a campaign to state that even if the incumbent President is not elected , he could continue as President until 19^th November 2016.

Since then, this claim has also been made by a venerable thera.

It is therefore necessary that the Commissioner of Elections should, at the earliest, as done by his predecessor on 26^th January 2010, set the record straight, before any further confusion is created in the minds of the public.

*Elmore Perera, Attorney at Law – Founder CIMOGG, Past President OPA  

“Mustapha, Mustapha, Don’t Worry Mustapha…”

Ceylon-Ananda.com

By Harishchandra Lokumanna -DECEMBER 17, 2014 

Harishchandra Lokumanna

Politicians are the same all over. They promise to build a bridge even where there is no river. ~Nikita Khrushchev

I instinctively remembered this first line of a song, being frequently sung by the little daughter of one of my Muslim friends, when I heard Deputy Minister Faizer Mustapha speaking his heart out at a recent press interview. He made ‘a tongue in the cheek’ statement at a press Conference, thus:’
“Mustapha, Mustapha, Don’t Worry Mustapha…” by Thavam Ratna

Sri Lanka: Who Can Free Us To 

Make Our Own Choice?

The following article is based on a media interview given by the author recently

| by Nilantha Ilangamuwa

( December 18, 2014, Colombo, Sri Lanka Guardian) Well… Elections are not new for us. In fact most of elections were turned into a type of carnival where supporters of the each parties enjoy their political blindness out of the social disorder which was deliberately created by neo-feudalistic clan in the Island nation. This is an entertaining tragic drama of distorted political culture.

What I find very interesting is that despite holding more elections in Sri Lanka we are losing more space to enjoy basic norms of the democracy. In other words, more elections mean less democracy. Therefore the election has become a tool of the ruler to ensure his power. It is not merely a real exercise of the legitimacy and the desire of the people in this country but rather distorted democracy. Most of the time people who have rights to change the power become rats in a laboratory. But this time, there is a different mood in general.

The Common Candidate is ready to issue his election manifesto tomorrow (December 19). It has to address not only the crisis we faced but also the solutions to the social disorder. His manifesto may not be the panacea but it should be a new dawn of the political culture in the country. Then the people will decides.

It is clear the majority of people are asking for a government which can ensure the basic rights of the people. Sri Lanka needs the new political culture which can enable the basic ethics of politics.

What we have very often ignoring here is what has happened to the main opposition in Sri Lankan politics. True, there are many political parties, but the real role of the opposition was played by the LTTE ( Liberation Tigers of Tamil Eelam) also known as the Tamil Tigers. At least since mid-70S to 2009 the Tigers played the very role of the opposition in this country. But Tamil Tigers were vanquished in 2009 therefore the main frame of the politics has been broken while creating a vacuum. Unfortunately, none of political parties were able to read this correctly for necessary replacement. So the vacuum is still prevailing. This vacuum gifted the President to do his wish list such as 18th amendment to the constitution and further demolish the independence of state institutions.

True, now there is an anger and deep revolt against the President and his art of politics. But, I have certain fear that this golden opportunity to re-engineer the social order and the nation may be lost over the superficial political debate the country is engaged at the moment. Also, the role playing by the neighbourhoods is very important.

After 10 years later, President Rajapaksa is facing the similar kind of deadly problem what the late-LTTE leadership faced decade ago over the LTTE’s eastern commander. However, the crisis facing by the President Rajapaksa is much deeper than the LTTE as an isolated militant group on the ground faced at that time.

The general secretary of the SLFP and a political architect of the winning the war, Maithripala Sirisena have come forward to contest against the President. It was a result of one of smartest political games played in recent years in Sri Lanka by the opposition parties as well as the former President Mrs. Bandaranayake also radical groups in the government. It has thundered not only the President’s politics but also dreams over his kith and kin.

Maithripala who narrowly escaped twice in the LTTE human bombs, is well aware of the political tricks of the President. Therefore the President has entered the real game for the first time in this election after 2005.

Once again there is no surprise here. Those most of politicians who are greedy in power and wealth are facing the same scenario. There is a larger group within the government and most of Sinhalese political parties who strongly believe they must get rid of Rajapaksa by defeating him democratically to secure their own political space. Otherwise not only the country in general but also role of those politicians is in danger.

True. The country has passed five years of ending the long term civil war. This period is more than enough to people to think and support to create the system they want. Most of the people within the so called majority have chance to regain their political liberty. But I’m doubt about the other communities as most of them are still living with old wounds of savage schism.

After decade of time, the public has general acceptance the incumbent president is unable to achieve what the people need. Also his political theme like, “Tamil Diaspora”, “Western Conspiracy”, “Patriotism” and so forth created the laughing factory. In fact, three key players of the government including his two brothers are US citizens. So, he is not capable of making new political themes other than misusing the state resources. The situation in the country is similar to what Marcos faced in the Philippines in his last years.

Meanwhile, the Common Candidate is ready to issue his election manifesto tomorrow (December 19). It has to address not only the crisis we faced but also the solutions to the social disorder. His manifesto may not be the panacea but it should be a new dawn of the political culture in the country. Then the people will decides.

True; most of people are aware, and they do disagree what is going on in this country. But who can free them to make their own choice.

Ranjith Premasiri is busy buying politicians!

 Thursday, 18 December 2014 

Ports, shipping and highways ministry secretary Ranjith Premasiri is nowadays involved in a special operation visiting government politicians who are likely to crossover to the opposition, reports say.

Premasiri is also an additional secretary to the president and chairman of the Road Development Authority and the National Water Supply and Drainage Board. For the past few days, together with finance ministry secretary Dr. P.B. Jayasundara, he has been visiting these MPs and ministers at their homes.

He tells them, “We especially came to see you to discuss about highways in this area. We expect to renovate most highways in this electorate in the next few months. The finance ministry has approved the funding. As the highways ministry, we have decided to handover the task to you. You can get the work done through any contractor of your choice. No one will interfere in your affairs. Send us the estimates and we will pay. China has passed the money. Both of us came to assure you on that,” and encourages them to swindle public money. He has been advised to do so by the president.

A man from Beliatte, he was appointed general manager of the southern provincial road development authority, by the president who overlooked 10 officers senior to him. During his term there, he had obtained bribes, even as less as Rs. 500.

After the 2005 presidential election, Premasiri carried tales against RDA chairman M.B.N. Fernando and grabbed the position for himself. Thereafter, he has maintained close connections with the president, being from the same hometown, and was appointed secretary to the ports, shipping and highways ministry, and later as chairman of two state entities.

It is him who has the power to decide, on behalf of the government, as to who should get the tenders from among local and foreign bidders for RDA projects. It is an open secret that he also decides the amounts of bribe that should be paid by each company, and collects the money on behalf of the president. A close loyalist of the president, Premasiri is working day and night these days to safeguard the source of his wealth, the Rajapaksa regime.

The Politics Of The Mustaphas

By Fazeel Mohamed Hussain -December 18, 2014

It is disgusting to see how the Mustaphas are doing politics in Sri Lanka. The PAISA Mustapha, who is still holding on to his deputy ministerial portfolio and sticking to his God Mahinda Rajapaksa, while Father Mustapha was seen at the Solis Hotel meeting in Kotte in support of the common candidate, Maithripala Sirisena. The senior Mustapha intervened in support of the president’s third term at the Supreme Court and now has pledged his wholehearted support to the common candidate Maithripala Sirisena. What kind of hypocrisy is this?

Deputy Minister Faizer Mustapha,

Faizer Mustapha abandoned the voters of Kandy after creating a historic win on the Sri Lanka Freedom Party ticket. He took the Colombo Central electorate with the hope of being re-elected to parliament with the large number of Muslim votes, but the hate campaign undertaken with impunity by the Bodu Bala Sena and other Buddhist groups with tacit support of the government made sure that his dreams are not realized. His showmanship and big talk of rebuilding the Grandpass mosque, that was promised with the full approval of Defense and Urban Development Secretary, Gotabaya Rajapaksa at a public meeting at the Prime Ministers office (Ministry of Buddha Sassana and religious affairs) in the presence of Hon. Dinesh Gunawardena, Patali Champika Ranawaka, the Secretary to the Prime Minister, Muslim ministers and parliamentarians, the Inspector General of Police, along with several members from Muslim and Buddhist civil society has to this day not materialized. The Mosque remains closed. Further, Faiszer Mustapha’s assurance of ensuring justice to the victims of the Aluthgama and Beruwela is a real puss-wedilla and made him the laughing stock of the Muslim community. His unwavering support for President Rajapaksa and his macho brother Gotabaya Rajapaksa is at the butt end of Muslim jokes. Does the Rajapaksa’s value him or is he also a condom to be flushed and discarded after use?

This is how the Muslim parliamentarians continue to divide their loyalties between the two main presidential candidates and ensure their survival, come what may. This has been the typical style of Muslim politics during the last two decades and the Muslim community is made political orphans by their politicans. Do successive Muslim politicians undertake this with the tacit support of the governments, so that they can be used to retain power?

Faizer Mustapha gave an ultimatum to the government at the press briefing of the UPFA in support of Mahinda Rajapaksa to dare take the Bodu Bala Sena on board as a partner. He vowed to quit the government if he was provided any evidence of support to this government by the Bodu Bala Sena. He claimed that his community interests supersede his loyalty to the party. Is this also another puss-wedilla? Sadly, neither the Bodu Bala Sena, the President nor the Government has censured him on this challenge. Is it because the BBS handlers do not want to cause further damage by driving away the minority votes by taking on Faizer Mustapha by Bodu Bala Sena on his statement? Are the President and the Government so desperate for the Muslim votes that they chose to ignore the breaking of ranks by an individual MP who has had all the perks and privileges of public office? There is absolutely no doubt that the Bodu Bala Sena is the creation of this government and is handled by defense intelligence

I would like to quote an interesting face book comment on Faizer Mustapha’s challenge – “ Mr Mustapha, please leave the government now, because BBS is the creation of the current regime that you fail to see. Are you waiting for Gnanasara to lift his robe and show the Mahinda Rajapaksa tattoo?”

The street brawl at temple tress between Sri Ranga MP and Minister Rishard Bathiudeen has been the news of the day. Is this evidence of the family conflict between Namal Rajapaksa and Basil Rajapaksa? Rishard Bathiudeen is a diehard supporter of Basil Rajapaksa and Namal has continued to target Badurdeen through Sri Ranga’s television programme” Minnal” which was the cause of the argument between Sri Ranga and Bathiudeen. It is interesting that none of the “representatives” of the people have made police complaint against each other over this violence?

The going price for Hakeem seems to be running in to several million dollars. Who is going to pay this price? Of course, the Rajapaksas have the resources but if Hakeem sticks on, the Sri Lanka Muslim Congress would be sent to the trashcan of Muslim politics. He is probably waiting for the US Embassy or Norway to offer him the right price to cross., so that he could portray himself as the savior of the Muslims in Sri Lanka.

The fact remains that the political leadership of the Muslims have absolutely no influence on the average Muslim voter. The Muslim community has decided to vote against the incumbent due to his unwavering support for Buddhist racist elements and the violence caused to them during the last three years. In the absence of any hope for the Muslim community under the present regime, it is time for the Muslim representatives to abandon the sinking ship of Mahinda Rajapaksa and help the common opposition to build a country where all communities could live as one. Will the likes of Mustapha see this reality or sink with the sinking ship?

Mahinda creates world record using state resources for his campaign

THURSDAY, 18 DECEMBER 2014

The way state power is utilized, deploying of state resources and employees for the presidential election campaign would create a world record says the General Secretary of the JVP Tilvin Silva.

Speaking at a media conference held at the head office of the JVP at Pelawatta today (18th) the General Secretary of the JVP said, “Mr. Mahinda Rajapaksa began violating election laws even before the dates were fixed for the presidential election.

Mahinda creates world record using state resources for his campaign.odt by Thavam Ratna