Human Rights Watch Concerns and Recommendations on Cambodia Submitted to the UN Human Rights Committee in advance of its Pre-Sessional Review of Cambodia

MARCH 4, 2015

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HRW submission for pre-sessional review of Cambodia

This updated memorandum provides an overview of Human Rights Watch’s concerns with respect to the current human rights situation in Cambodia, based on the organization's research in the country. It is submitted to the Human Rights Committee in advance of its upcoming pre-sessional review of that country. We hope it will inform the Committee's consideration of the Cambodian government’s compliance with the International Covenant on Civil and Political Rights. For additional information, please see Human Rights Watch’s country page on Cambodia: http://www.hrw.org/asia/cambodia.

Introduction

Cambodia became engulfed in an intensified human rights crisis after National Assembly elections on July 28, 2013. Final results announced by the National Election Committee (NEC), a body controlled by the ruling Cambodian People’s Party (CPP), gave a majority to the CPP. The CPP has been in power since 1979, despite losing United Nations-administered elections in 1993. Independent domestic and international election observers concluded that successive National Assembly elections which the CPP claimed to have won in 1998, 2003, and 2008 lacked credibility. The NEC result for 2013 gave the CPP 68 seats and the opposition Cambodia National Rescue Party (CNRP) 55 seats. The assembly then chose Hun Sen as prime minister, a post he has held since 1985.

HRW Submission for Pre-sessional Review of Cambodia by Thavam Ratna

CIA 'tried to crack security of Apple devices'

Agency tried to create dummy version of development software that would allow it to insert surveillance back doors into apps

The revelations, published by the Intercept online news organisation, are likely to further strain the relationship between Apple and the US government. Photograph: Yuya Shino/Reuters

James Ball-Tuesday 10 March 2015 

The CIA led sophisticated intelligence agency efforts to undermine the encryption used in Apple phones, as well as insert secret surveillance back doors into apps, top-secret documents published by the Intercept online news site have revealed.

The newly disclosed documents from the National Security Agency’s internal systems show surveillance methods were presented at its secret annual conference, known as the “jamboree”.

The most serious of the various attacks disclosed at the event was the creation of a dummy version of Apple’s development software Xcode, which is used by developers to create apps for iOS devices.

The modified version of Xcode would allow the CIA, NSA or other agencies to insert surveillance backdoors into any app created using the compromised development software. The revelation has already provoked a strong backlash among security researchers on Twitter and elsewhere, and is likely to prompt security audits among Apple developers.

The latest revelations of sustained hacking efforts against Apple devices are set to further strain already difficult relations between the technology company and the US government.

Apple had previously been a partner in the Prism programme, in effect a legal backdoor to obtain user information by the NSA and its allies, but in the wake of the Snowden revelations it has stepped up efforts to protect user privacy, including introducing end-to-end encryption on iMessages.

Tim Cook, the CEO of Apple, warned Barack Obama in public remarks this month that history had shown “sacrificing our right to privacy can have dire consequences”.

Other efforts showcased at the intelligence agency jamboree included a means of introducing keylogger software – which records and transmits every stroke a compromised user types – into systems through Apple’s software update tool on its laptop and desktop computers.

Analysts were also exploring a sophisticated approach to breaking encryption on individual devices using the activity pattern of its processor while it is encrypting data, known as a “side channel” attack, as part of a bid to gain further access to the core software the devices run.

The presentation notes revealed by the Intercept suggested that at the time of the presentation in March 2012 the technique had not yet been successful in extracting the key.

US academics and security researchers have questioned the legality of the CIA’s efforts to attack Apple’s security.

“If US products are OK to target, that’s news to me,” Matthew Green of the Information Security Institute at John Hopkins University told the Intercept.

“Tearing apart the products of US manufacturers and potentially putting back doors in software distributed by unknowing developers all seems to be going a bit beyond ‘targeting bad guys’. It may be a means to an end, but it’s a hell of a means.”

The exploits revealed by the Intercept are the latest in a long list of stories disclosing intelligence agency activities against Apple and its platforms. In January 2014, the Guardian disclosed a variety of exploits being used by the UK intelligence agency GCHQ and the NSA against mobile phones.

These included bids to extract personal information from data transmitted by apps including Angry Birds, as well as a range of capabilities to activate remotely the microphone on iPhones and Android devices – a project codenamed Nosey Smurf.

The Guardian also disclosed this year that GCHQ had been engaged in hacking software and hardware widely used in the west, including Cisco routers and Kaspersky antivirus software,

How to Survive a Heart Attack When You Are Alone

Healthy Food Advice-March 3, 2015

Heart attacks can come all of a sudden, and they also happen when people are alone. If you suddenly feel an irregular heartbeat and that you are about to faint, you have just about 10 seconds before you lose your consciousness.

If this happens, remember that you can actually help yourself. The most important thing is not to panic and not to lose consciousness. Instead, start coughing, as much as you can.

Take a deep breath every time before you cough. Cough deeply and long enough, like you were trying to cough out something from your lungs.

Breathe and cough every 2 seconds, without taking breaks, until the doctors come, or until your heart starts beating normally.
Taking deep breaths will allow the oxygen to enter your lungs, and coughing is a sort of compression.

This will help your heart and blood flow function normally. This kind of pressure helps your heart balance its rhythm. It is the perfect way to avoid any further damage, at least until the doctor comes. Make sure to share this information with other people – it might save someone’s life.

According to cardiologists, if only one person shares this information with 10 people, at least one life can be saved.

- See more at: http://www.healthyfoodadvice.net/how-to-survive-a-heart-attack-when-you-are-alone/#sthash.eWFTcaSF.dpuf

New war crimes campaign backed by British MPs gets underway

* Sinhala version of No Fire Zone to be launched today at UK Parliament 

There is no polite way to say this, but Benjamin Netanyahu is one of the most repellent and dangerous politicians in the world today.
                                              They Want Vote

 





March 9, 2015

From Shamindra Ferdinando reporting from London

A new campaign meant to pressure Sri Lanka over accountability issues will get underway today (March 10) with the launch of a new Sinhala version of feature documentary No Fire Zone: The Killing Fields of Sri Lanka, at the House of Commons. The launch will take place at 10.00 am.

Among those scheduled to attend the launch are Director Callum Macrae, Labour MP Siobhain McDonagh, Conservative MP Lee Scott. The meeting will also be addressed by a Sri Lankan in exile, Bashana Abeywardana.

The House of Commons event will coincide with British Prime Minister David Cameron meeting visiting Sri Lankan President Maithripala Sirisena at No 10, Downing Street.

The organisers said that the new Sinhala version of the documentary would be a challenge to the new administration in Sri Lanka.

Macrae launched the original documentary in June 2011, over two years after the conclusion of the war on the banks of the Nanthikadal lagoon.

The organizers said that No Fire Zone team would discuss ways and means of utilizing the latest initiative to maximize the political impact in Sri Lanka. The existing restrictions imposed on the documentary by India, Malaysia and Nepal, too, would be discussed, the organizers said.

Sri Lankan officials pointed out that unsubstantiated allegations had been the basis for both Darusman report released on March 31, 201 as well as No Fire Zone telecast in June 2011. Both estimated the number of civilians perished during the final offensive in January-May 2009 at 40,000.

However, Labour MP McDonagh, who is scheduled to participate at the House of Commons launch of new documentary today had raised many an eyebrow by declaring in Sept 2011 also in House of Commons that the Sri Lankan military killed 100,000 Tamils, including LTTE cadres during the final assault, they pointed out. The Amnesty International accused the Sri Lankan military of killing about 10,000 civilians during the same period. But, a legitimate UN report that dealt with the situation in the Vanni from August 2008 to May 2009 remained still classified with a UN panel refusing to accept it, they said. The UN report placed the number of dead (both civilians and LTTE) during this period (Aug 2008 to May 13, 2009) at less than 8,000, they pointed out. The war was brought to a successful conclusion on May 19, 2009.

The previous government never challenged the UN and others propagating war crime allegations to explain why they couldn’t reach an agreement on the number of persons who perished during the conflict, sources said.

London: Hundreds Of Tamils Protest Against Srisena

March 9, 2015

After Saturday’s unsuccessful protest at Heathrow airport against President Maithripala Sirisena, today a few hundred protesters gathered in front of Westminster Abbey, London.

Tamil protesters shouted “War Criminal Sirisena”. The Tamil Coordinating Committee and the British Tamil Forum jointly organised the protest.

Angry Tamil diaspora activists also condemned TNA MPM.A. Sumanthiran for his video call to halt the protest.

Sumanthiran said; “Tamil community’s vote up and down the country, particularly in the North, East had primary contribution in bringing Maithripala Sirisena to power as the new President. The same Tamil people also welcomed the President in his recent visit to the North and East. Not a single demonstration/protest was held against him when he came to these areas.

“Respecting that vote and our people’s wish from the ground, I humbly request the organisers particularly the BTF who work with TNA to call off the protest.

“Its only 2 months that’s passed since the new President came to power and although several of the commitments haven’t yet been fulfilled, there are positive signs of these commitments being delivered. We shouldn’t be a reason for non-delivery as enemies of the new President may use these kinds of acts to curtail his ability to deliver.

“He has already removed the military governors from North and East. He recommitted himself that land will be redistributed, people will be resettled in their own lands and that prisoners will be released or charged when he visited the North and East a few days ago.

“We should enable him to deliver on these rather than help the opposition block his ability to deliver. Therefore I ask kindly and humbly that not even for TNA’s sake, but respecting our own peoples vote, please call off the demonstration.”

In Search for a Domestic Truth and Justice Process in Sri Lanka

by Bhavani Fonseka 

- on 03/09/2015 

The International Center for Transitional Justice (ICTJ) is presently facilitating a stimulating online debate titled ‘Is the International Community Abandoning the Fight Against Impunity?’ The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, argues that the international community is not abandoning the fight against impunity, highlighting successes in national and international courts including the trial of former Chadian dictator Hissene Habré in Senegal and urges for a long term outlook. Professor Michael Ignatieff from Harvard University makes a rather sobering point that the international community has its own self-interests when pursuing justice and accountability and that politics ultimately trumps international justice. A victim centered view is injected by Betty Murungi, former Vice Chair of the Kenyan Truth, Justice and Reconciliation Commission, who suggests that victims should be involved in designing transitional justice programs that speak to their specific concerns. The debate captures the nuances and challenges faced in the search for justice and accountability globally and highlights the growing role played by domestic courts and commissions of inquiry, the last point relevant to Sri Lanka when exploring modalities for truth and justice for past violations. President Maithripala Sirisena’s government has in the past few weeks promised a ‘credible domestic process’ to investigate and inquire into the past and prosecute perpetrators. Two months into the new government, there is no clarity what this domestic process is to entail.
In Search for a Domestic Truth and Justice Process in Sri Lanka by Thavam Ratna

What Is A Nation? How Different Is It From Nation-State?

By Siri Gamage -March 7, 2015

Dr. Siri Gamage

In a recent article by Dayan Jayatilleka (Colombo Telegraph, March 3 2015) has stated that Tamils in Sri Lanka are an ethnic minority but not a nation. However, Sinhalese are a nation within the broader Sri Lankan nation. The basis for his argument is that the Sinhalese are the majority in demographic terms whereas the Tamils are a numerical minority. In essence, he is using the demographic factor to define a nation. This is not only quite misleading but also goes against the developments in the international law, minority rights, UN deliberations in regard to indigenous peoples and ethnic minorities around the world during the last few decades. I believe the confusion here can be partly eliminated by employing the distinction between a nation-state and a nation.

Jayatilleka further states that ‘One may well ask, “what is wrong in the claim of Tamil nationhood?” Probably nothing, except for the fact that the claim is made here in Sri Lanka. The Tamils may or may not be a nation, but if they are, it would be in Tamil Nadu, not in Sri Lanka’ (CT March 3, 2015). This is a quite interesting but also a concerning argument coming from a political scientist of repute who should know that this is not a feasible option for Sri Lankan Tamils.   Sri Lankan Tamils, though having close cultural and ethnic relations with those in Tamil Nadu, are for all intents and purposes citizens of Sri Lanka –Not Tamil Nadu. If they are seeking nation status within the Sri Lankan nation-state, then their claim should be assessed on its own merit.

Jayatilleka seems to recognize that there is a broader, emergent nation called Sri Lankan nation but his criteria applies only to the Sinhalese –not the Tamils who he considers as ‘ethnic or national minority’ (CT March 3 2015). This is a highly discriminatory criteria to use in this day and age when the discourses about nation-state vs. nation have progressed so much to the extent that there is absolutely no place for this sort of misleading and biased criteria in the broader community of international scholarship or in the international law field.

The article by Jayatilleka raises several pertinent questions also. Firstly, is the use of demographic factor to define a nation widely accepted in international law, political and social sciences, by governments and by those ethnic and indigenous minorities seeking nation status around the world? In other words, where does this idea derive its authenticity or legitimacy perhaps other than in his own imagination? Secondly, using this definition how many other majorities in various countries could be considered as nations? For example, are Brahmin Hindus in India a nation but the Tamils in Tamil Nadu or other linguistic minorities not a nation? Thirdly, are there characteristics of a nation other than the demographic factor? Fourthly, is it possible to define a nation in Sri Lanka purely by what the Sinhala and Tamil political leaders have said in the past without giving due regard to the developments in the global context, in particular within the UN and its agencies plus in international law? Fifthly, is it possible to discard two-nation theory merely because it has ‘become a dirty word in neighbouring India’ (Colombo Telegraph, March 3, 2015)? Sixthly, do ethnic and indigenous minorities with historical, cultural, and territorial connection to a given land have the right to seek nation status within a nation-state even though the governments in the nation-states may reject such rights?Read More

Professors of the Colombo University pressure the vice chancellor to resign

 Monday, 09 March 2015 

The Colombo university professors have taken custody of the vice chancellors office “College House” to its custody pressurizing Kumara Himburegama to resign from his post.

Nimal Ranjath Devasiri who commented regarding this told us since he is not suitable for the position and despite his position was politically appointed and since he did not heed the continuous pressure to resign from his position the professors decided to take control of his office.

During the Rajapaksa regime many public and academic positions were politically appointed without suitability. Kumara Himburegama was appointed as the vice chancellor and his wife Kshenika Himburegama was appointed as the chairman of the University Grants Commission.

Earlier Kshenika Himburegama was the ex vice chancellor and following her removal her husband was appointed for the position amid the pressure of the professors.Nimal Ranjith Dewasiri further stressed.

When Kumara Himburegama applied for the post of the vice chancellor, we as professors rendered our resentment for various reasons. About one and a half months back we submitted a letter urging him to resign but he didn’t response. During the two progress meetings there were allegations leveled against him. The entire professors union was against him. In spite of his failure to response we decided to acquire
his office and show our protest. Until he resigns from his position we decided to stay in his office.

The professors has not abstained from lectures, the lectures are conducted as usual.

By now the vice chancellor is outside his office and the professors has informed their decision to the university registrar Nimal Ranjith commented.

A River for Jaffna

by S. Arumugam

( March 9, 2015, Colombo, Sri Lanka Guardian) Jaffna with a scanty rainfall which can sometimes be only 30″ is different from the other parts of the northern province which enjoy a rainfall of over 60″ during the year.

A River for Jaffna by Thavam Ratna

Restoring A True “Democratic Socialist Republic Of Sri Lanka”

By Varatharaja Perumal -March 9, 2015

Varatharaja Perumal

Engrave The Qualities Of Advanced Civilization As The Basic Structure Of The Constitution

Only the provision of voting rights to the people, existence of multi-parties and occasional conduct of elections to different political posts do not indicate that true democracy prevails in its full meaning. In fact, the democratic civilization has, through the history of political developments, accumulated wider constituents and components.

The experiences and experiments that Sri Lanka has so far undergone prove that it is essential for the Sri Lankan Constitution to have provisions of basic structures inalienably enshrined in it. Constitutional democracy in industrialized European and American Countries do not need to have such provisions in their Constitutions because democracies in those countries are evolved compatibly to the historical development of their political economy. But that is not the case in countries, which were under European colonialism ruled for over two – three centuries.

The capitalism, which we as people of the third world countries experience now, is not a historical evolution of our own mode of political economy that prevailed during the Middle-Ages. Instead, the colonial powers destroyed our political economic system and the status, which prevailed then and in its place the capitalism was imposed for the benefits of such powers. The capitalism which was forced on us to adopt was not the capitalism of the independent nations but perhaps the dependent and distorted / appropriated capitalism, in order to obtain primary products and raw materials as much as possible at cheaper costs and also to control monopolistically, the markets for their manufactures. In such capitalism, exploiters were completely European and all skills and labour of our nationals and resources were exploited and carried away. It took 200 years for the middle class and 300 years for the industrial class to emerge in our countries. In the case of Sri Lanka – due to the non-availability of basic minerals and metals for industrial development and the lack of agricultural inputs to the modern industrial sectors, except Tea industries – national industrial capitalists did not come up until the colonial rule existed and only the collaborated middle class emerged out of services and trading activities. So the Sri Lankan nationalism against the British Raj was largely a result of socio-political awareness among the educated middle class and universal enfranchisement of 1931 and it was definitely due to the effect of the Indian independent struggle.

The Constitutional governance and the rule of law of the colonial powers accompanied from time to time with reforms were also to preserve and protect the prosperity of the colonial capitalists and their strategic interests.

Read More

Appointment of Nonis isn’t even a semblance of good governance – Sri Lankans in London bemoan

(Lanka-e-News- 09.March.2015, 11.30PM) The appointment of Chris Nonis who was Sri Lanka’s ex High commissioner to London as advisor on foreign affairs to President Maithripala Sirisena has come in for heavy flak from  the Sri Lankan community in London. This appointment was made a day before the President’s tour of London. Nonis has moved heaven and earth to secure this appointment. He had offered all kinds of bribes to various people in addition to ‘worshipping’ some of them ,not to mention his  crawling on all fours before them . According to  informed sources within SL  this appointment has been made due to the pressures exerted by the husband of Maithripala’s daughter.

It is noteworthy this appointment has neither  received the blessings of the minister of foreign affairs ,nor a majority of the ministers of the government , and specially the officials of the foreign ministry had disapproved it. It is their view , that Nonis is naturally possessed of a barbaric  and evil nature, apart from being  a source of embarrassment and torment to people.

Moreover , as Jayantha Dhanapala ,a rare foreign  diplomat of sublime qualities has already been appointed as foreign affairs advisor , obviously and clearly ,unworthy Nonis has nothing worthy to do there. The critics have questioned , what does Nonis who is a physician  by profession know about foreign affairs which is a vast subject.

Nonis who parades and poses  as having profound knowledge of the commonwealth , could not halt the huge media campaign that was conducted by the commonwealth president Peter Keller against Sri Lanka , when Nonis  was the High commissioner at that time. Even when  Kellner appeared on channel four and attacked SL ,  Nonis  remained clueless and response-less.

During that period , Nonis was the Vice President of that committee , yet he could not win over his President so close to him . In such circumstances , to prove his stupidity and idiocy in relation to his diplomacy , no  more testimony is needed. Later it came to light many members of that body were ill disposed towards Nonis and his conduct.

Moreover , when Nonis was the high commissioner in London , he was tainted by  several charges mounted against him: By leveling weird charges against officers of the foreign service he had  dismissed staff  ; berated the staff in filthy language ; and prostituted  his official position to make money and develop his  illicit businesses, to mention but a few.

The foreign policy of Nonis  therefore was not compatible with those of the present government for good governance . They however  dovetailed perfectly with the obnoxious racial and corrupt policies of the Rajapakse regime  , and use of  filthy language was a favorite occupation of the  Rajapakses.  Though his policies and conduct were backed by the disrespectful racists , he was a disdained  character  and never in the good books of  recognized international communities  or organizations. 

His interviews over foreign TV channels  as a medical doctor notorious  for lack of humaneness , have been frowned upon by civilized  communities internationally. The Rajapakse regime was ridiculed   and looked down on internationally because of individuals  like Nonis.

Nonis also created an ignominious  world record as a High commissioner by  getting assaulted by a monitoring  M.P. of the ministry of foreign affairs while in America . This disgraced the country and left an indelible scar on the country’s image. 

Although the M.P. was at fault , Nonis the High commissioner who slept with stray dogs  is equally at fault , because Nonis should have been aware that if he  sleeps with dogs  you are bound to wake up with fleas . Besides , this incident occurred in a private  house where the party was held.

When a High commissioner goes to a private house of an individual and gets assaulted , it is an insult to his country although a shameless High Commissioner may be accustomed to such insults. While intellectuals generally avoid quarrels and conflicts , Nonis the high commissioner voluntarily invited trouble and got thrashed by creeping into places where he ought not  be  , thereby shamelessly disgracing himself , the lofty position he held and the country. 

Perhaps , the president has given him the new appointment as advisor to learn from him how one can get assaulted when one  associates with uneducated  individuals.

The fact of the matter is ,Nonis  was not divested of his  High commissioner post because he was to be given the new appointment  , and giving appointments to individuals like Nonis is not good governance , the intellectuals of Sri Lanka  opined.

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by     (2015-03-09 19:02:54)

President to solicit British support for reconciliation 

Shamindra Ferdinando -March 8, 2015, 12:00 pm
Reporting from London

President Maithripala Sirisena and the government are seeking British support for the post-war national reconciliation process to woo influential Tamil groups based in the UK.

President Maithripala Sirisena and Foreign Minister Mangala Samaraweera are in the UK for talks with British Prime Minister David Cameron to explore ways and means of securing the support of the Diaspora groups.

The meeting will take place at No 10, Downing Street tomorrow (March 10) on the side lines of a series of events planned for observation of the Commonwealth Day.

The Sri Lankan delegation led by President Maithripala Sirisena arrived in London via Dubai on Saturday. The delegation moved to London Hilton on Park Lane, where British authorities beefed up security.

Acting Sri Lankan High Commissioner Dr. Chanaka Talpahewa told The Island that the meeting with the British Premier was of pivotal importance in the wake of the fresh initiative undertaken by President Maithripala Sirisena and the new government.

The UK voted for US-led resolution that called for an external investigation into accountability issues in Sri Lanka at March 2014 sessions in Geneva.

At the recently concluded presidential election, Maithripala Sirisena received the backing of the four-party Tamil National Alliance (TNA) comprising the Illankai Thamil Arasu Kadchi, the TELO, the PLOTE and the EPRLF. In spite some rumblings, the TNA has pledged to cooperate with President Maithripala Sirisena’s efforts.

Responding to a query, Dr. Talpahewa said that the meeting at No 10 would be followed by a gathering at Committee Room 21 of the House of Commons, where the visiting Sri Lankan delegation would have dialogue with representatives of British political parties. The career diplomat said that those with divergent views would join the confab to promote a dialogue among those interested in a lasting solution to Sri Lanka’s national issue.

President Maithripala Sirisena will participate in the House of Commons dialogue.

In the run-up to President Maithripala Sirisena’s visit, the UK based Global Tamil Forum (GTF) reiterated its commitment to a new peace initiative.

However, London-based sources said that in spite of consensus among Diaspora groups that Maithripala Sirisena-Wickremesinghe administration should be given time and space to go ahead with their initiative, some elements would launch protests during President Maithripala Sirisena’s visit.

Although there had been plans to stage a demonstration near London Hilton where the Sri Lankan delegation was staying, later the protesters opted for a different venue. Sources said that two protests might be organised by those who were suspicious of the new government’s intentions and they did not believe that the postponement of the release of the UNHRC war crimes report until next September would lead to a domestic probe in keeping with the international standards.

British protesters recently demonstrated opposite the US embassy in London demanding that the war crimes report be presented to the on-going sessions of the Geneva-based United National Human Rights Council (UNHRC).

Dr. Thalpahewa asserted that there had been a significant improvement in the ground situation in the recent past leading President Maithripala Sirisena’s meeting with the UK premier. Thalpahewa said that the President would have an audience with the Queen on Wednesday (March 11) afternoon at the Buckingham Palace before departing for Colombo.

President Maithripala Sirisena is also scheduled to be interviewed by BBC Sinhala Service, Sandeshaya.

Since assuming presidency in January, the new President visited India. The visit to New Delhi is followed by the UK tour. The president is also scheduled to visit Beijing, a long-time partner and one of Sri Lanka’s key military suppliers during the conflict.

Authoritative sources said that the visit was taking place amidst campaign for May general elections in the UK with all major political parties, the Conservatives-led ruling coalition and the Labour vying for the Tamil votes.