Govt . won’t send ‘Special Delegation’ for UNHRC 29th Session

* UN Human Rights Chief Zeid Ra’ad Al Hussein expected soon

by Zacki Jabbar-May 27, 2015, 12:00 pm 

Deviating from practices adopted by the Rajapaksa administration, the government said yesterday that it would not be sending a ‘Special Delegation’ for the 29th United Nations Human Rights Council (UNHRC) Sessions, to be held in Geneva next month.

The newly appointed spokesperson for the Foreign Ministry and Acting Director General of the UN Division, Mahishini Colonne told a news conference in Colombo, that there was no need to dispatch a "Special Delegation" incurring enormous expenses , since Sri Lanka had a permanent mission in Geneva and its officials would be called upon to do the job expected of them.

"We do not intend following the wasteful practices that had been adopted by the previous government," she emphasised.

Pointing out that Sri Lanka was not a member of the UNHRC, Colonne said that the same procedure would be followed in respect of meetings of the UN Working Group on Enforced and Involuntary Disappearance, with Sri Lankan officials stationed in Geneva representing the country.

She observed that journalists who wished to cover UN Sessions were free to do so at their own expense and the Foreign Ministry would readily facilitate their visits.

The United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein was expected to visit Sri Lanka soon but no date had been finalized,the Spokesperson noted adding that the invitation had been sent by the previous government.

Responding to questions she said that the UNHRC would be submitting its report on investigations into alleged war crimes that had been leveled against the previous government and the LTTE to its 30th sessions scheduled to commence in September.

Former Sri Lanka army chief says he would welcome war crime investigation

To his supporters, Field Marshall Sarath Fonseka is a hero. But to others he is a war criminal. Fonseka insists his conscience is clear

  President Maithripala Sirisena confers the honorary military rank of field marshal on Sarath Fonseka in March at a ceremony in Colombo. Photograph: Lakruwan Wanniarachchi/AFP/Getty Images

David Corlett in Colombo-Wednesday 27 May 2015

Sri Lanka’s wartime army chief says his conscience is clear and he would welcome a war crimes investigation to prove his innocence.

“The allegations are there,” Field Marshal Sarath Fonseka said in an interview with the Guardian. “We have to clear our name.”

Former Sri Lanka Army Chief Says He Would Welcome War Crime Investigation by Thavam Ratna

Parliament – Then & Now

By Srima Warusawithana –May 26, 2015 

Srima Warusawithana

This was over five decades ago. Parliament then was in a stately building facing the Indian Ocean in the vicinity of Galle Face Green in Colombo. 

There was a subject called Civics in our curriculum in those days when I was a schoolgirl. My father – the pragmatic man that he was, thought he should give me the opportunity of viewing Parliament proceedings. So he would take me regularly to sit in the gallery to follow the nations legislature at work. Before entering the gallery – we went on a tour of the massive place through huge wooden doors and lengthy corridors that seemed to my young eyes like a stately old-world mansion. When it was time for the sittings to begin we went silently into the gallery and took our seats. The speaker Sir Francis Molamure walked in ushered by the sergeant at arms bearing the mace. My father, sitting close beside me told me who he was and what his job was inside the parliament. The Prime Minister – it was D.S.Senanayake at the time and then came the other ministers and members of Parliament on both the government and opposition benches. It was delightful to watch and identify each one with my father’s help. They looked so stately and dignified in immaculate clothes – I saw Dudley Senanayake in the full white coat and trouser kit and also others – Sir John Kotelawala, Oliver Goonetilleke, SWRD Bandaranaike – all coming in and sitting at their appointed seats calmly and silently, perfect concentration etched on their faces as though they knew they had a responsible job to do. I listened to them – awestruck – each one a gem of a speech delivered carefully and conscientiously. The others in the assembly listened intently, without disturbing the proceedings in any manner. The Speaker was akin to royalty – so were the members of this august assembly – all educated in the highest echelons of academia. On our way home, my father told me about the qualifications and academic achievements of each of them – he a village lad but self-made – knew each of these men – their life stories and credentials – amazing when I think of all the little details he had gathered. It was another rewarding day when I had a glimpse of oratory and wholesome behavior in the most important institution that links with good governance of our nation.

Read More

Report: Suppression of Dissent During the 100 Days of New Govt. – INFORM

27/05/2015 

(Summary of the INFORM report:In the first 100 days of new Presidency; 9th January – 19th April 2015)

Compared to 2014 and the Rajapakse rule, the intensity and number of attacks, threats and intimidations against dissent has decreased during the first 100 days of Sirisena’s Presidency. However, very little action appears to have been taken to deal with the impunity of past incidents, and alarmingly, there were several incidents of suppression of dissent.

In the hill country, Police were accused of violently dispersing a protest with tear gas, when they had gathered at the Talawakelle Police Custody to condemn the death of a man in the custody of the Talawakelle Police.

INFORM report

In Colombo, civil and political activists distributing leaflets on 19th February were attacked by members of the pro-Rajapaksa National Freedom Front (NFF) at Nugegoda. The leaflets contained the text, “Ten Questions for Wimal Weerawansa and Vasudeva prior to the Yakshagamanaya” and were distributed by members of the Democratic People’s Forum. The Inter-University Students’ Federation (IUSF)’s protest march was attacked on 31st March by the Police and the Special Task Force, with some students injured and hospitalized. The Defense Ministry informed the director of a film about the slain journalist Richard de Zoysa that the subject matter would be inappropriate, as it recalls an unpleasant past, and informed the director that he will not be given permission to shoot the film.

In the North, Sri Lankan military dressed in civilian warned the displaced people in a military run high security zone against discussing their living conditions with the British Foreign and Commonwealth Office Minister, Hugo Swire. A distributor of the Tamil weekly, Ithu Nam Theasam, a pro Tamil National People’s Front (TNPF) paper, was threatened by military intelligence. In another incident in the North, drunk police officers in jerseys stopped three journalists, threatened them with knives and chased after them. Perhaps for the first time in history, a journalist (specifically, a Tamil journalist from North) was arrested and detained by Police for “providing false information for the publication of a news item.” The Terrorist Investigation Division (TID) also summoned the Chairman of the Vavuniya Citizens Committee, while the activist Buddhist monk Ven. Wataruka Vijitha Thero was harassed by police officers.

Journalists of two private TV stations accused each other of illegal entry and assault respectively. Several persons were arrested and equipment was confiscated in Colombo, based on the accusation that they were cooperating with UK-based Channel 4 TV station, which has earlier produced documentaries accusing the Sri Lankan military of war crimes. One of the accused had an overseas travel restriction placed upon them.

It was reported that a journalist was assaulted in Puttlam, in relation to reports of individuals attempting to sell government lands.
While the detention without charge of the Woman human rights defender Balendran Jeyakumari ended on the 10th March, an overseas travel restriction was imposed on her and she was required to report monthly to a police station. Investigations in her case continue. Restrictions on freedom of expression and movement of INFORM’s human rights adviser Ruki Fernando continue, and the investigation against him is also still ongoing.

Full report:Repression of Dissent in Sri Lanka – 100 days of new Presidency – INFORM report – English (24May2015)

Repression-of-Dissent-in-Sri-Lanka-100-days-of-new-Presidency-INFORM-report-English-24May2015.pdf by Thavam Ratna

Sri Lanka: Deterioration of the Legal Intellect

Institutions for Administration of Justice are Far More Important than the Military

by Basil Fernando

( May 27, 2015, Hong Kong SAR, Sri Lanka Guardian) The rape and murder of a 17-year-old schoolgirl two weeks ago, has given rise to the biggest protest seen in North in recent times. The police have announced that 9 persons have been arrested and are been investigated. DNA samples have been taken and sent for examination.

Meanwhile, the President of Sri Lanka publicly stated that the case would be tried in a special court to avoid the usual delay and to ensure justice speedily. This promise by the President is quite welcome. We hope that the investigations will be completed soon and the Attorney General will also file the indictments soon and the trial will commence.

While this move is being appreciated, it needs to be emphasized that a speedy trial in cases of rape is a right of all victims of rape and, in fact, of the community in general.

The delays that now prevail are scandalous.

Let’s take the case of Rita who was 14-years-old when she was raped on 12 August 2001. She was a schoolgirl from an underprivileged background. Her parents were working in the tea plantations. Alleged rapists in her case were two young boys from affluent families in the area. Within a short time following her complaint, the police were able to locate and arrest the two suspects.

However, now, 14 years after the event, the trial is still dragging on. The victim has regularly attended the court and has in no way contributed to the delays. However, as is done often in such cases, in this case too, the defence sought delays for all kinds of reasons knowing that it has a weak case. Unfortunately, the relevant courts in which the case has been taken up have taken no serious efforts to ensure a fair trial without undue delay.

The numbers of cases in which there are scandalous delay has to be counted in thousands. The task before the President and his government is to find a solution to this terrible problem. As for the President, he has a full term of office before him, as he has been elected only on the 8 January 2015.

The President’s task should be to, first of all, request appropriate authorities, particularly the Minister of Justice, to provide for him a thorough report on the state of delays in adjudication of criminal cases in Sri Lanka, with emphasis on the trials in most serious crimes, such as rape, murder, and the like.

The President has declared the primary goal of his government is to ensure good governance. It should not be difficult for him to grasp that as long as there is scandalous level of undue delay in the trial into serious crimes, good governance is not possible. The greatest threat to good governance is crime. Addressing this problem about undue delays in adjudication, among many other problems, the President and his government needs to take action to ensure the following:

• The first, most important, step is to restore the hearing of criminal trials on a day-to-day basis. This was a practice when jury trials were in practice. However, the virtual abandonment of jury trials has left the decision of postponing the dates of trial to the discretion of the judges. Examination of any of the case records of the trials that have been going on for some time would clearly indicate that the grounds on which the postponements have been given are not rationally or morally justified. Hearing of the cases on a day-to-day basis should not be left to the discretion of the judges; such hearings should be made compulsory. The adjusting of the court schedules for this purpose is purely a task of managing cases. If a court cannot hear a case on a particular date, there is no rational purpose of fixing the case on trial on that date. This is just a matter of common sense. This should not be a difficult task for the President of the country to set-up through appropriate authorities and also to get the cooperation of the courts for that purpose.

• There are other matters, such as delays in investigations and delays at the Attorney General’s department, which are also, for the most part, a result of neglected management. Inadequate funding of relevant departments is certainly one of the major causes for negligence in management. It is the duty of the President and his government to make the necessary funding allocations to the relevant departments so that they can resolve the internal problem of time in relation to fair trial.

• In taking these steps, the primary policy issue involved is the important place that should be given to the administration of justice. As the President is eager to highlight the difference of his political administration from that of the former President Mahinda Rajapaksha, emphasis being placed on proper administration of justice would be one of the most important areas of distinction. With the former government, neglect of the justice system was part of its political agenda. It is only by destabilizing the system of administration of justice that large-scale corruption and abuse of power became possible.

• It is understandable that due to the political climate of the recent past, the Military has acquired a prominent place in the country. It should be noted that in maintaining peace and stability, institutions of administration of justice play a far more important role than the Military. However, this peacetime perspective has been completely missing during the last regime. This is one area that the President needs to take a critical look at if the goals he has set to achieve are to be realized.

• It is quite well known that quite a large part of the national budget is allocated to the Military, as compared to the budget allocated for running the institutions of the administration of justice. Such lopsided allocations of budget are an indication of the absence of a national policy for realising peace and stability through the means of a functioning system of administration of justice. No amount of military intervention could address problems of internal security and stability if the institutions meant to administer justice are neglected.

Thus this issue of brutal rape and murder of the 17-year-old girl should require a more profound response than the mere promise of a speedy trial only for this case. In the first place, if the country’s civilian policing system and the courts were functioning properly in the area where this crime took place it is quite likely that the crime itself could have been prevented. Prevention of violent crimes is primarily a task of the institutions of the administration of justice. Therefore, civilian policing and the courts need to be strengthened in these areas, as well as in the rest of the country, to prevent further chaos.

Diaspora urged to document flow of narcotics into Tamil homeland 

[TamilNet, Wednesday, 27 May 2015, 15:37 GMT]
The Sri Lankan police will not be investigating to the fullest degree possible to assert what kind of narcotics were used by the gang rapists, who committed the brutal crime earlier this month, informed Tamil paramilitary operatives in Jaffna claim. The occupying Sri Lankan military has systematically deployed a number of Sinhala and Muslim narcotic sellers from South into Jaffna and Vanni over a long period of time. The Sri Lanka Navy sustains the flow of narcotics from India. Even the narcotic traffickers who earlier operated from Mannaar have shifted their activities to the islets off Jaffna in recent years. So-called rape drugs have been introduced in recent times, the Tamil paramilitary sources further say. The Chief Minister of Northern Province, Justice C.V. Wigneswaran, was also expressing the same message last week. 

Diaspora Urged to Document Flow of Narcotics Into Tamil Homeland by Thavam Ratna

யாழில் மீண்டும் ஒரு அவலம் : சிறுமியை துஷ்பிரயோகத்துக்கு உட்படுத்திய இளைஞன் தலைமறைவு

Submitted by MD.Lucias on Wed, 05/27/2015

யாழ்ப்பாணம்,  நாரந்தனை வடக்கு தம்பாட்டி பகுதியில் 13 வயதுடை சிறுமி ஒருவர், 23 வயதுடைய இளைஞர் ஒருவரால் பாலியல் துஷ்பிரயோகத்துக்கு உட்படுத்தப்பட்டுள்ளதோடு சந்தேக நபர் தலைமறைவாகியுள்ளதாக ஊர்காவற்றுறை பொலிஸார் தெரிவித்தனர்.

தாயும், தந்தையும் பிரிந்து  தனது பாட்டியுடன் யாழ்ப்பாணம் நாரந்தனை வடக்கு தம்பாட்டி பகுதியில் வசித்து வந்த 13 வயதுடைய சிறுமியை அப் பகுதியைச் சேர்ந்த 23 வயதுடைய சந்தேக நபரே இவ்வாறு தொடர்ச்சியாக பாலியல் துஷ்பிரயோகத்துக்கு உட்படுத்தி வந்துள்ளார்.

இது தொடர்பில் சிறுமியின் பாட்டிக்கு தெரியவந்ததையடுத்து சிறுவர் பாதுகாப்பு சேவையின் அவசர இலக்கத்துக்கு தெரியப்படுத்தியுள்ளார்.

இதனையடுத்து சிறுவர் பாதுகாப்பு சேவையினர், சம்பவம் தொடர்பில் ஊர்காவற்றுறை நீதிமன்றத்தின் கவனத்துக்கு கொண்டு வந்துள்ளனர்.

இதன் பின்னர் சிறுமியை உடனடியாக மீட்டு சந்தேகநபரை கைது செய்யுமாறு ஊர்காவற்றுறை நீதிமன்ற நீதவான் உத்தரவிட்டுள்ளார். 

இதற்கமைய சிறுமி மீட்கப்பட்டு சட்ட வைத்தியதிகாரியின் பரிசோதனைக்குட்படுத்தப்பட்டுள்ளார்.

துஷ்பிரயோகம் மேற்கொண்ட சந்தேகநபர், தலைமறைவாகியுள்ளதாகவும் அவரைக் கைது செய்வதற்கான நடவடிக்கை மேற்கொண்டு வருவதாகவும் ஊர்காவற்றுறை பொலிஸார் தெரிவித்தனர்.
 

Protecting Women- The Greatest Contributor To Our Nation’s Economy

By Asanga Abeyagoonasekera –May 26, 2015

Asanga Abeygoonasekera

“We must tell girls their voices are important.” Malala Yousafzai

Women are among the highest contributors to our economy. To the Sri Lankan economy, women contribute from US$ 6billion worth of foreign remittance. A large proportion of female domestic workers based out of the country work tirelessly to earn a living and provide education and support to their households back at home. Women’s contribution to the domestic textile industry which largely contributes to export earnings is an aspect Sri Lanka can boast of. Further, in a traditional aspect of Sri Lankan economy, women’s contribution to the Ceylon Tea industry is remarkable. Despite three decades of civil war producing 40,000 war widows, these women bolster on as the bread winners of all these families in Sri Lanka.

With such sacrifices and achievements continuously being made by the women of Sri Lanka, the savage acts of the recent past shed light on the true situation in some women’s treatment in the country. An 18-year-old school girl in Pungudutivu of the Northern Province was gang raped and murdered in the most brutal of ways. This act is a lasting disgrace upon our society. It is not the first of cases as our nation has a high percentage of rape and other forms of sexual abuse.

The reaction of the community was transmitted through the world. One hundred and thirty protesters were arrested during the demonstrations, police officers transferred and now detectives of the Criminal Investigation Department (CID) are between investigations to finalise whether or not anti national groups played a role in incidents.Read More

Power mapping

Image by Maatram, via Groundviews

by Sanjana Hattotuwa 

- on 05/27/2015 

I was asked to contribute an article to an up-coming issue of The Architect, the journal of the Sri Lanka Institute of Architects. The issue will be anchored to the idea of space. After the guest editor accepted my article without any reservations or edits, he was informed by the Editor in Chief a few weeks ago that references to the Rajapaksa’s were problematic. With some reservations, I agreed to delete these references. A hugely apologetic guest editor informed me this morning that the Institute and Chief Editor had further problems with the article, since they in fact agreed with the beautification programme led by Gotabaya Rajapaksa and the former government’s essential evisceration of communities in the heart of Colombo.

Power Mapping by Thavam Ratna

Journalists get motor bicycles instead of “White Vans”

Wednesday, 27 May 2015

Media minister Gayantha Karunathilake told that Finance Minister has agreed to distribute motor bicycles to journalists in concession rates. They have come to this agreement when Minister Gayantha Karunathilake had a discussion with the

finance minster Ravi Karunanayake.

The media ministry emphasized in order to obtain the ownership of this motor bicycle it is important that the journalist has to be a Sri Lankan citizen, registered in the state information department and completed a five years service period.

Finance minister said this measure has been taken in order to pay gratitude to the journalists who reported the factual news during the last regime when both the ministers held a media communique at the finance ministry briefing the reporters.

Brave Journalists who used their pens against the Rajapaksa got an obligation travel in white vans and some journalists got an opportunity to spend a holiday in Nepal or in Europe. It appears when compared with the former regime the current media minister is offering a insignificant concession.

Question over Former CJ's statement

WEDNESDAY, 27 MAY 2015

Reliable sources said that the controversial statement made by former chief justice Sarath N.Silva on arrest of the VIP suspects for alleged financial crimes is a well-designed propaganda campaign to influence the public opinion and the opinion of the judges who sit for the fundamental rights petition filed by former minister Basil Rajapaksa.

This FR case will be taken up before the Supreme Court today before a three Judge Bench comprising Chief Justice K. Sri Pawan, Priyasath Dep and Rohini Marasinghe.

According to the sources this propaganda campaign has been planned at a meeting held at a room in the Organization of Professional Associations (OPA) with the participation of Sarath silva, Wimal Weerawansa, Vasudeva Nanayakara and a person called Nath Amarakoon. Their opinion has been that challenging the ongoing financial crime investigations, arrest of the people and the questioning the legality of the judicial proceeding by a former CJ would impact the opinion of the judges and would help to get a favorable judgment for the petitioner.

They also planned to use the still strong media relation of former president Mahinda Rajapaksa. As a result this baseless allegations and controversial statement of the former CJ has received a wider publicity.

Challenging the role of the Financial Crime Investigation Division (FCID) of police, ongoing investigations and arrest of some VIPs Sarath Silva said, “If I was a judge I would have called the IGPand arrested the IGP. Remanding or arresting a person is not a joke. You have to be very carefulwhen making that decision; this is something that I always told judges when I was on the bench,”However, legal experts said that this whole statement of the former CJ is baseless and they surprised the misleading statement he has made.

There are around 22 special police divisions’ including CID, Women and Children, Computer Crimeand Archaeological.

The objective of setting up these special police divisions are get the expert knowledge needed and carry out investigations efficiently. VIDEO