Tuesday, October 27, 2015

Why Has Sri Lanka Never Considered Demobilization?

By S. Sivathasan –October 27, 2015

S. Sivathasan

Aftermath of World War II

To consolidate the peace dividend, very high on the agenda of the principal warring nations was demobilization. The end of the War demanded it from early May 1945 and earnest steps were in motion by June, the same year. It would suffice to examine facts and figures of two nations which were allies in war and then partners in the peace process. They were USA & UK. What was the objective? To stop the drain of resources into unproductive channels; to give a fresh lease of life to war weary soldiers; integrate them into civil society and to convert them into productive resources. Demobilization was the formula and it was implemented. Such a step was treated as basic to bringing the needed balance to take the economy forward.

USA’s Record

The number serving in the US military in 1939 was 334,000. Compulsions of war on two fronts – Europe and East Asia – took the numbers 36 time higher to 12.209 million by early 1945. The military comprised; Army, Air Force, Navy, Marines and Coast Guards. The imperatives of peace called for relentless demobilization and the size of the forces was scaled down to 1.566 million, in just two years. This number by June 1947 was a mere 12.9% of what it was in June 1945.

US meant business. Not wasting time inordinately on war memories, never invoking material losses and the human cost for years on end, she set about rebuilding the nation’s economy. Neither did she venture on whipping up anti German hysteria nor anti Japan animosity to boost a vainglorious spirit of triumphalism. Demobilizing 10.7 million men and women, reorienting their skills for development challenges and converting manufacturing capacity from military hardware to meeting consumer needs. Several other efforts were launched to effect a sea change. They helped transform the American psyche and their economy. To the war torn economy dismantling excessive weight of the military machine was fundamental and this was done.

Compulsions for UK

Severe destruction of physical infrastructure, unprecedented loss of life, virtual disintegration of the social order and all the convulsions of war called for a massively transfigured UK with the advent of peace. Demobilization was inescapable to give the nation the wherewithal for this effort. The government refused to befuddle Britons of a prancing Nazi in every German home or the phantom of World War III looming in the horizon. Neither did it try to invoke fright of a deluge and to make a Noah’s Arc to stand in readiness for an invasion. With absolute honesty of purpose UK set out to have a rebuilt nation and a refurbished societal order.

Putting the scalpel on the spot of redundancy was the way to pare off excess fat. What best but to demobilize? From 100 to 16 was the result. In mid-1939, UK’s Armed Forces had 480.000 personnel. In June 1945 actual strength was 5,090,000. In June 1946 it was brought down to 2,030,000. End 1948 saw further scaling down to 810,000, which was 15.9%. Read More

Missing Persons Commission to probe White Flag case

Oct 27, 2015

An investigation team of the Commission will be conducting an independent, impartial inquiry into the alleged extra-judicial executions of surrendering top level members of the LTTE during the last stages of the conflict, Presidential Commission Investigating Cases of Missing Persons chairman P. Paranagama said.

Paranagama told the Daily News that the investigation arm of the Commission will conduct a thorough investigation into these allegations, after gathering evidence from parties concerned and taking to account present evidence in hand.

When inquired if evidence provided by Channel 4 or other interested parties will be considered, he added that all details will be deliberated and examined by the team that investigates.

A five member team including a retired High Court Judge will examine these allegations and even visit several districts to gather information before submitting the report. The report is scheduled to be submitted early next year, most probably by February.

The now infamous “White Flag Killing” aired under the same name by Channel 4 which alleged that top level members of the LTTE including Head of its Political Wing Balasingham Nadesan, Seevaratnam Pulidevan, the LTTE’s Head of the Peace Secretariat and several other high ranking LTTE members had been given assurances through NGOs and other intermediaries regarding being able to surrender to the armed forces who had surrounded them. However, those who had proceeded to do so upon the instructions of the intermediaries had allegedly been shot and killed by government forces.

However, the former Army Commander Field Marshal Sarath Fonseka previously stated that he was not informed regarding any communications during the final stages of the war regarding any LTTE members wanting to surrender, and that if any took place he was not informed at that time.

The previous government headed by then President Mahinda Rajapaksa and then Defence Secretary Gotabaya Rajapaksa have vehemently denied this stating that the government forces never killed anyone who surrendered to the armed forces, including during the last days of the conflict.

The team investigating the alleged White Flag incident, will further fan out to cover alleged shelling by armed forces in the later stages, the alleged killing of Isaipriya who worked as a broadcaster for LTTE’s Oliveechchu television station which operated from Kilinochchi.

According to Channel 4 footage Isaipriya was captured and later executed by the armed forces.

The Paranagam Commission was appointed by former President Rajapaksa to probe complaints regarding missing persons in the Northern and Eastern Provinces from June 10, 1990 to May 19, 2009.

Earlier, Paranagama submitted the Report to President Maithripala Sirisena. It was later tabled in Parliament on October 20 by Prime Minister Ranil Wickremesinghe.

The report mainly looked into violation of International Humanitarian Law or War Crimes allegedly committed both the government forces and the LTTE and how to prevent such occurrences in the future.

(dailynews.lk)

ICP Asks of Sri Lanka Visit by UN Disappearances Group, How ISIS Considered

By Matthew Russell Lee

UNITED NATIONS, October 22 -- When Bernard Duhaime, the Vice-Chair of the UN Working Group on Enforced or Involuntary Disappearances, held a press conference at the UN on October 22, Inner City Press asked him about his country visit to Sri Lanka set for next month, and about how the Working Group considers disappearances and worse by ISIS and other “non-state groups.”

ICP Asks of Sri Lanka Visit by UN Disappearances Group, How ISIS Considered by Thavam Ratna

Foreign technical assistance and observers

sought-Paranagama Commission:

Maxwell Paranagama-October 27, 2015, 10:37 am
Retired High Court judge Maxwell Paranagama, who headed the Presidential Commission to Investigate Into Complaints Regarding Missing Persons yesterday told The Island that in case the government of Sri Lanka established a purely a domestic mechanism without the participation of foreign judges, the proposed tribunal should secure international technical assistance. The Commission also called for the process to be monitored by foreign observers.

Paranagama said that he felt an urgent need for clarifying the matter as some of the recommendations made in the Commission’s Second Mandate report had been misinterpreted in some quarters.

Many questioned whether the Commission had recommended a domestic or foreign process for accountability, Paranagama said, adding that the paragraph 625 of the report dealt with the issue of accountability.

An International Legal Advisory Council (LAC) headed by Sir Desmond de Silva, QC has thrown its weight behind the recommendations made by the Commission. The LAC comprised Sir Geoffrey Nice, QC (UK), Professor David M. Crane (US) and several other foreign experts, including Maj. Gen. John Holmes, formerly the Commanding Officer of the elite Special Air Services (SAS) Regiment of the UK.

Paranagama sent the following statement to The Island : "International Customary Law comprises what States do and what actions States take. Therefore, in order to deal with an accountability mechanism suitable to Sri Lanka, it was incumbent upon the Commission to embark upon a review of measures taken in other countries before proposing a specific mechanism for Sri Lanka. At Paragraph 616 of the Paranaganna Report, the Commission deals with a hybrid court in Gambia that took on judges from the Commonwealth.

In Paragraph 616 of the Report,

The Commission says, "In the event Sri Lanka was to set up a purely domestic tribunal without the participation of any foreign judges, it is the view of the Commission, that there should be international technical assistance and observers".

International technical assistance does not equal foreign judges sitting in judgment over Sri Lankan citizens.

In paragraph 625 under the heading, "A proposed Mechanism", the Commission goes on to set out a mechanism without reference to foreign judges, foreign investigators or foreign prosecutors.

The actual process of a trial is dealt with at paragraph 625N. (d), where the trial process is set out as follows.

"The matter will proceed in the same way as any other criminal trial within the jurisdiction of Sri Lanka".

Thus there is no reference to foreign judges.

There is Latin legal maxim "Expression unius est exclusion alterius meaning the express mention of a thing, person or method implies the exclusion of all others."

Dispatches: Sri Lanka’s Army Plays by the Old Rules

Sri Lankan military base at Kasankerni in eastern Sri Lanka that displaced 69 families in November 2011.

“Our ancestors lived here,” said the elderly woman. She and a dozen other Muslim inhabitants of the village of Kasankurni spoke to a Sri Lankan activist and me last week from outside makeshift homes where they have struggled to survive for four years. “The army started by taking our maize and other crops. Then they blocked our children from going to school. They said the land belongs to them.”

Kasankurni lies astride a crocodile-infested river an hour’s drive south of Sri Lanka’s eastern port city of Batticaloa. In November 2011, two years after the end of the civil war with the Liberation Tigers of Tamil Eelam, the army expropriated Kasankurni’s homes for a military base. Literally overnight, they drove away the 69 families living there. The police did nothing to stop their eviction.

The amazing thing about the Kasankurni case is that the villagers have fought back – in court. With the help of local human rights activists, they have filed so-called Fundamental Rights cases in the Supreme Court against the military’s taking of their land.

Should they win their case, it will have implications for other Sri Lankans, particularly in the country’s war-torn north and east, where thousands of ethnic Tamils as well as Muslims have been displaced by the military.

Even as the military presence at Kasankurni is declining – dropping from 400 soldiers to about 20 over the past few years – the army isn’t budging. When the Supreme Court issued an interim order restoring the land to the villagers, the army took steps to consolidate the military base, even constructing a Buddhist temple on the property. Soldiers harassed one petitioner who tried to stay in her home by constantly playing loud music and Buddhist chants over loudspeakers, putting crushed glass on her path, and more.

This past January, Sri Lankans elected a new president, Maithripala Sirisena, to replace the increasingly abusive Rajapaksa administration. Since then, the human rights climate in the country has improved considerably, including with respect to land issues in the north and east. But as the Kasankurni case shows, not everyone has gotten the message that things have changed. The military needs to get the message.

Remembering Eviction of Northern Muslims – Friday Forum

( Muslim IDPs in Puttalam – Al Jazeera)

27/10/2015

On the 30th of October 1990 the entire Muslim population of close to 75,000 people living in the North were evicted by the LTTE. It is now 25 years since the Muslim community fled the North fearing for their lives and leaving behind their homes, livelihoods and histories. Compelled to leave without most of their belongings, they were allowed to take only 500 rupees and no jewellery. As the country attempts to move towards reconciliation and a political solution, the Friday Forum calls for reflection about this tragic eviction. This is not merely about condemning the LTTE’s ruthless dispossession of an entire community. Rather, it serves as a crucial reminder of the deep divisions within our society that need to be recognised and addressed. Injustice against any community requires all of us to reflect and together find solutions.

Despite the war having ended over six years ago, in places like Jaffna the Muslims are in limbo, and their resettlement has for the most part been a failure. Of the close to 8,000 families that originate from Jaffna Town over 2,000 families registered for resettlement soon after the end of the war. However, only about six hundred families now remain in Jaffna, and that amidst tremendous social and economic problems. The loss of their original land and houses, most of which were destroyed, has complicated the resettlement of the Muslim community, and many are on the verge of giving up on their resettlement and returning to the camps in Puttalam.

Some 80,000 Muslim IDPs seek a return
to Sri Lanka’s northern provinces

There still seems to be little acknowledgement of their economic and infrastructure needs. They lack housing, land, jobs and even decent schooling for their children. When resettlement fails and families move between Puttalam and their places of return in Jaffna, the children’s education is a major casualty. In the Muslim quarter of Jaffna town, where a section of Muslims still live in camp-like conditions, problems of water, drainage and flooding during the monsoon rains add to their travails.

For both the Jaffna Muslims and the Northern Muslim community as a whole, what is needed first and foremost is a credible and immediate resettlement policy. This is a right for all those displaced during the war. Unfortunately, for the Northern Muslim community, when it comes to forging a resettlement process, they have for the most part been abandoned by the State and by the Muslim and Tamil political parties.

The Northern Muslim community needs resources, but with the process of return it also has to rebuild relations with neighbouring communities. Rebuilding Tamil-Muslim relations is a priority to ensure successful resettlement as well as for future coexistence. The Tamil community in the North, in particular, should reflect on the suffering endured by the Northern Muslims and extend their support to the Muslim community. Moreover, as the Government prepares to initiate the long overdue process of reconciliation and a political solution, it needs to realise that such processes are inextricably linked to rebuilding relations between communities. The Friday Forum believes that addressing the problems of the Northern Muslim community is an essential and urgent part of working towards meaningful reconciliation throughout our country.

– Friday Forum press release

Independent Commissions a Huge Hoax

by Kusal Perera
- on 10/27/2015

Picture from protest last year calling for independent commissions, courtesySriLankaBrief

The first resignation of a member appointed to an independent commission was reported yesterday (26 October) with Lionel Fernando tendering his resignation within a week, reportedly for “personal” reasons. His name appeared as appointed to the Human Rights Commission of Sri Lanka (HRCSL) by the President on 22 October. Yet to go on public record is the information that Justice Salam has allegedly rejected his appointment. He was initially recommended to the Constitutional Council (CC) as one of the 03 members representing civil society, but instead was appointed to the Public Service Commission (PSC).

Independent Commissions a Huge Hoax by Thavam Ratna

Curbing hate speech; the pros and cons

by Lalith Allahakkoon

( October 27, 2015, Colombo, Sri Lanka Guardian) The Government’s decision to make hate speech a criminal offence has been met with mixed reactions. While those, particularly politicians representing the minorities have welcomed the move others like leftist lawyer Lal Wijenayake sees a sinister motive behind the decision. He claims that these guidelines and legislation is being brought because there is exposure on matters like bribery and corruption and an attempt to stifle debate.

Both sides it must be conceded have a case in point. Proponents of the move no doubt see this as a means of eradicating or curbing at least to some degree the fiery rhetoric that is on display on political platforms, particularly appealing to the sentiments of the majority community vis a vis their minority counterparts. The recent attack on Muslim business establishments it is widely believed was fueled by such hate speech. The trail of death and destruction left behind by this act of incitement may have motivated the authorities to enact stringent legislation against hate speech.

It is not only minorities. There have been instances where even members of the majority community had been victims of hate speech by their being sympathetic to the minorities or causes espoused by the minorities. One recalls the late Parliamentarian Dr. Jayalath Jayawardena being singled out for hate speech for his frequent forays into Tiger territory. He was labled a Tiger by the then Peoples’ Alliance Parliamentarians which even made the MP go emotional during TV debates saying the people who labled him a kotiya should be held responsible if anything happened to his life. Even leftist firebrand Dr. Vickremabahu Karunaratne too had to endure such hate speech for his pro-minority stance.

Hence it could be seen that hate speech could have repercussions on whomsoever it may be irrespective of which community he/she belongs to. But by and large it is the minorities who are the most uncomfortable in this respect. The recent ethnic conflagration resulted in almost all Tamils being branded as Tigers and certain utterances of politicians too went on to exacerbate these fears. Today these same politicians are taking hate speech to new heights particularly in the backdrop of the Geneva resolution, with a view to inflame nationalist passions. This, at a time when work on the reconciliation front is proceeding in earnest and measures are being taken to bring together hitherto estranged communities.

In this context some may feel the need for such stringent laws to curb hate speech. But it is not only in the political platform do we hear hate speech with gay abandon. This has now extended to include religion as well. The recent halal issue is a case in point. There was also an incident where the Holy Koran was allegedly blasphemed. Such acts should not go unpunished whoever the offenders may be. The country burned for 30 years as a result of an ethnic war. It can well do without a religious conflagration. No religion should be allowed to be targeted in whatever manner.

Be that as it may, how will the proposed law define hate speech. Certainly in a democratic set up care should be taken not to impose any curbs on free speech as Lawyer Wijenayake has rightly pointed out, especially in a climate where ample space has been created for airing differing views. Certainly there should be a healthy discourse on the UNHRC resolution and its consequences on the country. But on no account should the issue be used as a handle to provoke racial hatred and communal disharmony. Cries of betrayal of the war heroes, of service commanders, loss of sovereignty etc. have been the continual refrain since the joint resolution was adopted. This, when the Prime Minister has given a firm assurance that all recommendations contained in the resolution will be implemented in conformity with the constitution.

Hence it is clear that the hate speeches that one hears today is made with the intention of provoking nationalist forces to serve the political ends of the purveyors of the hate speech. Such conduct will not only scuttle the reconciliation process that the recommendations claim to facilitate but also hinder the country’s forward march.

Hate speech one could argue cannot thrive in a vacuum. Hence the media too has an important role to play in ensuring that hate speech does not get full play in their publications or the electronic media. Today, with the powerful medium of communication that the television has become, purveyors of hate speech often attempt to gain the maximum mileage for their racist rhetoric through this medium. Certain television channels it is also evident go overboard in providing maximum space to the venom that is being spewed by politicians known for their racist bent. It is not yet clear if the new law proposes introducing curbs on the media too in order to black out hate speech from programmes. Here again the problem will be to decide what constitutes hate speech. Hate speech to some may be quite harmless to others. How is the new law going to define hate speech without infringing on the democratic right to free speech?

( Lalith Allahakkoon, is the editor of Daily News, daily newspaper based in Colombo, where this piece was originally appeared.)

Embattled Media: On A Unique Book & A Seminal Launching Event

By Chaminda Weerawardhana –October 27, 2015

Dr. Chaminda Weerawardhana

The book Embattled Media: Evolution, Governance and Reform in Sri Lanka(ISBN: 978-93-515-0062-9), edited by Dr William Crawley, David Page andKishali Pinto-Jayawardena, was launched at the Senate House of the University of London on 20th October 2015. The launch involved an all-day conference, rich in contributions on a range of issues, from governance and media law reform in Sri Lanka, free speech jurisprudence in India, jurisdictional and political constraints to media freedom, teaching media, to donor behaviour with regards to media interaction. The event brought together senior academics and professionals, including past and present officials of the Commonwealth Secretariat and professional bodies attached to the Commonwealth, including the Commonwealth Lawyers’ Associationand the Commonwealth Journalists’ Association.

The presentation by Kishali Pinto-Jayawardena, entitled Governance and Media Law Reform in Sri Lanka involved a trenchant analysis of persistent threats to media freedom, and issues pertaining to jurisprudence in this sensitive area. Using many examples from past and ongoing cases such as Shreya Singhal v. Union of India, Lawrence Liang’s excellent presentation dealt with the complex interrelationship between media freedom, liberal democracy and vital human rights issues.

The panel on media policy and governance in the Commonwealth included Victoria Holdsworth, head of Media at the Commonwealth Secretariat’s Communication Division, who strongly emphasised the Secretariat’s commitment to promoting civil society activism standing up for media freedom. This presentation was complemented by that of Mark Stephens CBE, past President of the Commonwealth Lawyers Association, who engaged in a comparative and retrospective evocation of policy and jurisprudence-related challenges to the free press across the Commonwealth. Dr Lawrence McNamara, of the Bingham Centre for the Rule of Law, reflected upon the broader significance of the Latimer House principles in ensuring media freedom and executive accountability across the Commonwealth. Read More

Pension reforms should align with fiscal policy

UNESCAP says Govt. strategy change needed to support retirement savings

20% of elderly receive public sector pension

50% of the population receives no pension

19.7% of Sri Lanka’s population will be above 60 by 2030

By Shannine Daniel-Wednesday, 28 October 2015

Sri Lanka needs to make strong reforms linked to the Government’s fiscal policy to encourage savings and improve inclusion of more people in pension systems, according to UNESCAP officials, as the country faces the challenge of a rapidly ageing population.
United Nations Economic and Social Commission for Asia and the Pacific Population Officer Vanessa Steinmayer referring to the existing pension systems in the Asia Pacific region including Sri Lanka noted they are highly fragmented, creating problems in fairness and sustainability.
In the Sri Lankan context, only 20% of older persons receive a pension from the public sector, whereas 5% receive from the Informal Sector and a further 5% receive from the Public Welfare Assistance Allowance (PAMA) and the Elderly Assistance Programme (EAP). Moreover 50% of the population does not receive any form of pension.
“Pensions play a vital role in the society, therefore they need to be one part of a comprehensive policy on population ageing which includes not only the provision of an adequate income but also provide affordable healthcare. Fiscal reforms are necessary to provide incentives for retirement savings continued. Thus one national pension fund with effectual regulation could certify better delivery and would enable better mobility between sectors and job categories.”
She made these comments at the National Consultation on Pensions in Sri Lanka organised by Institute of Policy Studies (IPS) and United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP).

Steinmayer stressed there are grave challenges which need to be faced by the governments of the countries in this region in order to develop the existing pension systems.
“The system needs to be developed through reforms that improve sustainability and ensure future returns further on. Increasing coverage with regard to demographic developments will also be of great significance especially in countries which contain a large informal sector otherwise there will be no income security.”
She elaborated that there is also a need to look into the multi-tier system of the society which includes an increase of the coverage of the public pension system, enhancement of private pensions for higher income groups and a basic old-age pension for everyone. Ensuring old-age income security for women is also another challenge.
Further on Steinmayer highlighted that almost all Asia Pacific countries have a contributory pension system. However this is in most cases, only for the Public sector and the military.
“There are many other issues present in the pension systems in the Asian region. In many countries only a small proportion of older persons receive a contributory pension and it is mostly high income earners who receive it, in comparison to lower income earners. Despite the introduction of the universal non-contributory social pension for all older people, benefit levels is typically very low, too low to serve as an income source,” she opined.
In reference to the population, IPS Head of Labour and Human Resources Development Dr. Nisha Arunatilake commented saying that population is ageing swiftly which will result in the 60 years and above age category of the population to increase up to 19.7% by 2030, thus ensuring that older persons in the country have a significant level of income security is of great concern.
“This is mainly due to declining fertility rates, increasing life expectancy and the differences in the life expectancy of both females and males will result in future changes in the structure of the population, resulting in an older, more female population. As a result the existing pension schemes in the country may be unable to provide the adequate income support for all old persons living in the country.”
There are multiple wide spread pension schemes in the country; however the adequacy of the pension system depends on the lifestyle of the person receiving it, stated Arunatilake.
According to recent population projections, the share of people over 60 years in Sri Lanka will rise from 9% in 2001 to 17% by 2021. In addition, Sri Lanka’s population is expected to start declining by 2031, indicating that the share of the elderly will rise even further.
By 2051 the population over 60 years will be 29% and over 80 years 5%. This implies that increasing numbers of the elderly will become economically vulnerable, as family size further shrinks and a lower share of economically-active younger people become available to look after the needs of the elderly in the society over time.
Ageing-related poverty would result from the younger generation and State services being unable to bear the costs of supporting the elderly, in terms of their basic needs – food, clothing, shelter – as well as their other needs such as health, transport and recreation. Hence, the threat of many more elderly slides into poverty in Sri Lanka over the next few decades.
The situation is the same across Asia where the number of people age 65 and above is expected to grow dramatically over the next 50 years. For the region as a whole, the population in this age group will increase from 207 million in 2000 to 857 million in 2050. In such a situation pensions will become ever more important to the sustainable development of a country.

Pix by Sameera Wijesinghe

PEARL calls for release of Tamil political prisoners
jail

26 October 2015
In a statement coinciding with the anniversary of the Bindunuwewa massacre of 27 Tamil political detainees, People for Equality and Relief in Lanka (PEARL) called for the release of Tamil political detainees in Sri Lanka.

Highlighting that Tamil prisoners continue to languish indefinitely in prisons, PEARL's release, said,

“The Bindanuwewa massacre came days after Tamil detainees launched a protest for their release. Fifteen years later, hundreds of Tamil political detainees across the country are still calling for their immediate release from illegal, arbitrary detention, with widespread protests held across the North-East by Tamil civil society earlier this month, in support of the hunger-striking detainees. Most of the detainees have been incarcerated for many years, without being charged — a clear violation of international law. Disturbingly, a recent UN report found that sexual abuse and torture of Tamil detainees was likely to be widespread and systemic. Sri Lanka’s recent pledge to swiftly deal with the issue of unlawful detention is promising; without action, however, such words are meaningless.”

Reiterating calls for the release of political prisoners, the statement added,

“PEARL urges the U.S. government to demand that Sri Lanka uphold its obligations under international law and release political prisoners. Families of thousands of “disappeared” Tamils are demanding answers as part of the right to truth. The government of Sri Lanka must immediately release a list of names of all detainees and then process their cases expeditiously. Investigations into prison massacres against Tamils must be conducted with international oversight, with credible and effective prosecutions of the perpetrators. Families desperate for answers deserve nothing less.”

Full statement reproduced below.

(WASHINGTON, DC; October 23, 2015): Tomorrow marks the 15th anniversary of the Bindanuwewa massacre, in which over 27 Tamil political detainees were killed by a Sinhala mob in a premeditated attack.

Sinhalese villagers stormed the Bindanuwewa detention center in the south of Sri Lanka on October 24, 2000, where many detained Tamil youths were being held without charge on suspicion of involvement with the Liberation Tigers of Tamil Eelam. Heavily armed police officers stood by as the detainees were killed by the mob with knives and clubs. Instead of exercising their duty to intervene and prevent the loss of life, not a single officer attempted to halt the massacre. Indeed, some police officers actually used the opportunity to open fire on the political prisoners. A military unit that was stationed in the area was withdrawn just ahead of the massacre, which continued for hours.

The government, led by then-President Chandrika Kumaratunga, first attempted to blame the massacre on the Tamil detainees, saying that they had attacked officials at the detention center and provoked the villagers at the ensuing protests by throwing stones and exposing themselves. But these claims were proven false with subsequent litigation, which ended with the sentencing to death of two police officers and three Sinhalese civilians in 2003. However, two years later, the convictions were overturned and all five men were allowed to walk free. Impunity for these state-sanctioned killings continues.

The Bindanuwewa massacre came days after Tamil detainees launched a protest for their release. Fifteen years later, hundreds of Tamil political detainees across the country are still calling for their immediate release from illegal, arbitrary detention, with widespread protests held across the North-East by Tamil civil society earlier this month, in support of the hunger-striking detainees. Most of the detainees have been incarcerated for many years, without being charged — a clear violation of international law. Disturbingly, a recent UN report found that sexual abuse and torture of Tamil detainees was likely to be widespread and systemic. Sri Lanka’s recent pledge to swiftly deal with the issue of unlawful detention is promising; without action, however, such words are meaningless.

PEARL urges the U.S. government to demand that Sri Lanka uphold its obligations under international law and release political prisoners. Families of thousands of “disappeared” Tamils are demanding answers as part of the right to truth. The government of Sri Lanka must immediately release a list of names of all detainees and then process their cases expeditiously. Investigations into prison massacres against Tamils must be conducted with international oversight, with credible and effective prosecutions of the perpetrators. Families desperate for answers deserve nothing less.

Govt. Refuses To Grant Amnesty To Tamil Political Prisoners

October 27, 2015

The government today ruled out the granting of a general amnesty to nearly 300 Tamil political prisoners who engaged in a hunger strike recently, demanding their immediate release.

The decision on refusing an amnesty to prisoners had been arrived at a meeting chaired by the Prime Minister Ranil Wickremesinghe.

Prime Minister Ranil Wickremesinghe

The other attendees at the meeting had been Minister for National Dialgue Mano Ganesan, Law and Order and Prison Reforms Minister Tilak Marapana, Rehabilitation and Resettlement Minister D.M. Swaminathan, Inspector General of Police N. K. Ilangakoon, officials from the Prisons Department and Attorney General’s Department.

However, the Prime Minister during the meeting had advised officials of the Attorney General’s Department to consider granting temporary release under bail conditions for those prisoners who can be granted such a facility until their cases are taken up in courts.

Officials of the Attorney General’s department during the meeting insisted that granting a general amnesty for the prisoners was impossible as they had been arrested under Prevention of Terrorism Act (PTA).

Also the AG’s department officials said that they will soon file legal action against a number of prisoners who have credible charges against them.

They pointed out that legal action on a number of others were currently proceeding in courts.

Tamil prisoners, including former LTTE cadres at the main high security prison in Colombo started a hunger strike a couple of weeks back demanding the immediate release of Tamil political prisoners.

The prisoners called for a pardon and refused to suspend the fast until they got an acceptable solution.

After five days the prisoners ended their fast after assurances made by the President and several Tamil political leaders that their issues will be looked into within a short period of time.

Meanwhile the Tamil National Alliance and the Norther Provincial Council too engaged in protests demanding the release of the prisoners.

When questioned TNA Parliamentarian M. A. Sumanthiran said the that party was currently studying the outcome of the meeting chaired by the Premier and will make its stance known shortly.

The bottom-line is that, it is time for country to keep the track of which path we have chosen to follow in the name of good governance. Despite the fact, if we selected the path of being naked, then our security and other important issues sooner or later will be compromised.

EDITORIAL

(October 27, 2015, Colombo, Sri Lanka Guardian) In his response to the recently “unearthed” underground “palace”, former President and the member of the parliament for Kurunagala district, Mr. Mahinda Rajapaksa made a relatively rational and valuable argument.

Perhaps, that’s laughable to see the acts of, those who have no idea about the deadly situation the country has undergone and those who have deliberately forgotten the reign of terror the nation faced, to conduct cynical attacks on Rajapaksa. This could possibly move the debate towards the wrong direction. This is indeed not only unfair motivation by our folks, but also similar to the tendency of the previous government to ignore the core issues of the wrongdoings.

We are not sympathisers of Rajapaksa’s politics, in fact the Rajapaksa politics was an irrational hit and run policy, decorated by basic theory of sincere ignorance and conscientious stupidity. Rajapaksa paid the heavy price for that. Apparently the country too is suffering from it.

However, the recently unearthed “palace”, in true sense as Rajapaksa described, “secured hideout or bunker” was indeed constructed for security reasons. The construction of such a bunker was exclusively revealed by the old Sunday Leader, when it was edited by late Lasantha Wickramatunge. Then the story was sidelined due to pressure, and also the grave situation face by the country due to the LTTE insurgency. In fact, it was a pretty much understandable situation.

The LTTE indeed has a long term plan for the Kamikaze type attack which was fortunately unsuccessful because of the leaked information gathered by a unique team of Sri Lankan intelligence, which unfortunately was politicised due to political interests. In fact, their (LTTE’s) suicide pilots flew to Colombo and struck twice, but failed.

The sonority on whole issue of the hideout is related to this basic notion.

Every country, that faces external terrorists’ threats or internal insurgencies are having not only one but several underground hideouts to protect their leaders. Leaders cannot have a sensible discussion in a place such as the one where former President of Iraq, Mr. Saddam Hussain was hidden. If a leader uses state assets for personal benefits or unlawful activities, it is an issue that has to be dealt with by due process of the law. However, these are part of the national security of each country. It must be protected as the state secrets.

No one can forget where the former President of United States of America, George W. Bush was, when the flights were hitting his country on September in 2001.

We do not believe that is the way we have to address the problems.

True journalism should not the produce stuff just for the sake of self-exultation.