Libyan rivals sign UN-brokered unity deal

Politicians from Tripoli and Tobruk parliaments sign deal to form new unity government, described by the UN as the 'first step' to stability 
Signatories hope the deal will lead to a ceasefire between military forces attached to both parliaments (AFP) 

Thursday 17 December 2015

Delegates from Libya's rival parliaments have signed a United Nations-brokered agreement to form a national government, in what the UN described as a "first step" towards ending the country's crisis.

Politicians from the the Tobruk and Tripoli parliaments, as well as other political figures, signed the accord in the Moroccan resort of Skhirat on Thursday.

It comes despite a warning from the heads of both parliaments that the deal had no legitimacy and that the politicians present represented only themselves.

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UN envoy Martin Kobler acknowledged that much remained to be done to end Libya's turmoil, which has allowed the Islamic State to expand its influence in Libya in recent months.

"This is just the beginning of a long journey for Libya. Signing is only the first step on the road to putting Libya back on the right track," he said at the ceremony.

"The door is always open to those who are not here today. The new government must move urgently to address the concerns of those who feel marginalised."

Supporters of the agreement hope the deal will lead to a ceasefire between military forces attached to both parliaments, and a renewed focus on the IS group.

The British ambassador to Libya, Peter Millett, said on Twitter that the agreement "will enable the international community to engage with one representative government to tackle terrorism and Isil in Libya".

French Foreign Minister Laurent Fabius welcomed the deal, and called in a statement for "a national unity government to be set up... as soon as possible in Tripoli. It's a requirement to curb terrorism."

The signing follows a gathering in Rome of a US- and Italian-led group of world powers and regional players that called on the two sides to lay down their arms and back a new unity government.

Nouri Abusahmein, who heads the militia-backed General National Congress in Tripoli that is not recognised internationally, said on Wednesday that the signatories did not represent the parliaments.

"Whoever has not been commissioned by the GNC to sign or make a deal on its behalf is, and will remain, without legitimacy," he said.

A government such as that proposed by the UN "is not the subject of consensus and does not even guarantee the minimum required to ensure its effectiveness," he added.

On Tuesday in Malta, Abusahmein met Aguila Saleh, who heads the Western-backed parliament based in Tobruk.

Rival talks

At the beginning of October, delegations from both sides approved a draft agreement negotiated under the auspices of the UN, but it was later rejected by their parliaments.

Abusahmein and those MPs who support him are not against an agreement, but say they want more time to negotiate it.

On 6 December, members of the two bodies launched an alternative process in Tunis by signing a "declaration of interest" on a unity government, and this process is backed by the two parliament heads.

On Wednesday, Kobler met the recognised government's controversial army chief General Khalifa Haftar.

Haftar said he was not satisfied with the UN deal, which stipulates that if the rival authorities fail to agree on who should head the army within 10 days, a new military chief will be appointed.

But he said he would not boycott the agreement.

Many members of the Tripoli parliament oppose Haftar.

The Tobruk parliament says a UN arms embargo is hampering the battle against IS, which seized control of the coastal city of Sirte in June.

As an American, I am Terrified of Muslims

Ideas of how to help other communities in the U.S., whether Muslim or not, were additionally discussed. An example of this type of work is evident by the American-Muslim community raising nearly $100K for victims of the San Bernardino shooting. History repeats itself to show that those who experience hatred and loss empathize most with others who have experienced the same.

by Parisa Pirooz

( December 13, 2015, Boston, Sri Lanka Guardian) As an American, I am terrified of Muslims. And you should be, too.

That’s certainly what the media conveys. Every news source we encounter is debating whether we should trust or distrust “those” Muslims, as if over 2 billion people can be painted by a single brush.

Tonight, I confirmed the belief that we should remain terrified – though not in the way you may think. I visited a local Islamic Center in Washington, D.C. for an open discussion led by American-Muslims. The meeting’s topic was “self-care while dealing with trauma.” Interesting, I thought, as the entire nation is also discussing the trauma that ensued from the recent shootings in San Bernardino.

But why were the two discussions of dealing with trauma distinguished and not combined into a single narrative? Simple. First, the media perpetuates the harmful idea that the Muslim community in the United States are distinctively separate from everyone else – as if they don’t exist in “common” space and must be dealt with on a different footing. Second, their problems as a community are not seen as the rest of our problems, even though their community is part of our overall community: we are all Americans.

Being at the Center made the struggles faced by the American-Muslim community painfully evident. As the night’s discussion continued, members were reminded that they are not defined by what is seen in the media. As in, the belief in their identity – their own self-image and self-worth – should not become compromised.

It was voiced that regardless of a good or bad day, whether they are happy, sad, or mad, that they must put on a cheerful face. This was necessary, since they will likely be judged as an ambassador for all Muslims through every encounter they make. So, while the media dehumanizes this entire population by generalizing the hateful acts of a few, the community must also dehumanize themselves by suppressing all emotions in order to be the ideal representation of what it looks to be “Muslim” in the public eye.

Prayers were also exchanged for those who have family members overseas and are potential victims of terrorism every day. The community grieved about how they, too, are equally subjected to terrorism in the U.S. – something that is not only unique to non-Muslims. A new mother wept as she clutched her two-month old baby and prayed she finds strength to raise her child in today’s fear-mongering America.

Ideas of how to help other communities in the U.S., whether Muslim or not, were additionally discussed. An example of this type of work is evident by the American-Muslim community raising nearly $100K for victims of the San Bernardino shooting. History repeats itself to show that those who experience hatred and loss empathize most with others who have experienced the same.

What I saw tonight was a live view of an American-Muslim community – one that is silenced in today’s media. The perspectives of Muslims, both female and male, young and old, did not differ from everyone else in this nation who may be worried about the safety of themselves and their families. The only difference is, American-Muslims are facing a form of marginalization that most other American communities are not.

After visiting the Islamic Center, it was confirmed:

I am terrified of Muslims… internalizing the hateful political rhetoric in today’s media
I am terrified of Muslims… facing psychological trauma from encountering bigotry
I am terrified of Muslims… being dehumanized and marginalized in this country.

I am terrified of Muslims… experiencing these things, because they are Human. As fellow Humans, we must be loud for those whose voices the masses do not hear.

Parisa Pirooz is a human rights advocate and feminist

Ukraine bans Communist party for 'promoting separatism'

Human rights campaigners criticise court decision, saying it sets dangerous precedent to stifle opposition

A Ukrainian Communist party member holds a portrait of Stalin during a rally in 2005. Photograph: Sergey Chuzavkov/AP

The Moscow Times, part of the New East network-Thursday 17 December 2015

The Communist party of Ukraine has been banned after a Kiev court upheld a government lawsuit accusing the party of promoting separatism and inter-ethnic conflict.

The decision, announced by Kiev’s district administration court on Wednesday, has been criticised by human rights campaigners who describe it as “a flagrant violation of freedom of expression and association”.

The move prevents the party from operating and participating in elections.

In May Ukraine adopted controversial “decommunisation” laws which outlawed the display of Soviet symbols and prohibited the use of the term “communist”.

The Communist Party of Ukraine refused to change its name, logo or its charter to comply with the legislation.

John Dalhuisen of Amnesty International said the court ban set a dangerous precedent. “The decision may be seen as dealing with the damaging vestiges of the Soviet past. In fact, it does exactly the opposite by following the same style of draconian measures used to stifle dissent,” he said.

“Expressing your opinion without fear of prosecution, particularly if that opinion is contrary to the views held by those in position of power, was one of the principles behind the EuroMaidan protests. Snuffing out the Communist party flies in the face of these ideals.”

On 16 September the Ukrainian authorities published a list of people banned from entering the country, including dozens of journalists, mostly from Russia.

The government in Kiev is fighting separatist insurgents, supported by Russia, in eastern Ukraine.

IMF Chief Lagarde Faces Possible Jail Time For Payment to French Businessman

BY DAVID FRANCIS-DECEMBER 17, 2015

International Monetary Fund chief Christine Lagarde was ordered Thursday to stand trial over allegations she illegally handed over an arbitration payout of 400 million euros, or $432 million, to French businessman Bernard Tapie in 2008.

It’s a huge setback for Lagarde, who denies wrongdoing in the legal battle that dates back 22 years and has ensnared several prominent French politicians and government officials. Earlier this year, she appeared to be off the hook when prosecutors said the case should be dropped.

But first, a bit of background.

In 1993, Tapie sold Adidas AG to the Crédit Lyonnais bank for 315.5 million euros, or $341 million. A year later, the bank turned around and sold the German athletic apparel juggernaut for 701 million euros, or $758 million.

Tapie — a prominent French financier, actor, and onetime French sports teams owner — sued. He accused Crédit Lyonnais of intentionally undervaluing Adidas when he sold it.

For years, the case made its way through French courts, eventually landing at the feet of Lagarde, who in 2008 fronted an arbitration panel reviewing the case. The panel ultimately  decided to pay Tapie hundreds of millions of euros from French coffers.

At the time, Lagarde was finance minister to former French President Nicolas Sarkozy, whose 2007 presidential run was publicly backed by Tapie.

The arbitration panel’s decision to pay off Tapie prompted a national outcry. And now, Lagarde must defend herself in a French court against charges of “negligence by a person in position of public authority,” according to France’s iTele TV channel and the Mediapart website.

In other words, prosecutors allege she approved the payment as a reward for Tapie’s 2007 support for Sarkozy. If convicted, she faces a year behind bars and up to $16,208 in fines.

Lagarde’s lawyer, Yves Repiquet, told iTele the Thursday decision to pursue charges is “incomprehensible. I will recommend Madame Lagarde appeal against this decision.”

Earlier this month, a French court ordered Tapie to pay back the money.

Lagarde became IMF chief in 2011, after fellow French citizen Dominique Strauss-Kahn was arrested and accused of sexually assaulting a cleaner at a New York hotel. Those charges were subsequently dropped.

IMF spokesperson Gerry Rice said the bank would continue “to express its confidence in the managing director’s ability to effectively carry out her duties.”

Photo Credit: Getty Images

Ovarian cancer: Screening may cut deaths by a fifth

By James Gallagher-17 December 2015

Doctors say there is now "encouraging" evidence that an annual blood test may cut ovarian cancer deaths by a fifth.

Ovarian tumours are often deadly as they are caught too late.

A 14-year study on 200,000 women, published in the Lancet, has been welcomed as a potentially landmark moment in cancer screening.

But the researchers and independent experts say it is still too soon to call for mass screening because of concerns about the analysis.

Ovarian cancer is difficult to pick up as symptoms, including abdominal pain, persistent bloating and difficulty eating, are common in other conditions.

Blood measure

The UK Collaborative Trial of Ovarian Cancer Screening is one of the biggest clinical trials ever conducted and is supposed to give the definitive verdict on screening.

It monitored levels of a chemical called CA125 in women's blood.

Doctors tracked changes in the levels of CA125, which is produced by ovarian tissue, over time and if levels became elevated then the women were sent for further tests and ultimately surgery.

The results are now in, but the interpretation is a bit messy and the researchers admit it is "controversial".

Their initial statistical analysis of the data showed no benefit to screening. But there was a benefit when they removed the data from any women who may have already started to develop ovarian tumours.

The researchers then performed a more forgiving statistical analysis, which also showed a benefit.

Trial leader Prof Usha Menon, from UCL, told the BBC News website: "Is there clear evidence? I would say no.

"We don't have clear evidence to go ahead with screening, but what we have are really encouraging estimates of around a 20% reduction, which we need to confirm."

Any benefit to screening seems to be delayed - kicking in towards the end of the trial.

The researchers are continuing to follow the patients for what is expected to be another three years to confirm whether there is a benefit.

Ovarian cancer is the seventh most common cancer in women worldwide with around 240,000 cases each year

Kevin McConway, a professor of applied statistics at the Open University, said: "Doing these extra analyses can be seen as an appropriate response to how the data turned out to look, which in some respects weren't as they originally expected.

"But equally it is also the case that the more analyses done, the more likely it is that one of the results will come out as positive.

"The results are promising, but perhaps not all that promising."

To screen or not to screen?

There is also the risk that screening can do harm and the test led to some women having unnecessary surgery to remove benign growths.

Dr Adam Shaw, the clinical lead for cancer genetics at Guy's & St Thomas' NHS Foundation Trust, said the findings were "very encouraging" but there was still more work to do.

"Nonetheless, this study is a landmark step in devising effective screening for ovarian cancer, which is often portrayed as the silent killer."

Dr Fiona Reddington, from Cancer Research UK, said: "It's uncertain whether or not screening can reduce ovarian cancer deaths overall.

"While this is an important step in ovarian cancer research, we would not recommend a national screening programme at this point."

The UK's National Screening Committee, which decides what diseases should be screened for, says it will have to make a "scientifically sound decision" and will review the findings.

Follow James on Twitter.

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Sri Lanka Proposes Strong Right to Information Act

( December 16, 2015, Colombo, Sri Lanka Guardian) The Sri Lankan Cabinet has approved a draft Right to Information (RTI) Act which, if passed into law, would be among the strongest in the world. Although Sri Lanka is a relative latecomer in this area – being the only country in South Asia apart from Bhutan that has yet to adopt an RTI law – an assessment of the draft Act by the Centre for Law and Democracy (CLD) gives it a score of 120 out of a possible 150 points on the RTI Rating, which would make it the seventh strongest law in the world. At the same time, CLD’s Analysis points to a number of areas where further improvements are recommended.

“We very much welcome the fact that Sri Lanka finally seems to be bringing to fruition a project that started nearly 14 years ago”, said Toby Mendel, Executive Director of CLD. “Although the draft Act is robust, we hope that the relevant authorities will take advantage of this unique opportunity to introduce further improvements so as to create a really excellent RTI law.”

The draft Act has a number of positive features, including a broad scope, a narrow regime of exceptions and a good package of promotional measures. CLD’s recommendations include the following:

• Foreigners, as well as citizens, should benefit from the right of access.
• A number of measures should be adopted to enhance further the independence of the oversight body, the Right to Information Commission.
• The system for proactive publication should rely more on online publication systems.
• Third parties should not enjoy a veto over the disclosure of information provided by them.
• The overall time limit of ten years should apply to all exceptions that protect public interests.
• The Commission should enjoy enhanced powers and its decisions should be binding.
• The law should provide protection for whistleblowers.

CLD urges the Sri Lankan authorities to amend the draft Act so as to provide an even more robust basis for the right to information in the country.

Read the Analysis by the Centre for Law and Democracy (CLD) below;

Analysis of the Draft Right to Information Act.pdf by Thavam Ratna

Download (PDF, Unknown)

Colombo Seeking to Centralise Powers, Says Wigneswaran

by   T. Ramakrishnan.-16/12/2015

Even as the Sirisena-Wickremesinghe government at the Centre is about to launch the process of drafting a fresh Constitution with devolution of powers to Provincial Councils being one of the key issues, Chief Minister of the Northern Province, C.V. Wigneswaran, on Tuesday criticised it for “seeking to centralise” powers.

Referring to a draft scheme, titled “Grama Rajya” and circulated by the Central government, Mr. Wigneswaran said it had been proposed that district and village level committees, all coming directly under the Central government, would be empowered to decide on implementation of all development works. “This has to be viewed as a new plan by the Central government to sideline provincial councils and exercise its influence directly,” he said, while presenting the budget for 2016.

Mr. Wigneswaran had said during his budget speech last year that people of the Northern Province had not yet come out of adverse impacts of the civil war. Recalling that speech, he said: “No considerable improvement [in the conditions of the people]” had taken place so far. The ongoing development projects of the Central government in the Province or what had been proposed “are all seen to be benefitting people of southern parts of Sri Lanka, instead of our people”.

Even though actions of the present government were giving signals of being “well-intentioned”, they were only “nurturing indirect control” of the Central government over the provincial councils, he said, complaining that what had been allocated to the Northern Province was only about 40 per cent of what was sought.

The Chief Minister, however, expressed the hope that the Central government would understand the situation of the Northern Province and that it would be supportive of the provincial government.

Ranil on devolution

Prime Minister Ranil Wickremesinghe, in a recent talk on constitutional reforms, said the “emerging consensus” was to work within the structure of the 13th Amendment [which created Provincial Councils] and this would be “a unitary structure with further devolution of powers
The Hindu

Deformed Judiciary

By K. Balendra –December 16, 2015

K. Balendra

Various articles have appeared in the press regarding the inordinate delays experienced by the litigants in obtaining justice from the Courts of law. Every budget speech refers to the delays and promise to ensure that justice is meted without delay, quoting the saying that Justice Delayed is Justice Denied. However, no tangible steps have been taken in this regard. Retired judges and legal luminaries too have commented on this matter. Unfortunately, the retired judges appeared to have failed in their effort to rectify matters while in service, for reasons best known to them.

Two of us represented ourselves in person in all the legal battles, Commencing from Condominium Management Authority (CMA) District Courts Mt.lavinia & Colombo Appeal Court (2005-20015) and the Supreme Court (2011-20015), where a fundamental rights petition was filed by us, necessitated by the inaction of the Condominium Management Authority. Associated with the CMA were Urban Development Authority (UDA) Colombo Municipal Council (CMC) and Consumer Affairs Authority (CAA). The Condominium Management Authority was supported by the Attorney General’s Department, despite obvious flaws exhibited by them in their activities. One would have normally expected the Attorney General’s Department to pinpoint the shortcomings of the CMA and requested them to rectify same instead of proceeding with the inquiry. Unfortunately it did not happen. Attorney General’s department forgets the fact that they exist on tax Payers Money. Well, Attorney General’s Department is now in the news for different reasons.

I do not wish to dwell at length with regard to the ‘art and science’ used by CMA to deliberately delay the proceedings. The core of the dispute was/is provision of parking space as per rules in an Apartment Complex owned by us. The sequence of events were indicated in my letters to the press under the captions ‘Justice delayed in condo issues’ and an ‘Open letter to Wijeyadasa Rajapakshe Justice Minister’- ‘Justice still awaits residents of Colombo condo’ respectively.

I am happy to state that leave to proceed with the F.R. petition have been granted on 20/10/15 in terms of Article 12 (1) of the Constitution, after a total of 10 long years of hearing, in all the institutions mentioned above.

This does not mean we see the light at the end of the tunnel.

The purpose of this letter is to know whether the Courts of Law are meant for the Lawyers to earn their living or to ease the trials and tribulations experienced by the litigants. Regretfully, my experience suggests that it is meant for the former. This is fortified by the administration of Justice Law introduced by the one- time Justice Minister Mr. Felix Dias Bandaranaike. This law, I understand would have eased the time consumed at the courts. Unfortunately, I am inclined to believe that this law was withdrawn to satisfy the legal luminaries to continue their earnings, without a dent.                                                  Read More

Cost of election bribes

Editorial-December 15, 2015, 8:00 pm 

So, in the end the government did what it had to do in spite of its rhetoric. It granted some of the key demands of the warring trade unions which were all out to launch a strike. As a result, the public sector employees will have Rs. 10,000 each they were given by way of an allowance added to their basic salaries in stages. It was a case of Hobson’s choice for the government.

A 10,000–rupee increase in the public sector workers’ salaries is sure to result in serious salary anomalies, the rectification of which will lead to some categories getting much more than Rs. 10,000 each. The pension bill will also increase substantially, aggravating the country’s financial woes further.

The ruling party leaders must be regretting that they ever promised public sector employees such a huge election bribe before the last presidential polls. They were in cloud cuckoo land at that time, making all sorts of promises and claiming that if waste and corruption were eliminated enough funds could be saved to increase salaries and give relief to the general public. Now, they have to make good their promises.

The government decision to be flexible without playing chicken with trade unions and meet workers’ demands has helped avert a political disaster in the short run. If the strike scheduled for yesterday had been staged, it would have affected the ordinary people, especially tens of thousands students sitting the GCE O/L examination as private bus operators and some teachers’ unions had warned. Trade union action also tends to snowball and that is the last thing any government wants. However, the present administration’s problems are far from over. Now that it has buckled under pressure there is the possibility of trade unions making more demands.

The manner in which the present UNP-led administration is tackling labour disputes is in sharp contrast to how the JRJ government reacted to a general strike in July 1980; tens of thousands of strikers were sacked overnight. The incumbent government has offered Rs. 250,000 each to the surviving July strikers after a lapse of 35 years! Better late than never! Many July strikers committed suicide, unable to look after their families and their dependents must also be compensated.

The present-day trade unions are lucky that since 1977 no government has been able to secure a five-sixths majority in Parliament thanks to the proportional representation system.

The trade unions which threatened to strike on Wednesday should be ashamed of their callous disregard for schoolchildren sitting a vital examination. They may argue that they have to win their demands before the passage of the budget. But, we believe, no struggle is worth winning at the expense of children. The health sector trade unions, too, have a history of holding children to ransom. On Feb. 16, 2008, we pointed out in these columns that some nurses attached to the Peradeniya Teaching hospital had stooped so low as to remove the oxygen masks of ICU patients including a child during a trade union struggle to settle scores with some doctors.

Workers have a right to resort to trade union action to win their demands and protect their rights. However, it behoves them to act responsibly. Regrettably, they do not turn the searchlight inwards. The public sector is characterised by inefficiency, lethargy, waste and corruption. Trade unions have a pivotal role to play in enhancing national productivity as in countries like Japan. Instead, they are preoccupied with making demands. Let them be urged to ensure that their members earn their keep before asking for more.

The two main political parties had better abandon the deplorable practice of vying with each other to offer election bribes to woo the public in general and state employees in particular.

'Came for Tamil Culture, Madras University Fails to Reflect it': French National

By Ram M Sundaram and Srikkanth Dhasarathy-16th December 2015

CHENNAI: “I chose the University of Madras ignoring other top varsities in South Asia primarily to learn the Tamil culture and discover the roots, but unfortunately the university which ideally should represent the past of the noble city (Chennai) does not reflect it,” said Jonas Anton Pulendrasa, a French national who was thrashed by  university professors and staff.

Narrating the sequence of incidents in the conference hall where the State Election Commission secretary, Jothi Nirmala Samy was speaking about the recent floods, Jonas said, “The moment I asked the IAS official a question, the university staff forced me to sit down by holding my arms and when I tried to question again, I was pushed out of the conference hall.”

Before he could react to this, Jonas Anton  said three men began hitting him on his nape (back of the head) and other staff started abusing him for resisting the physical attack.

Jonas Anton

He told Express that the staff had taken his questions as a personal affront, which was unwarranted. “If I can be beaten up for asking a question, the condition of others here are worse as some were not allowed to take exams, attend classes and even enter the university during earlier issues,” Jonas said.

After his friends helped him overcome the trauma, he met the vice-chancellor, R Thandavan where his personal assistant reportedly ridiculed his dress code in the waiting room.

Jonas Anton  complained that the vice-chancellor was ready to personally apologise in his chambers, but was not ready to give it in writing and refused to answer when questioned about the safety of international students studying here. The police official in the room was not keen on taking the complaint.

“Until this incident, I found Tamil Nadu a good place with wonderful people, but it is a shame for the university as students who wished to talk were not allowed to,” Jonas Anton  told Express.

He has filed a complaint with the local police which he is planning to forward it to the French Embassy which he feels will safeguard French nationals here.

Ex-IGP bluffs about Lasantha’s notebook!

- Dec 16, 2015

The then IGP Jayantha Wickremaratne has told the CID that he knew nothing about a note book on which slain ‘The Sunday Leader’ editor Lasantha Wickramatunga had awkwardly written, with his left hand, the numbers of the vehicles that had been ambushing him on 08 January 2009.

When Lasantha informed his closest friend, incumbent UNP chairman Malik Samarawickrama, that several suspicious vehicles were coming after him, the latter told him to take down their numbers and let him know them immediately. On his advice, Lasantha, while steering the car with his right hand, wrote down the vehicle numbers on the notebook with his left hand. But, before he could tell Malik about them, the assailants killed him.

Taking the notebook into its custody, the Mt. Lavinia police listed it as an item of evidence and was going to produce it before courts, when its headquarters inspector was told by the office of the DIG’s office at Mirihana to bring the notebook immediately. Before taking the notebook to the DIG’s office, a picture of it was taken while on the table of the HQI, which the CID has come into possession now.

The then Mirihana DIG has given a statement to the CID that he had handed over the notebook to the IGP at the time, Wickremaratne. Based on that, the CID summoned the ex-police chief and what he first told them was that he had given it to the then defence secretary Gotabhaya Rajapaksa. But, after reading the statement and before signing it, he has asked that Gotabhaya’s name be omitted.

However, the CID is now trying to enlarge the picture of the notebook and get the vehicle numbers in it. Anyway, CID officials say both Wickremaratne and Gotabhaya well know what had happened to the notebook.