Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Saturday, January 16, 2016

Tim Peake: British astronaut carries out first spacewalk

Tim Peake becomes the first "official" British astronaut to carry out a spacewalk at the International Space Station.
Tim Peake
Channel 4 NewsFRIDAY 15 JANUARY 2016
Major Peake is spending almost six-and-a-half hours outside the ISS as he and Nasa colleague Tim Kopra carry out repairs to a broken power unit.
The two are working in 45-minute blocks of daylight, then complete darkness, as the station orbits Earth every one-and-a-half hours.
Major Peake is the first "official" British astronaut to embark on a spacewalk. Michael Foale, who has dual UK/US citizenship, was the first Briton to do this, in 1995, but he was working under a US banner.
Major Peake and Colonel Kopra entered an airlock before opening a hatch and heading outside, where they are tethered to the ISS to ensure they do not drift off. They should finish the repairs in under three hours, and at that point ground control will perform some checks.
The six hours they will spend outside will be tiring because of the pressurised suits they are wearing. They also face the prospect of being temporarily blinded by sunrises and will need to regularly check one another to make sure their suits have not been damaged. They will be able to drink water from pouches, but will not have a toilet break.

'Exhilarated'

Writing in his blog, Major Peake said he felt "exhilarated" by the prospect of walking in space, but said: "I have no time to dwell on these emotions. The six hours and 30 minutes we will work on the space station's hull are meticulously planned and Tim and I need to execute each step methodically."
Before the spacewalk began, British-born US astronaut Nicholas Patrick, a spacewalk veteran, said Major Peake should find time to enjoy the "majesty of the view" during his walk.
He told the BBC Radio 4 Today programme: "When you float out, it is a remarkable feeling. You are used to floating. By this point Tim has been in space for a month, he will know exactly what floating is like.
"What he won't be used to is being outside the space station with a fabulous view and, perhaps more importantly, with a very difficult set of time-critical tasks ahead of him.

'Wonderful experience'

"My bet is that, like me, when he goes out he won't be looking down initially, he will be looking left and right, finding his way around and getting ready for the tasks ahead. But it's a great thing to go out, it's really a wonderful experience."
There have been 191 spacewalks for maintenance at the space station, including a similar walk completed in 2014 by Nasa astronaut Reid Wiseman, who will help guide Major Peake and Colonel Kopra from mission control in Houston, Texas.
Major Peake, a former Army Air Corps and helicopter test pilot, is the first Briton aboard the ISS and the first fully professional British astronaut employed by a space agency.
Previous Britons in space have either had US or dual citizenship or been on privately funded or sponsored trips. Major Peake, who works for the European Space Agency, arrived at the ISS on 15 December 15 on a six-month mission.

Systems Engineering the Human from Birth through Death


The Emerging Dystopian Republic

by John Stanton / January 15th, 2016

Dissident Voice: a radical newsletter in the struggle for peace and social justiceThe systems engineering discipline is at once an exceptional holistic and precision tool for conceptualizing, designing, fielding, maintaining, upgrading and recycling systems as diverse as handheld mobile communications devices, the Internet/WWW, urban transportation systems, and US military weapons systems like an aircraft carrier. Generally speaking, the systems engineering methodology considers the entire life cycle of the system/product from beginning to end. The life cycle process must account for other key inputs: materials, human/humans, labor, time, funding, costs/prices, operational environment, disposal, etc.

Pest control: Ants to the fore

article_image
 
Sooner or later the world is going to have to stop using chemical pesticides. The statistics in India WHO says cancer shows an increase of 60% in just 15 years (1998-2013) and this could only be due to the chemical pollution caused by these unnecessary and vicious compounds that simply create money for their sellers and the people who give them licences and death for farmers and consumers. We need to identify safer, more sustainable and low tech ways to control pests; and what better than the most intelligent, miraculous beings on earth – ants. These super-organisms could become super pest controllers.

PAKISTAN: Government blames mothers for malnutrition deaths of children


Asian Human Rights CommissionJanuary 15, 2016
Children with sunken eyes and protruding bones, struggling to breathe; mothers watching haplessly as their children die in front of their eyes; this sad reality was not happening in Somalia or Ethiopia, but in a country that is the seventh atomic power of the world. The ongoing drought in Pakistan’s Tharparkar district, Sindh province has devoured at least 650 children during the last three years, with more than 562 dead in 2014 alone, according to media reports
(http://www.pakistantoday.com.pk/2014/12/14/national/thar-death-toll-climbs-to-562-as-two-more-infants-die/). Tharparkar district covers over 22,000 square kilometers, with a population of around 1.5 million. The region is termed as “the only fertile desert in the world”, yet has the lowest Human Development Index in all of Sindh.

The first 14 days of 2016 saw some 55 children dying of malnutrition, pneumonia and an outbreak of water born diseases in Tharparkar and adjoining areas. Forty children are still under treatment in different towns of Islam Kot, Mithi, Chachro, Nagar Parker and other areas, but all hospitals lack adequate facilities for the nursery wards.
Two provincial ministers who visited the area blamed underage marriages and carelessness of mothers for the child deaths. Moreover, they noted that only 19 children died in Thar hospitals, while a few newborn babies died in remote villages while going to hospital. The ministers blamed the media for depicting a doomsday like situation in Thar.

Despite print, electronic and foreign media all reporting the same child death statistics, the government continues to deny the figures. The provincial food minister has also attributed the sudden rise in child deaths due to a lack of awareness about handling newborns, and mothers’ delayed arrival at medical facilities.

Yet, the government has not taken any serious action to provide adequate health and food access for pregnant women. According to a report submitted in Sindh High Court by the Chief Secretary in December 2014, the majority of people living in Thar are Hindu, who do not eat meat or fish, and rely on vegetables, chilies, dairy and other local products for their nutritional needs. Their intake of proteins/energy/fats and other requisite calorific values is thus relatively lesser. The report therefore concludes the weakness in women revolves around the non-consumption of a protein-rich diet, as well as their cultural patterns.

For many years the Tharparkar region has had persistently high rates of acute malnutrition exceeding emergency thresholds. Rates of severe acute malnutrition (SAM) are particularly high, with a national average of 5.8%. Pakistan is second only to India in contributing to the global burden of SAM. The majority of SAM cases are under 24 months old.

For the past two years, the Tharparkar district is facing serious drought. Low rainfall in 2013-14 and its impact on food stocks and livestock, together with poor sanitation and hygiene, limited availability of clean drinking water, limited access to health care services have all aggravated the nutritional situation further. The media is now reporting a rise in morbidity and mortality (http://www.hands.org.pk/2012).
Parents of sick children have complained that doctors at Thar’s main hospital, Civil Hospital Mithi, refused to admit their sick children and asked them to go to Hyderabad, 150 kilometers away, for treatment. Even parents of children who were admitted, were also forced by doctors and paramedics to go to other cities for proper treatment. According to the parents, it was an attempt by health officials to hide their incompetence and divert attention from the fact that children were again dying of malnutrition and other diseases.

People have no access to clean drinking water, food supplies, appropriate dwellings or shelter from heat. Despite high casualties—the death of more than 600 children and livestock losses over the last three years—the calamity that has engulfed many lives is yet to be effectively addressed by the government. People are forced to borrow money from moneylenders on 100 percent interest for staple food, fodder and medical treatment.

Moreover, the government has done little to improve health facilities. No efforts have been made to fill the 134 vacancies for doctors in Thar District. Only 298 doctors are available, which includes child specialists and female doctors. Over 215 dispensaries remain non-functional in Thar's remote villages. According to inquiries by Dawn, of Tharparkar’s 26 posts of doctors, 25 are vacant.

The Sindh government must come out of its inertia and take concrete steps to address the problems facing Tharparkar district. Rather than blaming early marriages and careless mothers in a reactive manner to the crisis, it should take proactive responsibility to secure the life and dignity of its citizens and children. The government should immediately provide Thar with portable water and reinstate the reverse osmosis plants installed to provide water to rain-dependant inhabitants of Thar. It should increase funding to the Civil Hospital in Mithi and to the Basic Health Units in the villages and towns of Thar. The plans of Benazir Bhutto Dastarkhawan, Mithi Nursing Hospital, Thar Water Management Board and Thar Food Bank announced by the PPP-led Sindh government, should be urgently implemented. Health and nutrition education should also be provided to women.

Ebola virus: New case emerges in Sierra Leone

A health worker wearing a protective suit treats Ebola patients in West AfricaThe Ebola outbreak killed almost 4,000 people in Sierra Leone
BBC15 January 2016
Sierra Leone officials have confirmed a death from Ebola, hours after the World Health Organization declared the latest West Africa outbreak over.
The country was declared free of the virus on 7 November, and the region as a whole was cleared when Liberia was pronounced Ebola-free on Thursday.
Tests on a person who died in northern Sierra Leone proved positive, an Ebola test centre spokesman told the BBC.
The WHO has warned, however, that more flare-ups are expected.
The Sierra Leone death occurred earlier this week.
Ebola test centre spokesman Sidi Yahya Tunis told the BBC that the patient had died in the Tonkolili district. He had travelled there from Kambia, close to the border with Guinea.
map
The tests were conducted by British health experts. The BBC's Umaru Fofana in the capital Freetown said health officials were now urgently seeking those who had come into contact with the victim.
Close to 4,000 people have died of Ebola in Sierra Leone, and 11,000 people across the region, since December 2013.
Liberia was the last country to see the end of active transmission of Ebola. But it had been declared clear twice before, only for the infection to re-emerge.
A country is considered free of human-to-human transmission once two 21-day incubation periods have passed since the last known case tested negative for a second time.

Ebola deaths

Figures up to 13 January 2016

11,315
Deaths - probable, confirmed and suspected
(Includes one in the US and six in Mali)
  • 4,809 Liberia
  • 3,955 Sierra Leone
  • 2,536 Guinea
  • 8 Nigeria

Friday, January 15, 2016

Still no solution for the primary section of Dabarella Vidyalaya – Two people fasting is critical

Still no solution for the primary section of Dabarella Vidyalaya  – Two people fasting is critical

Lanka News Web's Profile PhotoJan 15, 2016
Although three days has been elapsed still no solution was given by the authorities for the fasting protest conducted by the parents who demanded to reinstate the primary section of the Dabarella Maha Vidayalaya in the Tangalle zonal education division. Parents said out of four parents who started the hunger strike the condition of two people are currently serious. Parents said although three days has elapsed no officers have come forwards for a discussion so far.

During the former regime under the privilege school mechanism in 2011 the parents said due to the removal of the primary section of the Dabarella Maha Vidyalaya the students had to walk four to five kilometers and reach other schools. The parents said their children’s have to walk pass looking at the previous school they studied and go to schools situated far away.
 
Therefore the parents urge the relevant authorities to reinstate the primary section in the Dabarella Maha Vidyalaya and to resolve their problem.
 
Tangalle zonal education director Channa Upali Weerasekara said this demand is not unfair. However he said when there are other primary schools in the same area it would be an unfair for those primary schools, if the primary section of the Dabarella Maha Vidyalaya is reinstated. He said the amount of money spent reinstating the primary section of the Dabarella Vidyalaya, it could be promoted to a secondary school.
 
However the parents lamented that no single step taken so far to develop the Dabarella Maha Vidyalaya. They emphasized still no proper teachers deployed for the advanced level subjects and the only irregularity done is removing the primary section.

Sri Lankan military blocks access to temple, harasses journalists on Thai Pongal



15 January 2016





Sri Lanka soldiers prevented Tamils from accessing a temple where a special pooja was being held to celebrate Thai Pongal earlier today, whilst Tamil journalists attempting to cover the event were harassed and faced extensive security checks. 



A special pooja was being held for Thai Pongal at the Rajarajeswari Amman Temple inside the Palali High Security Zone, with Sri Lankan Prime Minister Ranil Wickremesinghe, government minister Vijayakala Maheswaran and Tamil National Alliance MP Maavai Senathirajah in attendance. 





Though security had been ramped up in Jaffna over the preceding days with the military deployed across the region, in anticipation of Mr Wickremesinghe’s visit, the deployment of soldiers marked a departure from previous high level Sri Lankan government visits, which saw only an increase in police numbers. 



Whilst Tamil villagers attempting to access the temple site faced extensive security checks, Tamil journalists were initially refused entry to the High Security Zone with attempts made to seize their mobile phones. Meanwhile, media personnel from Colombo and the South of the island were reportedly ushered in through separate vehicles and faced no further security difficulties. 

With crowds of people gathering at the temple hoping to celebrate pongal, the military denied them all access to the temple premises, where Mr Wickremesinghe reportedly prayed and received blessings. 

After the ceremony, whilst media from the South were provided transport to the Veerasingham hall in Jaffna town where British Minister Hugo Swire was due to speak, the Tamil journalists were left to make their way to the venue by foot. As they walked out of the High Security Zone, the journalists were once again held by Sri Lankan troops who interrogated them further. 

Once at the Veerasingham Hall, they were further impeded by the security forces, with members of the Presidential Security Division following the journalists at all times. 

A journalist who did not want to be named told the Tamil Guardian that “media freedom was severely restricted.” 

“The security restrictions were not this tight, even when Mahinda Rajapaksa came to Jaffna.”

Accountability & Reconciliation in Sri Lanka: Dr.Saravanamutthu and Ms.Manori Muthettuwegama to Head the Task Force

MS-UNHRC-1-600x400
( Foreign Minister to play a crucial role in the implementation of UNHRC resolution on Sri Lanka)
Sri Lanka Brief15/01/2016
(Sri Lanka Brief/ 12 January 2016)
The government of Sri Lanka is now almost finalised establishing a Consultation Task Force for the Transitionary Justice (TJ) process in Sri Lanka. The Consultation Task Force is expected to come up with recommendations for establishing viable domestic mechanisms to address the alleged serious human rights violations that have taken place during the last phase of the war, after nationwide consultations.
This Task Force has been established under the UN Division of the Ministry of Foreign Affairs in close collaboration with the Secretariat for Coordinating Reconciliation Mechanisms (SCRM), Prime Minister’s Office. SCRM has been established with the approval of Cabinet of Ministers. Letters of invitation to the task have been sent with the letterhead of SCRM and Prime Ministers Office.
SCRM
Invitation letters to the Task Force comes from the SCRM
The Foreign Ministry has appointed Dr. Paikiasothy Saravanamuttu as the secretary and Ms. Manouri Muttetuwegama as the chair of the Consultation Task Force. Dr. Saravanamuttu, a well-known human rights defender is the executive director of the Colombo based liberal think tank the Centre for Policy Alternatives. Attorney at Law Ms. Muttetuwegama, who has served in number of accountability mechanisms during the past two decades is highly regarded human rights defender in Sri Lanka.
Informed sources say that that there is no direct involvement of the Office for National Unity and Reconciliation (ONUR) headed by  Chandrika Bandaranaike Kumaratunga, former President of Sri Lanka in establishing the Task Force. ONUR was set up under the President, on approval of a cabinet decision obtained by the Hon. Prime Minister. Its website has only in English language content. A daughter of one of its board of governors has been recruited to run the ONUR.
No role has been envisaged for the Ministry for National Dialogue headed by minister Mano Ganeshan in the Consultation Task Force process.
The Task Force has 3 levels; the Consultation Task Force, Expert Advisory Panel and Representative (regional) Advisory Panel. So far 11 members have been appointed to the Task Force and 15 members to the Expert Advisory panel.
Number of leading Sri Lankan human rights defenders have been appointed to the first two levels of the Task Force. More than dozen of them have been to Geneva over the past 6 years to campaign for human rights and accountability in Sri Lanka. Among them are Bahavani Fonseka, Brito Fernando, Sudarshana Gunawrdana, Nimalka Fernando, Niran Anketell and Fr. Yogi. Two members of the Human Rights Commission of Sri Lanka too have been named as members to the expert advisory panel. Well known academics and social activists from Jaffna and Batticaloa too has been appointed.
The Task force is entrusted to carry out wide consultations for setting up following commissions: a commission for Truth, Justice, Reconciliation and Non-recurrence; an Office for Missing Persons based on the principle of the families’ right to know (with expertise from the ICRC); a Judicial Mechanism with a Special Counsel; and an Office for Reparations. The Task Force is expected to organise a wide process of consultations involving all stakeholders, including victims.
The Task Force has been given 3 months to finish its consultations and submit recommendations. It has already held number of preparatory meetings and it is expected that the Consultation ask Force will be made public in the coming days.

Rein In The Clowns


By Sharmini Serasinghe –January 15, 2016
Sharmini Serasinghe
Sharmini Serasinghe
Colombo Telegraph
What exactly does “giving the foremost place to Buddhism in the constitution” mean?
This question is related to a huge fuss being made by the saffron robed, and others, about the inclusion of Article 9 of the current Constitution, in the new Constitution of Sri Lanka, without any amendments.
As a Buddhist I ask, why does Buddhism need to be mentioned in the Constitution at all? What benefits has Buddhism, its followers and Sri Lankans as a whole derived, from it being given the “foremost place” in the current Constitution? Has the Dhamma become better than what the Buddha preached, since its initial mention in our Constitution?
What is starkly obvious by this hoo-hah, but not being articulated aloud is that, Buddhism be given pride of place, while other religions and faiths are relegated to, underdog status. If not, what else does it mean?
Is this the way to reconciliation and peaceful coexistence in this country?
Next, I ask, as Article 9 of the current Constitution also includes, “……..it shall be the duty of the State to protect and foster the Buddha Sasana……” why, it must it be the duty of the State, to protect and foster the Buddha Sasana? Isn’t this the business of the Maha Sangha and its flock?
As all knowing Buddhists know, the Dhamma is indestructible and needs no protection from anything or anyone, least of all, a mere mention on paper; the Constitution, ensuring its supreme status. For, the Dhamma will always occupy the ‘foremost place’ in the minds of genuine Buddhists, irrespective of its mention in the Constitution or not.
However, despite Buddhism being accorded the “foremost place” in the current Constitution, its image in the eyes of the other stands greatly challenged today, as it has been sullied, not by others, but by those from within the Buddhist establishment; the likes of the abominable Gnanasara, his equally despicable Bodu Bala Sena (BBS), and all what they stand for.
Compounding this menace, we now have yet another saffron robed, Yakkalamulle Pawara and his Sinhale Jathika Balamuluwa, claiming to “safeguard the identity of the Sinhala people, and to regenerate the supremacy and pride of the Sinhala people”.
Might I ask, safeguard our identity, from whom and what?
Might I also ask, what in heaven’s name is so “supreme” about the Sinhalese people? What have we, the Sinhalese achieved, others have not, to entertain such “pride”? I challenge all those out there, who keep chanting, “I’m proud to call myself a Sinhala-Buddhist”, to give me a valid answer to my questions, as so far, I have not.                                                        Read More

Sri Lanka PM vows greater political power for Tamils

MailOnline - news, sport, celebrity, science and health storiesBy AFP- 15 January 2016

Sri Lanka's prime minister on Friday promised greater political power to the island's Tamil minority under a new constitution aimed at preventing a return to ethnic war and healing the wounds of the past.
Speaking in the Tamil heartland of Jaffna, Ranil Wickremesinghe marked the Hindu festival of Pongal with a pledge to devolve power and demilitarise a former war zone -- two of the minority's key demands.

"We are ready to devolve power (to minority Tamils) and protect democracy," Wickremesinghe said in a nationally televised ceremony.
The regime of former president Mahinda Rajapakse faced repeated UN censure over his failure to investigate allegations that at least 40,000 Tamil civilians w...

The regime of former president Mahinda Rajapakse faced repeated UN censure over his failure to investigate allegations that at least 40,000 Tamil civilians were killed by troops under his command while crushing the rebels in 2009 ©Ishara S. Kodikara (AFP/File)

The premier also promised to "take action" against both state forces and Tamil rebels accused of war crimes in the final stages of the island's 37-year-old separatist war, in line with pledges to the UN Human Rights Council last year.

"Who has violated (humanitarian law), it could the security forces or the LTTE (Liberation Tigers of Tamil Eelam)," he said. "We will take action accordingly."

Sri Lanka's year-old government has begun drafting a new constitution aimed at resolving the drawn-out ethnic conflict which ended in 2009 and claimed 100,000 lives, the premier said.

The issue has been fraught, however, with hardline members of the Sinhalese majority opposing a federal system that would ensure more political power for minority Tamils.

Some minorities fear a "unitary" constitution would see them lose out while moderate Tamils who want to remain in a single union have pressed for greater power in areas where they are in the majority.

"The Constitutional Assembly will discuss with all, including (Tamil-dominated) provincial councils to have a new constitution," Wickremesinghe said. "We will do that in a transparent manner."

The prime minister also promised Friday to do more to help families of victims resolve the issue of dozens of Tamils who have been imprisoned for years without charge.

Other measures announced include recruiting hundreds of Tamils to the police and military to reduce the mistrust between Jaffna residents and the security establishment, and further support for families of war victims.

"There are lists of missing people and I am afraid most of them may not be among the living," Wickremesinghe said.

President Maithripala Sirisena, who was elected in January last year partly on the back of Tamil votes, was due to travel to Jaffna Friday, but was unable to make it due to "unavoidable" reasons, his office said.

The regime of former president Mahinda Rajapakse faced repeated UN censure over his failure to investigate allegations that at least 40,000 Tamil civilians were killed by troops under his command while crushing the rebels in 2009.

Victim and Witness Protection and Transitional Justice: The Imperative Need for Urgent Reform

Sri Lanka has long played host to a culture of impunity, aggression and oppression which have stymied justice and transparency. The judicial system has also been characterized by a lack of competence and independence. The long list of unpunished murders, abductions and other crimes against victims and witnesses of state crimes have taken away almost all credibility from the justice process and have heightened the prevailing fear of speaking out. All of this has long been known and quietly acknowledged, but it seemed that nothing could or would be done to change the state of affairs. It seemed certain that victims and witnesses of state crimes would always have to testify amidst possibility of being harmed, and that the responsibility of protection would always have to be secretly arranged by civil society activists and human rights defenders.
Sudden attention was drawn to the matter of victim and witness protection in March of 2015, when, under the new government, Parliament passed the Victim and Witness Protection Act. It is an Act that was long in the making. Its initial draft was released in 2000 and was then revised under two very different governments.
In light of all this, reactions to the Act have been mixed. On the one hand, the passage of the new Act symbolizes a new openness to honest and transparent hearings and judicial proceedings. Through it, the State acknowledges that compensation ought to be given to victims and witnesses and makes provision accordingly. These developments have been welcomed both locally and internationally. However, there were concerns that the Act would not be as effective as anticipated or desired, and that it would be heavily reliant on executive decision makers within the government. Further study has shown that while the Act does bring progress in providing statutory protection and compensation to victims and witnesses, there is an overall lack of independence within the statutory bodies contemplated by its provisions. .
The Act establishes a National Authority for the Protection of Victims and Witnesses as well as a Victims of Crime and Witness Assistance and Protection Division. Under the Act, both these bodies are heavily controlled by executive functionaries which would militate against independence. The “Authority” is to be headed by a Board of Management comprising twelve members. Seven of them are to  be ex officio members of ministries and the remaining five are to be appointed at the discretion of the President. This arrangement leaves the Board being virtually controlled by the government of the day, thereby compromising its autonomy. As Aruni Jayakody points out in “Victim and Witness Protection: The Need for Further Reform”, the Act also fails to provide for the participation of practitioners and experts, privileges state functionaries over civil society activists, human rights defenders and religious leaders who have long been working to provide protection to victims and witnesses. The Authority has the mandate to make general recommendations to other government departments and agencies on the matter of victim and witness protection. However, these recommendations are not binding and even the Division, which has the responsibility to provide the protection required, does not have a legal obligation to follow recommendations issued by the Authority.
Under the Act, the “Division”, headed by a Senior Superintendent of Police nominated by the IGP, has the authority to design and implement a Victims and Witness Assistance Programme according to guidelines issued by the Authority. This Division is mandated with the task of investigating complaints of threat or violations committed against victims or witnesses as well as investigating offences committed under the Act. Given the nature of crimes to be investigated by the Division – which are likely to include criminal activity by state functionaries including the police – it is necessary and desirable that the Division be financially and administratively independent from the regular police hierarchy, and should report to the Authority, be paid by the Authority and be under the disciplinary control of the Authority. In terms of the Act however, the independence of the Division is severely compromised by the fact that it is not insulated from the regular police hierarchy. Instead, it is left open to interference from fellow police officers or their superiors in the chain of command. Bearing in mind the culture of impunity that has plagued the police and security forces, this state of affairs is dangerous as it could place the protection of victims of witnesses of state crimes in the effective control of perpetrators of those very same crimes.
Without effective control by an independent Authority over the Division, a credible victim and witness protection programme cannot established. The flaws in the existing Act threaten to derail any progress possible through the enactment of the Act, but more critically, threaten the safety and security of victims and witnesses it ought to protect.
The mixed reactions to the Act are therefore entirely understandable. The UN’s OISL Report and the Human Rights Council Resolution on Sri Lanka of 2015 reflect this ambivalence. Both documents welcomed the new law on victims and witness protection, but then stressed the importance of reviewing and strengthening the protection afforded by the Act. The OISL Report was particularly critical of the the lack of independence of the Authority and the failure by the Act to insulate the Division from the police command structure. The Resolution welcomed the commitment made by the Sri Lankan government in the Foreign Minister’s speech to review the Victim and Witness Protection Act.
The importance of revising the Act in line with the government’s commitments cannot be overstated. When victims and witnesses participate in Transitional Justice mechanisms – whether judicial or nonjudicial  – they risk revictimization, whether in their interaction with state functionaries, or in their treatment through the trial process. Sri Lanka’s recent history has seen police and security personnel prioritize administrative efficiency at the expense of victims and witnesses, while in other cases they threaten and pressure witnesses and their families to drop human rights cases or to stop them from participating in proceedings. Were these violations to occur in relation to the functioning of the Special Court, the Truth Commission or the Office of Missing Persons, the mechanisms would turn into sham procedures, notwithstanding other positive features. Victims and witnesses whose testimony could bring to light important information would be too afraid to publicly denounce the wrongdoers, who would then evade justice yet again. The lack of independence in a victim and witness protection programme could undermine all efforts to look at the past honestly and constructively. Seeing how vital the immediate revision of the Act is, we cannot let it rest on the back burner. Swift progress in revising the Act must precede the establishment of Transitional Justice mechanisms. In planning out their course of action, the government must be pressured to fulfill its promised, and to do so now. Victims and witnesses must be able to participate in the coming mechanisms with an assurance that the State bears responsibility for their protection, that they will be fairly compensated for the harms suffered and that they will not be harmed by outside parties or by the Division assigned for their protection. To delay the revision of the Victim and Witness Protection Act 2015 is to prolong fear. To prolong fear is to deny truth and justice.

Sri Lanka’s Circuitous Road to Reform

Sri Lanka’s Circuitous Road to ReformBy January 16, 2016

The Diplomat

Sri Lanka’s recent democratic gains are real; so are the challenges that lie ahead.

Sri Lanka has seen significant political drama over the past 12 months. Mahinda Rajapaksa, the previous president who ruled for a decade was unexpectedlydefeated during last January’s presidential election. Voters reiterated their desire for change during August parliamentary polls, though Rajapaksa still won a seat in parliament. Current President Maithripala Sirisena, a former member of Rajapaksa’s cabinet, promised bold reforms and has taken a few steps in the right direction.
However, across the diverse panoply of possible reforms, we’re seeing more than a modicum of incoherence and a lack of transparency. Amongst those stalled reforms, anti-corruption efforts stand out. We’re still not witnessing accountability for corruption, a fundamental reason why Rajapaksa was thrown out of power.
Largely due to sustained international pressure, Sirisena’s coalition government has now made serious commitments regarding reconciliation and transitional justice, although the government’s actions thus far are incompatible with those pledges. For example, if the Sirisena administration is really serious about transitional justice, Colombo must finally explain the substance of the most recent U.N. Human Rights Council resolutionon Sri Lanka to the general public. That resolution deals broadly with transitional justice, human rights and governance; incredibly, the Sri Lankan government even co-sponsored it. Additionally, instead of pretending that international involvement in Sri Lanka’s proposed transitional justice plan is superfluous, Colombo needs to explicate the importance of international involvement to ensure that the entire process is comprehensive, inclusive and credible.
In order to better understand the challenges for the new government’s extensive reform agenda, now is an auspicious time to revisit the circumstances surrounding this year’s elections. While some may remain hopeful that Sirisena will bring a divided, post-war nation together, it’s helpful to keep in mind that the dominant narratives surrounding both votes this year addressed neither national reconciliation nor minority grievances. Kumaravadivel Guruparan, a lecturer in law and spokesperson for the Tamil Civil Society Forum, says that Rajapaksa “was defeated because of his corrupt, family nepotism” and believes “there was no mandate for reconciliation.” This take makes sense because contesting either election on a reconciliation platform would have been political suicide, as such a message would not have resonated with most ethnic Sinhalese. “Rajapaksa was not defeated because of his policies against Tamils,” notes Guruparan.
Sri Lanka’s minority groups voted overwhelmingly for Sirisena, yet Colombo has been reluctant to reach out to Tamils. It’s hard to believe that a meaningful transitional justice process is feasible if the government refuses to release Tamil political prisoners. And, thus far, the government has been unwilling to acknowledge that sustained militarization across the historically Tamil Northern and Eastern provinces contradicts any substantive transitional justice agenda. While the government has released some land (which had been occupied by the military) to Tamil civilians, much work remains to be done in this area too. Furthermore, recent research has proven that the ongoing abduction, torture and rape of Tamil civilians continues under Sirisena’s watch. That said, one could argue that the situation would be even worse if Rajapaksa were still running the show. “There is nothing more the Tamils dread than a change back to a Rajapaksa led government,” says Jehan Perera, executive director of the Colombo-based National Peace Council.
On the bright side, there’s now greater tolerance for public dissent and a constitutional amendment to trim presidential power has been passed. “The most positive accomplishment of the government has been the sense of freedom it has brought to the people at large,” notes Perera. Attacks against religious minorities have dropped as well. Sirisena has also done a better job of managing the country’s foreign policy. That being said, Sirisena’s been in office for over 12 months and the government’s parade of promises seems to know no bounds. The government has now promised a new constitution that will finally abolish the powerful executive presidency and create a lasting political solution to the longstanding ethnic conflict.
To conclude, the democratic gains that Sri Lanka has made over the past 12 months are real and deserve to be recognized, but so do the outstanding concerns about the reform agenda and the array of challenges that lie ahead. The current situation in the country is messier and more complicated than it may at first appear. A deepening of democracy in the coming months isn’t a forgone conclusion; neither is the implementation of a comprehensive transitional justice package. Moreover, the progress thus far has been asymmetrical; there’s a lot about daily life in the country’s Tamil-dominated areas that hasn’t changed since Rajapaksa’s ouster.
Sirisena’s ascension to the presidency really shook up the country’s political scene. He has the chance to do so again: by leading the way on constitutional reform; by overseeing the implementation of a comprehensive approach to transitional justice; by standing up to the military and emphasizing that a culture of impunity will no longer be tolerated; by explaining to Sinhalese why the need for accountability and a durable political solution are so important; by proving to the Sri Lankan people and the world that he’s a real democrat.