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

Thursday, June 16, 2016


 — Last year’s presidential elections fell apart amid cries of fraud. An interim government named in February was supposed to organize new ones. Now, no one is sure who is really in charge here.
Political transitions always make for volatile times in Haiti. But the latest political crisis is whittling away whatever is left of the dream that Haiti could come back better and brighter from its devastating 2010 earthquake.
The 120-day mandate of the interim president, Jocelerme Privert, expired at midnight Tuesday. Haiti’s parliament has not extended his tenure, nor appointed another caretaker figure. Privert’s opponents say his term has clearly ended; he and his supporters insist he remains Haiti’s de facto president unless lawmakers vote him out. The head of Haiti’s lower house has not been able to get lawmakers to decide on it.
This sort of standoff is the last thing Haiti needs, producing an all-consuming distraction from its many other problems: economic stagnation, a tanking currency, drought, cholera, the Zika virus, food shortages and a three-month-old strike by public-health workers.
Six years after the 7.0-magnitude earthquake that killed 200,000 and left more than a million homeless, the heady talk of rebuilding a stronger Haiti has given way to a sinking sense that the country’s political class is cracked beyond repair.
Foreign governments that largely financed Haiti’s failed elections last year, to the tune of $100 million, are running out of patience but seem to be wary of destabilizing the country any further. They have reluctantly embraced the plan to redo the October presidential vote.

“Haiti can’t afford to go without its democratically elected leaders, and those democratically elected leaders need to get to work,” U.S. Ambassador Peter Mulrean said in an interview. “For us as a government, it’s not the same thing dealing with a provisional president. We need a full-time partner in the government of Haiti, and that means both a president and a parliament who we can work with to deal with immediate crises and get development off the ground again.”

Since the end of authoritarian rule more than 30 years ago, Haiti has struggled to stage orderly elections, a problem often explained with the observation that politics here is a business. That does not quite capture the nature of the problem.


Politics in Haiti is more like an industry in a country that lacks other ways to make a living. With so few formal jobs, a struggling economy and a seasoned culture of corruption, getting into power and staying there is one of the few ways to secure regular employment and a decent salary.

This makes electoral defeat something that is less likely to be publicly acknowledged than privately negotiated.

Privert’s opponents, led by the Tet Kale (“Bald Head”) party of former president Michel Martelly, who left office when his term ended Feb. 7, said they will mobilize street protests to force Privert out. The party — which appears to have enough backing in the Chamber of Deputies, Haiti’s lower house, to block an extension of Privert’s mandate — says Prime Minister Enex Jean-Charles should be recognized as Haiti’s interim leader.

Ann Valerie Timothee, Martelly’s former chief of staff and now the leader of the Bald Head party, said in an interview that Haiti is not facing a “political crisis” but something far worse.

“A crisis is something that has a beginning and end,” Timothee said. “We have a systemic problem.” Elections, she said, are always contested by the loser.

Timothee said Privert’s attempt to stay in power without an electoral mandate will drag Haiti back into an era of undemocratic rule. “People have died for Haiti to have democracy,” Timothee said.

A vendor pushes past heaps of garbage in downtown Port-Au-Prince on June 10. The area is home to a busy marketplace that was once occupied by brick-and-mortar businesses that were not rebuilt after the earthquake in 2010. (Bonnie Jo Mount/The Washington Post)
The country is mostly calm for now. Campaign posters and political graffiti blanket the crowded streets of the capital, and recent pro- and anti-Privert demonstrations have been relatively small and peaceful by Port-au-Prince standards. But it is a city with a notoriously short fuse.

On Tuesday, Privert’s supporters from the Fanmi Lavalas party, founded by deposed former leader Jean-Bertrand Aristide, marched through the streets calling for him to stay. Although Aristide returned to Haiti from exile in 2011, he has remained out of public view. Privert was a key cabinet member in Aristide’s government and spent two years in prison on charges that he was involved in the massacre of government opponents during a 2004 coup while serving as interior minister.

Haiti is the poorest country in the Americas, with 80 percent of the population living in poverty. U.N. troops patrol the streets in blue helmets and body armor. Foreign doctors and aid groups keep the health system from collapse. Aside from a few apparel plants and agricultural exports, money sent home by Haitians working abroad is what mostly provides a lifeline.

Much of the rubble from the 2010 earthquake has been cleared. But the latest crisis has reinforced the view that the country is stuck in a kind of externally managed poverty, in which foreign governments and aid organizations try to keep a lid on the place and ameliorate the worst suffering.

“There’s no investment. Tourism is dead. The political parties have no plan whatsoever. They may talk about ideology, but the bottom line is power,” said Robert Fatton Jr., a political scientist at the University of Virginia who was born and raised in Haiti.

Fatton said U.S. officials and other foreign donors have grown tired of Haiti’s political class and its seeming inability to work on behalf of Haitians trapped in misery. He said donors have increasingly become resigned to an approach in which two overarching goals are “political stability and no boat people.”

Worn posters from political candidates line a wall that shields a construction site for a church in Port-Au-Prince on June 10. (Bonnie Jo Mount/The Washington Post)
Many Haitians, for their part, have come to see foreign governments and donors cynically, especially after international observers put a stamp of approval on last year’s disputed presidential elections, calling them flawed but essentially fair. The losing candidates did not agree, and their allegations of fraud forced the cancellation of the runoff vote that would have given Haiti a president by now.

Martelly was ineligible for reelection, and when he left office, Privert was appointed as a caretaker president by Haiti’s National Assembly. He formed a commission to investigate what happened during the first round of voting, and its lengthy report concluded that the election — featuring 54 presidential candidates — was so dirty that the results should be tossed out.

The commission has recommended new elections for Oct. 9, with a runoff Jan. 8. Privert would be ineligible to run in that contest, but his opponents do not trust him to organize fair elections. Martelly’s Bald Head party has not accepted the new timeline.

Martelly was ineligible for reelection, and when he left office, Privert was appointed as a caretaker president by Haiti’s National Assembly. He formed a commission to investigate what happened during the first round of voting, and its lengthy report concluded that the election — featuring 54 presidential candidates — was so dirty that the results should be tossed out.

The commission has recommended new elections for Oct. 9, with a runoff Jan. 8. Privert would be ineligible to run in that contest, but his opponents do not trust him to organize fair elections. Martelly’s Bald Head party has not accepted the new timeline.

Its candidate, Jovenel Moise, a farmer nicknamed “Banana Man,”won the highest number of votes in last year’s contest. But second-place finisher Jude Célestin refused to participate in a runoff, because he said the first round was so tainted, and his campaign has welcomed the plans for a do-over.

A new election for president and a portion of Haiti’s parliament will cost an estimated $60 million more.

BONE METASTASES

Clinical Key

MAY 16, 2016
Bone is the third most common tissue affected by metastatic disease. Breast, lung, and prostate cancer metastasize to bone most frequently. Common symptoms of bone metastases include pain, fractures, spinal cord compression, and high blood calcium levels.

One explanation regarding the source of the pain from bone metastases is the layer covering the outer surface of the bone, called the periosteum. The periosteum is rich with nerve fibers that produce pain when the membrane is irritated or damaged. Bone metastases can cause pain by direct or indirect sensitization of the periosteum. 

Current Treatment

Current treatments for patients with bone metastases are primarily palliative and include localized therapies (radiation and surgery); systemic therapies (chemotherapy, hormone therapy, radiopharmaceutical therapy, and bisphosphonate administration); and analgesic therapies (opioids and non-steroidal anti-inflammatory medications). Researchers have also tested radiofrequency and cryoablation as treatment options, aimed at improving quality of life and the patient’s functional level. Treatment with external beam radiation therapy (EBRT) is the standard of care for patients with localized bone pain, and it has a success rate (i.e., pain relief) of 70% to 80%.

Focused Ultrasound Treatment

Focused ultrasound, a completely non-invasive, radiation-free method to treat bone metastases, is approved in the United States, Europe, and other regions of the world. Using this treatment modality in conjunction with image guidance, the physician administers appropriate pain mitigation and then directs a focused beam of acoustic energy through the patient’s skin, superficial fat layer, muscles, and other organs to heat the targeted bone and bone-tissue interface. This significant rise in temperature thermally coagulates the periosteal membrane surrounding the targeted bone and may even directly damage tumoral tissue in the targeted area. The destruction of the periosteum, which contains the pain-reporting nerve fibers, provides rapid pain palliation. However, it should be noted that focused ultrasound is not suitable for every patient.

There are several potential benefits of focused ultrasound for the treatment of painful bone metastases:
  • It is a non-invasive, low-morbidity treatment that allows for a quick return to normal life (usually the next day).
  • It offers rapid and durable resolution of bone metastasis pain.
  • A single therapy session is usually enough for significant symptomatic improvement.
  • It has a reported low rate of complications.
Treatment does not use ionizing radiation, which means:
  • It is possible to repeat focused ultrasound treatments to bone.
  • It is possible to treat patients who have reached their maximum dose of radiation for the targeted bone metastasis.
  • It is possible to combine radiotherapy for the primary tumor with focused ultrasound to the bone metastasis without creating local overdose.
  • It has a theoretical advantage of reducing structural damage to bone and allowing faster bone healing after treatment.

Regulatory Approval and Reimbursement

The following geographical regions have one or more focused ultrasound devices approved to perform focused ultrasound treatment of painful bone metastases: USA (FDA), Europe (CE Mark), Korea (KFDA), Asia, Canada, Israel, India, Latin America and Russia.
Treatments are reimbursed in Italy and Germany. In other countries, coverage may be available on a case-by-case or site basis..

Treatment Sites

Clinical Trials

For a full list of known bone metastases clinical trials, please see here.

Notable Papers

Piper RJ, Hughes MA, Moran CM, Kandasamy J. Focused ultrasound as a non-invasive intervention for neurological disease: a review.Br J Neurosurg. 2016 Jun;30(3):286-93. doi: 10.3109/02688697.2016.1173189. Epub 2016 Apr 22.

Ringe KI, Panzica M, von Falck C. Thermoablation of Bone Tumors. vRofo. 2016 Mar 16.

Gu J, Wang H, Tang N, Hua Y, Yang H, Qiu Y, Ge R, Zhou Y, Wang W, Zhang G. Magnetic resonance guided focused ultrasound surgery for pain palliation of bone metastases: early experience of clinical application in China. Zhonghua Yi Xue Za Zhi. 2015 Nov 3;95(41):3328-32.

Kobus T, McDannold N. Update on Clinical Magnetic Resonance-Guided Focused Ultrasound Applications. Magn Reson Imaging Clin N Am. 2015 Nov;23(4):657-67. doi: 10.1016/j.mric.2015.05.013. Epub 2015 Jul 7. Review.

Brown MR, Farquhar-Smith P, Williams JE, ter Haar G, deSouza NM. The use of high-intensity focused ultrasound as a novel treatment for painful conditions-a description and narrative review of the literature. Br J Anaesth. 2015 Oct;115(4):520-30. doi: 10.1093/bja/aev302.

Yeo SY, Elevelt A, Donato K, van Rietbergen B, Ter Hoeve ND, van Diest PJ, Grüll H. Bone metastasis treatment using magnetic resonance-guided high intensity focused ultrasound. Bone. 2015 Dec;81:513-23. doi: 10.1016/j.bone.2015.08.025. Epub 2015 Aug 29.

deSouza N, Ward N. Magnetic resonance-guided high-intensity-focused ultrasound for the treatment of cancer-related pain. Pain Manag. 2015;5(4):221-4. doi: 10.2217/pmt.15.25. Epub 2015 Jun 19.

Ten Eikelder HM, Bošnački D, Elevelt A, Donato K, Di Tullio A, Breuer BJ, van Wijk JH, van Dijk EV, Modena D, Yeo SY, Grüll H. Modelling the temperature evolution of bone under high intensity focused ultrasound. Phys Med Biol. 2016 Feb 21;61(4):1810-28. doi: 10.1088/0031-9155/61/4/1810. Epub 2016 Feb 8.
Sin Yuin Yeo, Andrés J. Arias Moreno, Bert van Rietbergen, Natalie D. ter Hoeve, Paul J. van Diest, and Holger Grüll. Effects of magnetic resonance-guided high-intensity focused ultrasound ablation on bone mechanical properties and modeling. Journal of Therapeutic Ultrasound 2015, 3:13  doi:10.1186/s40349-015-0033-8
Hurwitz M, Ghanouni P, Kanaev S, Iozeffi D, Gianfelice D, Fennessy F M, Kuten A, Meyer J E, LeBlang S D, Roberts A, Choi J, Larner J M, Napoli A, Turkevich V, Inbar Y, Tempany C M, Pfeffer. Magnetic Resonance-Guided Focused Ultrasound for Patients With Painful Bone Metastases: Phase III Trial Results. JNCI N Natl Cancer Inst 2014 Apr; 10.1093. 
Liberman B, Gianfelice D, Inbar Y, Beck A, Rabin T, Shabshin N, Chander G, Hengst S, Pfeffer R, Chechick A, Hananel A, Dogadkin O, Catane R. Pain palliation in patients with bone metastases using MR-guided focused ultrasound surgery: a multicenter study. Ann Surg Oncol 2009 Jan;(1) 140-6. Epub 2008 Nov 11.
Gianfelice D, Gupta C, Kucharczyk W, Bret P, Havill D, Clemons M. Palliative treatment of painful bone metastases with MR imaging–guided focused ultrasound. Radiology 2008 Oct;249(1):355-63. Epub 2008 Aug 11.
Li CX, Zhang WD, Fan WJ, Huang JH, Zhang FJ, Wu PH. Noninvasive treatment of malignant bone tumors using high-intensity focused ultrasound. Cancer 2010 Aug 15;116(16):3934-42.
Click here for additional references from PubMed.
Video courtesy of InSightec

Tuesday, June 14, 2016

UN Human Rights Chief calls for inclusive and meaningful engagement in Sri Lanka

UN Human Rights Chief calls for inclusive and meaningful engagement in Sri Lanka
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14/06
Speaking during the opening of the 32nd session of the UN Human Rights Council in Geneva yesterday, United Nations High Commissioner for Human Rights Zeid Al Hussein has said that there needs to be an inclusive and meaningful engagement of all Sri Lankans when implementing the resolution on Sri Lanka adopted by the UN Human Rights Council last year.
Al Hussein also said that in Sri Lanka, the Government’s efforts to implement its commitments contained in the resolution would require a comprehensive strategy on transitional justice which enables it to pursue different processes in a coordinated, integrated and appropriately sequenced manner.
The UN Human Rights Chief is also due to present an oral update on Sri Lanka on the 29th of June based on his recent visit to the country earlier this year
He also said that all political detainees should be released, and reforms undertaken to ensure fair trials and an impartial and effective administration of justice.
International community must be ‘tough and supportive’ on justice in Sri Lanka – Interview with Stephen Rapp

File photograph: Stephen Rapp at an 
event in London in 2014, highlighting sexual violence by Sri Lanka soldiers. (Photograph Timothy Anderson)
15 June 2016

The international community must be “tough and supportive” towards Sri Lanka whilst the government continues to undermine “trust and confidence” by rejecting foreign participation in an accountability mechanism, said the former US Ambassador-at-large for Global Criminal Justice Stephen Rapp, in an interview with the Tamil Guardian.

“Progress has been slower than it should have been,” said the former ambassador, as he spoke to the Tamil Guardian in London this week and called for the international community to continue foregrounding public calls for accountability.

“There are serious allegations supported by evidence that could justify indictments to be frank,” he added. “I’m not saying convictions but indictments for serious international crimes. That’s there and that has to be confronted in a process that will clear the air.” 

The international community must continue to play an important role in ensuring this process pushes forward he added. Though the Sri Lankan president claimed “cries for a war crimes tribunal have ceased” this week, Mr Rapp insisted that “messages are being delivered”.


Stephen Rapp in a meeting with Sri Lankan military personnel in 2012.
Acknowledging that “quiet but firm diplomacy” on justice and accountability has been underway, he stated that nevertheless the international community should be “continuing the message that this is important publically”.

“It doesn’t help their (Sri Lanka’s) ability to work this thing through if the perception is the pressure is off,” he said. “Even in the public sphere it is important to make statements about those expectations… it is an important part of making it happen.”

Though he no longer represents the United States, Mr Rapp asserted that his government remained “very strong about what needs to be done in terms of consultation, in terms of plan and policy for transitional justice”, suggesting that international leverage has paid off in Sri Lanka.

Pointing to the government’s newly announced – and heavily criticised - Office of Missing Persons’ (OMP), he said “there was concern about an original draft that would essentially have barred information gained from that process from any judicial process”.
“And because of, let’s say, concern, about that issue raised within Sri Lanka and from its partners from outside, that was changed to the extent so that it would be possible to share that information”. 

 
The 32nd session of the UN Human Rights Council is currently underway in Geneva. Photograph:@UNGeneva
That diplomacy is set to play out over the coming weeks in Geneva, as the United Nations Human Rights Council session gets underway, where Mr Rapp expects to hear these public calls for action. Sri Lanka is on the agenda, with the UN Human Rights chief mentioning the island in his opening statement and due to present a report on its implementation of a UN resolution that the government had co-sponsored last year.

Speaking ahead of the session Mr Rapp expressed concern at how Sri Lankan leaders continued to reject foreign participation, despite the move being a crucial part of that resolution.

“Certainly the rejection by the government and statements made by the prime minister that something that they have agreed to in a consensus resolution… it was something that would undermine the trust and confidence in this process that is very important going forward”.

Despite international concern Sri Lankan president Maithripala Sirisena has been unperturbed; reiterating once more this week that his government does not need foreign judges to participate in an accountability mechanism.

Mr Rapp disagrees.

The former ambassador is clear that an international component is vital to unpick the cases of mass atrocities that occurred as the Sri Lankan government offensive reached a peak more than seven years ago, leaving tens of thousands of Tamil civilians killed.

"From the point of view of building trust and expertise among those that are going to do these kind of cases which are more complicated about the laws of armed conflict - what’s proportionate, how this constitutes a crime, what’s not a crime – these are difficult issues,” he said. “So having internationals, can help both capacity and can also give the victims in whatever communities greater confidence that these will be decided independently and not on some political basis.”
 
Stephen Rapp speaking at an ITJP report launch in London last week.
Mr Rapp, who was in Britain for the launch of an International Truth and Justice Project report, says that the Sri Lankan government should have already taken several steps to address issues of accountability on its own accord. “I understand there is progress on some issues,” he noted, but states more should have been done.

“I’d like to see them changing legislation to domesticate international criminal law, so that war crimes and crimes against humanity and genocide can be prosecuted in the courts of Sri Lanka or in a hybrid court,” he said. “I’d like to see them establish a special investigative unit, a special prosecuting unit.”
Yasmin Sooka, a former member of the South African Truth Commission and co-author of the UN Panel of Experts report, “wants the special courts set up yesterday,” quipped Mr Rapp. “I would too, to be frank.”
“These are things that should be moved forward on and they can do this now.”

[1] [2] [3]

Testing Time For United Nations & Sri Lanka


Colombo Telegraph
By Thambu Kanagasabai –June 14, 2016
Thambu Kanagasabai
Thambu Kanagasabai
How much longer can Sri Lanka, albeit old or new regime, cajole and fool the United Nations? While the world awaits with bated breath for the United Nations High Commissioner’s oral report on Sri Lanka, this article endeavours to list in brief the various United Nations Panels’ core findings from 2010 – 2016 as well as the findings of other international human rights agencies which conducted their own investigations as to the commissions and omissions of Sri Lanka’s security forces from 2006 – 2010 including various comments and statements of dignitaries and world leaders – only to show how much resources, time and energy has been invested so far and how much substantive proof has emerged with no avail!
In his opening remarks at the 32nd session of the UN Human Rights Council, underway today June 13, United Nations High Commissioner for Human Rights, His Excellency Prince Zeid Ra’ad al-Hussein, had a paragraph on Sri Lanka:
“In Sri Lanka, the government’s efforts to implement its commitments in Resolution 30/1 will require a comprehensive strategy on transitional justice that enables it to pursue different processes in a coordinated, integrated and appropriately sequenced manner. This will require the inclusive and meaningful engagement of all Sri Lankans. I will present an oral update later in the session.”
Zeid Ra’ad Al Hussein - The UN High Commissioner for Human Rights
Zeid Ra’ad Al Hussein – The UN High Commissioner for Human Rights
It’s a general statement that has nothing new that hasn’t been said before; very little will be gained by decoding it; except that we got confirmation that the High Commissioner is scheduled to give his ‘oral report’ on Sri Lanka, “later in the session.”
Much rests on what the High Commissioner would say in this much awaited oral report. Will he relent yet again when Sri Lanka, even under the new regime, the co- sponsor of the UN HRC resolution passed at the 30th session, has done nothing substantive to deliver on its promises. In fact the government has rejected any question of involving any foreign judges in any domestic inquiry it contemplates – a domestic inquiry that it has done nothing about.
The armed struggle by the Liberation Tigers of Tamil Eelam which commenced in 1976 with the failure of peaceful struggles initiated in 1956 by the past Tamil political leaders, reached its climax in the Eelam war IV from 2006 – 2009.

Sri Lanka’s 65,000 Disappeared: Will the Latest Missing Persons’ Office Bring Answers?

There is still a possibility to make it an institution that can provide some degree of truth, justice and reparations to families of disappeared.

A Tamil woman cries as she holds up an image of her family member who disappeared during the civil war with the LTTE)at a vigil to commemorate the international day of the disappeared in Colombo August 30, 2013. Credit: Reuters/Dinuka Liyanawatte/Files
A Tamil woman cries as she holds up an image of her family member who disappeared during the civil war with the LTTE)at a vigil to commemorate the international day of the disappeared in Colombo August 30, 2013. Credit: Reuters/Dinuka Liyanawatte/Files


A few days ago I was with Mauri Inoka, whose husband disappeared in September 2013. She was protesting on the pavement of a major road in Colombo, close to the presidential secretariat, sweltering in the heat, with her twin children, aged about two-and-half years, born just two months after their father disappeared. The children seemed tired, hungry and thirsty, and cried most of the time. Their mother tried to console them and spoke with determination to the media personnel interviewing her, while the policemen tried to make her give up the protest. But later, after being compelled to talk to the same officials who had made empty promises at the presidential secretariat one year ago, and after the journalists and police left, Inoka also broke down and cried.

Inoka claims that the police are complicit or have information about her husband’s disappearance. Her complaints to the police, Human Rights Commission of Sri Lanka, and the former and present president have not yielded any answers for 1,010 days. She almost lost her job. They were often scared, homeless, hungry, displaced by floods and dependent on the occasional support that a few family members, friends, and activists could offer. Inoka was threatened several times not to pursue the case of her husband’s disappearance and was also abducted and dumped on the roadside.

Disappearances

In the late 1980s, most of those disappeared were Sinhalese, like Inoka’s husband. Since then, the majority of those who disappeared have been Tamils. Muslims also have disappeared, such as my friend and colleague Pattani Razeek. Razeek was one of the few whose body was found after he disappeared. Some suspects have been arrested, but his family believes the master minds are free and no one has been charged. Razeek’s son regularly calls me seeking help to ensure justice for his father.

In August 2006, Father Jim Brown, a Tamil Catholic priest and his assistant, Vimalathas disappeared. They had gone into a navy held area, after signing in at a navy checkpoint in Allaipiddy, Jaffna. Brown had offered shelter to people in his church to save them from bombs and shells, during heavy fighting but many civilians were killed and injured inside the church. Brown survived and had later pleaded with the navy to take the injured out of the fighting zone. He was reportedly threatened by a navy officer, and there were reports that the navy had refused orders of the magistrate to hand over the log book at the checkpoint.

They are amongst the 65,000 Sri Lankans reported to have disappeared. In the 36 year old history of the UN’s working group on disappearances, it’s the second largest case from Sri Lanka.

Eyewitness testimonies and other available evidence indicate that the Sri Lankan state – particularly its army, navy and police may be responsible for most disappearances, in the context of counter-terrorism operations mainly. The evidence also indicates that the Liberation Tigers of Tamil Eelam (LTTE) is also responsible for many disappearances, especially during the last stages of the war.

Ironically, amongst the families of the disappeared that I have worked with, is a mother of an air force officer who had gone missing and a wife of a LTTE leader who had disappeared after surrendering to the army, along with hundreds of other LTTE leadersAbout 5,000 soldiers from the Sri Lankan armed forces are also believed to be missing in action.

State role 

Families of the disappeared and the activists have faced numerous threats, intimidation, restrictions, surveillance, arrests and detention as they campaigned for truth and justice for the disappeared. In December 2011, Lalith and Kugan, campaigners against the disappearances, disappeared. In March 2014, Jeyakumary, a Tamil mother seeking truth and justice for her son, whose photo had been seen in a government-run rehabilitation facility, was arrested.  A colleague and I were also arrested when we went to investigate it. All three of us are still terrorist suspects with pending cases against us. In August 2014, when I was attending a private discussion between some families of the disappeared with lawyers, activists and diplomats, a mob led by Buddhist monks invaded the private church run building and disrupted the meeting.The police refused to intervene or provide protection. Families of the disappeared were stopped twice from coming to Colombo from the north to hand over petitions during the previous regime.

Successive government have set up many bodies to address disappearances, and families of the disappeared and activists have engaged with them, sometimes in good faith and sometimes in desperation. But truth, justice and reparations have been elusive.

A commitment the present government made through co-sponsoring the UN Human Rights Council resolution, was fulfilled last month with the ratification of the International convention against disappearances. The government, however, barred Sri Lankans from making complaints to the committee monitoring the implementation of the conventionby not recognising article 31. Another commitment in the UN resolution was to establish an Office of Missing Persons (OMP). The commitment to enact a domestic law making disappearances a crime in Sri Lanka has not been fulfilled and there is no timeline for this, though it is crucial for disappearances to be criminalised before the OMP is established.

OMP as an institution

The OMP was one of the four focuses of the consultation task force appointed to conduct consultations on transitional justice. But instead of consulting people, the government relied on a secret process to come up with a draft bill to establish the OMP. After about eight months, almost at the end of the drafting process, the foreign ministry held a hastily convened de-briefing for few activists. Due to insistence of activists, another de-briefing for few families of the disappeared was held ten days later. Both were in Colombo. Four days later, the draft bill was approved by the cabinet. Technically, the bill can still be amended before it is passed into law by the parliament, but it seems unlikely that it will be changed substantially.

The draft bill is promising with concern to the right of the families to truth, with no restrictions on temporal or geographical restrictions, clauses guaranteeing anonymity for witnesses, opportunities for international expertise, powers to summon any person and obtain documents and other materials, make unannounced visits to relevant places, seek search warrants and court orders for exhumations. The office will also have branch offices.

The draft bill, however, doesn’t give the OMP prosecutorial authority and this may hamper the possibility to offer plea bargains, immunity in exceptional circumstances and other forms of incentives to elicit information.

The draft bill is vague. Gender and ethnic composition is not specified. There is no provision to include families of the disappeared in the most senior oversight body. There is no requirement for the appointing authorities to give time and opportunities to families of the disappeared and others to comment on nominees or make nominations. The regularity to provide information to families is not specified and it’s not obligatory to provide maximum information to families.

The right to pursue justice is compromised by the OMP not having prosecutorial authority and being given the discretion to share or not share information with the external prosecutorial and judicial bodies. There is no provision to ensure that tracing investigations will be done in tandem with criminal investigations or that the OMP will ensure information and evidence discovered will be treated with best international criminal investigation standards, to enable them to be admissible during any subsequent prosecutions.

Justice and aid 

At the moment, there are no initiatives to ensure economic justice for the families or offer any financial and material assistance in the form of interim reparations. The right of the families to reparations has been relegated to an Office for Reparations, a totally separate entity, which is likely to take a long time to establish. Some of the families, whose breadwinners have disappeared, may not even be able to engage with the OMP because of extreme poverty.

Procedures and obligations to deal with identified or unidentified human remains are weak in the present draft bill. At the only opportunity they had before the cabinet approval, some families of the disappeared appealed to change the name from “missing” to “disappear”. But despite promises to consider it, the name remains unchanged.

The distraught mother of Brown passed away without knowing what happened to her son. His lonely and ageing father’s only hope is to hear news of his son before he dies. Inoka desperately needs support for housing, education and food for her children, so that she can continue her struggle for truth and justice. Many families don’t have adequate financial, emotional and legal support and accompaniment to strengthen their struggles. I have often struggled and ended up frustrated trying to mobilise support for families of the disappeared, amongst politicians, journalists, artists, lawyers, activists and the general public.

At least one person was abducted by the dreaded “White Van”, a symbol of disappearances in Sri Lanka, last April. He was later found in police custody. The discovery of explosives and suicide jacket near Jaffna had led to new wave of arrests of some Tamils from the north and east since the end of March, under the draconian and much abused Prevention of Terrorism Act, which the government has promised to repeal. Torture and lack of due process has been reported in relation to some of these arrests.

The above context, and lack of consultations and sensitivity to ideas of families of disappeared in creating the OMP and the limits in the draft bill has created an environment of suspicion about it. There is still a possibility to make the OMP an institution that can provide at least some degree of truth, justice and reparations to families of disappeared, rather than giving more agony and trauma. But it will require principled commitment from politicians, sensitivity of the general public and lot of work from families themselves and those supporting them.

Ruki Fernando is a Sri Lankan human rights activist who worked with families of the disappeared, and was involved in documentation, campaigns and advocacy in relation to the disappearances. He is a member of Watchdog Collective, Advisor to INFORM Human Rights Documentation Centre in Colombo.

Sri Lanka's Islamic party calls for removing excess army camps from Northern areas

A file photo of Sri Lankan army in Tamil majority northern areas. Reuters
A file photo of Sri Lankan army in Tamil majority Northern province. Reuters

 Jun 13, 2016

Colombo: Sri Lanka's main Islamic political party, the Sri Lanka Muslim Congress (SLMC), on Monday called for removing excess military camps in the former war zones in the country's north.

SLMC leader Rauff Hakeem said his party does not agree with the proposal that the army should be fully withdrawn from the north, Xinhua reported.

He said there is a concern by the public that the army is still occupying property it does not require.
He said the army must release property which needs to be given back to the people and have camps in the north which are only required for national security.

The Sri Lankan army had earlier said it will not withdraw from the north despite the end of a 30 years civil war in 2009.

Sri Lanka government battled Tamil Tiger rebels in a brutal war which saw thousands killed on both sides.

However following the end of the war Tamil political parties have been calling for the withdrawal of the army from the north.
Pasumai Thaayagam expresses deep concern at Sri Lanka's reneging on UNHRC commitments



14 June 2016

Pasumai Thaayagam expressed deep concern at the Sri Lankan government’s reneging on its commitment to including foreign judges in any judicial process, and refusal to remove the military from the North-East of the island. 

In a statement made at the opening debate of the 32nd session of the United Nations Human Rights Council, Pasumai Thaayagam expressing ‘deep concern’ at the ‘mixed messaging the government is sending’, stated,
 
“President Sirisena and Prime Minister Wickremasinghe have repeatedly stated that the judicial mechanism will not include foreign actors, a key component to the credibility of the mechanism from the perspective of victims. This week, Sri Lanka's military commander in Jaffna, Mahesh Senanayake, stated that the military planned to stay in the North-East, despite the fact that the Resolution calls for meaningful security reform.”

The organisation went on to note the lack of trust in victims confidence that the new Sri Lankan government was willing to deliver on its commitment, “due to the government’s failure to address critical on-going human rights issues including militarisation, reports of on-going torture, continued illegal land acquisition, and the detention of political prisoners.”

Full statement reproduced below.

Pasumai Thaayagam congratulates and appreciates the UNHRC for a decade of upholding human rights within its member states. We, on behalf of the victims in Sri Lanka also thank the High Commissioner and his office for the excellent work they continue to do, as highlighted in the updates provided yesterday and look forward to the High Commissioner’s oral report later.

We appeal to this Council to continue working towards ensuring the implementation of Resolution 30/1 in full, providing relevant assistance. While the Sri Lankan government has taken certain steps, Pasumai Thaayagam expresses deep concern with the pace of progress, and the mixed messaging the government is sending on plans to implement the Resolution.

For example, both President Sirisena and Prime Minister Wickremasinghe have repeatedly stated that the judicial mechanism will not include foreign actors, a key component to the credibility of the mechanism from the perspective of victims. This week, Sri Lanka's military commander in Jaffna, Mahes Senanayake, stated that the military planned to stay in the North-East, despite the fact that the Resolution calls for meaningful security reform.

These statements contradicting the Resolution come at a time when Tamil victims and communities continue to have little confidence in the Sri Lankan government’s political will due to the government’s failure to address critical on-going human rights issues including militarization, reports of on-going torture, continued illegal land acquisition, and the detention of political prisoners. These issues must be immediately addressed in order to gain the Tamil community’s trust and support in any accountability and reconciliation initiatives.

While Pasumai Thaayagam acknowledges the creation of a Consultation Task Force, consultations have proven limited and continue to be delayed. Similarly, victims’ and human rights’ groups have voiced serious concerns about the manner in which the Office of Missing Persons is being created. We emphasize the need for the Sri Lankan government to fully implement Resolution 30/1 it co-sponsored, and include international actors in the consultation and development of accountability mechanisms.

Pasumai Thaayagam would also like to re-iterate that though steps towards a political solution are important and needed for sustainable peace, they are no substitute for justice. Victims and war-affected communities have repeatedly made clear that they require meaningful accountability and justice to move towards a sustainable future for the country as a whole. Justice delayed cannot be justice denied

Studying Sinhala By Tamils, An Ill-Timed & Inappropriate Plea By Wigneswaran


Colombo Telegraph
By Eelaventhan Manickavasakar –June 14, 2016
Eelaventhan Manickavasakar
Eelaventhan Manickavasakar
Northern Provincial Chief Minister Justice C. V. Wigneswaran in a recent speech has exhorted the Tamil students to study Sinhalese. The reasons he mentioned were:
  • Lack of knowledge in Sinhalese is the root cause of misunderstanding, suspicion, mistrust and lack of confidence.
  • If you know Sinhalese, you can effectively reply a Sinhalese, more particularly Sinhalese politicians.
  • Tamils in Norway and France are learning Norwegian and French language
  • All Sinhalese students are compulsorily learning Tamil
  • Learn Sinhalese keeping politics away out
  • To ensure proper understanding, Sinhala knowledge is essential
  • Those who don’t possess knowledge in Sinhala will face discrimination in future and Tamil speaking Sinhalese official will benefit Tamils.
The above reasons sound plausible, but only partially true, and politically unacceptable.
Firstly, the root cause of all problems originated when Sinhala language was taken up and exploited as a political weapon to launch the discrimination and marginalisation of Tamils in all public sectors, not to mention the ugly riots and mayhems unleashed against the innocent Tamils while jailing Tamil political leaders. In Sri Lanka, language and politics are intertwined and inseparable. The 1956 Sinhala only language act is the root and trunk of all present and past problems of Sri Lanka. As such there is justifiable reason for the Tamils to oppose the thrusting of Sinhalese language like the political opposition for thrusting Hindi in Tamil Nadu and other states by the ruling state governments.
The cause of mistrust, suspicion etc is not due to lack of knowledge of Sinhala language, but due mistrust and suspicion of Sinhalese of all Tamils and Tamil Nadu with fears of separation. This is very much embedded in the psyche of Sinhalese and extremist politicians, by speaking and easily communicating with Sinhalese may be good enough to explain but not enough to change the minds of Sinhala politicians whose power base is communal politics.