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

Tuesday, September 20, 2016

CBI makes arrest in widening exchange probe

A staff member walks past the MCX-SX logo at their Exchange Square building in Mumbai February 11, 2013. REUTERS/Vivek Prakash/Files

By Abhirup Roy | MUMBAI-Tue Sep 20, 2016

The Central Bureau of Investigation (CBI) said on Tuesday they had arrested an executive and searched the homes and offices of former and current officials of the country's capital markets regulator in an investigation into the granting of a stock exchange licence.

The CBI said it was investigating the renewal in 2009-10 of the operating licence for MCX Stock Exchange, now the Metropolitan Stock Exchange.

The police alleged in a statement that the exchange and officials from the Securities and Exchange Board of India (SEBI) had worked together to renew the licence, even though the exchange may not have been eligible for such an extension.

CBI further said it was investigating whether MCX had violated regulations that should have prevented it from getting a renewal of its license.

SEBI could not be reached for comment, while Multi Commodity Exchange of India (MCX) confirmed in a statement that CBI had conducted a search "in respect of recognition granted by SEBI to Metropolitan Stock Exchange of India Ltd (formerly known as MCX Stock Exchange Limited)."

CBI did not identify the executive or the SEBI officials, but a senior police official told Reuters the individual arrested was Jignesh Shah, the former chairman of Financial Technologies (India) Ltd (FTIL), which was the majority owner of the MCX Stock Exchange and is now known as 63 Moons.

Shah, now promoter and chairman emeritus at 63 Moons, had been "taken into custody" by CBI, the company said in a statement on Tuesday.

The senior police official, who declined to be named, also said that police had searched the homes and offices of two former SEBI officials, including former executive director JN Gupta, and current SEBI officials: executive director Murali Dhar Rao and deputy general manager Rajesh Kumar Dangeti.

Gupta declined to comment when contacted by Reuters by telephone, while Rao and Dangeti could not be reached by telephone at the SEBI headquarters in Mumbai.

CBI sources had previously said SEBI officials were being investigated, but the raids mark an escalation of the probe.

(Reporting by Abhirup Roy; Editing by Rafael Nam and Alexander Smith)

FactCheck Q&A: do disabled people get a raw deal?

A man in a wheelchair takes part in a protest against cuts to state disability welfare payments in London, Britain, March 23, 2016. REUTERS/Dylan Martinez  - RTSBWIK

How many people are disabled?

By Patrick Worrall-September 20, 2016 

It depends how you define it. Government surveys suggest that 20 per cent of people in the UK consider themselves disabled.

The older you are, the more likely you are to report a disability. Some 7 per cent of children, 17 per cent of working-age people and 45 per cent of pensioners say they are disabled.

In 2010, the OECD said 35 per cent of Britons said they had a “long-standing illness or health problem”, compared to an average of 30 per cent across the EU.

How many are in work?

The government says it wants to halve the disability employment gap – that is, the difference between employment rates among the disabled and non-disabled population.

The employment rate among working-age disabled people was 46.7 per cent at the end of 2015, compared with 80.3 for the non-disabled. Halving the gap will mean bringing  1.2 million more disabled people into work.

How much state support do disabled people receive?

Experts caution against making comparisons between the benefits systems of different countries, as it is hard to be sure that you are comparing like with like.

For what it’s worth, the OECD tries to count all spending on “sickness, disability and occupational injury” in wealthy countries and says Britain spent 2.5 per cent of national wealth in 2011, more than the average of 2.2 per cent.

The big problem here is which benefits you include in the total.

Politicians from all sides tend to change the definition of disability benefits spending when it suits them, either narrowing the focus to talk about Personal Independence Payment (PIP) and its predecessor Disability Living Allowance (DLA), or taking in every conceivable disability, incapacity, or sickness payment.

Which benefits have been cut?

The last government changed the eligibility rules for the main disability benefit PIP, which is gradually replacing DLA. There were fears that this would lead to fewer people being paid at the higher rate.

It also decided to pay a new lower rate for less disabled claimants, and raise the amount given to the most severely disabled.

In 2012 the coalition cut the length of time some claimants could receive the main incapacity benefit – Employment and Support Allowance (ESA).

From April next year new ESA claimants will no longer be entitled to an extra £29.05 for taking part in “work-related activity”. There will be a corresponding cut to a similar part of the Universal Credit system.

Other welfare reforms like changes to uprating, freezing and capping benefits for the non-disabled could affect families with disabled people too.

So who is worse off?

We know that some individual claimants are worse off financially and others are better off as the result of the last government’s policies.

It’s probably impossible to construct an “average disabled person” and say whether they have won or lost, since individual circumstances will affect what you can and can’t claim.

Certainly researchers from think-tanks like the Institute of Fiscal Studies have not attempted to do this.

The government likes to claim that is increasing the total amount spent on the main benefits, not cutting it.

Is this true? It depends on which payments you are talking about.

The amount spent on PIP and DLA is forecast to rise in real-terms over this parliament, after a cut planned by the then-chancellor George Osborne at the last budget was reversed.

ESA spending is set to fall slightly in real terms.

In both cases the numbers of people claiming the benefits is also predicted to go up, so a rise in spending doesn’t necessarily mean the payment per person will become more generous – it could mean the opposite.

If you include all disability and incapacity benefits, as well as other things like payments for people injured in industrial accidents, housing benefit for the sick and disabled, carers’ allowance and so on, it’s possible to find evidence of a small real-terms cut over this parliament.

Have the changes saved money?

Since spending on the main disabled benefits are going up in real terms, it follows that the last government failed to make significant savings.

According to this 2012 impact assessment, the change from DLA to PIP was supposed to save the equivalent of “20 per cent of forecast working-age DLA expenditure… returning-working age DLA spending to 2009/10 levels in real terms.”

The actual amount spent was around £3.6bn more than this figure.

It was a similar story with ESA. There were supposed to be hundreds of thousands fewer claimants and a similar saving of around £3.5bn. N materialised.

Jonathan Portes from the think-tank NIESR wrote about this in detail last year, saying: “I have described this whole episode – costly and painful for claimants and taxpayers alike –  as the biggest single social policy failure of the last 15 years.”

There’s a pattern here: the government changes the eligibility criteria and testing regime for the benefits, only to find that the numbers of claimants, and the cost to the taxpayer, continues to go up.

OBR figures show how the coalition consistently overestimated the amount of money that would be saved from changes to disability benefits:
17_obr_fan
Why are more people claiming disability benefits?

There doesn’t appear to be one simple answer to this. The UK population is growing, and ageing, and older people are more likely to be disabled.

Perhaps the launch of a new “brand” of benefit like PIP makes people more likely to claim.

Last year the Institute for Fiscal Studies noted “systematic growth in the proportion of claimants with mental and behavioural disorders as their principal health condition, rather than physical health problems”.

Deputy director Carl Emmerson said at the time: “It’s implausible that people have become more mentally unhealthy on this scale and this time horizon.

“The problems we have seen have always been there and the system is picking them up. Whether it’s a triumph because people’s mental health problems are being recognised or the system is not working, we don’t know.”

What’s happening under Theresa May?

The work and pensions secretary, Damian Green, has said there will be no more benefits cuts under Theresa May’s government.

But legislation that has been passed but not yet come into force will go ahead in this parliament.

Fire in Greek refugee camp was intentional and will happen again: Eyewitnesses

Greek authorities will send a ship to house refugees on the island after fire destroys refugee tents
Migrants look at smoke rising from an olive grove near the Moria camp on the Greek island of Lesbos on 19 September (AFP)

Will Horner's pictureWill Horner-Tuesday 20 September 2016
ATHENS, Greece – The Greek government on Tuesday said that it would send ships to Lesbos to act as temporary accommodation for refugees after devastating fire ripped through the Moria refugee ‘hotspot’ on the Greek island late on Monday.
An official from the spokesperson’s office of the Greek government’s Coordinating Body for the Refugee Crisis told Middle East Eye that the government would now send a commercial ship that could accommodate the refugees.
“We have made a call for ship-owners that have large ships that can hold more than 1,000 people to help. They will be used as a ‘back-up’ plan to hold refugees in cases of an emergency like this,” the official told MEE.
“At first it will be one but if it goes well maybe there will be another.”
Thousands of refugees and migrants were forced to flee to safety after the camp was badly damaged. There are now more than 5,600 people held in the Lesbos camp which was designed to hold around 3,000. 
It is hoped the measure will alleviate tensions between locals and refugees, but with tempers also rising within the refugee and migrant community, many say that further clashes, protests and fires are likely to break out.
The Greek government has yet to confirm whether the fire was started deliberately, but migrants at the camp told MEE that the blaze was started out of frustration with delays in the asylum procedure and their detention in the camp. 
Rami Alam, an Egyptian migrant in the camp, said that the fire was started on purpose and that the perpetrators intended to repeat the act if they were not moved from the camp onto the mainland.
“I heard many [migrants] speaking today who said ‘this is just the beginning’,” he told MEE by telephone. “They said ‘we will burn it again if we must stay here’. They want to leave, they want to go to Europe. They want Europe to have a solution for the refugees. I’m so worried. I know they will do it again.”
“No it wasn’t an accident. Definitely not, it was on purpose. If any fights happen again they will do it again, they will burn the fields and the camp.”
Ali Hassan, a migrant from Pakistan, also told MEE by telephone last night that he believed the fire was deliberate. “Some people started lighting fires with lighters. First the small tents, then the big tents and then the fire spread. Now, I think only 25 percent to 30 percent of the camp has not been burnt down.”
“There was a lot of damage, the fire was very big,” said Alam. “Afghans, Iraqis, Syrians, Africans lost their tents and their things. Luckily my tent was ok, but many were destroyed.”
The fire began after a peaceful protest by Syrians, Iraqis and African migrants and refugees got out of hand and quickly descended into inter-ethnic violence between refugees and migrants.
“A police captain tried to calm the crowd,” said Hassan. “He tried to explain to the refugees that he didn’t want them to be there either but that he couldn’t do anything.”
“Police used tear gas, but then they left the camp when they couldn’t stop the fighting.”
The situation in the refugee camp, which aid groups have condemned as unsafe and overcrowded, has been deteriorating since an EU/Turkey deal prevented refugees who arrive on the Greek islands after 20 March from leaving.
The deal originally envisioned that refugees whose asylum claims were rejected would be returned to Turkey but the deal has stalled due to a shortage of asylum officials and concern over whether Turkey is a safe third country for refugees.
Migrants walk past burned tents at the Moria camp on the Greek island of Lesbos, following the overnight fire (AFP)
“Returns are in the hands of EASO [European Asylum Support Office] and there are currently not enough EASO officials on the island,” the Greek official said. “As a result, things have stalled. But it is not the obligation of the Greek state. The number of applications is dependent on EASO. We have requested more officials and we will wait for them.”
“There is a miniscule number of EASO officials that carry the procedure. The EU/Turkey deal is not Greece’s initiative.”
According to the Greek government, no injuries occurred during the fire, however eyewitnesses have contradicted this.
Unverified photos which apparently show injuries sustained during the violence in the camp (Courtesy of Ariel Ricker))
Ariel Ricker, Director of Advocates abroad on the island, told MEE that the claim there were no injuries was “ridiculous”.
“I saw many injuries,” she told MEE via phone. “People with respiratory problems from smoke inhalation, particularly the elderly and young, these were mainly people in the family compound. I saw people hurt with rocks and metal rods, head injuries, some broken bones, broken fingers, we made a lot of splints.”
“Refugees were reluctant to go to the hospital because they were worried if they did they’d be arrested for being involved in the violence,” she added.
Alam also told MEE that he witnessed many injuries. “I saw people with bloody heads and bloody hands and broken legs. I saw many Afghans and Syrians injured,” he said.
In response to the claims the official told MEE that he did not respond to “hearsay”.
“What I know and what I have been told is that there were no injuries,” he said. “Officially there were no injuries.”
Tensions between locals and refugees have been building on Lesbos and other islands in recent days as a solution to the crisis has not been found.
The day of the fire, Greek newspaper Ekathimerini reported that three female students, one of whom was known to work with refugees, were attacked by “ultra-nationalists” during a protest rally on Lesbos against the number of refugees on the island.
According to reports some members of the crowd chanted “throw them in the sea,” in reference to the refugees.
The Greek official said that “tensions in local society [on Lesbos] are caused by the far-right and local representatives”.
He added that he believed that Golden Dawn, the neo-Nazi party that’s currently under trial for being a criminal and is seen as the “face of the far-right in Greece” was helping to fuel division.

Could turmeric really boost your health?


Turmeric powder and root

BBC20 September 2016

Bold health claims have been made for the power of turmeric. Is there anything in them, asks Michael Mosley.

Turmeric is a spice which in its raw form looks a bit like ginger root, but when it's ground down you get a distinctive yellowy orange powder that's very popular in South Asian cuisine. Until recently the place you would most likely encounter turmeric would be in chicken tikka masala, one of Britain's most popular dishes.

These days, thanks to claims that it can improve everything from allergies to depression, it's become incredibly trendy, not just cooked and sprinkled on food but added to drinks like tea. Turmeric latte anyone?

Now I'm usually very cynical about such claims, but in the case of turmeric I thought there could be something to it. There are at least 200 different compounds in turmeric, but there's one that scientists are particularly interested in. It gives this spice its colour. It's called curcumin.

Thousands of scientific papers have been published looking at turmeric and curcumin in the laboratory - some with promising results. But they've mainly been done in mice, using unrealistically high doses. There have been few experiments done in the real world, on humans.

Find out more

Michael Mosley holding a pinch of turmeric
  • Michael Mosley is one of the presenters of Trust Me, I'm A Doctor, broadcast on Thursdays at 20:00 BST on BBC Two - catch up on BBC iPlayer

This is exactly the sort of situation where we on Trust Me like to make a difference. So we tracked down leading researchers from across the country and with their help recruited nearly 100 volunteers from the North East to do a novel experiment. Few of our volunteers ate foods containing turmeric on a regular basis.

Then we divided them into three groups.

We asked one group to consume a teaspoon of turmeric every day for six weeks, ideally mixed in with their food. Another group were asked to swallow a supplement containing the same amount of turmeric, and a third group were given a placebo, or dummy pill.

The volunteers who were asked to consume a teaspoon of turmeric a day were ingenious about what they added it to, mixing it with warm milk or adding it to yoghurt. Not everyone was enthusiastic about the taste, with comments ranging from "awful" to "very strong and lingering".

But what effect was eating turmeric having on them? We decided to try and find out using a novel test developed at University College, London, by Prof Martin Widschwendter and his team.
Turmeric powder and rootImage copyrightISTOCK
Prof Widschwendter is not particularly interested in turmeric but he is interested in how cancers start. His team have been comparing tissue samples taken from women with breast cancer and from women without it and they've found a change that happens to the DNA of cells well before they become cancerous.

The change is in the "packaging" of the genes. It's called DNA methylation. It's a bit like a dimmer switch that can turn the activity of the gene up or down.

The exciting thing is that if it is detected in time this change can, potentially, be reversed, before the cell turns cancerous. DNA methylation may explain why, for instance, your risk of developing lung cancer drops dramatically once you give up smoking. It could be that the unhealthy methylation of genes, caused by tobacco smoke, stops or reverses once you quit.

So we asked Prof Widschwendter whether testing the DNA methylation patterns of our volunteers' blood cells at the start and end of the experiment would reveal any change in their risk of cancer and other diseases, like allergies. It was something that had not been done before.

Turmeric

Turmeric flowerImage copyrightSCIENCE PHOTO LIBRARY
  • Perennial herbaceous plant native to South Asia
  • Spice is gathered from the plants rhizomes (roots)
  • As well as being used in Indian food, turmeric is used in traditional medicine and as a dyeing agent

Fortunately he was very enthusiastic. "We were delighted," he said, "to be involved in this study, because it is a proof of principle study that opens entirely new windows of opportunity to really look into how we can predict preventive measures, particularly for cancer."

So what, if anything, happened?

When I asked him that, he pulled out his laptop and slowly began to speak.

"We didn't find any changes in the group taking the placebo," he told me. That was not surprising.
"The supplement group also didn't also show any difference," he went on.

That was surprising and somewhat disappointing.

"But the group who mixed turmeric powder into their food," he continued, "there we saw quite substantial changes. It was really exciting, to be honest. We found one particular gene which showed the biggest difference. And what's interesting is that we know this particular gene is involved in three specific diseases: depression, asthma and eczema, and cancer. This is a really striking finding."
Cook preparing Indian food
Image captionTurmeric has long been used in Indian food
It certainly is. But why did we see changes only in those eating turmeric, not in those taking the same amount as a supplement?

Dr Kirsten Brandt, who is a senior lecturer at Newcastle University and who helped run the experiment, thinks it may have something to do with the way the turmeric was consumed.

"It could be," she told me, "that adding fat or heating it up makes the active ingredients more soluble, which would make it easier for us to absorb the turmeric. It certainly gives us something, to work on, to try to find out exactly what's happening."

She also told me, because our volunteers all tried consuming their turmeric in different ways, that we can be confident it was the turmeric that was making the difference and not some other ingredient used to make, say, chicken tikka masala.

There is a lot more research that needs to be done, including repeating the experiment to see if these findings can be confirmed. But in light of what we've discovered will I be consuming more of the stuff? Probably. It helps that I like the taste and I've already begun experimenting with things like adding it with a touch of chilli to an omelette.

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Monday, September 19, 2016

A Reflection on Conflicts in Sri Lanka


Photography courtesy Dev Policy-LIONEL BOPAGE on 09/19/2016

We acknowledge the traditional owners and custodians of the land on which we make this reflection, the Wurundjeri people of the Kulin Nation. We pay our respects, to their Elders both past and present.

We, individuals who grew up in the south of Sri Lanka, are grateful to the Uniting Church for providing us with this opportunity to reflect upon the conflicts that have taken place in that island. Given time constraints we will not deal with the wider socio-economic factors, but these need to be kept in mind during this reflection.

I grew up in a Sinhala Buddhist lower middle class family in the south, in an environment where the political language used in the public discourse was emotional, and at times abusive.  I vividly remember hearing on the government radio, K M P Rajaratna, who eloquently said that one could not rest until shoes are made from the skin of the last Tamil. In a similar vein, I had read in print that the wife of a Tamil leader in the north spoke of skinning Sinhalese for the same purpose. In time in language and in deeds the violence and hatred between communities got even worse.

We have been continuously arguing about who arrived first in the island. Instead we need to accept that the Sinhalese, Tamils, Muslims, Burghers and others who live there, have an inalienable birthright to the island, regardless of who arrived first.

Sri Lanka’s ruling elite has been hedonistic and self-serving. They did not create a single organisation that fought or even pretended to fight for independence. Some of them, in fact, were opposed to extending the franchise to the majority. The only group that opposed colonialism and agitated for independence came from the left, and initially, from the Jaffna Youth Congress.

Due to expanded social welfare reforms since the independence, Sri Lanka had very low infant mortality rates, high life expectancy and a high degree of adult literacy. We had a seemingly harmonious society, a relatively well developed infrastructure and a minimum of hunger. Why did all these unravel in less than ten years since gaining independence in 1948?

Since independence, people have witnessed the ripple effects of a stagnant economy, a highly stratified social system and the gradual erosion of human rights, rule of law, and the rise of bribery and corruption. This unpalatable stew brought forth, new forces of the left in the south and the north of the island. These young militants demanded their fair share of the political and economic sunshine. Younger generations of Sinhalese and Tamils, who came from very similar socio-economic backgrounds, revolted against the erosion of their rights.

The many conflicts we have had in Sri Lanka not only destroyed people and property, but also blunted peoples’ morality and sensitivities. Many who took part in these conflicts were educated youth, the cream of our society, and good hearted people.  To make any finite conclusions on their struggles is beyond quantification. In an environment where inequality in society was growing, where injustice, selfishness and distrust were lighting the burning flames of discontent, we continuously failed to help unravel pathways to better equity and social justice.

Starting from the general strike in 1953, there have been conflicts in 1956, 1958, 1971, 1977, 1983, and 1987 to 1990 in the south. and from 1983 to 2009 in the north east and also in the south. Sri Lanka had become a valley of death. No proper investigation into any of these have ever been made, including the last phase of the civil war.

When conflicts and the resulting bloodshed, death and destruction condition our living environment, the value of humanity diminishes. In many instances the liberators themselves have become assassins due to this process of desensitisation. By arousing complex emotions propagandists of patriotism and nationalism play a major role in perpetuating conflicts. Such emotions are exploited by those who wish to acquire and maintain political and social power.

Most of the educated youth rebelled against injustice. Seeing the suffering of the other had deeply affected their sensitivities. Wanting a societal change, they interacted with people to achieve that change through an ideological struggle. Yet, they were aware that many such struggles had been suppressed with guns and chains. The more repressive the state apparatus became the more the youth rebelled. This was the environment in which young people joined the JVP in the south and the LTTE in the north.

Reflecting on the JVP uprising in 1971, for example, the fundamental social changes the Sinhala youth expected from the government they helped to elect in 1970, were not forthcoming. In fact, the government publicly stated that they could not implement their election pledges. So, the youth set about organizing to implement that program of radical social change, in the expectation of becoming the harbinger of social progress.

Why did this flare up into an uprising? There had been many limitations, shortcomings drawbacks and mistakes we committed during that uprising. We also need to reflect upon the roots, and the major flaws in the country’s democratic institutions, and the actions of the government and the state armed forces that led to that conflict?

The ruling elite of Sri Lanka in the 1940s and 1950s was (and still is) a closed and incestuous group. Almost all the leaders came from the same schools and suburbs, and like all good brown sahibs were, regardless of political differences, tolerant and convivial with each other. Crucially, most shared an unthinkingly condescending attitude towards the commoners.

Under colonialism, the language of administration was English. Those who spoke English belonging to any of the communities and willingly adhered to the mores of the colonial masters were given economic privileges and powerful positions and they became the trusted administrators. Ordinary people, whether they were Sinhala Buddhists, Tamil Hindus, or Sinhala or Tamil-speaking Muslims, did not have a place in their administration.

The fifties were like a dress rehearsal to the tragedy that replayed in Sri Lanka in the latter half of the 20th century and the early part the 21st. Sri Lankan nationalism in the 1950s was a phenomenon of the elite and did not blossom among the masses. The new element introduced in 1956 was populist nationalism.

SWRD Bandaranaike’s nationalism was based on identity and religion, was connected not only to class inequities but also to Sinhala Buddhism and anti-Tamil feelings. The thought of minority gaining basic rights in linguistic and political matters was enough to drive some sections of the majority into a murderous frenzy, with the police looking on in the 1958 riots.

If there are any lessons to be drawn, it is that we need to recognize our common suffering, the stresses and challenges that we face in light of unequal and unjust global economic issues and our own internal issues. In doing so, we need to recognize and address the injustices and grievances faced by all, be they Sinhalese, Tamils, Muslims, Burghers or others. Elected governments bear a heavy responsibility in this regard, as they have been elected to govern on behalf of all the people, regardless of their ethnicity or political affiliations.

The extent of self-destruction, our land of birth had inflicted on itself should be more than sufficient for us to realise that peace and reconciliation are not options, but necessities. That is why we need to build an environment that can break down barriers towards reconciliation. Creating conditions that allow for genuinely exercising democratic rights within an inclusive and tolerant framework is an essential and necessary condition for working towards peace and reconciliation.

As the UN Secretary General said while in Sri Lanka, a couple of weeks ago, rather than sending youngsters to fight wars, provide them with quality education, unite them despite their diverse backgrounds, empower them, and ensure them decent work. This could cool communal tensions and assist communities being engaged in peace building and reconciliation. Youth is Sri Lanka’s biggest asset and its future depends on genuinely investing in their hopes and aspirations, to create a political and economic system that is conducive to social justice, social harmony and social inclusiveness. That will be one of the guarantees that would ensure achieving reconciliation, peace and unity within the Sri Lankan society.

Let us hope that in the land of our heritage, the sounds of guns and bombs will never be heard again.
Thank you.
###
Lionel Bopage was the General Secretary of the JVP during the 1980s. These are comments made at an ecumenical service held in Melbourne on 17 September 2016. For other articles by Bopage, click here

The OMP – A Flawed Attempt To Deal With Complaints Of Disappearances And/Or Missing Persons In Sri Lanka


Colombo Telegraph
By M.C.M. Iqbal –September 19, 2016
M.C.M. Iqbal
M.C.M. Iqbal
To say that the Office of Missing Persons (OMP) is a flawed attempt even before the Office is established would sound ridiculous. But the path taken to enact the law creating it and the provisions that got into the Act in the midst of a hullabaloo in the Parliament of Sri Lanka makes such a statement plausible.
As a person who was once directly involved with commissions of inquiry into disappearances of persons (COIs) set up by former President Chandrika Bandaranaike, the writer avariciously read Kishali Pinto-Jayawardena’s writings in the Sunday Times and other material on the pros and cons of the OMP Bill which was enacted as Act No. 14 of 2016.
As she points out quite rightly, the Office of Missing Persons (OMP Act No. 14 of 2016) is going to be the first permanent body ‘tasked with searching and tracing missing persons’ established without a time frame. Previous COIs had a time frame both for the life of the commission and for the period of the incidents they could inquire into. Other than that, they too had the power to summon witnesses, access records, obtain information from detention centres and even accept evidence that did not fall within the limitation of the Evidence Ordinance.
Yet, as is widely accepted now, all these Commissions failed in their tasks. From the writer’s personal knowledge of the COIs in which he was Secretary, not all these bodies are to be blamed for their failure. These COIs laboriously prepared comprehensive reports with appropriate recommendations. Yet the findings of these COIs were not made available to the public in their entirety.
What was then published were the volumes that contained the observations and recommendations of these COIs and not the list of alleged perpetrators against whom the Commissions found ‘credible material indicative of their responsibility for the disappearances concerned’ and the other volumes that contained their findings under the following Terms of Reference (TORs) of the Commissions –

Has the notion of ‘justice for victims’ lost its singularity?

Has the Notion of ‘Justice for Victims’ Lost its Singularity? - Kishali Pinto Jayawardena

The Sunday Times Sri LankaIn the whirlwind of activity that attended the 33rd session of the United Nations Human Rights Council in Geneva this week, Sri Lanka was put on inquiry regarding the non-consultative nature of its ongoing transitional justice and constitutional reform process.

As would be expected, the denials were strong. State representatives affirmed soothingly that a comprehensive and participatory public policy is in force, with truth, justice, reparations and guarantees of non-recurrence at its core. ‘Constructive engagement’ with the world body was said to be of utmost importance, so on and so forth.

Contrary to blindingly simple logic
But perhaps it is now time that this Government acknowledged that ‘constructive engagement’ with affected families within the country is equally and indeed, even far more important. Necessarily, this must go beyond the secluded parameters of what passes currently for a consultative process. Propelled by genuine fears or otherwise, the guarded and secretive approach followed up to now just will not do. Sidelining the victims as a deliberate choice pushes them into marginalized corners. It also insults the Sinhalese by lumping them into a condescending basket, easily excitable by Rajapaksa rhetoric.

This modus operandi also runs contrary to blindingly simple logic where the South is concerned. Indeed, (and stunningly so), this was precisely the opposite rationale on which the Presidential and Parliamentary elections of last year were won. If this paradoxically skewed logic held true at the time and the Sinhalese masses had been inflamed by Rajapaksa communalism as easily as is now advanced, it stands to reason that such electoral wins, one upon the other, would have been quite inconceivable.
But for this approach to work now, the Government must keep a clean governance and Rule of Law record. It cannot follow on the same road as its predecessor with the solitary if not forlorn boast that things are better now because there are no enforced disappearances and critics are not killed. It cannot also condone political corruption and waste, hauling up only those of the previous regime before courts and other mechanisms.

Prevalence of stark contradictions
Most importantly it cannot allow structural impunity to continue. As rightly observed by international human rights monitors before the UN a few days ago, the lack of progress on the January 2006 extrajudicial executions of five students in Trincomalee, the shootings of 17 aid workers with Action Contre La Faim and the enforced disappearance of human rights defender Stephen Sunthararaj in 2009 are just few of many long pending cases. Uncomfortable questions in regard to lack of state arise in this regard.

And where the North is concerned, the contradictions are starker. A classic example was the approach followed by the Tamil National Alliance (TNA) in regard to the draft legislation on the Office of Missing Persons (OMP) at the time. Deflating rising public anger regarding the non-consultative process followed in finalizing this law, the TNA quickly intervened saying that they had examined the OMP Bill as it was at the time and that their ‘concerns’ had been incorporated.

But is this the way that a main political party purports to support the people of the North and East which it represents? The aim should have been exactly the opposite. The TNA should have insisted on an accountable public process. Its own documents in this regard should have been publicly available. This is indeed a duty of all political parties. Covertly filtering ideas through proxy research ‘institutions’ churning out ‘papers’ supported by generous donor funds simply does not provide solutions thereto.

Refraining from mindless parroting
Moreover, the careful interpretation fostered through a sympathetic media was that the OMP Bill (at the time) did not need public scrutiny as it was the ‘best that one could get’ in the present context.
In a missive sent out earlier this year to protesting groups by the Secretariat for Coordinating Reconciliation Mechanisms (SCRM) this same point was reiterated. In fact, the term ‘consultation fatigue’ was referred to. The sheer arrogance in this incendiary message was unbelievable, quite apart from being factually contestable on its merits..

And where the lack of consultations on the OMP process was concerned, all that was evidenced was a statement or two, some muttering in corridors and tut-tutting on phones, explaining in whispers that ‘yes, yes, we are urging greater process compliance.’
Indeed, when by chance, certain matters, including the sweeping Right to Information exclusion regarding confidential information received by the OMP, (without definition of the exact legal parameters applicable thereto), were critically examined in these column spaces, the outcome was surprising.

Entertaining a cynical quid pro quo
Clearly infuriated reactions completely disproportionate to the questions in issue surfaced almost immediately. Amused if not piqued by curiosity as to what warranted this defensiveness, further probing laid bare some unpalatable truths.
First it was clear that only lip service is paid to upholding liberal values of discussion and disagreement by some civil society actors. Rather, mindless parroting as to what ‘should be said’ to the exclusion of each and every other point of view has become the norm.

Thus, participants representing victims spoke angrily to a shutting down of their opinions at meetings on the transitional justice package. ‘We are not even heard; we are treated as if we are unimportant’ one activist said. This insularity and insecurity on the part of those who would wish one view to predominate is telling.

And the questions that arise in consequence are far graver. In this disquieting climate of political bargaining that prevails now, has the very idea of justice for victims lost its singularity? Is it that in this most triumphal phase of retreating from a darkness which once threatened to overall each and every one of us, there is a cynical quid pro quo at play which prefers to focus on political priorities rather than seeking answers for some of the most heinous human rights violations that this country has ever seen?
These are matters that should be at the forefront of stubborn public debate, from the North to the South.

Government Gets Prepared To Take Up The Gauntlet


Colombo Telegraph
By Jehan Perera –September 19, 2016
Jehan Perera
Jehan Perera
Government leaders have been saying that the draft constitution will be placed before the Parliament prior to the budget debate that takes place in November. A new constitution which would require a referendum could prove to be the government’s Waterloo if the people reject it. Last week Chairman of the Public Representations Committee Lal Wijenayake, made an announcement that five of the six sub-committees of Parliament that had been delegated the task of submitting reports on various aspects of the new constitution had completed their work. The Public Representations Committee (PRC), appointed by the Prime Minister with 19 other members, made a special effort in consultations with the general public on the matters connected with the drafting of the new constitution. Chairman Wijenayake assured those who had made submissions to the PRC that their views would be taken into account in the drafting of the new constitution.
The public consultation process that took place on this occasion, even for a limited period of time, was a new development in Sri Lanka. Both the previous constitutions, the ones drafted in 1972 and 1978, were devised by a few persons drawn from politics and lawyers. They made crucially important decisions without consulting the people and ascertaining their views. In 1972, the drafters of the constitution decided to subordinate the judiciary to the executive branch of government, which eroded the concept of checks and balances in governance. The people were not consulted regarding this major change that took the country in the direction of authoritarian rule, which is only being reversed today. In 1978 the constitutional drafters decided to vest super powers in the institution of the executive presidency, which further entrenched authoritarian rule, again without obtaining the concurrence of the people.
Unlike in the past, on this occasion, the government conducted public consultations. There have been concerns expressed about the depth and breadth of the consultation process. The time frame of six months was short. The existence of the consultation process was not well known by the general public and therefore public participation in the consultations at all levels was limited. The exercise was not widely advertised. The members of the PRC had to utilise their contacts and influence to obtain people’s participation. The resources allocated by the government to the consultation process were also limited. But the commitment of those who had been appointed to be members of the PRC ensured that a credible process of consultations took place.
Misleading People
It is worth noting that the 200 plus page report produced by the Public Representations Committee at the end of their consultation is very simply written and clear. It is understandable by those who might not wish to spend too much time studying legal terms. It sets out the major themes of debate on the controversial political issues that have divided the people of the country. It also gives what each of the committee members themselves thought in regard to each issue in order to provide transparency. Wherever the members of the committee could not make a single recommendation, because of their different points of view, they made multiple recommendations which were often at odds with each other. Their goal was to provide the parliamentarians who are designing the new constitution with a sense of what types of thinking on controversial issues exists at the level of the people.