Is Australia’s lifetime ban on refugee visas headed for failure?

(File) Asylum seekers caught in Indonesian waters while sailing to Australia. Pic: AP

By Jo Lane -2nd December 2016

THE Australian government’s controversial proposal to permanently ban all asylum seekers who attempted to gain illegal access to the country is looking increasing unlikely to pass through Senate.

A Parliamentary Joint Committee on Human Rights reported to Senate this week that the proposal to ban refugees and asylum seekers held in immigration detention on Nauru and Manus Island since July 19, 2013, was “severe and exceptional”.

The report said, “the ban would appear to apply a penalty on those who seek asylum and are part of the ‘regional processing cohort'” and they represented no danger to Australia.

“The right to seek asylum, irrespective of the mode of transit, is protected under international law. The ban may also have a disproportionate negative effect on individuals from particular national origins; nationalities; or on the basis of race, which gives rise to concerns regarding indirect discrimination on these grounds.”

The committee asked Immigration Minister Peter Dutton to provide more information about the Bill’s human rights compatibility.

The proposal, however, already looked shaky when crossbench senators announced earlier they would not support it in its current form.

SEE ALSO: Australia looks to block asylum seekers from entering the country under new law

The Sydney Morning Herald said the Bill was “heading for defeat” and “reliant on an unpersuaded crossbench” unless Dutton made some key amendments to please them. The Australian government is reliant on their vote, given Labor and the Greens have indicated they would oppose it.

One key crossbencher, NSW Liberal Democrat senator David Leyonhjelm, said his proposed amendments would include the exemption of temporary visas such as tourist visas from the ban, and refugees from Australia’s direct neighbours like Indonesia and Timor Leste.

While other crossbenchers are still considering it, some have been far from complimentary. Victorian senator Derryn Hinch tweeted: “Banning people who [are] seeking asylum from ever visiting Aus is cruel and unnecessary.”

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News of a possible reprieve to the Bill would be a relief to refugee advocates.

Misha Coleman, executive officer from the Australian Churches Refugee Taskforce, said she knew of no other jurisdiction on the planet that had such “draconian” measures.

In response to the proposed visa ban and offshore processing, she told Sky News that there were better ways to handle the issue.

“There is a better way, there are alternatives, the Australian Human Rights Commission has put together a very comprehensive plan, the Churches Refugee Taskforce will also be releasing an alternative plan together with Getup in a couple of weeks. It’s not like there aren’t other options out there.”

The ACRT made a public submission to Parliament on the proposed Bill, along with other civil liberties groups like UnitingJustice Australia who said, “This ban serves no purpose and will separate families forever. It is in breach of Article 31 of the refugee Convention. It should not be passed.”

In recent weeks, Australia’s Department of Immigration has moved closer to a deal with the U.S. to resettle refugees kept on Nauru and Manus Island in the United States, although the deal may be different once Donald Trump becomes president.

SEE ALSO: US to accept 1,800 asylum seekers from Australia’s offshore camps, newspaper says

That alone has been cause for concern, with Trump’s previous statements about banning Muslims from entering the U.S.

Greens Senator Nick McKim said, “What we’re saying is bring them here to Australia, it’s the government that’s created this human rights crisis and it’s the government that has to solve it in a way that’s humane, compassionate and decent, and sending a Muslim family to Donald Trump’s America is none of those things.”

In November, United Nations special rapporteur Francois Crepeau completed an 18-day visit to Australia and Nauru. At a press conference in Canberra, he commended Australia for increasing the annual refugee intake in 2018 and “regular, safe and affordable pathways for migration” but he was critical of its punitive migration policies that eroded their human rights.

“I am deeply concerned about the grave impact of the punitive approach – which creates so much uncertainty about the future – on the mental health of many migrants, some of whom are in prolonged and indefinite mandatory immigration detention onshore or in offshore regional processing centers, or living in community detention, or living under temporary protection visas.”

Elton John says HIV 'end in sight' in West

Elton John says the "end is in sight" for HIV in the West

2 December 2016

The end of HIV "is in sight" in Western countries, but increased testing is vital, Sir Elton John has said.

The music star said early testing could save "millions of pounds each year" for the NHS, in an interview with the BBC's Victoria Derbyshire programme.

His charity, the Elton John Aids Foundation, has offered to finance HIV testing in Lambeth, south London, which has the UK's highest HIV rate.

The PM says the UK is driving advances in HIV prevention and treatment.

About 40% of people diagnosed with HIV in 2014 were diagnosed late, according to Public Health England (PHE) statistics, which Prime Minister Theresa May described as having "a significant impact on their long-term prognosis".

Sir Elton said early testing was essential to ensure people were "diagnosed, they're put on treatment, they won't spread the disease - and we'll know where we stand with the population".

He referenced a project his foundation had implemented at King's College Hospital in London, which allows individuals to be tested for HIV at the same time as receiving a blood test, as an example of how more people can be checked for the disease.

David Furnish and Sir Elton say they want to work with the government to improve HIV testing

"Most people are willing to have that, and otherwise they wouldn't have a HIV test," he said. "It is something we want the government to get more involved in."

He added: "We can solve this, we can stop this disease from spreading."

On Thursday, NICE announced new guidance aimed at increasing testing in people with undiagnosed HIV in England.

The updated guidance recommends all patients in areas with "high" and "extremely high" rates of HIV should be offered a test on admission to hospital, if they have not previously been diagnosed with HIV and are undergoing a blood test for another reason.

In extremely high-rate areas, hospitals should offer the tests even if they are not having blood tests as part of their care, NICE recommends.

But councillor Izzi Seccombe, of the Local Government Association, said achieving what NICE was asking was going to be difficult.

David Furnish believes everyone should have an HIV test

"The strain placed on councils by the cuts by central government to public health budgets would make commissioning HIV testing in all surgeries and hospitals in high and extremely high-risk areas an unaffordable burden.

"Despite these limited resources, testing those in high-risk areas must always be a priority. Councils are commissioning HIV testing in a variety of settings."

The Department of Health maintained councils had been provided with sufficient funding.

David Furnish, Sir Elton's husband and chairman of the Elton John Aids Foundation, said that he hoped that by funding testing in Lambeth - the UK local authority with the highest rate of HIV - they would help councils to see that "short-term investment pays out handsomely in the long run".

The British HIV Association believes that testing for HIV is "very cost effective" and that "deaths due to late diagnosis are completely preventable through excellent treatments".

But, Mr Furnish said, it was vital to combat the stigma surrounding HIV, which Sir Elton described as "our biggest obstacle" to beating the disease.



Sir Elton praised the prime minister for her support of World Aids Day, and said he had met Health Secretary Jeremy Hunt.

"We're wanting to work with him at close... because unless you work together there's no point," he said.

It is estimated that 103,700 people are living with HIV in the UK and 17% of people with the virus are unaware of their infection, so risk unintentionally passing it on to their sexual partners.

'Scary time'

Asked by Victoria Derbyshire about his thoughts on the forthcoming presidency of Donald Trump, in relation to HIV, he urged governments around the world to "keep their mandate about Aids".

He said HIV would "balloon again and become another catastrophe" were this not to happen.

"If governments in America say 'we're going to stop funding', it's a very scary time and it would be a tragedy for the world," he added.

Sir Elton was also questioned about the possibility of meeting Russian President Vladimir Putin to discuss gay rights in the country - the pair have previously spoken by phone, but a meeting between the two was postponed in May.

The singer said he was "very hopeful" it would happen, but added: "He's a busier man than I am."

The BBC's Victoria Derbyshire programme is broadcast on weekdays from 09:00-11:00 on BBC Two and the BBC News channel.

Kaveendra demeans justice ! LeN complains to JSC with evidence..

(Lanka-e-News -01.Dec.2016, 5.00PM) Among those who discharge their official duties   there are those who perform their tasks duly and there are also  those who demean their professions. Prostitution of official position is not uncommon.  The Sri  Lankan society in the past has identified these two groups . While there are baasses there are also counterfeit baasses (maka baass) ; there are proctors and fakes; there are doctors and quacks; there are teachers and  bogus teachers; politicians and pseudo politicians; there are  artistes and spurious ones  ; there are journalists and journalist coolies ; like there  are ammas (mothers)  and summas( pseudo mothers) , there are also children and bastards ; there are judges (male)  and  rogues ; and like nadukkaris  (female  judges) there are also hadukkaris ( showcase  cuties).

It is by now a widely known fact , Gampaha magistrate Kaveendra is one who demeans and degrades  her own profession because  she has no idea about her profession or professional  ethics  - when it is concerning  dispensation of justice . We make this allegation based on valid grounds , and because we can substantiate those .

In the case of assault launched on Rivira editor Upali Tennekoon , the latter and his wife identified the assailant in the identification parade . Yet , because Lanka e news published a photograph of the suspect prior to the identification parade , Kaveendra  decided that the LeN editor committed contempt of court , and issued an Interpol warrant , which in fact is   tantamount to her showing  contempt for and disdaining  her  own profession .That is , based on her ignorance she has caused  miscarriage of justice by trespassing on the laws, and thereby acted unlawfully.

Hereunder is evidence testifying to it …

Lanka e news did  not publish a photograph of the assailant who attacked Upali Tennekoon prior to the holding of the identification parade. We only published the photograph of the prime suspect in Lasantha’s murder………

The CID took suspect Premananda Udalagama the leader of the squad of Lasantha’s murder into custody  on 2016-07-15 night. The CID before that published two sketches of the suspect . ('Army sergeant major the leader of murder squad responsible for ghastly brutal murder of Lasantha Wickremethunge arrested.!') On the day following the arrest of Udalagama , that is on 2016-07 -16  morning , the suspect was produced in Mt. Lavinia court for an identification parade .Lanka e news published a report along with a photograph of the suspect whose face  was covered when he was being produced in court. ( 'Gota gets cold feet and drives himself mad with arrest of sergeant major Premananda Udalagama over Lasantha murder !')

Subsequently , on the 18 th of July 2016 , LeN for the first time published the photograph of Udalagama as the murder squad leader in Lasantha’s murder after the identification parade. ( ''Two teams enlisted for Lasantha’s murder: Army sergeant major Premananda Udalagama was with Karuna group'')

We obtained that photograph after browsing the internet. Based on reports reaching us , Udalagama was working earlier on as a military  attaché at the German Embassy , and when we along with  the group of the inside information division of LeN in Germany  browsed the internet of the Embassy during that  period , we found the photograph of Udalagama taken when he attended a New Year celebration at the Embassy office.

What  we published on 2016- 07- 18 was that photograph. This was published two days after Udalagama’s identification parade in relation to Lasantha’s murder  was held. Hence , when we published the photo  for the first time we have not violated any laws.

After we published the photo of Udalagama for the first time as the prime suspect in Lasantha’s murder , many media used that photo and published it without quoting us. Thereafter , when Udalagama was interrogated , the CID became aware that he had assaulted Rivira editor and his wife. Accordingly , the editor and his wife were got down from America , and an identification parade was conducted again before them on 28 th August 2016. LeN published that report in English edition under ( ''Cat is out of the bag..! Rajapakses shed crocodile tears after orchestrating attack on Tennekoon following the killing of Lasantha -Tennekoons identify culprit Udalagama - Lasantha’s killer''). However a photograph of Udalagama was not published by us with that report.

In other words , what we published was the photograph of the prime suspect in Lasantha’s murder and not the assailant’s  involved in the attack on Rivira editor. Later both   turned out to be  the same individual following police investigations and not based on LeN report .

Hence, Kaveendra’s allegation that  because we published the photo of the assailant of Rivira editor prior to the identification parade it is tantamount to committing contempt of court is baseless , a figment of imagination of Kaveendra and a mental delusion – a contract !

In the circumstances LeN editor has lodged a complaint with the JSC against Kaveendra Nanayakkara on 29 th  explaining the true picture  through lawyer Upul Kumaraperuma . Incidentally this the second complaint made by us against her.

In plants  flowers bloom naturally, but justice is something that does not blossom  naturally . It must be  dispensed . Everybody  shall  fight for his/her justice  . That has been  the history of the human race. Of course among them are many Shylocks and Kaveendras. There have been  countless, but  they have all finally putrefied and perished. It is only justice that prevails  and is permanent . It is only pristine  justice that  moves ahead forever emitting  fragrance.

By Wimal Dheerasekera

Translated by Jeff.  

---------------------------
by     (2016-12-01 11:59:21)

Interview with TNA MP M A Sumanthiran: the Constitution, Transitional Justice and the Budget

01 Dec  2016

Tamil Guardian sat down with Spokesperson for the Tamil National Alliance (TNA) and MP, M. A. Sumanthiran at his home in Colombo last week to discuss matters of the constitution, transitional justice and the budget.

The full transcript of the hour-long interview (with minor edits) is available here.

On the Constitution

Mr Sumanthiran was positive on the outlook of the recently released constitutional sub-committee reports, saying that a large percentage of what they contained “would be very acceptable to Tamil aspirations”.

The parliamentarian said he believes that considering the Centre-Periphery Relations sub-committee report and discussions at the Constitutional Steering Committee, the new constitution will go well “beyond the 13^th amendment”. While he could not guarantee the outcome of the Steering Committee report he said that all representations to it had been for the governor’s powers to go and they had agreed on abolishment of the executive presidency, which would also strip the governor’s powers as agent of the president.  

He noted that the TNA’s position in the Steering Committee is that labels don’t matter as long the substance of federalism is there. “[B]ut we will not allow any label that will be a problem later in interpretation,” he emphasised. Mr Sumanthiran added that he did not feel Prime Minister Ranil Wickremasinghe’s recent comments stating that the constitution would have to fit within the narrow parameters of the 1978 Sharvananda judgment on the 13^th amendment defining “unitary” were a problem. If key features are introduced, such as the inability of the centre to unilaterally remove powers without the consent of the periphery, then “whether it is unitary or federal, however one wants to describe it is not our concern,” he said.

Issues such as Foreign Direct Investment (FDI) to the provincial councils, a key issue for the Tamil diaspora, would be “possible” as per the Finance Sub-Committee report he added, but borrowing from foreign sources “is a slightly tricky issue” and there would likely have to be some form of parliamentary approval of provincial councils accepting foreign loans. Meanwhile, the Law & Order sub-committee report had received heavy input from the security sector, Mr Sumanthiran noted. Further powers for provincial police would be considered by the Steering Committee as one perspective, however, it will be made to accord with the principles of devolution that the Steering Committee agrees on. “I think about 90% of what is in the Law and Order report will not go into the constitution,” he said, remarking that it would not make it even into ordinary law, but rather police ordinances.

Commenting on the Joint Opposition’s (JO) relative silence on the sub-committee reports, Mr Sumanthiran noted that they had in fact been participating and engaging in all processes so far, and that one member of the JO had even chaired a sub-committee. But he then added that he anticipates the JO will pull out eventually. “They are going to quit at

some point,” he remarked. “I keep telling the others not to make allowances for them because their strategy is to dilute it as much as possible and then quit,” he added. “I think many of them think they have overstayed already.” Later speaking to the possibility of the JO stirring up Sinhala nationalist fervour, Mr Sumanthiran said serious conversations were being had about how to handle this. He noted that while their attempts had been unsuccessful thus far, “we can’t be complacent thinking that Sinhala fears will not be awakened at any stage.”

Mr Sumanthiran emphasised that the Tamil polity had a large role to play in speaking to the South about the constitution and addressing Sinhala fears, and stated that the best people to lead this North-South dialogue would be Mr Sampanthan and Chief Minister Wigneswaran because “they understand the Sinhala psyche quite well.”

However, he noted that there are still imperfections in the specifics of the sub-committee reports and all the recommendations of the reports would have to be adjusted to “finally fall in line with the principles of devolution that the Steering Committee decides.”

The Tamil polity will be given the opportunity to comment on proceedings he said, stating that they are starting with information sessions for their MPs and provincial councillors and then will expand those to include more people. All of the TNA’s MPs met directly with President Sirisena for over an hour last week, he elaborated,“[t]hey’ve gone home very happy…  because they heard from him directly what his commitment to a political solution is.”

The people themselves must also be involved in discussions without fears of political repercussions he noted. “Open discussion amongst the people must be open without any restraint,” Mr Sumanthiran continued. Though he felt that the Tamil polity reacted with “pleasant surprise” to the reports, the parliamentarian encouraged others to also be forthcoming with their criticisms. “The negatives must also come out,” he said. “Concerns must be raised. It’s not perfect, so unless we highlight from our polity the negative features, we also won’t have the back-up to argue at the negotiating table.”

In terms of next steps Mr Sumanthiran said that the Steering Committee’s interim report is expected to be released on December 10, though that might be delayed, and then debates will happen in the Constitutional Assembly about the reports on January 9-11. Though there is no deadline for steps after the Steering Committee’s interim report he expects it will take at the very least a month after the January debates for the Steering Committee to issue its final report. “Getting to a final report is not going to be all that easy,” he emphasised.

Only after the Steering Committee issues its final report will they start drafting the constitution.

On Transitional Justice

On transitional justice Mr Sumanthiran was firm that “every provision of the Resolution [30/1] must be implemented and will be implemented.”

He accepted that the TNA was putting a lot of emphasis on the constitutional process but then added that because of that they cannot “put accountability-related matters/obligations on the back-burner”. 

“Accountability for accountability’s sake must also be done… that must run parallel,” he continued.

Yet, Mr Sumanthiran then said that “practically speaking” the un-legislated mechanisms of a truth commission, office of reparations and judicial mechanism “might have to be done once the constitution process is over.”

He noted that this meant that the “government wouldn’t have done 1/6 of what they promised in the resolution last year when March comes around” and said that the TNA would be pushing for a rollover of the Resolution. “The important thing is that the oversight function of the Human Rights Council must continue until all of it is done,” he asserted. 

On the Budget

In contrast to his speech expressing disappointment with the budget in parliament, Mr Sumanthiran said that the TNA has had to change its approach from just opposing it, to find space for projects for the North-East within the allocations that have been provided.

“There is enough which if utilised will make a change and our approach up to now has not been that. We have sat back and said not enough. We should change our approach slightly this time and start engaging in this process and appropriating it for useful purposes,” he said.

Sri Lankan President Maithripala Sirisena has asked the TNA to come to him with proposals for development, even if it’s a plan for the entire North-East and said that he will implement them, Mr Sumanthiran stated. He added that the President is working on developing a mechanism including the MPs and provincial councillors that will look at development in the North-East and commence as early as December 10.

Speaking about this new approach of engaging the government, Mr Sumanthiran said, “[a]fter the war ended, because of the Rajapaksa era, where we were kept totally in the dark, we have got used to staying in the dark, and it has taken a bit of time to realise we can function slightly differently.”

The full transcript of the hour-long interview with Mr Sumanthiran is available here.

Transcript of Interview with Sumanthiran Nov 2016.pdf by Thavam Ratna on Scribd

'Avaa – Giyaa' quips Jaffna District DIG

2016-12-01
An event to honour and felicitate the Police Officers who had excelled in their assigned duties was held at the Jaffna Police Station yesterday. 

When DIG Sanjeeva Dharmaratna who presided over the event was questioned by the media personnel present there about the activities of the “Avaa” group, he modestly said “Avaa – Giyaa”, meaning the group was non-existent now. The word “Avaa” in Sinhala denoted the meaning “came” while the word “Giyaa” meant “left”. 

There were many schools of thought for the sword attacks that took place during the last few months in Jaffna and it was also pointed out that the “Avaa” group was responsible for them.

 The “Avaa” group that claimed responsibility for the sword attack inflicted upon the Policemen in Chunnakam in October put up posters to that effect in various places there.

 Meanwhile, it was urged that the sword attacks were carried out by the “Avaa” group and action should be taken to curtail their activities. Accordingly, a special Police squad dispatched from Colombo to Jaffna had arrested some youth alleged to be sympathisers of “Avaa” group and were remanded as ordered by Court. However, they were bailed out yesterday. (Sornakumar Soruban)

President sounds clarion call for consensus on Constitution 

• Sirisena hails TNA Chief Sampanthan, slams ‘pseudo patriots’ including Mahinda for trying to 
• sabotage Constitution making process

By Dharisha Bastians-Friday, 2 December 2016

President Maithripala Sirisena made a passionate appeal for consensus on the proposed new Constitution in Parliament yesterday, urging lawmakers to support his Government’s efforts to end decades of ethnic strife and achieve lasting peace.

In a 25-minute speech delivered during the budget debate on the Ministry of National Integration and Reconciliation last afternoon, President Sirisena said everyone engaged in the process would need to be flexible to negotiate a political solution that would be acceptable to all communities in the country.

“I urge all members of this House who desire a better future for our motherland, who desire permanent peace, who do not desire a recurrence of war, to come to the negotiating table to hammer out a solution that will resolve our national question once and for all,” the President appealed during his speech.

Delving into history, President Sirisena explained that decades of bloodletting and communal clashes had cost the country dearly, by hurting the economy and creating fear and mistrust between communities.

While the guns had fallen silent, and a physical battle had been won, true peace has eluded Sri Lanka because the ideologies of separatism and division have lived on beyond the war, Sirisena explained. 

“I do not agree that we have achieved true peace. True peace will come only when we have silenced the calls for division of this land nationally and internationally,” he said, making the case for a permanent political solution to end a 60-year ethnic conflict.

The President said the country was living through a historic opportunity to resolve the ethnic question, since the current Tamil political leadership were also genuinely committed to finding solutions.

“In my opinion, Mr. Sampanthan is the best northern leader who can help us to achieve a reasonable and equitable solution,” he said, to applause from the House. “From experience we know that this type of cooperation is not always forthcoming from the political leadership of the north and east. Today, Mr. Sampanthan gives leadership to the northern people and he and his parliamentary group cooperate with our Government,” Sirisena noted.

He also slammed former President Rajapaksa and his political allies for attempting to sabotage efforts to draft a new Constitution that would include a political settlement for the north and east, calling them “pseudo patriots” that were seeking to mislead people for petty political gain. He said these forces were claiming that the process to draft a new Constitution was aimed at dividing the country.

“Those that are opposing this process to resolve a national issue are those agitating for more bloodletting in this island,” President Sirisena charged.

The former President, now a Kurunegala District legislator, made very different promises about power devolution to the provinces when he was leading the country, he recalled. “As a member of his Government, I remember his promises to the UN Secretary General about sharing power. I remember his 13 plus promises to the Indian Prime Minister. It is a tragedy if politicians say one thing in power and another thing when they are desperately seeking to regain power,” he asserted.

Over a hundred thousand people still live in displacement camps in the north, President Sirisena told Parliament during his speech, and some of them had lived in those camps for up to 27 years.

“It’s easy to demonstrate and hold press conferences and criticise this process when the Government is trying to resolve the problems these people face. I wonder how these pseudo patriots will react if they were stuck in a displacement camp for 27 years? Wouldn’t they want to take up arms? Perhaps they would do worse,” he charged.

During his moving address, Sirisena told lawmakers that when people of the north returned to their own properties, as the Government slowly releases tranches of land for resettlement, some of them fall to their knees to kiss the ground in their own plots.

President Sirisena said he doubted that any of the politicians opposing constitutional reform and the release of lands ever visited the north to listen to the grievances of the people there.

“What are the opponents of this process, who are spreading lies, seeking to achieve? Just like leaders in the past who used this national problem to gain political power, those who oppose attempts to resolve this issue now are also trying to gain power. If this process is sabotaged, they will have to take responsibility for the consequences,” the President charged.

Sri Lankan personal laws between justice and freedom – A value based perspective

Featured image courtesy Colombo Telegraph

M.H.M. FIRDOUS on 12/01/2016

No century in recorded history has experienced so many social transformations and such radical ones as the twentieth century (Peter, 2016). Over this period, without any exception every human culture has been transformed from within, due to globalisation and rapid geopolitical changes. Unlike the past, today the universe is increasingly transforming into closely connected villages where all social groups and nations are compelled to find commonalities among them with mutual understanding and respect to each other. Identifying a common ground in terms of the immutable values and common goals which enable attainment of those values is the missing task that plural nations need to fulfill. Throughout the human history to date social groups have had certain ways of life shaped by codes of conduct, both unwritten and written. Without exception every such code has undergone changes; and change will be the only constant factor that never changes. This article attempts to analyse various personal laws and family laws in common and Muslim personal law in particular in line with perceived higher objectives or immutable values in compliance with the divine texts and prophetic traditions. Furthermore, this article tries to unfold mere dogmatic and cultural practices and open Muslim eyes in particular to move towards common goals and a common framework to reach those goals in terms of personal laws of Sri Lankan in common and the Muslim personal law in particular.

Sri Lankan personal laws between justice and freedom.docx by Thavam Ratna on Scribd

Hatton Barber claims police tortured him

2016-11-30

Kadireshan Ravishankar, a 34-year-old barber and father of four, alleges he was tortured by the Hatton HQI (Headquarters Inspector) on September 23. He was working at his brother, Kadireshan Simson’ salon - ‘CS Saloon’ - when he was called to give a haircut to the Hatton HQI. Grappling with abject poverty, Ravishankar has now been forced to battle against the added burden of social stigma after surviving police torture. 

“At around 7.00 p.m., two police officers in plain attire came to our salon and asked me to come with them to trim the hair of the Hatton HQI,” said Ravishankar. However, he has refused to go on the errand as his employer (brother) was absent and also as there were customers who had been waiting for a longtime. 

“But I told them I would come once the salon closed for the day. Yet, they threatened that I would not be able to open the salon the next day. They left after intimidating me,” he added. 

According to Ravishankar, the police officers had returned with back-up officers at 7.30 p.m. and threatened him again. He alleged that the police officers who included two Sub-Inspectors forced him to go to the police station. 

“As I had no other choice, I asked the two customers left behind to wait for my brother. Then I went with the police officers,” he said. 

A terrible fate awaited him at the police station. He alleges that he was tortured. 

“The HQI addressed me derogatorily and yelled at me inhumanly. He asked me very arrogantly as to why I had refused to arrive initially. I explained to him the reason and I apologized. But the HQI grabbed me by my right arm, which he twisted and held on my back. He punched me five times on my back with his elbow. He didn’t stop at that. He punched on my face and kicked me as well. It hurt very much and I still suffer in pain,” wept Ravishankar. Thereafter, police officers had asked him to contact his brother. He has informed his brother of the plight he had undergone. 

Ravishankar had then, taking his equipment, run out of a door that was ajar, to his salon situated half a kilometre from the police station. 

“My brother and two customers were at the salon. And outside, there were many people looking at me flabbergasted, wondering what had happened,” said Ravishankar. He had requested his brother to admit him to the Dikoya  Base Hospital as he was injured. 

“At the hospital, an ASP and another police officer asked me to get discharged. I refused because I was in extreme pain. They tried forcing me to sign the discharge form but I didn’t. They also asked my brother to convince me to get discharged. After that, the ASP came again with more than 15 officers. None of them was in uniform,” added Ravishankar. 

“On the 24th, I gave a statement to the Hospital Police. That evening, an ASP from the Nuwara Eliya Police station recorded a statement from me. On the 25th, two Sub-Inspectors from the Hatton Police asked me about the two customers who were in the salon when I returned after being tortured. But I didn’t reveal their identities for their safety,” he said. 

Ravishankar had been discharged from the hospital on September 26. However, as he had not fully recovered, he had been admitted to the Nawalapitiya  Hospital for a few days. Ravishankar is still recovering from his injuries. “Police officers still follow me. I feel so ashamed when people look at me. My three children who are schooling are questioned in school as to what happened to their father. My youngest child is four and a half years old. My record of being tortured by the police will be a problem when we need to admit the child to school in future,” said Ravishankar. 

“The HQI who tortured me wasn’t penalized. He was merely transferred to the Nuwara Eliya Police station,” he further said. 

Kandy Human Rights Office Director Fr. Nandana Manathunga said a protest was held the very next day after the torture in Hatton, requesting the IGP to take action against the alleged perpetrator. As a result, the HQI had been transferred to the Nuwara Eliya Police station. Thereafter, he had been transferred to the Batticaloa Police station where he currently functions. 

A Police officer attached to the Hatton Police station said the inquiry was conducted by the Nuwara Eliya Police station. 

“Legally, we’re not allowed to conduct an inquiry as all allegations are against this police station. So the Nuwara Eliya Police station was given the responsibility and they conducted the inquiry which is complete now. But we’re not aware of the results,” the police officer said. 

When we contacted the Nuwara Eliya Police station, its officers confirmed that the inquiry was complete and the HQI was transferred to their police station.  

“The inquiry was conducted by ASP Dasanayake. However, there will be further disciplinary investigation,” he said. 

District ASP Dasanayake said information pertaining to the inquiry could not be revealed to the media. “I conducted the inquiry and statements were collected. But I can’t divulge the result of the inquiry because internal officers are involved,” he said. 

Stigma attached to torture victims 
“Torture victims are not usually supported by civil society members as police accuse them with fabricated charges to justify torture. As a result, people believe the police, thus condemning the victims of torture,” Fr. Nandana Manathunga said. 

“People are also afraid of associating or assisting torture victims, fearing that police would target them as well. There have been instances where people who assisted torture victims by providing security or giving evidence, were later arrested with fabricated charges such as keeping drugs in their possession. Hence, due to their vulnerability, torture victims give up the fight in seeking justice. Some have even fled the country,” he added. 

The Donoughmore Experience: Broader Commitment To Justice As An Essential Complement For A Democracy That Delivers

By Rajan Hoole –December 1, 2016

Dr. Rajan Hoole

The Donoughmore proposals of September 1928, sought to replace the Legislative Council, elected under limited franchise with a State Council elected under universal adult franchise, conferring on it shared executive power. It was a salutary measure, which was an opportunity to prepare ourselves for full independence. Instead they began a curious saga ending with independence where the ominous signs were masked by the ceremony of the British exit.

To begin with the Legislative Council in November 1928 defeated universal franchise, the main thrust of the reforms, by an amendment to the Donoughmore proposals by Molamure and Senanayake. It made five years residence in addition to passing a literacy test mandatory for the franchise. It was in effect a class qualification. The British compromised and agreed instead to a test of domicile, after which the Bill passed 19 for and 17 against in December 1929. It was an inadvertent precedent for racial and religious discrimination. In using domicile as qualification for the franchise, the target group was plainly the Indian Tamils.

By then an estimated 70 to 80 percent of the Indian Tamil population had been born here and would have in time qualified for domicile. Their right to be treated as in all respects equal to British subjects in Ceylon was part of the 1923 treaty with India governing migration of labour. The effect of requiring proof of domicile was to slow down voter registration.

Ceylon domicile could mean, domicile of choice, to have an abiding interest in Ceylon; or domicile of origin, that is, father having Ceylon domicile. The registering officers took the practical way out, and registered those with five years residence as qualified for domicile of choice and those born here as having Ceylon domicile of origin. S.W.R.D. Bandaranaike, Minister of Home Affairs, was outraged. In 1938, a House committee of seven chaired by Bandaranaike, decided by a majority against changes to the registration as it ‘would be disastrous to the Indian estate labourer.’ Bandaranaike vehemently opposed this considerate view.

In February 1940, Bandaranaike wanted the new Legal Secretary Drayton to move legislation requiring inquisitorial conditions for registration, including for example that the registrant has owned a business here for ten or fifteen years and that he is married and settled down here. Drayton declined after seeing the committee decision. He explained to the House in May the practical limits of registering officials: A child born in Ceylon having a Sinhalese name was presumed to have Ceylon domicile of origin; officials did not inquire into the father’s domicile or the child’s legitimacy as strict legal procedure demanded.

Bandaranaike’s truculence was however rewarded. Governor Caldecott cited ‘growing unrest’ and in June 1940 decided to postpone the elections due in January 1941 by two years. Bandaranaike earlier told the House, “nothing will please me more than to see the last Indian leaving the shores of Ceylon…[in which event], I will die a happy man.” It was the voice of contradiction, ‘I love the fruits of Indian labour without the Indians.’ The consensus among British interests and the Ceylonese legislators, several of them planters, was that Indian labour was essential and the latter routinely approved permits for their import.

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