Saturday, December 3, 2016

Ignorance Of Colombo NGOs And Bar Delays Appointing RTI Commission

December 3, 2016

The Colombo Telegraph learns that the Presidential Secretariat is in the process of finalizing procedures for the appointment of the two remaining Commissioners to Sri Lanka’s Right to Information (RTI) Commission. The appointments are expected to take place within the coming week/s.

President Mauthripala Sirisena

The Commission consists of five persons appointed by the President upon the recommendation of the Constitutional Council (CC). Under the RTI Act, No 12 of 2016, the CC’s recommendations must include three nominees of the Bar Association of Sri Lanka, organizations of publishers, editors and media persons and other civil society organizations after ensuring that the nominees have distinguished themselves in public life with proven knowledge, experience and eminence in the fields of law, governance, public administration, social services, journalism, science and technology or management.

Three Commissioners, namely retired public servant Mahinda Gammanpila (Chair), attorney-at-law Kishali Pinto-Jayawardena and attorney-at-law S.G. Punchihewa were appointed members of the country’s first RTI Commission by President Mauthripala Sirisena with effect from October 1st 2016.

Appointment of the remaining two Commissioners was however delayed as civil society organizations (including Transparency International, Sri Lanka) and the Bar Association of Sri Lanka had nominated persons who could not hold office in terms of the Act. Nominees N. Selvakkumaran, law academic and Saleem Marsoof retired judge of the Supreme Court were disqualified as one is a public officer and the other is a visiting judicial officer overseas.

When questioned by Colombo Telegraph on Friday, sources at the Presidential Secretariat clarified that both Selvakkumaran and Marsoof had explained as to why they could not accept the appointments with at least one nominee stating that he had not been consulted by civil society organizations before the nomination was made.

‘This is typical of the careless way in which things are done. As a result, the whole process had to start all over again. The delay was because of this’ the official explained when asked as to why the two remaining appointments were taking so long. Adding to the confusion, the Department of Government Information had sent out a wrong notification at the time stating that all five members had been appointed.

Asked for a comment, a retired civil servant who had worked on RTI issues regionally and who did not wish to disclose his name said that ‘If NGOs and the Bar do not take the trouble to follow correct procedures when acting in terms of the law, how can we expect better from others?’

Under the Act, the RTI Commission is the primary supervisory, monitoring and appellate body. It has powers to summon individuals and to take refusals to supply information directly to court without the intervention of the Attorney General. The RTI Act, ranked as the ninth best in the world, applies to a wide reach of agencies including all bodies established under the Constitution, Government entities including Provincial Councils and Local Bodies and entities working for other public authorities, public corporations as well as private entities, educational/vocational/training entities and NGOs in specific contexts. The legislature and the judiciary are also included.

The implementation agency under the RTI Act is the Ministry of Media which has been appointing information officers. The Department of Government Information has also been involved in the RTI implementation process. It set up an RTI Task Force as an external body before the RTI law was enacted with mainly members of NGOs with one formal objective to secure funding from donor agencies. It is now in disarray reportedly due to infighting.

The Colombo Telegraph reliably learns that several donors have expressed displeasure following canvassing by the Task Force. Questions have been asked to why only three or four major NGOs in Colombo are named in funding proposals. The senior representative of a multilateral agency approached for funds had asked ‘Are these the only organizations in town? Many of those involved in one organization are also holding positions in the other organization or have other close links. Where are the grassroots organizations?’ One example cited was Transparency International, Sri Lanka and Verite Research both of which had representatives on the now non-functional Task Force.

Asked to comment on this, the retired public servant speaking to Colombo Telegraph stated that he had no idea about any Task Force but said that the independent RTI Commission will be faced with an uphill struggle in staying apart from controversial actions of government agencies and others.

Landscape view of Jerusalem with golden Dome of Rock in center

New regulations add another hoop Palestinians must jump through to secure their right to live in Jerusalem.Saeed QaqAPA images

Joharah Baker-28 November 2016

Earlier this year, new regulations made it mandatory for all residents in Jerusalem with temporary family unification permits to obtain Israeli medical insurance.

The law, which came into effect on 1 August, will cost those affected a monthly fee in addition to a large backdated one-time charge.

It has caused an angry uproar among Jerusalem’s Palestinians, who see it as yet another attempt by Israeli authorities to target their community and make their precarious existence in the city even more challenging.

For a start, the law solely affects the thousands of Palestinians with green West Bank ID cards, who are only able to enter Jerusalem with Israeli permits, married to those who hold the blue ID cards and are permanent residents of the city. Permanent resident status was imposed on the Palestinian population after Israel occupied the eastern half of Jerusalem, and eventually annexed it – in violation of international law – to the territory on which the state was declared in 1948.

Green ID card holders already live in the city under difficult conditions, constantly fearing that their permission to stay in the city – and therefore with their families – will be revoked, as Israel has revoked the residency rights of at least 14,000 Palestinians since 1967.

Every year, these people have to prove to the satisfaction of bureaucrats at Israel’s interior ministry that their “center of life” is Jerusalem. It is not enough for them, in other words, to be married to Jerusalem ID holders to hold rights in the city. Rather, they must constantly prove that they reside in the city; that they pay bills in the city, including the Arnona or property tax; that they work in the city; that their children go to school there.

And it doesn’t stop there. Spouses and children must also produce proof that they are registered with a medical insurance company and that their spouse works in the city. If the family falls short in any of these demands, the annual visit to the Israeli interior ministry for permit renewal could very well end up with a stamp of rejection.

Back charge

Enter the new regulations. The immediate problem faced by many was simply that they weren’t aware of the new rules. Insurance companies say they sent letters to the Israeli residency holders of each affected family, addressed to the spouse with the residency permit.

But, said Nasrat Dakwar, an attorney for the Society of St. Yves Catholic Center for Human Rights, while the letters were sent, many weren’t received.

Then there is the charge. The letters – whether received or not – informed the partners of blue ID card holders that they would have 60 days from 1 August to pay a back charge of NIS 7,695 (approximately $2,000), plus a new monthly fee of NIS 285 ($75) in order to be registered for full medical insurance.

There was no explanation as to why the huge back charge was imposed, nor were recipients fully informed that this payment was mandatory.

It will certainly be difficult for many to pay. According to a 2015 study by the Association for Civil Rights in Israel, a staggering 75 percent of Palestinians in Jerusalem live in poverty. Israel’s National Insurance Institute considers an individual below the poverty line if they make less than $792 a month.

Rana, from the Ramallah-area village of Beitin in the West Bank, has been married for 15 years to a Jerusalemite. She only found out about the new medical insurance regulations from a friend, she said, and did not receive anything in the mail.

“It’s a financial burden of course,” the mother of four said. “I don’t know how people will pay. We are even paying in installments. But we have no choice.”

She really has no choice. Dakwar says not only has it become mandatory for all Palestinians with residency permits to be registered with medical insurance companies, but they will be signed up whether they do so themselves or not.

Should people miss the 60-day cut-off date for payment, Israeli medical companies will still register their names without their knowledge. When the unknowing “client” eventually finds out, the debts have already piled up.

“What’s worse, if you finally have the means to pay the original NIS 7,695 a month or two after the cut-off date, you will have to pay interest for the delay and also have to wait for an additional two months for the actual medical services to start,” Dakwar said.

“They keep you in a loop of debt without services, which is a huge predicament for many.”

Back charges

The second catch is that the law differs for Palestinians with West Bank IDs who are married to Jerusalem’s permanent residents, like Rana, and those whose spouses are Israeli citizens. Most notably, the latter group is only made to pay $450 in back charges.

“Israel has something called a ‘gradual procedure’ for those wishing to obtain Israeli residency in Jerusalem or Israel. For those who marry Jerusalem residents, this period is 27 months from the time the family reunification application is accepted by the Israeli interior ministry; these applicants receive what is called a B1 permit. For persons who marry an Israeli citizen, the waiting period is only six months,” explained Dakwar.

That explains the discrepancy between spouses of permanent Jerusalem residents, whose back charge was calculated at NIS 285 multiplied by 27, and Israeli citizens, who are only being made to pay the equivalent of six months’ insurance payment.

In 2003, however, the Israeli parliament passed a constantly renewed temporary order freezing all unification rights for Palestinians, making it impossible for them to obtain Jerusalem IDs or Israeli citizenship. Thus, the 27 months are irrelevant in terms of obtaining permanent residency.

The Society of St. Yves is appealing this provision of the law, which lawyers are calling discriminatory, in the Israeli high court.

The law is not only biased against permanent residents of Jerusalem, says Dakwar, but is also unfair since no medical services were received during this period. “Basically you are retroactively paying for 27 months of medical insurance you never received,” Dakwar said.

Attorney Mohammad Abbassi from the Jerusalem Legal Aid and Human Rights Center says there is another problem with the new law.

“Most permanent residents have already privately signed up with medical insurance companies and pay a monthly fee,” he explained. “The new law does not consider the amounts already paid over the months or years they have been members. In reality, many people are paying double for a certain amount of time.”

This is true for Rana, who has been a client with the Israeli Meuhedet health services for three years and has paid monthly fees for the duration. What’s more, she is up for a temporary Jerusalem ID card this December because her family reunification application was accepted before 2002, a stipulation only recently introduced by the Israeli interior ministry.

She, however, paid the $2,000, saying she didn’t want to risk her status in Jerusalem, including the chance Israel would cancel her family reunification process altogether.

Allowing only the right type

While both Dakwar and Abbassi say the new medical insurance regulations have nothing to do with the family reunification process, Rana’s fears are not unfounded. Israel has repeatedly withdrawn family reunification permits from Palestinians in Jerusalem for a slew of reasons, such as having a family member involved in attacks on Israelis.

And some companies appear to be preying on these fears. Dakwar said unsigned flyers were distributed in East Jerusalem warning people that their family reunification processes would be disrupted if they didn’t pay immediately.

“There was no name at the bottom of the flyers, but we all know who it was,” he said, referring to Israeli medical insurance companies. “It was sheer intimidation.”

He, and Abbassi, believe the motive behind the law is purely monetary.

“They want to make money and by making it mandatory, they keep it flowing,” Dakwar pointed out.

“The idea [of medical insurance for residents] is a good one in general,” he said. “It is the execution that is so wrong.”

If Rana is finally granted a temporary Jerusalem ID – valid for two years before a review is conducted to decide whether she can be granted permanent residency – the $2,000 she paid will not be returned. This is another complaint Dakwar says St. Yves has taken up with the Israeli health ministry.

But Rana insists there is more to the law than simply an attempt to secure more revenue.

“Israel wants a certain type of Palestinian in Jerusalem and this is one way to achieve this goal. The Israelis want those who can afford to financially feed into the occupation and then remain as unobtrusive as possible so they don’t sabotage their status in the city.”

Rana opted not to use her last name because of her upcoming interview at the Israeli interior ministry. Her sentiments mirror thousands of others who keep a low profile in the city just so they are not kicked out of their homes.

Israel’s plan, however, is not foolproof either. People will pay the onerous medical insurance fees, they will pay their Arnona taxes and high rents and endure the tough Israeli measures exclusive to the eastern sector of the city.

They do so to prove something else: Jerusalem is their home and they will not leave.

Joharah Baker is a freelance writer who has worked with Palestinian, regional and international media. She is also a translator for a number of Palestinian organizations.

Russia ready for US deal on 'complete withdrawal' of rebels from Aleppo

Sergei Lavrov says he will discuss US plan on Syrian city's future, but EU foreign policy chief warns Syria it can win the war and lose the peace

Reports said Syrian forces had taken 60 percent of rebel territory in Aleppo in recent days (AFP)

Saturday 3 December 2016

Russia has said it is ready for talks with the United States to agree a "complete withdrawal" of all rebels from eastern Aleppo, as Syrian government forces reportedly stormed a crucial district adding to their lightning advances across rebel territory.

Speaking at a conference in Rome on Saturday, Russia's foreign minister, Sergei Lavrov, said his US counterpart John Kerry had offered new proposals to end the battle for Aleppo, and he was immediately ready to discuss them.

"Moscow is ready to immediately send our military experts and diplomats to Geneva to work out joint actions with our US colleagues in line with the American proposals," he said, adding they would "ensure the withdrawal of all militants without exception from eastern Aleppo, and provide unimpeded humanitarian supplies to the city’s residents".

"John Kerry passed on to us proposals from Washington that are in line with the suggestions from Russia’s experts," he was quoted by Russian state media as saying. “It must not be a meeting for the sake of a meeting. It is necessary to agree on a detailed timeline of steps.”

The US has not yet disclosed its plans as reported by Lavrov. Russian and US diplomats are due to resume talks in Geneva next week. Kerry insisted on Friday that "diplomacy is still alive" and that "nobody is waiting" for the inauguration of Donald Trump as president in January.

The talks came as Syrian forces continued to press their advantage in the city. The Syrian Observatory for Human Rights said Syrian troops had seized the Tariq al-Bab district from rebels, opening up a road linking the government-controlled west of the city to its international airport.

Observatory head Rami Abdel Rahman, who is based in the UK, said the government was "comfortably in control of half of former rebel territory in the city's east".

Within hours of Lavrov's comments, Zakaria Malahifji, the head of the political office of the Aleppo-based Fastaqim rebel faction, said there would be no withdrawal.

"The military commanders in Aleppo said 'we will not leave the city. There is no problem with corridors for civilians to leave, but we will not'," he told the Reuters news agency.

The UN's envoy to Syria, Staffan de Mistura, meanwhile said he hoped "some type of formula" could be found to avoid a "terrible battle" for the city.

"The fact is that Aleppo is not going to stay [survive] that long," he said.

"I was feeling it would be a terrible battle ending by Christmas-New Year. I hope the battle will not take place, that there will be some type of formula."

However, the European Union's foreign affairs policy chief, Federica Mogherini, said the wider Syrian war would carry on regardless.

"I'm convinced the fall of Aleppo will not end the war," she said. "You can win a war but you can lose the peace.

"Who is interested in winning a war in Syria and getting at a price a country that is divided, armed, full of terrorists... isolated in the international community?"

The Rome meeting also follows talks in Ankara between rebels and Russian representatives, which were brokered by the Turkish government.

However, a senior Syrian opposition official on Friday accused Moscow of using the meeting to "procrastinate" rather than negotiate.

"There is severe procrastination by the Russians," the official told Reuters, speaking on condition of anonymity, adding there was "absolutely no seriousness" about finding a negotiated settlement.

A boy is rescued from a building after an air attack in Tariq al-Bab in August (AFP)

AFP's correspondent in east Aleppo said ferocious clashes could be heard in the Tariq al-Bab district on Friday, where government forces began their advance earlier this week.

Tariq al-Bab has been under heavy bombardment and air attack for months, with many streets reduced to rubble.

The capture of the area came after ferocious clashes that sent civilians flooding out of the adjacent district of al-Shaar.

The AFP correspondent saw only a few rebel fighters in the district on Friday as the government advanced. Shops and bakeries were shut, and market stalls shattered by heavy shelling.

More than 300 civilians have been killed in east Aleppo since the government, backed by Russia, resumed its offensive on 15 November.

READ: Russia, the middleman keeping Turkey and Syria apart

Tens of thousands of people have fled the fighting, either to government-held areas, Kurdish districts or within rebel territory. The UN children's organisation Unicef estimated 20,000 children were among those forced from their homes.

"What is critical now is that we provide the immediate and sustained assistance that these children and their families desperately need," spokesman Christophe Boulierac said.

"It's a race against time, as winter is here and conditions are basic."

Earlier on Friday, anti-government fighters had rolled back government gains in Sheikh Saeed on Aleppo's southeastern outskirts.

Sheikh Saeed borders the last remaining parts of Aleppo still in rebel hands - a collection of densely populated residential areas where thousands have sought refuge from advancing government forces.

Hundreds of members of Syria's elite Republican Guard and Fourth Division arrived in Aleppo on Friday in preparation for street fighting in those districts, according to the Observatory.

Russia on Saturday said it was sending a force of mine-clearers to the city, to clear "eastern Aleppo from explosive devices left by terrorists".

Moscow has proposed setting up four humanitarian corridors into east Aleppo.

"We have informed the UN in New York and Geneva that there is no longer a problem with the delivery of humanitarian cargo to eastern Aleppo," said Lavrov on Friday. He said the UN was forming a plan and approval from Syrian authorities remained essential.

Moscow has announced several humanitarian pauses in Aleppo to allow civilians to flee, but until the recent escalation only a handful did so.

East Aleppo residents have been wary of previous such offers because of Russia's support for the government.

Clown of Aleppo 'dies in air strike' as Syrian government closes in on besieged city

Anas al Basha stayed behind in the city to comfort children and sent his salary to his parents to help when they fled to the countryside

Anas al-Basha was killed in an air strike on the besieged city. He was 24 and newly married AP

Caroline Mortimer-@cjmortimer-Thursday 1 December 2016

A social worker who dressed up as a clown to cheer up traumatised children in Aleppo has been killed by an air strike.

Anas al-Basha was killed in a presumed Russian or Syrian government missile strike on the Mashhad area in the east of the city.

In pictures: Aleppo bombing

The 24-year-old was the director of Space for Hope – one of the dwindling number of local initiatives supporting the besieged residents of the city.

The charity supports 12 schools and four psycho-social support centres in eastern Aleppo where they provide counselling and financial support for at least 365 children who have lost one or both their parents in the fighting.

Mr Basha’s parents left the city before the Assad government sealed off its siege of the city last summer but he chose to remain and sent his salary to the their new residence in the countryside.

He is survived by his wife, whom he only married two months ago.

His supervisor, Samar Hijazi, paid tribute to him, saying she will remember him as a friend who loved to work with children.

She said: “He would act out skits for the children to break the walls between them.”

Space for Hope has now suspended its operations for the time being as the men and women responsible for caring for Aleppo’s children, many of whom had learned on the job during five years of civil war, have been left “exhausted”.

Ms Hijazi said: “All of us in this field [of childcare] are exhausted, and we have to find strength to provide psychological support and continue with our work.”

Mr Basha’s death comes as the Syrian regime recaptured two major districts of eastern Aleppo after intensified bombing campaign.

On Wednesday, Stephen O’Brien, the Under Secretary General for humanitarian affairs, said Aleppo risked becoming “one giant graveyard” if the bombing campaign continued.

The Syrian Army, and their allies from Iran, Russia and Hezbollah, have seized control of around 40 per cent of territory that has been under rebel control since 2014, meaning an estimated 5,000 citizens have fled their homes in the past week.

He said: “For the sake of humanity, we call on, we plead, with the parties, and those with influence, to do everything in their power to protect civilians and enable access to the besieged part of eastern Aleppo before it becomes one giant graveyard”.

“There are no limits or red lines left to cross. The rules of war – sacrosanct notions borne out of generations of costly and painful lessons and set more than 150 years ago in the First Geneva Convention - have been systematically disregarded in Syria."

Additional reporting by agencies

China blasts ‘petty’ Taiwan phone call with Trump

The Washington Post’s Jia Lynn Yang explains the backstory on relations between the U.S., China, and Taiwan, and the ramifications of Friday's telephone call between president-elect Donald Trump and Taiwanese President Tsai Ing-wen. (Alice Li, Victoria Walker/The Washington Post)

By Emily Rauhala December 3 at 10:13 AM

BEIJING — On Friday, President Xi Jinping told Henry Kissinger that he hoped for “stability” in U.S.-China ties under the new administration. Nobody told Donald Trump.

The president-elect broke with four decades of diplomatic practice by talking on the phone Friday with Taiwanese President Tsai Ing-wen, a breach of protocol that could disrupt U.S.-China ties before the inauguration.

The 10-minute phone call is believed to be the first time that a U.S. president or president-elect and a Taiwanese leader have spoken since the late 1970s.

[Trump speaks with Taiwanese president, a major break with decades of U.S. policy on China]

It left Beijing fuming and China-watchers the world over wondering, “Is this a slip-up or a major shift?”

The United States formally recognized the government in Beijing as representing China in 1978 and has pursued a “One China” policy since 1972, when then-President Richard M. Nixon visited the country. But although the U.S. government ended official relations with Taiwan in 1979, U.S. presidential administrations have maintained unofficial ties with the island territory, which has become a thriving democracy in recent decades.

Beijing remains hypersensitive to questions of Taiwan’s status and is apt to treat any change in protocol or policy as a provocation — even if it’s just a phone call.

A spokesman for China’s Foreign Ministry said Saturday that Beijing had lodged an official complaint with the United States. Asked about the incident, Foreign Minister Wang Yi described the call as a “petty” move by Tsai. “The One China principle is the foundation for heathy development of Sino-U.S. relations. We don’t wish for anything to obstruct or ruin this foundation,” Wang said.

Experts predicted continuing anger as Beijing takes stock over the weekend. “This is a heavy blow,” said Zhu Feng, dean of the Institute of International Relations at Nanjing University.

Many questions remain about the conversation between Trump and Tsai. The president-elect tweeted Friday that Tsai called him, rather than the other way around. Tsai’s office said later, however, that the call was arranged in advance by both sides.

“My guess is that Trump himself doesn’t have a clue,” said Bonnie Glaser, a senior adviser for Asia at the Center for Strategic and International Studies. “That he had no idea about Beijing’s neuralgia on Taiwan.”

Susan Shirk, chair of the 21st Century China Program at the University of California at San Diego, said the conversation was an “impulsive” move and a “bad sign for Trump foreign policy.”

The call and Trump’s subsequent tweets raised fresh questions about who is advising the president-elect on Asia policy — and how.

Paul Haenle, who was on the National Security Council staffs of former president George W. Bush and President Obama and is now director of the Carnegie-Tsinghua Center in Beijing, said the incident showed the importance of Trump taking daily intelligence briefings, consulting with experts at the State Department and Department of Defense and quickly assembling a China team.

Past administrations took a “no surprises” approach to Beijing, Haenle said. “The alternative — catching China by surprise on some of the most sensitive and long-standing areas of disagreement in our relationship — presents enormous risks and potential detriment for this consequential relationship.”

That means damage control before Inauguration Day, experts said.

That Trump is the president-elect and not yet the president leaves Beijing some room to maneuver, said Shen Dingli, deputy dean of the Institute of International Affairs at Shanghai’s Fudan University.

“If he were president of the United States now, this could lead to a breaking-off of diplomatic relations between China and the U.S.”

“Having this mishap occur before he is president is better than having it occur after he is president,” said Glaser of the Center for Strategic and International Studies. “Privately, I expect Beijing to find a way to give him an education on Taiwan.”

In a separate development Saturday, the Philippines’ president, Rodrigo Duterte, shared details of a seven-minute conversation he held with Trump late Friday.

According to Duterte, his plan to “kill all” the country’s suspected drug users and dealers — a plan that has been condemned by the United States, the European Parliament and the International Criminal Court, among others — now has the backing of the U.S. president-elect. The campaign has left at least 4,500 Filipinos dead over about five months.

During the call, Duterte said, Trump told him he was doing it the “right way.”

“I could sense a good rapport, an animated President-elect Trump,” he added. “And he was wishing me success in my campaign against the drug problem.”

The comments, which have not been confirmed by Trump’s team, could signal another significant twist in U.S.-Philippine ties.

The Philippines is a former U.S. colony that has been a close partner of Washington for decades. Since sweeping to power last spring, Duterte has repeatedly lashed out at his longtime ally, threatening to ditch the United States for China and Russia.

In September, when Obama raised questions about the bloody anti-drug crusade, Duterte lectured him on colonialism, referring to him with a slang term that translates roughly as “son of a whore.”

In the weeks that followed, he made several surprise announcements on U.S.-Philippine military ties, calling for the ouster of U.S. Special Forces from the southern island of Mindanao and the end of joint U.S.-Philippine military exercises — only to backtrack repeatedly.

But Trump’s triumph in the U.S. presidential race saw Duterte switch direction again. Weeks after railing against “uncivilized” Americans, Duterte greeted the U.S. president-elect with an enthusiastic “long live” Trump. Duterte also mused that they might get along — because they both like to swear.

The Afghan government said Saturday that Trump and Afghan President Ashraf Ghani had also spoken.

Ghani’s office said that during their phone call Ghani congratulated Trump on his win and expressed the hope of further cooperation between their countries under Trump’s administration.

Simon Denyer, Luna Lin and Congcong Zhang contributed to this report.