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

Monday, December 26, 2016

Laura Kuenssberg says source told her the Queen backed Brexit

BBC political editor reignites row over whether monarch spoke in favour of leaving EU prior to referendum
 Deputy political editor-Monday 26 December 2016

The BBC’s political editor, Laura Kuenssberg, has reignited the row over whether the Queen was in favour of Brexit, saying a source told her before the referendum that the monarch made comments supportive of leaving the EU.
Nine months after the Sun sparked controversy by publishing a headline, “Queen backs Brexit”, in March, Kuenssberg recalled what a contact had told her.
The front page caused one of the biggest rows of the EU referendum campaign and prompted a successful complaint to the press regulator, Ipso, by Buckingham Palace, which said it was misleading.
Speaking to BBC Radio 4’s Today programme, Kuenssberg revealed she had been told something similar but decided not to report it because it came from a single source. The BBC generally requires a story to be double-sourced before it can run.
“In a casual chat with one of my contacts, they said, ‘Do you know what? At some point this is going to come out, and I’m telling you now and I don’t know if the BBC would touch it, but the Queen told people at a private lunch that she thinks that we should leave the EU,’” she said.
“Apparently at this lunch she said: ‘I don’t see why we can’t just get out. What’s the problem?’
“My jaw hit the floor. Very sadly, I only had one source. I spent the next few days trying to prove it. I couldn’t find the evidence. Lo and behold, a couple of months later, someone else did. Of course then ensued a huge row between that newspaper and the palace over what had really been said or not said.
“There were lots of moments in the referendum campaign, but for me that was one when my jaw did hit the floor. Very frustratingly, the story did eventually emerge, whether it was true or not.”
The Sun stood by its story, saying it had two sources for the claim that the Queen had “let rip” at the then deputy prime minister, Nick Clegg, about Europe at a lunch at Windsor Castle.
Clegg said he could not recall the conversation and dismissed the Sun’s account as “nonsense”. He went on to point the finger at Michael Gove, the former justice secretary and leave campaigner, who had also been present.
Gove has never confirmed being the original source for the story, saying: “Well, as I’ve said before I don’t know how the Sun got all its information, and I don’t think it’s really worth my adding anything to what’s already been said about this story.”

Remembrance of Things Past

Confronting the advance of new-populism

article_image
. . . we thought would never end"

 "Those were the days my friend . . .

by Kumar David- 


The reason for borrowing the title of Marcel Proust’s seven volume autobiography is to contrast the extraordinarily different scene in which the world finds itself on this Christmas Day with the left’s halcyon days of the 1960s and 70s, through which we, the post NM, Colvin, Pieter, Dr Wicks, second generation passed. Two features of today’s universe of are the rebuff of "actually existing capitalism" at the hands of swathes of the world’s population, and concomitantly, the rise of new-populism. I have often drawn attention to the latter but it took Brexit, Trump, defeat at the Italian referendum and resignation of Mateo Renzi and the impending danger of a Le Penn presidency to get mainstream commentators to wake up. I used many stratagems to draw attention to this unprecedented trend; fractal symmetry of left and right, return of a neo-Mussolini phenomenon, blinkered nativism, throwback from internationalism, and the Trump bedlam-index. Nevertheless I refused to equate this upsurge of nihilism with the lunacy of inter-war fascism because it is not a farcical rerun of a previous tragedy; it is something new and must be confronted as such.

Now great names add their hand wringing to that which only few outside the Marxist left foresaw. One is Stephen Hawking of cosmological fame writing recently in the Guardian.

"Whatever we might think about the decision by the British electorate to reject membership of the European Union and by the American public to embrace Donald Trump, there is no doubt in the minds of commentators that this is a cry of anger by people who felt abandoned by their leaders; the moment when the forgotten spoke, finding their voices to reject experts and the elite everywhere. I warned before the Brexit vote that it would damage scientific research in Britain, that a vote to leave would be a step backward. The electorate took no more notice of me than of political leaders, trade unionists, artists, scientists, businessmen and celebrities.

Should we, in turn, reject this as an outpouring of crude populism and circumscribe the concerns it represents? That would be a terrible mistake. The underlying concerns about the economic consequences of globalisation and accelerating technological change are understandable. We need to put this alongside the financial crash which brought home that a very few individuals in the financial sector accrue huge rewards and that the rest underwrite that success and pick up the bill when their greed goes astray. We are living in a world of widening, not diminishing inequality, in which many people can see not just their standard of living, but their ability to earn a living disappearing. It is no wonder that they are searching for a new deal which Trump and Brexit appear to represent".

Hawking is famed as a cosmologist not political commentator, nor can he supplant Einstein as a consistent spokesman on public affairs. The old sockless relativist was a diehard socialist who never hid this agenda in a black-hole. Hawking is not wrong, but his solutions are platitudes. Is it not clear that the time for good intentions and noble words is past? He says, "We must work together, break down barriers, share more, leaders must care more". Instead must not the substance of economy and society change? It is repetitious for me to preach the futility of the liberal agenda and boring for you to tune into the old song, but aren’t we past anything less than social change unless we want the world to blow up in our face?

You cannot open any grandee economics page in the press today but see a lament on the failure of the global system; the opposite of what we have been force-fed for decades. It amazes me that the great and the mighty of established economics are competing with each other to stand on their heads! Events have emphatically verified that the working and lower-middle classes are in revolt. Though liberals are lost at the crossroads, their wailing about a hopeless predicament is a response to real conditions. To borrow from another context, the anger and the anguish of the new-populists "is at one and the same time the expression of real suffering and a protest against real suffering. It is the sigh of the oppressed creature, the heart of a heartless world, the soul of soulless conditions". But the rage and nihilism of new-populism is hopeless; it has no programme, it will be pulverised on the rocks of internationalism and globalisation.

Has Modi let the gene out

of the bottle?

A sign of unstable times is that things start for one reason but other imperatives push it to another goal. Consider Modi’s demonetisation and ponder where it may end. To people of my genre it’s odd to be on the same side as Modi on anything. Isn’t he the chap who vowed unmitigated capitalism nationally on the Gujarat model? Wasn’t he complicit in anti-Muslim carnage? Didn’t he start life in the RSS? Yes to all three! But the world does not pan-out according to a pre-set script. Where the genie Modi has released will lead is not predictable; it will run beyond his control; its impact could destroy or lionise him. He is quivering on the brink of orgasm and cannot pull back.

An op-ed in China’s state-run Global Times said, "More time is needed to see if Modi’s new policy will turn into a huge blow against corruption in India. The hard truth is that the corrupt and fraudulent don’t conduct shady deals using cash only, but with gold, real estate and overseas assets". This echoes what I have been saying from mid-November. He will be forced by upsurge and conflict to go after black property transactions, hidden treasure and Swiss bank accounts. The passions whipped up cannot be side tracked. Modi’s official web-poll claims 90% support for demonetisation, independent sites say 55%. I am at a loss how to square either with horror stories of desperation and death in queues. My Indian leftie friends are quaintly predictable and piously averse to the empirical – "stats are bogus, BJP election gains an aberration"! They see their country as the land of the oddest rope tricks.

The lodestar and the

phases of the moon

There is a seamless flow between things past and future. To some of us, physically, these are the final hours of the dance of death but to the great universal, global crisis is the forerunner of the mysterious power of life to recover from what has been taken away. Let me locate the passage of time in personal signposts. It was 63 years ago that I was drawn to Samasamajism by the 1953 Hartal; it was 46 years ago that I joined a dozen others in Vama Samasamajaya. There have been huge local and global changes since; much has changed, but much has not. One personal lodestar has been constant; I have remained a Marxist. I have not for one moment thought it necessary to drop historical materialism as an analytical category, the dialectic as a science, or internationalism as my orientation. I have become a more profound (pardon the smugness) Marxist as I deepened the ways in which I thought. But abandon Marxism? No way, perish the thought, nothing else seems half way as plausible. What has been gratifying in these years is bridging the two halves of my intellectual being; Marxism and Science.


While the lodestar stayed bright the phases of the moon have been ever changing. Revolutions rose and fell, the global and domestic left drifted into recess and there is need for clarity about socialism. Gamini Kulatunga said of my December 18 piece: "Your pose the question Whither Socialism? Socialism is withering not in the sense of withering away but as prelude to a new birth. To borrow a metaphor from tea manufacturing, withering is followed by fermentation to yield quality tea. Change is the only constant, so I fondly believe socialism is also withering positively". This is fine but can one say with a little more concrete content what this future socialism will turn out to look like?

I see three concrete options. One, expanding social democracy where the productive powers of society, not just consumable output but material and financial power, transit to an expanding circle of the populace. Two, is the revolutionary overthrow of the state and proletarian seizure of power (classic Leninism) and the third option is prolonged state-capitalism – China style. If liberal capitalism is in existential decline these are three conceivable alternatives. The leaf must mature into elegant broken orange pekoe, or full bodied red for working-class kahata, or green leaf to gulp from China-porcelain.

Two questions arise and the former does not pre-empt the latter; (a) what do we prefer and (b) what will the objective correlation of forces compel upon us, our wishes notwithstanding. The middle option is no longer viable; the world has changed in the century since 1917. So it’s social democracy or state-capitalism. In advanced nations creeping social democracy will erode capitalism, not in a straight line as the perils of new-populist diversions warn, but in the long-run (Keynes was wrong). State capitalism will engulf less developed parts of the world where capitalism was dead before birth and social democracy too rarefied to take root yet. However with the shrinkage of the globe into a unified polity, state-capitalism and its ancillary, authoritarianism, will wither away.

One is asked "What is socialism according to Marx? What did he envisage?" and the simple truth is that apart from axioms and quips he laid down no blueprint or draft. If you collect everything Marx said about the socialist future and collate it, you will be hard pressed to come up with half an A4 sheet – and this from the man whose (with Engels) complete works (MEGA), will reach 120 volumes when done. "From each according to his ability, to each according to his needs" (probably lifted from the Acts of the Apostles); "Free development of each is the condition for the free development of all"; "Capital is the property of all members of society"; the usufruct of the fruits of social labour belong to all; classless society and withering away of the state (same thing); abolition of countries and nationality, and a few other epigrammatic one-liners. That’s it! (Ch. 2 of the Manifesto is a tame set of transitional demands).

Marx did not lay out an outline for what society should be in 150 years. The promises and packages of governments go belly-up within 150 days of taking office these days! Perspectives are the Marxists signposts; values the guidelines, and the indispensable third ingredient is intelligence. The seventh (last) volume of Proust’s autobiography was Time Regained. What the first and second generation of the left marched for is evergreen; time is eternally regained. Those were the days my friend but right now these too are no less days my friends. I remain confident that the perspectives, signposts and values of socialism remain not one jot less relevant today than on December 18, 1935 or the halcyon days of the 1960s and 70s, so let me wish you a Merry Christmas on this sprightly note.

Photo Feature: An Initiative in Rajasthan Is Transforming the Lives of Former Manual Scavengers

Nai Disha is an initiative that rehabilitates manual scavengers, especially women, and provides them with vocational training to find alternative livelihoods.

Rehabilitated manual scavenger, Usha Chaumar, 40, stands on the stairs of her newly built three storey house in Alwar, Rajasthan, India on 24 September 2016. Credit: Anindito Banerjee
Rehabilitated manual scavenger, Usha Chaumar, 40, stands on the stairs of her newly built three storey house in Alwar, Rajasthan, India on 24 September 2016. Credit: Anindito Banerjee
She didn’t know what it was to stay clean. She never worshipped or touched any god. Health and hygiene were never a part of her life and for that matter, neither respect and dignity. But all this is now past for Usha Chaumar, a former manual scavenger, rescued and rehabilitated in Alwar, Rajasthan.

Myanmar says Muslim with links to government murdered in troubled Rakhine

Men walk at a Rohingya village outside Maugndaw in Rakhine state, Myanmar October 27, 2016. REUTERS/Soe Zeya Tun/Files
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Men walk at a Rohingya village outside Maugndaw in Rakhine state, Myanmar October 27, 2016. REUTERS/Soe Zeya Tun/FilesAshin Wirathu Chatting with Myanmar39s Buddhist Terrorist ReligionMyanmar democracy leader Aung San Suu Kyi pay homage to her father,late General Aung San, at the Martyrs' Mausoleum Stock Photo



By Shwe Yee Saw Myint | YANGON-Mon Dec 26, 2016

A man has been found dead with stab wounds in Myanmar's Rakhine State, in what the government said on Monday was the second murder in under a week of a Rohingya who cooperated with authorities as they crack down on suspected insurgents.

Coordinated attacks on October 9 killed nine police officers and sparked a military operation in northern Rakhine. The government of predominantly Buddhist Myanmar blamed Muslim Rohingyas supported by foreign militants.

State media has reported at least 86 deaths and the United Nations says 34,000 people have fled to Bangladesh.

The violence poses a challenge to Aung San Suu Kyi's government and has renewed international criticism that the Nobel laureate has done too little to help the Rohingya, who are denied citizenship in Myanmar.

Residents and rights groups say soldiers have raped Rohingya women, burnt homes and killed civilians during the operation near the frontier with Bangladesh.

The government denies the accusations, and has launched a social media campaign in an effort to demonstrate that security forces are acting properly in Rakhine.

An administrator in Yae Twin Kyun village, named as Rawphi, was found dead with knife wounds on Sunday, Lieutenant Colonel Aung San Win of the local border guard police told Reuters.

He said the killing of the 28-year-old Muslim might be "related to terrorism".

Myanmar's state counsellor's office said on Monday evening on its Facebook page that the victim had been "cooperating with members of security forces in administration duties."

The case is the second murder in Rakhine where authorities have highlighted the victim's cooperation with the government, appearing to point the finger at Rohingya insurgents.

On Friday, the state counsellor's office said a Muslim man was decapitated after he had denied stories of Myanmar military abuse when speaking to reporters.

"He told media that there was no case of arson by the military and police forces, no rape and no unjust arrests," said a Facebook post accompanied by a picture of a headless body with English text that read: "truth teller beheaded".

Neither the police nor the state counsellor's office have said who was responsible for the decapitation.

A Rohingya community leader, who asked not to be named for fear of reprisals, told Reuters many Muslims were sceptical about the government's account of the beheading.

A report by the International Crisis Group said insurgents calling themselves Harakah al-Yaqin were responsible for the attacks on October 9 that sparked the crackdown. The group also have killed Rohingyas who threatened to inform on them to authorities, the ICG said.

Reuters could not independently verify the government accounts as access for independent journalists to northern Rakhine has been prohibited since security forces locked down the area.

(Reporting By Shwe Yee Saw Myint and Simon Lewis; Writing by Yimou Lee; Editing by Robin Pomeroy)

Meditation: 7 Powerful Brain Benefits


Daily practice of mindfulness meditation offers health benefits that are too good to be ignored. Make sure you’re devoting at least 5-10 minutes daily to mindfulness meditation. If you want to experience the aforementioned brain benefits of meditation, regular practice is a must.

(December 16, 2016, Boston, Sri Lanka Guardian) If you meditate on a daily basis, several positive things happen. By charting new pathways in the brain, mindfulness meditation can reduce anxiety, ease pain, and instil a state of calm.
Here are 7 positive ways meditation can change your brain.
1) Reduces Anxiety and Depression
A recent study done at Johns Hopkins analysed the relationship between mindfulness meditation and its ability to reduce symptoms of anxiety and depression.
The study which examined 15 participants with no prior experience in meditation revealed that mindfulness meditation might be on par with antidepressants in treating depressive symptoms. Over the course of four days of meditation training, participants experienced significantly less anxiety.
2) Improves Concentration
Having trouble concentrating affects millions of people all over the world. It is a known fact that regular practice of mindfulness meditation improves concentration and attention.
In a 2012 study in the journal Frontiers in Human Neuroscience, researchers examined individuals with no previous meditation experience. A few of them received 3 hours of mindfulness meditation training and were asked to meditate for 10 minutes each day for 16 weeks. During tasks that involved attention to detail, those who meditated showed more control over executive functions involving concentration than non-meditators.
3) Reduces Stress
There is a slew of scientific studies which suggest mindfulness meditation reduces stress. In fact, not only does it reduce stress following a stressful episode, but it has the ability to mitigate stress in the moment.
In a 2013 study at Virginia Commonwealth University in Richmond, it was revealed that people who practiced mindfulness meditation showed lower brain arousal in response to highly unpleasant images compared to people who didn’t meditate. This suggests that mindfulness changes how stress-related emotion centers in the brain are activated.
4) Prevents Alzheimer’s Disease
Meditation may also slow brain aging and degeneration that leads to Alzheimer’s disease.
In a pilot study published in 2013 at Wake Forest, it was revealed that in adults with mild cognitive impairment, participants who practiced mindfulness meditation showed less atrophy or shrinking in the hippocampus, a brain region that is altered in neurodegenerative diseases like Alzheimer’s, compared to the control group.
5) Prevents Cold and Flu
Mindfulness meditation may help boost immune function.
In a 2012 Annals of Family Medicine study of adults aged 50 or older, researchers showed that mindfulness meditation is about as effective as exercise for reducing the occurrence of acute respiratory infection, which includes colds and seasonal flu.
6) Improves Learning and Memory
Several studies over the last decade have shown that mindfulness meditation increases gray matter in the brain which in turn improves learning and memory.
In a 2011 study published in the journal Psychiatry Research, researchers scanned the brains of participants who had no previous experience with mindfulness training. The participants then completed an 8 week MBSR course, and researchers scanned their brains again. Individuals who took the meditation course showed significant increases in gray matter.
7) Eases Pain
Practicing meditation while experiencing episodes of pain can reduce unpleasantness 
by altering the context for pain through cognitive control and emotional regulation.
In a 2011 study at Wake Forest, it was revealed that with just 4 days of mindfulness meditation training, meditating during episodes of 
pain reduced unpleasantness by 57 percent and pain-intensity ratings 
by 40 percent. The researchers also identified specific brain regions that appear to 
be involved in the experience of pain and how it is modulated through meditation.
Summary
Daily practice of mindfulness meditation offers health benefits that are too good to be ignored. Make sure you’re devoting at least 5-10 minutes daily to mindfulness meditation. If you want to experience the aforementioned brain benefits of meditation, regular practice is a must.

Saturday, December 24, 2016

Stable Truth: A Christmas reflection




BISHOP DULEEP DE CHICKERA on 12/24/2016
Hard lessons
The birth of Christ has not changed the world but it offers hard lessons for those who work for change.
Herod, whom Jesus called the fox, is clever with words; nice words that serve his interests only. His request of the visiting dignitaries that they should inform him where the baby was, was not to worship the baby, but to exterminate him. His occupation of the Seat is not to be disturbed. The real man is seen in the failed man; unable to have his way but still in power, he punishes the innocent.
Stolen promises
Herod’s legacy is repeated in history. It is about deceit and the abuse of power. Power is first negotiated as nice power for clean governance. Thereafter things turn ugly. When questionable behaviour comes to light, deceit displaces promise. And when deceit is exposed, the innocent pay the price. Incompetent governance is bad enough; deceitful governance is unbearable. It steals the will of the people.
When this happens, frustration spreads on the ground and people awaken to learn that their voices are no longer heard; or never were. All that ever mattered was Seats in high places. We are then left with failed governance, where freedom and rights and identity, enshrined in constitutions and changes to come, mean very little.
Betrayed mandates  
The Jewish religious hierarchy at the time of Christ’s birth was no better than Herod. It had cleverly crafted a dual objective to survive with benefits. Connected with and dependent on Herod, it was unable to stand up to him.
What was true of institutionalised religion then, is true of institutionalised religion now. This is why religion stays embarrassingly silent. It is unable to call politics to accountability, as it should, and consequently implies that it whispers advice in closed audience; which it seldom does.
Politics and institutionalised religion are exasperating. Both betray their mandate to put people first and have stealthily become anti people. This is why hope, for the people, rests with the people.
Herod’s court
The shepherds and wise-men go their different ways. Nothing is heard of them thereafter. They may have been stirred by their experience of ‘stable truth’; truth for life from amongst the vulnerable; to resist the Herod’s of their times. Or they may have been seduced into the courts of the ruling elite; a real temptation for many who grow weary in search of clean governance.
There is a story that one of the shepherds ended up as a door keeper in Herod’s court. He reasons with his questioning friends and restless conscience that he is now better placed to change Herod. Within the court however the opposite happens. Herod does not change; those in his court do. They become like him, perhaps more pathetic.
Those in the court are not trapped, they choose to be trapped. The same things that interest and motivate Herod now entice and motivate them. This is why they refuse to step out and sever ties. They have their own reward. All that is left is the fast fading dream of one day being able to make a difference.
Remnant change
Of the ‘stable truth’ encounter, only Jesus and Mary are left in the continuing narrative of truth for life. This is often the case. The peoples’ alternative of truth for life is carried forward by a remnant, inspired by the movement of the shepherds and wise-persons in the open space. Here, they are to protect one another from the wolves and discern the signs of the times. It is then, when the heart-beat of the flock and the positioning of the stars converge on that moment that a fresh burst of energy will lead to change; only to be stolen again and then regained all over again.
This is reality. This is life. This is the message of Christmas.

EUROPE’S COURT REPUDIATES BLANKET DATA RETENTION; SAYS HOSTILE TO PRIVACY, DEMOCRATIC FREEDOMS

eu-data-retention-surveillance-privacy-ecj

Cynthia M. Wong, Senior Researcher, Internet and Human Rights.

Sri Lanka Brief24/12/2016

This week, the European Union’s top court once again found that blanket data retention mandates are hostile to privacy and democratic freedoms, and incompatible with EU law. Such mandates require service providers to store data on all of the provider’s users for a set period. The decision responds to challenges to sweeping data retention laws in the UK and Sweden to invalidate the laws after the court previously struck down an EU-wide data retention law in 2014. The court’s ruling is a stern rebuke to governments that support blanket data collection for entire populations and should prompt renewed scrutiny of similar requirements in Belgium, France, Germany, the UK, and elsewhere.

Law enforcement agencies contend that companies must ensure that metadata, or data about communications like time, location, and recipient, is available for the investigation and prevention of serious crime, including terrorism. But blanket retention requirements invade the privacy of all mobile phone and Internet users, not just those under suspicion of wrongdoing.

The Court of Justice of the EU (CJEU) found that EU law bars member states from adopting laws that require “general and indiscriminate retention of all traffic and location data of all subscribers and registered users relating to all means of electronic communication” simply to fight crime. Governments are only allowed to impose data retention mandates for specific purposes such as protecting national security—and even then, the means must be strictly tailored to meet specific ends with limitations on retention periods and specific groups of users.

The court noted that metadata can be just as sensitive as the content of communications. Such data can allow authorities to draw “very precise conclusions” about people’s private lives, including “everyday habits, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them.”

Given the sensitivity of such data, the court—in an important new finding—said that EU law requires “prior review by a court or an independent administrative authority” before authorities can access retained data, and authorities must notify people whose data they access as soon as notice would no longer jeopardize an investigation.

This decision provides added clarity following the court’s 2014 ruling in the Digital Rights Ireland case that invalidated the EU Data Retention Directive. While several EU states have enacted new data retention requirements since 2014, the case may pose particular problems for the UK’s new Investigatory Powers Bill, which expands data retention requirements to even more categories of sensitive data like web browsing histories. Whatever the UK decides in the post-Brexit era, expect a new wave of legal challenges by privacy advocates across Europe, and challenges in the UK as well.
HRW

Top UN Official Laments Dragging Of RTI Implementation


Colombo Telegraph
December 24, 2016
A top United Nations official has urged South Asian nations to fast track the implementation of the Right to Information (RTI) legislation, highlighting that even though countries such as Sri Lanka, India and Pakistan have taken concrete steps towards strengthening the access to information, the fact that these countries were dragging the legislation’s implementation was disappointing.
Magdy Martinez Soliman
Magdy Martinez Soliman
UN Assistant Secretary General and Director of UNDP’s Bureau for Policy and Programme Support, Magdy Martinez Soliman in an exclusive interview with the Colombo Telegraph said, “there has been progress in matters of access to information with some acts been passed and bills been tabled, but the implementation is trailing behind.”
“A lot of work needs to be done,” Soliman said, while adding that the progress in matters of access to information in Sri Lanka, India, Pakistan as well as the efforts taken by Maldives were all very noteworthy.
He also underscored the importance of transparency for South Asian countries. “When you look at the rankings that exist, South Asian countries are not in a good place in terms of transparency, and they have opportunities to do better,” he said during the sidelines of the 17th International Anti-Corruption Conference in Panama City.
Meanwhile, bringing an end to a two month long delay, President Maithripala Sirisena on Thursday appointed former Chairman of the Appeal Court Judge A. W. A. Salam and activist Dr. Selvi Thiruchandran to the Right to Information Commission of Sri Lanka. Accordingly, the five member commission which will be chaired by Mahinda Gammanpila, will also include Kishali Pinto-Jayawardena and Somapala Punchihewa.

Sri Lanka’s Questionable Reconciliation Week



The Huffington Post
Taylor Dibbert- 12/23/2016 
During the most recent cabinet meeting, Sri Lanka decided to create a week for “national integration and reconciliation.” This will happen from January 8 to January 14 on an annual basis. How should this development be interpreted? Does this matter?
The Sri Lankan government notes that this was a “proposal made by [His Excellency] H.E. the President Maithripala Sirisena, in his capacity as the Minister of National Integration and Reconciliation.” The goal is to improve “peace, harmony and fraternity among people and to implement various programs in all schools, media, public and private institutions demonstrating the importance of national integration.”
Unfortunately, this looks like another cosmetic fix that’s principally intended for international consumption. It’s not even clear precisely what this reconciliation week would entail. “[T]here’s lots of talking done on reconciliation while on the ground what’s done contradicts everything necessary for reconciliation,” says senior journalist and political commentator Kusal Perera.
Indeed, a reconciliation week is unlikely to truly help conflict-affected people or to meaningfully promote reconciliation. If the government wants to give people confidence that it’s serious about reconciliation, it could make more significant gestures. It could, for example, finally release (or at least bring to trial) all remaining Tamil political prisoners. More broadly, it could make a more concerted effort to improve the quality of life in the Tamil-dominated Northern and Eastern Provinces. Or it could categorically denounce hateful, majoritarian rhetoric from the Sinhala-Buddhist community, including Buddhist monks. Yet the government is not doing any of those things.

Perera believes that this move by the government could be an attempt to influence the 34th session of the UN Human Rights Council (HRC) in March 2017. And he’s definitely not the only one who is thinking along these lines. Sri Lanka’s compliance with a previously passed HRC resolution will be examined during the March session. Regrettably, Colombo has largely failed to implement the resolution and major positive changes are not expected in the coming months.
So, don’t be fooled by this recent announcement.

Raviraj murder accused cleared, Sumanthiran faults all-Sinhala jury


 

COLOMBO, Dec. 24 (AFP) - A Sri Lankan court Saturday acquitted five men, including three navy intelligence officers, charged with assassinating an opposition Tamil legislator whose party immediately raised concerns about judicial integrity.

Nadaraja Raviraj, who represented the Tamil National Alliance (TNA), was shot dead in 2006 along with his bodyguard as they drove out of his home in Colombo, two and a half years before the end of the country’s Tamil separatist war.

Raviraj had been a staunch critic of then-president Mahinda Rajapaksa’s no-holds-barred offensive that crushed Tamil rebels and prompted allegations that up to 40,000 Tamil civilians were killed by troops.

The court heard testimony that a navy intelligence unit, which operated near Rajapaksa’s official residence, had carried out the assassination.

The Colombo High Court discharged the suspects, three of whom were tried in absentia, in a judgement delivered past midnight on Friday after a month-long trial.

One those tried in absentia — a police officer — has reportedly fled the country and is said to be living in Australia.

"The jury’s decision was that the accused cannot be convicted based solely on the fact that they were identified (by) several witnesses in the case," the state-run Daily News said.

TNA spokesman and fellow member of parliament M. A. Sumanthiran said the acquittal confirmed their fears that the victim could not expect a fair trail by a jury consisting only of those of the majority Sinhala-speaking community.

"It became an ‘us’ (majority Sinhalese) versus ‘them’ (minority Tamils) issue and shows we were right to object to this jury, but our position was rejected by the judge," Sumanthiran told AFP.

He said the court verdict underscored the need for independent international judicial experts to investigate allegations of war crimes during the 37-year-long Tamil separatist war which ended in May 2009.

He added that the five men were charged with executing the assassination, but those who had ordered it were still at large.

"What came out clearly in the case is that state intelligence services were involved in carrying out the assassination, but those who gave orders were never identified and prosecuted," Sumanthiran said.

Human rights organisations have accused government forces of killing political opponents and suspected Tamil rebel sympathisers during Rajapaksa’s rule.

Sri Lanka’s new government, which came to power in January last year promising accountability for war time atrocities and ethnic reconciliation, has so far refused to allow international judges in any war crimes probe.

Sri Lanka: Ravi Raj Murder case: All accused released

( December 24, 2016, Colombo, Sri Lanka Guardian) Five accused including three Navy intelligence officers who were accused over the murder of former TNA Jaffna district MP Nadaraja Raviraj were yesterday night acquitted and released after they were found not guilty by the Colombo High Court.
The verdict delivered by High Court Judge Manilal Waidyatilleke yesterday night as per the unanimous decision reached by the jury, comes following one month long trial.
The jury’s decision was that the accused cannot be convicted based solely on the fact that they were identified several witnesses in the case. The High Court allowed to proceed with the Raviraj murder trial in absentia of the three accused Palana Sami Suresh alias Sami, Sivakanthan Vivekanandan alias Charan, and Fabian Royston Tusen, who were evading Court since the initiation of investigations.
The indictments were filed against six accused Palana Sami Suresh alias Sami, Prasad Chandana Kumara alias Sampath, Gamini Seneviratne, Pradeep Chaminda alias Vajira, Sivakanthan Vivekanandan alias Charan, and Fabian Royston Tusen on five counts, including committing the murder of former MP Nadaraja Raviraj and his security officer Lokuwella Murage Laksman under the provisions of the Prevention of Terrorism Act (PTA) and Penal Code.
Three accused who were not present before Court, had been identified as ex-LTTE cadres affiliated to the Karuna faction. Wijeya Wickrema Manamperige Sanjaya Preethi Viraj was made State witness for the Raviraj murder trial.
Raviraj was shot dead near his residence at Manning Town in Narahenpita during the period between November 9, 2006 and November 10, 2006 when he was driving his vehicle along Martha Road. The CID recovered the three wheeler and the weapon alleged to have been used in the killing of the former Parliamentarian.
Senior Deputy Solicitor General Rohantha Abeysooriya with Senior State Counsel Suharshi Herath appeared for the Attorney General. Senior Counsel Anuja Premaratne with Rasika Balasuriya, Yuran Liyanage appeared for the accused, while Counsel K.V. Thavarasa appeared for the aggrieved party. Counsel Darshana Ranmuthuge appeared for the State Witness.

Taming The Judiciary & The Legacy Of The 1982 Referendum


Colombo Telegraph
By Rajan Hoole –December 24, 2016
Dr. Rajan Hoole
Dr. Rajan Hoole
…during many years every minister, whatever his personal character may be, consented, willingly or unwillingly, to manage Parliament in the only way in which the Parliament could then be managed. It at length became as notorious that there was a market for votes at the Treasury as that there was a market for cattle in Smithfield. Numerous demagogues out of power declaimed against this vile traffic: but every one of those demagogues, as soon as he was in power, found himself driven by a kind of fatality to engage in that traffic, or at least to connive at it.” 
“All the four Judges of the Court were on the bench. Wright… had been raised to this high place over the heads of many abler and learned men solely on account of his unscrupulous servility. Allibone was a Papist, and owed his situation to that dispensing power, the legality of which was now in question. Holloway had hitherto been a serviceable tool of the govern- ment. Even Powell, whose character for honesty stood high, had borne a part in some pro- ceedings which it is impossible to defend… The government had required from its law officers services so odious and disgraceful that all the ablest jurists and advocates of the Tory party had, one after the other, refused to comply, and had been dismissed from their employments.” ~ Lord Macaulay, from The History of England: The English Parliament during the decades after the Restora- tion of 1660, and the King’s Bench in 1688 under James II, at the trial of the Seven Bishops
The UNP and the Judiciary
The massacre of 53 Tamil political prisoners in Welikade Jail was among the most dastardly crimes committed during the July 1983 violence for which the State was directly answerable. But it was a tragedy for which the conditions were being laid over a period of time. The Attorney General’s department and the Judiciary had played roles which indirectly contributed to it.
The Press reported on 30th May 1983 that Parliamentary Standing Orders providing for the removal of judges by parliament were to be amended. Government sources had told the Press that according to the constitution judges could be removed only for misconduct or incapacity either by law or by Parliamentary Stand- ing Orders. They added that the absence of matching provisions has compelled Parliament to draft a new act and standing orders.JR Jayewardene
The Bar Association of Sri Lanka responded to this proposed amendment (Sun 2nd June) by pointing out that such provisions already existed. According to the Constitution a judge of the Supreme Court or Court of Appeal can be removed only by an order of the President made after an address to Parliament supported by a majority of the total members of Parliament. The BASL pointed out that Article 107(3) of the Constitution provided procedures for address, investigation and proof of misbehaviour or incapacity. Investigation and proof were thus crucial to the procedure, giving some protection even against a government with a five-sixths majority in parliament. This majority Jayewardene continued to enjoy after the dubious referendum of 1982. An amendment diluting the provisions for investigation and proof would have enabled the Government to appoint and remove judges at will. In fact, the whole conduct of the Government since the promulgation of the new constitution in September 1978 had sent a clear message to the judges to conform or face the consequences.