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

Wednesday, February 8, 2017

Yemen's food crisis: 'We die either from the bombing or the hunger'

Conflict has driven Yemen to the brink of famine. Few areas have been hit harder than al-Hudaydah, where many people are now bereft of hope

‘Everything has changed. Our life has become a hell’: Ghaleb Mashn holds her 11-month-old son, Radad, in al-Hajb village, Yemen. Photograph: Abdullkareem Alayashy

 and Ahmad Algohbary in al-Hudaydah-Wednesday 8 February 2017

Broom-maker Taie al-Nahari is kneeling on the sand, shirtless, outside his thatched hut in al-Qaza village in Yemen’s al-Hudaydah governorate. His bones show through his skin.

Before the conflict began in 2015, the 53-year-old was a fisherman. Now he makes two brooms a day, which earns him a daily income of $1. “The boats that we were working on were bombed [by Saudi jets]. Now my family and I don’t have enough to eat,” he says.

The conflict is the primary driver of a hunger crisis that the UN has warned could turn to famine this year if nothing is done.

On Wednesday, the UN launched a $2.1bn (£1.6bn) appeal to prevent famine in the Arab world’s poorest nation, where nearly 3.3 million people – including 2.1 million children – are acutely malnourished. The humanitarian appeal is the largest launched for Yemen and aims to provide life-saving assistance to 12 million people this year.

Jamie McGoldrick, the UN humanitarian coordinator in Yemen, said: “The situation in Yemen is catastrophic and rapidly deteriorating”. At least 10,000 people have lost their lives in the conflict. 

Al-Nahari lives in the area of Yemen worst hit by the crisis. He says even those fishermen whose boats have remained intact do not dare to sail for fear of being bombed by the Saudi jets that frequently bomb targets within the country. The attacks are to counter the advances of the Iran-backed Houthi rebels, who control the capital, Sana’a, and have spread out across Yemen. “The war killed our only income, which was [me] working as a fisherman, and now we are jobless and hopeless,” he says. 

Al-Nahari did not earn much as a fisherman, but it was enough to buy flour and some basic food. “We are broken, we don’t have enough money, no food, nothing to eat, nothing to work with,” he says.

Fatima takes care of her two grandsons in al-Hudaydah’s al-Mujelis village. Ali is 11 and Mohammed four. They both suffer from thalassemia and their condition has been exacerbated by the lack of rich food. “We have no money to treat my grandsons or to feed ourselves. Since we lost our jobs, we have no income and we have nothing to eat,” she says.
Yemen’s al-Hudaydah governorate and the surrounding area

The children’s family used to worked in a Mango farm before the bombings. “These days, we sell brooms and buy ourselves some flour and then eat it with water,” she says. “Either we die from the bombing or from the hunger. My grandson needs treatment and also on the top of all that he needs to eat a healthy food, my grandson doesn’t know what the milk tastes like.”

She says the world was turning a blind eye to the Saudi bombings, which have prompted criticism of the UK, which exports weapons to Saudi Arabia. “I also blame the whole world for watching us dying and for their silence against [the] Saudi-led coalition,” she says.

Ashwaq Ahmad Moharram, an obstetrician and gynaecologist volunteering in al-Hudaydah, says the humanitarian situation there is believed to be the worst among Yemen’s 22 governorates.

“The situation in al-Hudaydah was bad before and now it has become even worse; if they were poor before, now they are poorer,” she says. 

“When I visit homes here, I have not found even the simplest daily life supports: there is no daily food, most of people eat only fish and sell what is left, but now after fishing boats are targeted by Saudi-led coalition, they have nothing left to make income from.”

Saeeda, a 60-year-old woman living in al-Hajb village in the al-Almansoriah district of al-Hudaydah, is disabled. In the past, she was financially supported by her only son, who worked in a Mango farm. 

“When the war started, he lost his job; my grandson looks for what is left from [our] neighbour’s food. Saudi jets scare me all the time and when I hear their sound in the air, I cannot even run away from my thatched hut [because] I’m disabled,” she says.

“Before the war, we were eating breakfast and lunch, we had $3 a day, the situation was safe, but now we don’t have anything, my son is jobless, our life was difficult but now it’s more difficult than it was, sometimes I wish I was not born in this life.” 

She adds: “Farms have been bombed, fishing boats too and diseases have become widespread; fever kills a lot of children.”

The boats we were working on were bombed. Now my family and I don’t have enough to eat’: broom-maker Taie al-Nahari. Photograph: Abdullkareem Alayashy

Ghaleb Mashn’s 11-month-old son Radad is malnourished and has abdominal swelling. The family lives in al-Hajb village. “My son has a congenital disorder, his condition gets worse when he is starved. I don’t have money to treat him. I went to al-Hudaydah for two days and I couldn’t stay longer to continue his treatment,” says Mashn, who makes brooms and hats and makes $2 a day. “My son needs to be treated, his weight was 3.5kg and after one week in a malnutrition centre it increased to 4.5kg.

“Everything has changed. Our life has become a hell. Saudi Arabia bombards us and kills our neighbours.”

Gummai Esmail Moshasha’s thatched hut in al-Jah, in the Tihama area of al-Hudaydah, was targeted on 12 January. Moshasha, 54, and one of his sons, Ali, 21, were outside waiting for the breakfast call when the bombings began at about 6am. Inside, however, were Ali’s 18-month son, Ahmad, his wife and his mother. They were instantly killed.

“They were preparing the breakfast at our thatched hat, it was a tea and some biscuits,” Ali says. “Suddenly the rocket hit our thatched hat, I ran to the home to see what happened, I was shocked to see my family members killed and cut into pieces, I hugged [what was] remaining of my wife’s body, I also hugged my mother and my son’s body, I was crying.

“My message to the world is, ‘Please stop the war’, but I think my message is useless, they won’t be able to bring back who I have lost.”

Child labour & low wages: The real cost of producing fashion in Burma


8th February 2017
LABOUR and human rights abuses have been found to be rife in Burma’s garment industry with many workers earning below minimum wage and children as young as 14 being employed in some factories, a new report has found.
The report, issued by the Centre for Research on Multinational Corporations (SOMO), a Netherlands-based non-profit organisation, found that many western multinational corporations are now switching to Burma for production but labour abuses within these factories are at troubling levels.
The garment industry is booming, with Burma proving cheaper as a production hub than other garment producing countries like Thailand, Cambodia, China and Indonesia. Its draw is its huge pool of cheap labour and favourable import and export tariffs that have brought a plethora of multinational corporations all wanting to find producers that can make clothes quickly and cheaply.
And while this has fuelled the burgeoning economy of the recently democratic nation, it has brought with it a raft of other problems within the industry itself.
As the report details, Burma’s total export value of garments in 2014 reached US$986 million, nearly triple the value of the 2010’s garment exports. According to the Myanmar Garment Manufacturers Association (MGMA), garment exports totalled US$1.46 billion in 2015, accounting for 10 percent of the country’s export revenues.
Following the lifting of sanctions due to the country’s move towards democracy, the number of garment factories has grown from 130 factories to the current number of over 400 factories.
As of 2016, the rapidly growing garment industry was employing around 350,000 workers, 90 percent of whom are women. MGMA estimates that the industry will employ around 1.5 million workers by the year 2024.
The report studied 12 factories in and around Yangon city and uncovered a series of worrying labour rights and human rights issues.
SOMO’s findings included a low level of unionisation, stating that active independent unions are scarce and that many workers have no idea about the power of collective bargaining or their right to freedom of association.
Low wages and unlawful deductions were discovered in many of the factories, with some staff earning below the minimum wage and being forced to work long days for no extra pay. Workers reported they regularly work more than 60 hours per week.
Employers also manipulated the system by exploiting apprenticeships so they didn’t have to pay the permanent staff rate and by implementing wage deductions for days of absence even if the employee was sick.
Troublingly, child labour was found to be rife. The report found that workers under 18 years old were employed at all 12 investigated factories and half of the factories had workers who were younger than 15 years old when they started.
Almost half of the interviewed workers did not sign a contract, leaving them in the dark as to their entitlements and rights. This means very few employees were likely to complain about working conditions. The fear of punishment and losing their job also means that workplace grievances often go unmentioned.
The report concludes that the actors in the garment industry and those involved in governments urgently need to rethink their policies and practices in Burma.
The rush to invest can be a powerful force in developing the nation but it comes fraught with perils and must be handled in a considerate fashion in a country that still has a quarter of its population living in poverty.
The report urges the government of Burma to amend, develop and uphold progressive pro-labour laws that are in line with the highest international standards.
SOMO also urged retailers and governments to rethink policies and practices relating to Burma to “head off a crisis before it escalates”. The organisation called for an “industry-wide approach”. It said companies should join forces on risk analysis, share findings on social audits and investigations, and jointly address non-compliance at suppliers, in close co-operation with local stakeholders.
Burma is at a delicate point in its transition to full democracy, with the country still fraught with conflict and the military still playing a major role in public life. The garment industry, given its size and impact in the country, should be working towards enabling the stabilising process and ensure that it does not become a player in the unrest or exacerbate inequality in the nation.

Report: Widespread child slavery in India’s yarn industry, most victims are Dalits

Despite efforts to curb child slavery in India’s spinning mills the practice continues and 60% of the victims are Dalits – says newly released report.
International Dalit Solidarity Network

The India Committee on the Netherlands (ICN) report  ‘Fabric of Slavery – Large-scale forced (child) labour in India’s spinning mills’ shows that various forms of modern slavery, including child slavery, are found in more than 90% of the spinning mills in South India. These spinning mills produce yarn for Indian, Bangladeshi and Chinese garment factories that produce garments for the Western market.
In the press release issued by ICN it is stated that the majority of those working under these conditions are Dalits or ‘outcastes’ – who are enslaved by employers who may withhold their wages or lock them up in company-controlled hostels. They may work long hours, face sexual harassment and may not earn the minimum wage.
“We have raised the issue for five years now, but even to us the scale of this problem came as a shock,” said Gerard Oonk, director of ICN in the press release.
Researchers in South India spoke to workers in 743 spinning mills in Tamil Nadu, almost half of all the mills in the region. The majority of the women working in those mills are between 14 and 18 years old; 10 to 20% are even younger. Almost half of the researched mills have a so called ‘Sumangali Scheme’, where a significant part of worker’s wages is withheld until they have completed their contract.
United Nations pushing for action to end caste related slavery
Over the past many years IDSN has continued to bring attention to the problem of Dalit girls working as Sumangali workers. IDSN has worked to promote the findings in previous ICN reports, as well as to bring attention to this in the UN and EU and with garment producers at the international level. This was also a key topic at the UN side-event on Caste and Gender-Based Forced and Bonded Labour where the UN Special Rapporteur on contemporary forms of slavery addressed the linkages between caste, gender and slavery.
The Special Rapporteur referred to the increased vulnerability to contemporary forms of slavery of people belonging to lower castes being exacerbated by intersecting gender discrimination to create a “vortex of continuing economic disadvantage, and political disempowerment”.
On 15 September 2016 the UN Special Rapporteur on Contemporary Forms of Slavery, Urmila Bhoola, presented her annual report to the Human Rights Council, focusing on global trends of debt bondage, reflecting the information received from a range of stakeholders. Dalit Solidarity Network -UK and their partner READ (Rights Education and Development Centre) made a submission to the report, sharing their first-hand knowledge of addressing the issue of debt bondage and forced labour of children, in particular, under the sumangali scheme.
Recommendations for progress
While some progress has been made, It is clear that much more action needs to be taken and the report offers key recommendations for how to eliminate slavery in the industry to the spinning mill industry, International buyers/brands, governments in importing countries, the government of India, the Tamil Nadu state government and district government
According to ICN, advocacy and action on ‘Sumangali schemes’ by NGOs, unions and brands has contributed to reducing the incidence of such schemes, but has not tackled the issue of modern slavery in all its dimensions. Multiple factors contribute to this failing including: the poor enforcement of labour laws, the power of the industry, superficial audits by buying brands and lack of initiatives that increase joint leverage of brands. A few mills, often under pressure from their Western buyers, have addressed labour concerns in cooperation with local organisations. To sustain and upscale those successful initiatives, brands and governments from importing countries should use their collective leverage to tackle this structural form of slavery in co-operation with the central and state governments, the industry and local trade unions and NGOs.
The report received wide publicity, including though publications in the national Indian newspaper The Hindu and a globally published article by Reuters. Also various fashion websites published articles on the report and the global garment brand C&A responded. In the Netherlands parliamentary questions were raised after publication of the report.

Bayer's blood thinner also effective for artery disease

FILE PHOTO - The logo of Bayer AG is pictured at the Bayer Healthcare subgroup production plant in Wuppertal February 24, 2014.  REUTERS/Ina Fassbender/File Photo

 Wed Feb 8, 2017

Bayer's best-selling blood-thinning drug Xarelto has also proved effective in preventing heart attacks and strokes in patients suffering from certain types of artery disease, the company said on Wednesday.

The drug is approved to prevent strokes in patients with irregular heart beats and clots, among other uses, but to widen its use Bayer has been testing Xarelto on patients with coronary artery disease (CAD) or peripheral artery disease (PAD).

The trial involving 27,402 patients was due to end in early 2018 but Xarelto proved so effective it has been halted.

Independent safety monitors ruled that the drug's efficacy had been so evident, control patients in the trial who were only receiving aspirin should also be given Xarelto.
A complete data analysis is expected to be presented at an upcoming medical meeting in 2017, Bayer said.

Xarelto, in which Johnson & Johnson owns some rights, is approved for uses including prevention of strokes caused by atrial fibrillation, a type of irregular heart beat common among the elderly.

According to Bayer, the drug could potentially be used on 30 million patients with CAD and PAD, in addition to the roughly 25 million patients it sees in the atrial fibrillation market.

The company, which is buying seeds maker Monsanto, raised its annual peak sales potential estimate for the drug last year to more than 5 billion euros ($5.3 billion).

The pill generated 2.1 billion euros in sales for Bayer during the first nine months of 2016, up more than 30 percent from a year earlier.

(Reporting by Ludwig Burger; editing by David Clarke)

Constitutional reform to the fore again


by Jehan Perera- 

The constitutional reform process appeared to be on track with thepresentation of the report of the Public Representations Committee in Junelast year followed by the reports of the six parliamentary subcommittees inNovember.  However, time tables and road maps are necessarily contingent.Whether the time frames or the targets to meet are realistic will alsodepend on the actions of others and cannot be exactly predicted.  Thegovernment’s most ambitious reform project is the drafting of a newconstitution.  This could change the power balance between the differentbranches of government, the ethnic communities and between the governmentand people. 

It would hardly be cause for surprise if the time frame forconstitutional reform changes or the content of the envisaged reformsthemselves should be revised.The government’s original time frame for constitutional reform alsoincluded presentation of a draft constitution by the parliamentary steeringcommittee chaired by Prime Minister Ranil Wickremesinghe in December. 

Thisdid not happen and it appeared that the constitutional reform process hadhit a rough patch.  There were contrary statements issued by differentpolitical parties about their positions on various issues relevant to theconstitutional reform process.   These included the basic ones such aswhether the presidency was to be abolished or reformed, the electoralsystem to be changed to a mixed system that combined the presentproportional system with the previous first-past-the-post system, and thethorny issue of the degree of devolution of power.However, it appears that much work has in fact been done with the steeringcommittee meeting nearly fifty times under the leadership of the primeminister. 

This is a positive achievement as the steering committee iscomposed of all parties in parliament, including those members belonging tothe Joint Opposition who show opposition to the government on virtuallyevery matter.  It is to the credit of these parliamentarians that they havechosen to participate in the process of trying to design the framework forfuture governance in the country. 

The challenge would be to keep themtogether until the draft constitution is approved by parliament with therequisite 2/3 majority. The effort of the larger society and internationalcommunity needs to be devoted to this end.SEQUENCING REFORMThe Tamil National Alliance spokesperson MP Sumanthiran has said that theSteering Committee would meet again on February 7, 8 and 9. He said theinterim report was due to be submitted on December 10, last year. 

  "Ithas been delayed. Now there are concerns among some parties about it. Yetwe believe there will be a breakthrough," he said.   Referring to PresidentMaitripala Sirisena’s speech in Batticaloa recently, he said the Presidentsounded keen to proceed with the constitution making process.  Thepresident said his intention was to build a country in which allcommunities can live in peace and harmony and the government would do itspart to see that a war would not recur. The president added that theinitial activities in this regard would be completed within next few monthsdespite allegations by some groups.

Again, in his address to the people on Independence Day, PresidentMaithripala Sirisena reaffirmed the government’s commitment to take thereconciliation process to a successful conclusion if the country was todevelop socially and economically.  He said, "All of you know that toachieve those goals, it is necessary to strengthen the national as well asreligious reconciliation in the country. Specifically, I have to mentionthat we, as a government, have given priority in this regard." 

The publiccommitment of the president comes at a time when a special effort is beingmade by the UNP and SLFP to rebuild their confidence in each other andovercome difficulties.  During the recent past there were signs ofdeterioration in the relationship between the two parties which would havederailed the constitutional reform process.Former president Chandrika Kumaratunga, who was and remains a key figure inthe UNP-SLFP alliance, has also indicated the government’s commitment tothe constitutional reform process.  She said, "Reconciliation means alengthy activity. What is urgent now is to bring in a new constitution, andthen comes the establishment of the Office of the Missing Persons. Withthese in place, there would not be any necessity to have courts to probewar crimes."   Her conclusion regarding war crimes courts has led tocriticisms by human rights groups and sections of the Tamil polity. 

 Theissue could be posited better as one of sequencing, doing what is possibletoday and leaving more controversial matters to the future when the contextwould change.COLOMBIAN MODELIt is important to note that constitutional reform constitutes one of thefour pillars of transitional justice that is internationally accepted bothby the UN system and by scholars in the field as the roadmap toreconciliation. 

The other three pillars of the transitional justiceprocess are truth seeking, accountability (including special courts for warcrimes) and reparations.  The Office of Missing Persons would fall into thecategory of truth seeking.  Those who have their family members missingduring the war would give priority to ascertaining their fate.  The lawsetting up this mechanism was passed last year in Parliament but has yet tobe gazetted.  This is reported to be on account of resistance to it by thedefence authorities who fear that it will be used against them in warcrimes trials. 

This resistance will need to be overcome internally and notexternally.Unlike in the past eight years since 2009 there is unlikely to be the samedegree of international pressure on the government to compel it to takeaction that it deems to be unviable.  The international community is likelyto give the government the time and space it asks for to take forward thereconciliation process.  From 2009 onwards it was the United States thatwas in the forefront of UN Human Rights Council resolutions in Geneva thatsought to compel the government to adhere to international norms of humanrights. 

With President Donald Trump giving priority to national securityissues, even to the extent of justifying torture when it produces results,the leadership role of the United States vis a vis the UNHRC process inGeneva is likely to diminish leaving a void that only the Sri Lankangovernment’s commitment can fill.The model that Sri Lanka may wish to adapt at this time might be thereconciliation process followed in Colombia which earned for its presidentthe Nobel Peace Prize last year.  The armed conflict in Colombia lastedover fifty years and led to over 260,000 deaths.  The first peace agreementthat was signed in September 2016 was narrowly rejected by the people at areferendum.  There are parallel to the issues of controversy in the SriLankan reconciliation process where the focus of attention is on thegovernment forces and on the role of international judges. 

 The secondColombian agreement of November 2016 which was ratified by parliamentcontained provision of amnesty of those accused of minor crimes during thewar.  There will be no foreign judges but there will be internationalobservers in the Special Peace Jurisdiction, the justice system set up totry war crimes and crimes against humanity committed during the conflict,which will have a time frame of 10 years for transitional justice to beeffected.

DRACONIAN LAW PTA, CRIPPLES SRI LANKA’S RECONCILIATION HOPES



Image: Jeyakumari Balendran who was arrested under PTA in March 2014 (and released  on 10 March 2015 continue to be under police surveillance; Vikalpa photo)

Sri Lanka BriefRuki Fernando.-06/02/2017

In March 2014, my colleague, Father Praveen and I were arrested and detained under the Prevention of Terrorism Act by the Terrorist Investigation Department, under Sri Lanka’s authoritarian government of former president Mahinda Rajapakse.

Three months ago, under the new government whose slogan has been good governance and rule of law, I was briefly detained and interrogated at the airport while traveling to the United Kingdom for meetings related to human rights. More than two years after the new government came to power, the investigation against me and Father Praveen continues and we are still terrorist suspects.

Court orders restricting our freedom of expression, obtained in March 2014 by the state are still in place. Our electronic equipment, confiscated at that same time, has still not been returned. The investigation led to me being publicly discredited as a terrorist supporter. My parents and I will find it difficult to ever recover.

We were arrested while looking into the arrest of a large number of Tamils in north Sri Lanka, including Balendran Jeyakumary, the mother of a disappeared child, who had been a vocal campaigner against forced disappearances. Although Jeyakumary was conditionally released two months after President Maithripala Sirisena took office in January 2015, she was re-arrested a few months later and detained for about a week.

She was again summoned for intense interrogation in August 2016. She still must report to the police every month and must go to court regularly. She also faces social isolation, struggles to find work and has been compelled to keep her young daughter in a hostel. The arrest ruined her and her daughter’s life.

Continuing use of the Prevention of Terrorism Act

The United National Party and the Sri Lanka Freedom Party, the two parties that have ruled Sri Lanka since independence, have used the act to suppress dissent for decades.

In 2008, during the last phase of the war, the act was used to arrest, detain and convict Tamil journalist, J.S. Tissainayagam. In 2009, it was used to detain Christian activist, Santha Fernando. After the war, in 2013, it was again used to arrest and detain opposition Muslim politician, Azath Salley. These are a few better-known examples.

A coalition of the two main parties formed a government in 2015 and continued to use the terrorism act to arrest and detain people, mostly Tamils, albeit on less intense scale.

Some were abducted and later found to be detained. No one has been held accountable for these abductions, bringing into question whether the directives on arrest and detention by President Sirisena in June 2016 have had any impact.

The arrest and detention of Jeyakumary, Tissainayagam, Santha, Salley, as well as Father Praveen and I received national and international media coverage and we had the support of committed lawyers and activists as well as the diplomatic community.

I believe we were released, after periods ranging from few days to two years, due to that support. But people who didn’t get such attention, continue to languish in jail without charge. When they are charged, trials can take years.

In 2015, two Tamil mothers were acquitted after being detained for a total of 22 years. There has been no acknowledgement of their suffering, no apology and no compensation.

I have been told by detainees and lawyers that charges were framed and convictions obtained based on confessions made under duress, as the terrorism act allows such evidence to be admitted for trial. Most detainees I have met have been tortured. They have been scarred for life, mentally and physically.
Replacing the act but retaining its draconian features

Recently, I saw a leaked version of a draft policy and legal framework for the Counter Terrorism Act, that will replace the previous act. Like its predecessor, it contains many draconian clauses. It has vague and broad definitions that could infringe on free expression and activism and grants excessive powers to the police to detain people for long periods without judicial supervision.

The spirit and purpose of the old and new acts are similar: giving extreme powers to the executive, military and police in the name of preventing and countering terrorism, and disregarding life, liberty and dignity.

The previous act served as a license for enforced disappearances, arbitrary detention and torture. It removed lifesaving protections when they were most needed: within the first few hours and days of a person being arrested.

The new Counter Terrorism Act seeks to extend this license with a new label and face. No official information has been made available to Sri Lankan citizens about the replacement act either.

Sri Lanka’s international obligations and waning international interest

Numerous U.N. treaty bodies have pointed out the terrorism act’s incompatibility with Sri Lanka’s international obligations, most recently the Committee against Torture in December 2016.

For several years, the U.N. High Commissioner for Human Rights raised similar concerns. But at the same time, some U.N. officials appeared to be willing to ignore these concerns or place excessive confidence and faith in the Sri Lankan government. In a report released earlier this month, the European Commission said that Sri Lanka must ensure its counter-terrorism legislation is in line with international human rights conventions. But it still granted trade privileges to Sri Lanka assuming the “government has started a legislative process to replace the Prevention of Terrorism Act and is making good progress in releasing persons detained under it.”

This appears optimistic at best. While some detainees were released in 2015-2016, there have been many new arrests. Cases continue at a snail’s pace and even those released continue to be harassed. The terrorism act reform process is shrouded in secrecy, with the government appearing to consult the European Commission, U.N. and a few experts of their choice, instead of being transparent with the victims, their families and the Sri Lankan people.

Way forward

Repealing the Prevention of Terrorism Act and getting justice for detainees is a crucial element in forging reconciliation. How can we victims and our families talk of reconciliation if we are still being detained, investigated and face continuing restrictions?

How can we talk of reconciliation if there is no acknowledgement, no apology and no reparations? How can we believe guarantees of non-reoccurrence when the new government did not repeal the act for two years, when secret processes are underway to bring in similar laws, and persons continue to be abducted?

As a victim of the terrorism laws, what I think needs to be done is to ensure justice to all past and present detainees, repeal the legislation and, instead of focusing on equally draconian new anti-terror laws, focus on strengthening legal and institutional frameworks to combat crime and terrorism, while ensuring due process and protections.

The coming months could be crucial. The Council of Europe and the European Parliament must insist on the repeal of the terrorism act before enhanced trade status is granted. At the March session of the U.N. Human Rights Council, its member states and the U.N. High Commissioner for Human Rights must insist that the government fulfills its October 2015 commitment to repeal the Prevention of Terrorism Act in line with international standards. Both the U.N. and E.U. must stand for justice for terrorism detainees.

But what’s most needed is for the Sri Lankan people to recognize the injustices that have been done to their fellow citizens, brothers and sisters and express outrage about laws that infringe on their safety, freedom and dignity.

The president and prime minister must be transparent about efforts to bring in similar laws. Catholics and church leaders, the majority of whom have been silent, should be part of this, insisting that unjust laws are against the faith and that to justify them or be silent is a sin.

This article was first published at ucanews on 3rd Feb. 2017

The Sri Lankan war crimes swept under the carpet

Tony Abbott with then president Mahinda Rajapaksa during a 2013 visit to Sri Lanka. Photo: Getty Images

Tony Abbott with then president Mahinda Rajapaksa during a 2013 visit to Sri Lanka.


According to successive Sri Lankan governments the only war crimes committed during the country's long civil war, from July 1983 to May 2009, were those perpetrated by the Tamils; aggressive denial has defined their response.
The alienation of the minority Tamil population from the majority Sinhalese began in colonial times, when Britain sought to accentuate rivalries by favouring Tamils in administrative positions. After independence, when the Sinhala language was declared the official language, Tamils had restrictions imposed on their access to education, jobs in the public sector and professional bodies. A state-sanctioned pogrom against Tamils occurred in in 1983, and many Tamils fled Colombo and the south for the north. The notion of a separate state was born as the means of surviving Sinhalese chauvinism. A military force was established to protect these aims.
Hit-and-run tactics and suicide bombings eventually evolved into a full-scale civil war ending in 2009 with the massacre of 80,000 Tamil civilians and fighters known as the Tamil Tigers.
There were strong and sustained calls from the international community for crimes amounting to genocide to be investigated by an international tribunal, preferably the UN. To counter the aggressive propaganda of Sinhala nationalists, the calls for international action included the inclusion of war crimes committed by the Tamil Tigers. Governments in Australia have gone along with this in order to bolster their illegal policy of turning back asylum seekers arriving by boat. Returning asylum seekers and refugees to a place of danger attracts a strong legal sanction known as sur place, and in this instance makes Australia directly complicit in the crime of genocide.
The previous Rajapaksa government received support and assistance from Australia in prosecuting its policy of genocide against the Tamil population. An Australian Federal Police contingent is posted to the Australian High Commission in Colombo to assist the local police and navy stop boats. There are allegations that the AFP contingent is aware that Tamils returned illegally from Australian custody have been tortured in detention.
Australia supplied patrol boats to the Sri Lankan navy for the express purpose of turning back boats, despite it becoming public knowledge that President Mahinda Rajapaksa's brother, installed as minister for defence, was involved in the chain of people smuggling. On a visit to Sri Lanka in 2013, Tony Abbott, as Prime Minister, said that under certain circumstances torture could be justified, which was and remains an extraordinary statement.
As Foreign Minister, Bob Carr, referred to Tamil asylum seekers as economic migrants, despite all evidence to the contrary. His successor, Julie Bishop, has done the same. Australian governments have adopted the fiction that the minority Tamils were the aggressors in the civil war. Their position is that Sinhalese won the war, peace has been restored and the Tamils must accept it and get on with life; which consists of a military occupation of the north, confiscation of their land, desecration of their cemeteries, rape of the women and marginalisation from economic activity; all against a background of bribery, cruelty and corruption.
That is not the finding of the Peoples' Tribunal on Sri Lanka, which met in Bremen in 2013. It found that, "On the strength of the evidence presented, the tribunal reached the consensus ruling that the state of Sri Lanka is guilty of the crime of genocide against Eelam Tamils (Tamils from the north and east) and that the consequences of the genocide continue to the present day with ongoing acts of genocide against Eelam Tamils".
The tribunal determined that the following acts were committed by the government of Sri Lanka: killing members of the group; causing serious bodily or mental harm to members of the group and acting with the specific intent of destruction of a protected group. It also found that there was continuity of genocide through ongoing acts of genocide and that the state deliberately inflicted on the group conditions of life calculated to bring about its physical destruction in whole or in part.
The new government of President Maithripala Sirisena undertook in 2015 to allow an internationally supervised investigation into the massacre that took place at the end of the civil war. This undertaking followed a UN Human Rights Council resolution on September 24, 2015, calling for such an investigation.
However, responding to growing pressure from within Sri Lanka, Sirisena has pulled back from implementing the decision. Visiting Sri Lanka in March 2016, the UN Human Rights Commissioner, Zeid Ra 'ad al Hussein, said it was important the investigation took place, so that Sri Lanka could learn from its mistakes.
Australia has not pressed Sri Lanka to comply with the UN resolution, and indeed in August 2016, Immigration Minister Peter Dutton ordered the return of asylum seekers to Sri Lanka who had been trying to reach Australia by boat.
Bruce Haigh is a political commentator and former diplomat who served in Sri Lanka.