Why Sri Lanka Lagged Behind Other Asian Countries, And What Is The Way Out ?

By V. Thirunavukkarasu –February 18, 2017

V. Thirunavukkarasu

“We are far behind other Asian countries” lamented the Most Venerable Devaludena Gnanassira Mahanayake Thero of the Sri Lanka Amarapura Maha Nikaya in his Independence Day message. “This is the 69th Anniversary celebration. In retrospect, it is clear that we are far behind the other Asian countries who received Independence after our country, no matter who ruled the country within this period” is an extract of his statement.

Singapore, closer home, is a classic example. It is common knowledge that Singapore lagged far behind Sri Lanka in the early 1950s (then Ceylon) so much so that the late Singaporean leader, Lee Kuwan Yew was longing to “catch up with Ceylon” and in fact that was one of hi s election pledges then… Subsequently, Lee, having relinquished his long stint as Prime Minister, yet remained in the Cabinet as Minister Mentor for a few years. And, later, in his memoirs titled “From 3rd to 1st world”, released during is lifetime, he had occasion to remark that Sri Lanka got bogged down, having plunged into “turbulent waters” (to quote him) while conflicts kept arising with the introduction of Sinhala as the sole official language.

On the other hand, in the case of Japan , as is well known, it was devastated by the US bombing of Hiroshima and Nagasaki in 1945 in quick succession. But the Japanese, undeterred by that monumental disaster, rose from the ashes like the Pheonix and, by sheer determination and dint of hard work, rose eventually to become the second world economic power after the US. Of course, Japan has since been far outstripped by China, but that is another matter, given the vast strides made by China during the last few decades, to replace Japan.

Minister of Buddha Sasana and Minister of Justice, Wijeyadasa Rajapakshe, P.C, in his article headed “Independence in Restropect” (Daily News, 04.02.2017) adverts to the arrival of Prince Wijaya in the Island with 700 of his friends; and the narrative extends right up to the 69th Anniversary of Independence.. He then makes a passing reference to the non– implementation of the Bandaranaike-Chelvanayakam pact and the Dudley – Chelvanayakam pact due to “”various influences and interferences’”. He then proceeds to state as follows:-

“During the last 7 decades after Independence, our efforts to establish a peaceful State underpinned by sustainable development have been made inefficient and ineffective by the 30- year war and also by the insurrections in 1971 and 1987/88 we had to encounter.” ‘ .

Well, In the first place , the historical background or root cause of the war, the genesis of the LTTE etc. are seldom dispassionately or objectively analyzed by many a political analyst or commentator from the South, and then the abject failure of successive Governments to address the legitimate concerns of the Tamils constituting an integral part of country’s sovereign people, for equality and dignity with the right to substantive power-sharing. One has to remember that there was no demand for a separate State for well nigh 2 decades even after the Tamils felt isolated and sidelined by the Sinhala Only Act, Bandaranaike, having jettisoned his own founding manifesto of the SLFP , providing for Sinhala and Tamil as official languages..

It is on record that Sir John Kotelawala, the then Prime Minister, on his visit to Jaffna before the 1956 general elections, held out a promise to make Sinhala and Tamil the country’s official languages. Thereupon, stiff opposition surfaced in the South, and the UNP changed course to Sinhala only. Thereupon, S.W.R.D. Bandaranaike made a long jump to enthrone, “Sinhala only within 24 hours”, as the battle cry to face the 1956 elections. Of course, Bandaranaike carried the day, and soon introduced the “Sinhala Only” Bill in Parliament. During the debate on the bill, he dismissed not only the arguments advanced by Tamil Parliamentarians that the bill would constitute an infringement of section 29 of the then Soulbury Constitution, but also the strong opposition to the bill expressed by the then Left leaders that it would ignite a future demand by the Tamils for a separate state, as encapsulated in the oft-repeated slogan “Two languages – one nation; one language – two nations or two bleeding halves” as stridently articulated by Colvin. R. De Silva.

The BC pact, though it fell rather short of meeting the concerns of the Tamils, was nevertheless, a half-way house which Chelvanayagam subscribed to. However, Bandaranaike dilly- dallied over its implementation for well over 1 year on the pretext of explaining the pact to the Sinhala people, leaving room for; say, J.R.Jayewardene to launch the ‘Pada Yatra’ to Kandy, buttressed by the Buddhist Clergy; some 400 of them converged on Bandaranaike’s Rosmead Place residence and virtually intimidated Bandaranaike into tearing the BC pact to shreds. It was again a similar fate that befell the Dudley-Chelvanayagam pact which Dudley abrogated in 1965, having caved in to the opposition that arose in the South.

Originally, all peaceful agitational campaigns launched by the Tamil leaders were crushed by the State, commencing with the then Prime Minister, Mrs. Sirimavo Bandaranaike deploying the Army to Jaffna to break up the Satyagraha campaign launched opposite the Jaffna Kachcheri in 1961 by the Tamil leaders (of the Federal Party) who were then arrested and locked up in the Panagoda Army cantonment..

Now, as we celebrate the 69th anniversary of Independence from colonial rule, it is appropriate to dwell, if briefly, on the role played by the Jaffna Youth Congress (JYC) pioneered in the late 1920s by that distinguished educationist, Handy Perinpanayagam. The JYC had, in its fold, a galaxy of distinguished educationalists of the caliber of Orator Subramaniam, Swamy Vipulananda , A.S.Kanagarathnam, K. Nesiah and Left leaders such as P.Nagalingam, ex- Senator, Jeyam Tharmakulasingham, et al. Almost all the Southern Leaders of all hues were invited by the JYC to grace their annual sessions. . The JYC strove untiringly for national unity,,for bilingualism and, last but not least, to eradicate caste discrimination etc .,in the North.

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‘I am a failure’ say IGP – Orders police officers to meditate to overcome depression..

(Lanka-e-News- 17.Feb.2017, 11.30) IGP Poojitha Jayasundara who ever since the day he was appointed has been indulging in histrionics and clownish acts yesterday hurtled down into a ‘depression melodrama’ , based on a most intriguing report reaching Lanka e news.

Poojitha who is possessed of a  maniacal  obsession to hold time consuming conferences convened a conference of DIG’s yesterday (15) which went on from 9.00 a.m. until 2.00 in the afternoon. He began by saying ‘I have now understood that I have failed as an  IGP’ when   addressing the conference .The DIGs who listened to this next hoped him to say, ‘ I have decided to resign the IGP post’.

Lo and behold ! instead of saying that , Poojitha had uttered  , he was a failure because of his indiscretions, and that was the result of his depression . and in  order to get over it , all must engage in Maithri meditation and perform ‘aanaa paanaa’ weekly meditation every day. Thereafter he had spent a long time to explain how these meditations shall be performed , and delivered  long sermons. ( It is worthy of mention Poojitha in the cubicle of his house where he worships , there is not one but about 100 Buddha statues in a ‘queue’ )

Poojitha who is by now known widely for his eccentricity (koloma) has instructed , officers of all police stations under the DIGs across the country should first thing in the morning at 8.00 a.m.  perform the weekly ‘aanaa paanaa’ meditation for five minutes every day followed by the Maithri meditation  before commencing work.

However at the end of his sermon , he has not forgotten ‘Lanka e news’. He had looking at the DIGs through the corner of his eye remarked ‘ now this will be conveyed to e news , and I will be lambasted’ .

Thereafter , last morning (16) , he had phoned all the DIGs and inquired whether his meditation program was conducted .

No matter what , the myopic IGP by issuing  this ‘depression mania’ meditation order among the police which is not a religious place has stirred up a hornet’s nest , and unwarranted grave issues because a large number of officers of other religions are in the police. 

A high rung police officer speaking to Lanka e news said , it is not every police officer who suffers from depression , and such instances are rare . As IGP if he  is truly seeking to resolve this issue , what he should do is diminish the work burdens, and towards that he should introduce state of the art technologies to the stations instead of issuing orders to perform meditation supported by  cock and bull stories.
 
 ‘If we start meditating in the way the IGP wishes , and if we all attain ‘rahat’ (spiritual elevation) , there won’t  be a police department . No doubt these moves  are part of IGP’s  characteristic eccentricity ’ another senior police officer said with a hearty laugh when speaking to Lanka e news.

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by     (2017-02-17 23:06:41)

SRI LANKA: 3 ARMY MEN ARRESTED OVER JOURNALIST KEITH NOYAR ABDUCTION IN 2008 (UPDATED)

Image: Editor Sri Lanka Brief, then FMM convener speaking to press during the protest calling for speedy impartial instigation in to abduction and assault of  Keith Noyar.-Media organisations pretested in Colombo calling for proper investigation in to Keith N abduction ( FMM photo)

Keith Noyahr and ‘The Last King of Mihinland’(May 25, 2008)

18/02/2017

Sri Lanka’s police made a breakthrough Saturday in their investigations in to the abduction of journalist Keith Noyar by arresting three military personnel, including an officer holding the rank of major reports Economy Next.

Police headquarters in a statement hhas said the three military personnel were arrested in connection with the May 2008 abduction of Noyar, a then deputy editor of the Nation weekly.

The three men, all serving military personnel, were being questioned by the police and they were due to be taken before the Mount Lavinia magistrate later Saturday, the statement said.

Military spokesman Brigadier Roshan Seneviratne had confirmed that the trio were still in the service.

Day after the abduction and assault of journalist Keith Noyar the Free Media Movement issues a following statement, which provides the context and  the seriousness of the incident.

Free Media Movement

Media organisations pretested in Colombo calling for proper investigation in to Keith N abduction ( FMM photo)

Senior journalist and Deputy Editor abducted and severely beaten

23^rd May 2008, Colombo, Sri Lanka: The Free Media Movement (FMM) expresses shock and outrage that Keith Noyahr, Deputy Editor and Defense analyst of the English weekly The Nation was abducted late evening yesterday returned home early this morning, after enduring severe physical harm.

Keith left his office around 10.30pm last night but never reached home.  His vehicle was found in front of his house, lights and engine running.  It was apparent that he had been abducted when he turned his car towards the gate and got down to open the gate.

There is no other reason for this latest attack against a journalist than his independent writing and analysis of the war in the North, if that is reason at all.  His reporting was critical of high-ranking military officers and the Government’s approach to and conduct of the war. According to family sources the FMM learns that threats directed against him had forced him to take precautionary measures.

This is not just a violation of the freedom of expression and another significant blow to media freedom. It proves, as if more proof was needed, that Sri Lanka is very far from a country that protects fundamental rights and is governed by the rule of law.

The Nation newspaper group and press freedom organizations joined together in a strong campaign for his safe release within hours of his abduction and were active the entire night until his return home.

The FMM unequivocally condemns this heinous act and demand an immediate inquiry from the Government.  The only way the Government can clear its hand from this barbaric act is to bring the culprits to the book, urgently and through an open investigation. Until such time culprits are brought to book, the FMM holds the Government responsible for abduction and assault of journalist Keith Noyahr, noting that it has done little or nothing to stop the violation of media freedom and attacks against journalists in Sri Lanka.

The FMM takes this opportunity to thank all the persons and institutions who joined us in facilitating Keith Noyahr’s return home.

The end.

Attack on Noyahr: Three army men remanded, shocking details emerge

Criminal Investigation Detectives yesterday arrested an Army officer and two Sergeants over the May 2008 attack on journalist Keith Noyahr. The arrests came after the trio were summoned to CID headquarters on Friday and interrogated. The trio are Major Prabath Bulathwatte, Sergeant Duminda Weeraratne and Sergeant Hemachandra Perera. The formal arrests were made yesterday after interrogation overnight. Two more soldiers from the Army’s Military Intelligence are now being interrogated.

Probing the case was a CID Task Force that has been investigating a string of incidents – murders, abductions and assaults on media personalities. They included the killing of Sunday Leader Editor Lasantha Wickremetunga, the disappearance of Lanka E-news journalist Prageeth Ekneligoda and the attack on Rivira Editor Upali Tennekoon.

The three suspects were produced before the Additional Magistrate A.T.N. Fernando at her residence yesterday by Inspector Nishantha Silva. He told the Magistrate that the evidence collected through mobile phone records corroborated the accounts given to CID detectives by witnesses including family members. He also told the Magistrate that Mr Noyahr, then Associate Editor of the Nation and now domiciled in Australia, was followed for hours by his abductors before he was seized from his Dehiwala residence.

Inspector Silva said that the suspects had taken Mr. Noyahr to a Military Intelligence hideout in Dompe and tortured him. They had wanted to know the sources of the stories he had revealed in his newspaper. He said the suspects had planned to kill Mr. Noyahr but had brought him back to a location near his home after a telephone call came from a VIP.

Counsel who represented the three Army personnel submitted that their clients were being politically victimised since Mr. Noyahr was not even in the country to testify. They said their clients should be produced in courts so they will receive a fair hearing. Additional Magistrate remanded the suspects till March 3 but directed the CID that they be produced in Courts on February 23 in keeping with the request by the counsel.

CID sources said the three suspects were all members of a secret military intelligence platoon operating out of a camp at the Tripoli market in Maradana during the previous regime. A further three suspects are now being interrogated at the CID headquarters over this incident and other attacks. CID sources said more arrests were to follow.

Military spokesman Brigadier Roshan Seneviratne confirmed to the Sunday Times that the Army Major and two others had been arrested. He said all three were attached to Military Intelligence. He said the Army would render any assistance the Police would seek on the matter.
Sunday Times

That unholy fracas over a judicial appointment

Sunday, February 19, 2017

Heated controversy surrounding the recent appointment of a Batticoloa lawyer as a Northern High Court judge by President Maithripala Sirisena raises a fundamental point of contention. Even on the most innocent of explanations, ‘leaders of the Bar’ must refrain from putting themselves into situations where a disturbing lack of clarity arises in regard to precisely where the formal role of the Bar Association of Sri Lanka (BASL) ends and where individual identities as legal professionals begin.

Unfortunate context of these questions

This problem surfaced in public after the BASL was challenged by the Judicial Services Association (JSA) to disclose exactly what part the Bar played in that appointment. This was on the basis that the BASL had no business to be informally lobbying without the seal of its executive body, either per se or on behalf of another interested party, for a particular judge to be appointed.

The JSA had asked this question after both the Chief Justice who is the head of the Judicial Service Commission (JSC) which is constitutionally vested with the duty of recommending appointees to the High Court and the President had justified the appointment of this High Court judge as due to a request made by BASL.

It is unfortunate that this question as to the manner and process of interventions of the unofficial (private) Bar into judicial appointments had to surface in adversarial circumstances which has put this particular judge, who was by all accounts a competent professional, into the centre of the storm. However, it is useless for the BASL or others to thunder that the process of judicial appointment in this case has been politicized when the behaviour of its responsible officers has been monumentally indiscreet, even to the charitable mind.

Bemused and bewildered onlookers

In terms of the relevant constitutional provision (Article 111(2)), the Bar is given absolutely no role to play in the appointment of High Court judges. The JSC is only obliged to consult the Attorney General when recommending an individual for appointment. Accordingly even those explanations offered by the Chief Justice and the President that the appointment was made on the request of the BASL do not pass muster in terms of the law.

Even so, the question goes further. The JSA’s objections had been based on several factors. First the JSA was perturbed that neither the Bar Council nor the Executive Committee had been apprised of the support extended by BASL for the appointment, to all intents and purposes.

Secondly, the JSA had been informed by the Minister of Justice that ‘some elements’ in BASL had supported this appointment on the request of what was referred to as ‘a certain political party.’ For bemused and bewildered onlookers watching this drama, it became apparent only later that this reference was to the Tamil National Alliance (TNA), when the TNA took upon itself to vehemently deny that charge.

But the BASL’s response to the JSA, given its flippant nature, only made the situation worse. Its Secretary’s letter, released to the public by civil action groups this week, explained that the incumbent President of the Bar Association had forwarded a letter by the Batticaloa Bar supporting the appointment of this particular Batticoloa lawyer as a High Court judge to President Maithripala Sirisena. This was given the pancity of Tamil speaking judges in those provinces.

The ‘recommendation’ that never was

However, what is considerably intriguing is the last paragraph of that letter which is garbled. The first part of the paragraph refers to past practice of ‘consultations between the executive and the leaders of the Bar,’ where appointments have been made (to the judiciary) from the private Bar. However that part contradicts the last part of that very paragraph where it is said that ‘in the history of the Association, the Bar Council and the Executive Committee have not considered recommendations for judicial appointments.’

So in other words, the inference is that when the President of the Bar Association formally forwards a request regarding the appointment of a particular judge (presumably on the letterhead of the Association) to the President of the country, he or she is doing so as a ‘leader of the Bar’ and not as the ‘President of BASL”? This appears to be a distinction without a difference.

Hence we have the natural confusion of both the Chief Justice and the President who had apparently succumbed to the understanding that the BASL had formally approved what amounted to a ‘recommendation’ for judicial appointment.

Further twists in the tale

In addition, the BASL Secretary’s letter to the JSA fails to mention twists in the tale which came from the President himself when, speaking at the National Law Conference. In media reports that have not been denied, the President had adverted to the fact that the support of BASL for this appointment had not stopped at merely forwarding a letter.

Instead, and after he had not responded favourably to that request, he had been visited by a delegation of the Association. Apparently it was only following that visit that the President had gone ahead. That President Sirisena pleaded mea culpa in giving into that pressure underscores the impossible position that he was put in. But all this is omitted from the BASL letter. So one is confronted with the question as to who is engaging in a ‘terminological inexactitude’ as Winston Churchill classically described, decades ago. Or in other words and to be brutally clear, who is lying or at best obfuscating?

Opaque practices need to be remedied

Certainly these are opaque and unsatisfying practices that need to be remedied if the Bar is to conform to those norms of good governance that it so loudly espouses. It is to no avail to ponder the virtues of a new Constitution or quote Dicey on the Rule of Law in one donor supported discussion after another, if basics are not adhered to in the first place.

Indeed, Sri Lanka may well learn from the fascinating real life drama of democratic checks and balances being played out now in the United States where, at least for the moment, an aggrandizing US President has been checked by the courts amidst wickedly satirical humor. Outstandingly principled positions have been taken by lawyers, academics and judges themselves.

This is no doubt, eminently illustrative for us.

Wolves guarding sheep: Sri Lanka’s witness “protection” authority

Feb 17, 2017

Witness protection is a vital component of any judicial process in which there is a high risk of reprisals against those giving evidence. In Sri Lanka, the unreformed nature of the security forces (the target of many allegations) and the culture of impunity they enjoy, place a premium on institutions that can effectively deliver it.

Following decades of harassment, threats and violence against witnesses in key cases, the passing of a Witness Protection Act in March 2015 offered hope for a framework that would allow individuals to testify freely and safely. Unfortunately however, that hope has not been realized. Indeed, the outcome of the legislation – whose weaknesses were well documented following its passage through parliament – has been even worse than many of its critics had predicted.

Why? Because the body which it established, the National Authority for the Protection of Victims of Crime and Witnesses, is today overrun by the very individuals whom it was designed to protect against. As a report earlier this week by the International Truth and Justice Project (ITJP) finds, there are grave concerns about at least three of the ten members that have been appointed to date: Nandanda Munasinghe, Suhada Gamlath and Yasantha Kodagoda.

These concerns include allegations against them ranging from complicity in torture, threats against detainees, as well as judicial interference, obstruction and cover ups in serious human rights abuse cases. The report further notes that all of these individuals, as well as another, Ashoka Wijethilake, held positions of responsibility in government agencies implicated in past abuses by the state. While, a comprehensive overview can be found in the full ITJP report, available here, we list some of the key concerns relating to them below.

The implications of the latest report are crystal clear: the government of Sri Lanka must immediately remove these individuals from the Witness Protection Authority and revise the Witness Protection Act if it is deliver on its commitment to a credible safeguarding system – a promise made to all Sri Lankans as part of UN Human Rights Council Resolution 30/1 in October 2015. Unless this key institutional bedrock is strengthened, Sri Lanka’s judicial process – as well as its promised Truth Commission, Office of Missing Persons and a special court – will remain castles built on sand, with potentially grave consequences for those who speak up before them.

Nandana Munasinghe

Former Terrorism Investigation Division (TID) director; latterly Director of the Criminal Investigation Department (CID) in 2009 and 2010. Named in 2007 report of the UN Special Rapporteur on Torture as an alleged perpetrator of torture meriting investigation. Reportedly threatened detained journalist JS Tissainayagam during his detention in custody.

Suhada Gamlath

Second in seniority to the Attorney General, whose role is that of chief legal adviser to the security forces and police. Previously Commissioner General for Rehabilitation (2006-2009) with responsibility for conflict surrendees and the system of mass detention under which they were held. The ITJP report contains evidence from 14 witnesses who describe torture in multiple camps under his responsibility. Alleged political interference in the ACF killings case.

Yasantha Kodagoda

Alleged role in delaying investigations, or failing to investigate, thousands of cases referred by the All Island Commission on Disappearances (1998-2000) and the Udalagama Commission of Inquiry (2007-2008).  According to another source,reported to have “aggressively cross examined the witnesses who came before the [Udalagama] Commission, in a vigorous attempt to protect state agents against whom these witnesses were giving evidence”. Attempted to deflect well-evidenced state complicity in the ACF killings during closed hearings in 2007.

SRI LANKA: Letter to the JSC by the Asian Human Rights Commission

17th February 2017

Mr Pradeep Jayatilake
Secretary
Judicial Service Commission
Hulftsdorp St,
Colombo 12,
Sri Lanka

Dear Mr Jayatilake,

Letter to the JSC by the Asian Human Rights Commission 
Over five years of investigation into a baseless and malicious allegation against a District Judge, (now retired) Mr B. A. R Somasinghe

I am writing to you on behalf of the Asian Human Rights Commission, which has looked into the complaint by (retired) District Court Judge and Magistrate Mr. B A R Somasinghe, about his victimisation due to a baseless and a malicious allegation investigated by the Commission on Bribery and Corruption for over five years. Due to the allegation against Mr. Somasinghe, he has lost his chances for promotion as a High Court Judge and has been exposed to humiliation for no fault on his part. He has also stated that the Judicial Service Commission has been duly informed about the falsity of these allegations and about the completely unreasonable delay in concluding the inquiry into this matter. He also complains that your Judicial Service Commission has not done anything to protect him, nor to ensure an inquiry within a reasonable time. The said Bribery Commission summoned him on 22.11. 2012 to submit certain documents, which he has done; to-date however, this so called inquiry has not been concluded. Although Mr. Somasinghe has repeatedly requested for a conclusion of the inquiry, his requests have not been met.

Meanwhile, the Judicial Services Commission has suspended Mr. Somasinghe’s annual increments since 2013, pending the conclusion of the inquiry by the Bribery Commission. It was only in 12.10. 2016 that he was informed that his annual increments have been allowed.

Furthermore, Mr. Somasinghe has reached the age of retirement. As the second most senior District Court judge in service, he had the possibility of being promoted to a High Court Judge. However, under the pretext of an inquiry against him, he has been deprived of the reasonable pursuit of his career. According to Mr. Somasinghe, he has been verbally informed that he could not be considered for such promotions to the High Court, due to the failure of the bribery commission to conclude the inquiry against him. Despite several letters written by him, the Judicial Services Commission has failed to intervene in the matter.

Mr. Somasinghe has also stated that the inquiry was initiated on an anonymous complaint, which in his view was filed without any basis, but as a retaliation against a judgment delivered in his capacity as a District Court judge and magistrate of Moratuwa, regarding some church property. As the judge, he gave his judgment based on the law, as required to do so. He had been made aware that a lawyer who was a witness in the case had openly stated that he will ensure that the judge who gave this judgment would be removed from his job.

Further, Mr. Somasinghe has also stated that he was called by former Chief Justice Mohan Peiris and asked to resign from his job on his own accord, which he refused, stating that if there were any allegations against him, the Chief Justice could initiate an inquiry. He then legitimately requested for a proper inquiry by the Judicial Service Commission before any action was to be taken against him. However, the actions against him relating to his increments and promotions were taken without any such inquiry.

There are many issues relating to law, human rights and proper administration of law in Sri Lanka arising out of the matters mentioned above. Undue delay in concluding the alleged inquiry by the Bribery Commission amounts to violation of civil and political rights guaranteed under the International Covenant on Civil and Political Rights, of which Sri Lanka is a signatory. Sri Lanka has also signed the Optional Protocol to the said Convention, under Section 5.2 of which undue delay in dealing with any inquiry against a person amounts to a violation of his human rights.

In the case of Sundaraarachchige Lalith Rajapakse v. Sri Lanka [CCPR/C/87/D/1250/2004 - 26 July 2006; CCPR/C/83/D/1250/2004], the United Nation’s Human Rights Committee held that failure to deal with his complaint expeditiously amounted to a violation of the Petitioner’s rights. Delay in that case at the time of the decision on this Communication was about three years. The United Nation’s Human Rights Committee further confirmed this in the final view expressed by it on the above-mentioned Communication on 5th September 2006.

The principle thus enunciated by the United Nation’s Human Rights Committee is of fundamental importance relating to the protection of persons. While it is the duty of the state to inquire into complaints against anyone including judges, it is the duty of the investigating and adjudicating authorities to conclude such inquiries within a reasonable time and particularly without undue delay.

This is particularly so when actions are being taken in the light of an inquiry relating to the increments and promotions of the affected persons, who in this case is a senior District Court Judge. It is the right of every citizen to have any allegations against them investigated without undue delay. If the complaint proves to be substantial and backed by evidence, the person should then be promptly prosecuted, and if the allegation is found to be fictitious and without any substance, the person should be promptly exonerated.

It is also the right of any citizen to be protected from false and malicious complaints, which can be very damaging. It is relevant here to consider that in this case, the victim of the malicious complaint is a District Court judge. The very nature of being a judge places him in a vulnerable position, as persons who are dissatisfied with his judgement are likely to take an antagonistic position him. Therefore, reasonable caution should be exercised in weighing such allegations and taking any actions based on them. In the case of The Hon. Attorney General v. M Suresh Gunasena and five others, [SC/SPL/LA/No 259/2012], the Supreme Court held that a preliminary inquiry could have disposed of any suspicion against the victim, and therefore further arrest and other actions that were taken were completely unreasonable. (The Views of the UN Human Rights Committee is attached.)

Judges have an enormous role in protecting the rule of law framework within a country. For this reason, it is also necessary to ensure their protection. This does not mean that allegations against judges should not be inquired into, but that no inquiry should be undertaken frivolously, and that any inquiry should be concluded within a reasonable period.

The Judicial Service Commission should therefore have taken steps to ensure whether the allegation against the said judge was justified, as there is reason to suspect that the complaint was frivolous and malicious. The Commission should have insisted that the investigation conducted by the Bribery Commission be concluded within a reasonable time, as undue delay is a basic violation of the International Covenant of Civil and Political Rights and its Protocols. Five years is clearly too long to conduct an inquiry, and is a violation of the rights of any individual, particularly when the individual happens to be a judge whose reputation is integral to the confidence the people place in the judiciary itself.

It appears in this case that the delay in concluding the inquiry and the actions to stop his increments and promotions amount to a persecution of the judge, rather than a legitimate inquiry with the intent of prosecution.

As a judge holding a position where his good name and reputation is part of his professional integrity, the affected District judge in this case has a right to expect that he be exonerated with due publicity and compensation for all the damage that has been done to him.

It is also essential to look into the role of the complainant in the case of malicious complaints and the role of the former Chief Justice Mohan Peiris, who attempted to force Mr. Somasinghe to resign while refusing to conduct any inquiry. Other judges have made such complaints in the past. If the practice of exerting pressure on judges to resign without any basis is prevalent within the Judicial Service Commission, it is a matter of serious public concern. Such a practice is detrimental to the rule of law and the independence of judges. The rule of law and the independence of judges are important parts of the foundation of the legal system of Sri Lanka.

Given the seriousness of all these matters, we respectfully request you to consider as a matter of your responsibility, to clear the name of Mr. Somasinghe and grant him all that was his due, including his right for promotion. We are of the view that in such matters the Judicial Service Commission owes a public apology to safeguard public confidence in the judiciary.

Yours Sincerely,

“We’ll create people’s movement that could come to power in 2020”

February 18, 2017

“It is very clear that both these groups cannot administer this country. We have to create a new political movement for 2020. We, as the JVP has taken the initiative for creating such a movement. We would create the people’s movement that could get power in 2020. Give us power. We would take this country on a new direction,” says the Information Secretary of the JVP Vijitha Herath.
He said this participating in a meeting held during the Matara District coordinating week held from the 16th to the 19th of this month.
Speaking further Mr. Herath said, “All economic portfolios were shared in the family. The victory of the nation was made a victory for the family. The sons sold national resources and organized car races around the Temple of the Tooth to destroy our culture. As the war was won the majority of the people initially tolerated the cussed acts. However, people couldn’t endure forever. As such, majority of the people in this country including members of the SLFP, UNP, the Sinhalese, Muslims and Tamils took measures to defeat the despotic regime and formed a new administration.
This is the new administration that began on 8th January, 2015. When this new administration came to power were given a big bag of promises. There were big talks about politics, economics and democracy. Of course, there were small concessions. The dictatorial executive power, according to J.R. Jayawardene that was so powerful that what it couldn’t only do was to change a man to a woman and vice versa, was slightly relaxed. This is the important change we achieved after 8th January, 2015. Despite there were little changes, what started happening later were not how the country was promised.
You remember that the main allegations against Rajapaksa regime were theft, fraud, corruption and waste. What the new administration said was on one hand they would punish the thieves, fraudsters and the corrupt and on the other they would completely stop thieving, frauds, corruption and waste.
People who opposed thieving, frauds, corruption and waste believed the new administration would fulfil their promises. However, what occurred was entirely opposite to people’s expectations. The administration was changed on 8th January and on 28th February the biggest Central Bank bond scam, the biggest in the history of our country, was committed.
Mr. Wickremesinghe’s promise of halting corruption went in smoke. Arjun Mahendran, his best disciple was made the Governor of Central Bank and was involved in the Central Bank bond scam that incurred the country a loss of Rs. 55000 million.
The trust that was in the government broke down completely. Now thieving, fraud and corruption has spread like an infectious disease. There is waste everywhere. A building rented out by the Ministry of Agriculture paying more than Rs.20 million a month has been closed down for months without it being used. However, there is a big building for the Ministry near the parliament. Already Rs.820 million has been paid as rent. At the end of five years the ministry would have paid more than Rs. 2400 million.
Farmers throughout the island are suffering due to the drought. They were not paid a single cent as relief. However, the government wastes public money for unnecessary projects.
This administration cannot be called ‘good governance’ as there are thieves in this administration as well. No thieves were punished but frauds and corruption continues. Youths were promised jobs but nothing has happened.
Both these groups have administered the country and have proved they cannot do anything good for the country. The country cannot progress under them. Hence, we should create a new political movement for 2020. We, as the JVP has taken the initiative for creating such a movement. We would create the people’s movement that could get power in 2020. Give us power. We would take this country on a new direction,” said Mr. Vijitha Herath.

Delightfully imperfect?

A foreign national passing through the Colombo Private Bus Terminal on the day of a private bus strike– Pic by Shehan Gunasekara

18 February 2017

• “Forty-year-old Mrs. Doreen Kulandivelu was returning home to Pandiruppu from school where she was a principal when her trailing saree became entangled in the rear wheel of her motorcycle. She fell from the motorcycle and was injured. Passers-by dispatched her in a three wheeler to hospital at nearby Kalmunai. Halfway there however the three wheeler engine failed and she was transferred to another three wheeler. The engine of that one also stalled a few miles from the hospital. 
• “As her condition worsened she was put in a passing car and admitted to the hospital. But the doctors there decided to transfer her by ambulance to a larger hospital at the main town of Batticaloa. The ambulance, which was said to be travelling at high speed with its sirens on, collided head on with a van coming in the opposite direction. Five persons, including the ambulance driver and two medical staff were seriously injured and all, including Mrs. Kulandivelu, were transferred to another vehicle. Upon arrival at the Batticaloa Hospital Mrs. Kulandivelu was found to be dead.” 
• – ‘Delightfully Imperfect,’ Paul Harris

Paul Harris is a British journalist who was ordered out of Sri Lanka in 2001-02. The reasons for his forced departure are clouded in controversy. Strangely, according to Harris, his strong anti-LTTE line was one of the reasons for the sudden withdrawal of the welcome.

In the short period he was here Harris was productive, writing several books, reports and newspaper articles on the country. In Colombo, Harris was based mainly at the Galle Face Hotel –the inspiration for the title of his book – ‘Delightfully Imperfect’.

In this book, Harris, in addition to the main theme – the Galle Face Hotel – also describes his experiences in the country, including news items taken from the local newspapers; the tragic story of the School Principal Mrs. Kulandivelu, being one. He has taken the above narration from the Sunday Observer.

Although adopting a factual, unsentimental style, Harris nevertheless scores his points with effect, drawing our attention to a national reality; a repeating theme of predicament and ineffectual response-the challenge and the incompetence of the challenged, the vast gap between the rhetoric and delivery.

What we are inured to, foreign eyes see differently, see us from without; a collective existence bordering on the tragicomic, the whole of which we are irretrievably constituent parts. 

Did Mrs. Kulandivelu have to die in that way? Where does the blame for the tragedy lie?

The chaos and the lack of civility evident on our roads; blaring of horns, the belching of heavy vehicles, the mayhem of the tuk-tuks, the indiscipline of the pedestrians; this is the road culture we live with, and the only one we know.

Deplorable situation on our roads

I recently met an expatriate who has lived here for some years. In the course of our conversation we came to the deplorable situation on our roads. He had worked in several Asian countries before, in urban monstrosities such as Jakarta, Manila and Dacca. By their sheer size, population and traffic these humongous cities reduce us to insignificance and consequently make most of our urban problems seem smaller and arguably easier to manage.

But we have failed to do that.

“In these huge cities, a few kilometres can take several hours; the roads simply cannot take the volume of vehicles. Colombo, on the other hand, has a small city atmosphere but yet it is a big mess. People here give the impression that roads with vehicles on them are a novelty. The way they behave behind a wheel, they could well be taking a stroll on a village green, in any way they fancy. No allowance is made for other road users. It seems their minds cannot process the complexities that arise when there are other vehicles nor acquire the discipline that is essential in the situation.

“The driver only has his vehicle and his destination in mind, anything else on the road is immaterial, he simply does not care. I rarely see a driver allowing another to get into a lane or giving way to another here. They just keep nudging forward, even inch by inch, in an ugly attempt to get ahead. And this is a nation which in everything else is so slow and laid back! Where are they rushing to? Rush or no rush, they always come late!” 

Who are the worst drivers?

Although it was embarrassing to hear such an opinion I really could not dispute his assessment of the culture of our roads. Perhaps blame need not fall on all drivers equally, so I inquired: “In your opinion, who are the worse drivers?”

He replied promptly: “No doubt the prize for the worse should go to the bus drivers. They act as if the roads have been created for them to make money. Nothing else matters. Actually the bus drivers diminish the quality of the country; to think that these chaps who are said to be providing a public utility can behave in this manner on the road is disgusting.

“The second on the list are the tuk-tuk drivers and the motorcyclists. I agree it is difficult to assume a personal dignity when hunched down inside a tuk-tuk. That pose probably distorts the way they view the world, scavenging has becomes an acceptable occupation. They drive in the most juvenile manner. Fairness in not something they are familiar with. Overtaking from every side, jumping the line, cutting across your path is routine, part of the monkey-game.

“Whenever I come across a bus or a tuk-tuk driver I take a good look. There is a certain commonality about them, a suggestion of unreliability – children in adult bodies? With your familiarity with all this you may see them differently, without differentiation, but to my foreign eyes there is a dubious quality.”

“Who are the other obvious culprits?” I asked

He paused: “I would say that those who drive the big cars, limousines and four-wheel drive vehicles of these Third World elites, are also generally rude; horning, flashing their lights impatiently, cutting across and not keeping to a lane and so on. Maybe they feel important; assess themselves high in the local hierarchy, either financially or socially; and this is their announcement of that assessment. Funny thing is, often the vehicle is driven by the driver, the ‘Sir’ or ‘Madam’ is seated behind.

“When you count all the bus, lorry, van, taxi, three wheel, State sector, forces, private sector and those who drive for individual employers, it seems to me that driving must be the occupation of at least half a million Sri Lankans. Their job, particularly those who drive individuals, is to transport other ‘bodies’ to their destination, something the passengers can do themselves. It is not a very productive or creative occupation. In Sri Lanka, a chauffeur-driven car is seen as an easily-acquired status symbol. There must be something wrong with your education system that this is the only skill these drivers have learnt or find in such a dulling occupation a good way to earn a livelihood. I think it is a mark of a poor society, poor not only in terms of money; going nowhere.

“The last in the categories of bad drivers, perhaps the least offensive, are those who drive small cars. I assume these are people who have recently acquired a car and really do not understand the road. It is funny to watch them tackling road situations, clueless, yet selfish, is how I would describe their driving. The blame here should go to the licensing authorities. But then this is Sri Lanka!”

As much as I wished to challenge this rather dim description of our roads, reality denied me an effective response. What the expatriate expressed is demonstrated every day, on every road. To a foreigner, our roads may be a subject of ‘delightful’ humour, but to us who have to undergo the experience daily, imperfect in the extreme.

Long road ahead!

I would conclude with another story from ‘Delightfully Imperfect,’ Paul Harris’s book on his life in Sri Lanka. His source for this story is The Island newspaper.

“A man from the Matara area was arrested by the Police on the complaint of a 23-year-old woman. Apparently, she had married a local fisherman and after seven days of marriage her spouse went off to sea on a fishing trip. As the newspaper put it ‘for some reason or other he did not return for several months’.

“She came to know a 45-year-old man who was said to be a kapumahattaya in a devale. After hearing her sad story, the kapuwa said he could bring back her husband in seven days. For that purpose she should come to his devale. When she arrived he gave her a white cloth and told her to have a bath and come to him dressed in the white cloth. She obliged and when she appeared before him she was told to lie down at a certain place in the devale. Thereafter he had raped her.

“After a few days her husband had returned home. Then she had told her husband everything about the rituals she had conducted. The fisherman who realised what had taken place went to the Matara Police along with the wife and lodged a complaint…”

Obviously, the road before us is very long and there are so many bends, turns and twists

No one to furnish bail to those provoked by Mahinda in Hambantota

 Feb 18, 2017

In the year 2014 with the intervention of PB Jayasundara it was proposed to hand over the Hambantota harbour to China via an agreement.The Member of Parliament for the Janatha Vimukthi Peramuna Nalinda Jayatissa had confessed that the protests that were made against this proposal was intentionally made by Mahinda Rajapaksa loyalists with a view to obtain power once again.  MP Jayathissa expalin that no body comes to  front to  furnish bail to those provoked by Mahinda in Hambantota.

Adding further he had added that if the peoples tax money was not pilfered the people would have been able to live a better life.He had also told that leaving political parties aside all should collectively oppose to this as we need a government to rule without corruption.

The Member of Parliament Nalinda Jayatissa had aired these views at a meeting held at "Kekanaduwa" in Matara on the 17th instant.

PRESSURE MOUNTS ON SRI LANKA TO REMOVE ANTI-LGBTQ LAWS AS PART OF E.U. TRADE DEAL

By Saurav Jung Thapa.-18/02/2017

Efforts to decriminalize consensual same-sex sexual activity in Sri Lanka, an island state off the southern coast of India, appear to be gaining steam as the country negotiates a preferential trade deal with the European Union (E.U.). Sri Lanka is one of 72 countries around the world that criminalize same-sex acts.

Signing this kind of trade agreement with the E.U. generally requires compliance with certain human rights conditions, such as removing laws that discriminate against LGBTQ people. However, Sri Lankan LGBTQ activists are concerned that the E.U. has waived this requirement following objections by the Sri Lankan government.

All Out published a petition from activist Rosanna Flamer-Caldera calling on the European Parliament, which is debating the issue, to insist that Sri Lanka scrap anti-LGBTQ laws before the trade deal is signed. Flamer-Caldera is the head of Sri Lanka’s pioneering LGBTQ rights organization, Equal Ground, which she founded in 2004. In 2016, she participated in HRC’s inaugural Global Innovative Advocacy Summit, which brought together 26 established and emerging advocates for the exchange of ideas and practices for advancing LGBTQ equality.

The petition, which was published on Monday, had collected 35,000 signatures.

Long-time Activist Rosanna Flamer-Caldera; Image by huffingtonpost.com

In an email to HRC Global, Flamer-Caldera stated, “LGBTQ rights have been systematically violated for 134 years in my country. The stance of the E.U. that the documented breaches of LGBTQ people’s human rights in Sri Lanka do not constitute a serious failure to observe international human rights standards is disturbing. Don’t our lives matter?  Don’t we have the right to live as full citizens of this country?”

There are three specific discriminatory laws against the LGBTQ community in Sri Lanka. Section 365 (against the order of nature) criminalizes same-sex activity by up to 10 years imprisonment, Section 365 A (gross indecency) can put people convicted of same-sex acts behind bars for two to 20 years, and Section 399 is used by police to harass transgender and gender non-conforming people on grounds of impersonation. While these laws are applied infrequently, they nevertheless undermine the fundamental human rights and dignity of LGBTQ Sri Lankans and give carte blanche to authorities to violate the rights of LGBTQ individuals with impunity.

Activists in Sri Lanka have also faced other challenges in recent years. The 12^th Colombo Pride event in 2016 received online threats from radical groups. They also faced difficulties in obtaining permission from Colombo municipality to celebrate an International Day Against Homophobia, Biphobia and Transphobia event last year.

(HRC is committed to advocating for the rights of LGBTQ people in Sri Lanka, elsewhere in South Asia and around the globe. HRC Global advocates for equality through advocacy, fellowships, partnerships and research. Read more about our work here.)