Morality, politics and the farce behind the UNHRC resolution 

By Laksiri Fernando-March 14, 2017, 8:13 pm

There was nothing fundamentally wrong in Sri Lanka endorsing the UN Human Rights Council (HRC) resolution in October 2015. That was the best the country could achieve politically in that forum, under the circumstances, after 2009 resolution. This does not mean that it is the best for ‘reconciliation, accountability or human rights’ in the country. Many of the recommendations of the resolution are ambiguous, legalistic or lack realistic perspectives. Some of them could even be undesirable or intrusive. Otherwise, the wording was milder, accommodative and quite the reversal of the previous three resolutions in 2014, 2013 and 2012. It is somewhat like ‘carrot and stick.’

Morality, politics and the farce behind the UNHRC resolution.docx by Thavam Ratna on Scribd

Return land, restore dignity

Land is linked to identity, and identity is important to all communities regardless of whether they are from the North or the South.

14 Mar  2017

By Aingkaran Kugathasan, for Tamil Guardian | Colombo

Subsequent governments in Sri Lanka have manipulated the issue of land for political and economic gains by; promoting the livelihood and well-being of one Community over another (in this case the ethnic majority), providing lands to transnational corporations (TNCs), acquiring lands for security purposes (High Security Zones: HSZ). Both private and state lands of people who have for generations been settled and living here have been forcibly taken away, by the government mostly for development and militarization purposes both in the North-East as well as in the South. These lands are where their families are from, and for most this is all they had and can call their own. Existing land laws, particularly the Land Acquisition Act are manipulated to acquire lands from the poor and vulnerable. Despite passing nearly 8 years since the end of the war, the government has failed to return lands of the people in the North-East and South. Prioritizing the return of land would have significantly paved way for reconciliation, unfortunately these opportunities were never taken.

Return land, restore dignity.docx by Thavam Ratna on Scribd

Sellamma returns home after Army occupation

RUKI FERNANDO AND MARISA DE SILVA on 03/14/2017

We first met 83 year old grandmother Sellamma when she was part of a protest fast outside the Puthukudiyiruppu Divisional Secretariat. At that time, her land and house across the road had been occupied by the Army for eight years. She was protesting along with her neighbours, mostly women, whose lands and houses had also been occupied by the Army. Even after a meeting with the Prime Minister in the early stages of the protest, they had vowed not to give up their protest, until their houses and lands were handed back to them.

After a month’s protest, Sellamma and some of her neighbours, were successful in forcing the Sri Lankan government and its’ Armed forces to return some parts of their village back to them. It was joyful occasion to meet Sellamma, her son, relatives and neighbours back on their own lands and houses last week.

But rather than talk about their victory in making the Army relent, Sellamma talked to us about the pitiful state in which they found their houses and the land, upon their return. She personally took us around to show us all the damage done.

“They (the army), must have been angry with us because we were protesting and asking for our homes back, so they destroyed our houses. We heard them (the army) breaking things whilst we protested across the road. I don’t know why they would do this to us? When we stepped into our home for the first time since 2008, there was shattered beer bottles and other glass pieces covering the entire floor. Our houses were stripped of its doors, some windows, kitchen sinks, the glass from our cabinets, and electrical fittings. Some window grills and glass were broken or removed all together, and entire roofing sheets had been removed from my son’s house. The toilet mirror has been taken, and the toilet is also not in working order anymore. They (the army) have cut our coconut trees and built summer huts in our garden. A few houses in our neighborhood have been razed to the ground. When we were brought back after the war to see our houses in 2014, these houses were all intact.” Sellamma told us.

“This was our ancestral house where my seven siblings and I grew up with our parents. The army has bulldozed our main house and kitchen to the ground post-2011, when we were last brought here to see our homes. We had a separate kitchen because there were so many of us to feed. I don’t understand why they would do this? The Army had built an outdoor kitchen complex in our garden, with a pipe leading straight from the kitchen to the well. The waste water from the kitchen has also gone back along the pipeline to our well and contaminated it. Our well is also now infested with insects and snakes, so we have covered it up, as the smell too is unbearable and the water is unusable,” said another returnee, of her recently released home in Puthukudiruppu.

“Our house used to be over there,” said an old amma (mother) pointing across to what now resembled a field. “They (the army) have mined so much sand there, that the land has become all marsh land now. It’s covered in overgrown grass and water, s0 that we can’t even access it anymore. Our house too has been destroyed,” she said sadly.

While Sellamma’s struggle and victory is inspiring, the sad reality she has had to return to, would have serious implications on the reconciliation process.

Firstly, why must elderly women like Sellamma resort to fasts and protests for the government to fulfill basic commitments it has made to the people and the UNHRC, such as releasing military occupied land?

Secondly, why did the Army destroy and loot these houses and properties prior to returning them to their rightful owners?

Thirdly, why is there zero government support for recent returnees, now returning home after eight years of displacement due to military occupation?

Fourthly, when can returnees expect compensation/reparation for the use of lands and houses by the Army, loss of income generation due to the occupation, destruction of property and trees, and losses as a result of looting by the Army?

Lastly, all the land releases so far, have been partial releases. In Puthukudiyiruppu, only about 7 acres of lands out of 19 been handed over, after a month long protest fast. Villagers told us that the Army had committed to release another 10 acres in 3 months time, and another one acre after 6 months. But will these promises be kept?

Sellamma’s struggle is one of many struggles against military occupation of lands in the North that gained prominence last month. Sustained, indefinite protests had led to release of lands in Pilakudiyiruppu and Paravipaanchan, which were released a few days prior to the Puthukudiyiruppu land release. When we visited these villages, we saw the trail of destruction left by the occupiers – the Air Force and the Army. We were told that there was no support at all from the government towards resettlement. We experienced and heard of continued intimidation and surveillance by the Air Force in these areas. At the same time, protests demanding the return of military occupied lands continue in areas such as Keppapulavu.

Celebrating Sellamma’s and others’ victories, as a result of sustained fasts and protests is still difficult, in the backdrop of returnees struggling to cope with military destruction of their homes, receiving no support from the government, including basic shelter and livelihood support, and continued protests of others displaced to regain their land still under military occupation.

Put Victims First When Creating Mechanisms – Dr Nimalka Fernando

• Civil society wants the victims of the war to be given priority
• There was complete faith in the new government to establish a judicial process
• The government pledged to bring the PTA within the international framework

by Ashanthi Warunasuriya- Tuesday, March 14, 2017

Civil society wants the victims of the war to be given priority when creating mechanisms to address the accountability issue. Leading human rights activist and  Attorney At Law, Dr Nimalka Fernando told The Sunday Leader, that there was complete faith in the new government to establish a judicial process that will give them confidence. She also noted that the government agreed to the participation of foreign judges in the resolution adopted in October 2015.

Excerpts of the interview:

Q:  As part of civil society who backed the current government and who pushed for justice for the victims of human rights abuses, what is your reaction to the government’s decision of foreign judges in the post war accountability process?

A: The choice of what we want is the choice of victims. After all it is victims of war, those who lost their family members, women who experienced war violence and rape, those who were tortured and hundreds and thousands who were direct victims of war crimes and conflict. The matter is linked to the crimes and violence related to the last stages of the war. I am sad that political leaders who came to power assuring Tamil people that justice will be done, are now told that `we will define justice having other considerations.’ When the leaders wanted the votes of these people no conditions were imposed. There was complete faith in the new government to establish a judicial process that will give them confidence. The government agreed to the participation of foreign judges in the resolution adopted in October 2015. Up to date the authorities have failed to revive and expedite cases of the five youth killed in Trincomalee and or murder of the ACF humanitarian workers in Muttur. Why? What is stopping them? If the government wants to take a stand like this then they must prove good faith by showing the victims that they can deal with these cases openly and in a committed manner. Nothing has happened to give confidence even to Sandhya Eknaligoda. It is important to ask the question from ourselves whether we have a conscience in front of the faces of the victims.

Q: Is the government suddenly showing lack of political will on the human rights issue?

A: This is shameful political expediency demonstrated to safeguard  to ensure the enjoyment of political power.It is in my view that  there is abuse of trust that we deposited in the political leadership in 2015.

Q:        How do you think members of the UNHRC must deal with Sri Lanka at the ongoing session in Geneva?

A: The international community is appreciative of the steps taken by the GOSL to sustain a democratic environment and committed to a transitional justice process. The international community is also telling the government that they have got a golden opportunity to address many issues related to an ailing democracy, unresolved ethnic conflict and build reconciliation.

Q: There seems to be a fear that Sinhalese extremists will use the Geneva issue for their benefit and that it is playing on the minds of the government.

A: Half my life I have seen anti-peace and anti-minority political forces  campaigning against political settlement to the conflict. This is unfortunate. This country belongs to all those who are citizen’s and just because we bring a political resolution which is just and equitable upholding the power sharing process the Sinhalese will lose power.This is a political gimmick to keep your racist constituency nurtured for political gains. This will be proved at a referendum and we have to blast this myth to make Sri Lanka becomes a powerful country united and lead by political leaders of all communities.

Q: How do you see the recommendations by the Consultation Task force on Reconciliation?

A: I endorse the recommendations and call upon the government to make plans to make this report public and develop a consensus.

Q: Can Sri Lanka ever depend on government appointed commissions if the report of the Consultation Task force on Reconciliation is not implemented?

A: They are complimentary. Not a competing processes.

Q: There is a concern the actions of civil society will push the country towards chaos. What is your reaction to that concern?

A: The civil society that I am an activist has never taken the country to chaos. It has upheld the respect of the country before the international community by joining forces to enhance the democracy and human rights of all people living in this country. How can this be chaos?

Q: What do you see Sri Lanka heading by 2020 on the human rights and reconciliation issue?

A: I hope for great improvement and families who have suffered and families of the disappeared hugging this country as their home and refuge.

Q: Is a possible change in US policy towards Sri Lanka a threat to the push for justice in relation to alleged war crimes?

A: I have never been bothered about US positions. We did what we did for the love of the country and liberated it from falling into authoritarianism.

Q:  Is there a fear a Mahinda Rajapaksa led government can return?

A: He is a politician and all politicians know when they are defeated like MR in 2015 there is no come back.

Q: Some concerns have been raised about the proposed Counter Terrorism law. What are your views?

A: The government pledged to bring the PTA within the international framework. We have received information that the draft which is titled the Counter Terrorism Act has not yet been adopted by the cabinet as the existing Draft has not met the standards related to the pledge given. What we hear is that the present CTA draft is more draconian that even the PTA. We are concerned that in this regard the failure of the government to introduce legal sector reforms and also review the role played by the AG’s department during the previous regime which sanctified the PTA. It is therefore rather problematic to rely on the same experts to reform the PTA.

Q: What role does civil society have to bridge the gap between the communities in the country?

A: The civil society or groups of citizen’s who have campaigned for peace have done what they can do for over 30 years. I remember the first gathering of the Movement for Inter-Racial Justice in 1978 which has people like the late SIlan Kadirgamar, Bala Tampoe and Fr Paul Casperz(still living but very feeble) guiding us young activists. We worked for over 20 years till 1994 and joined in the Sudu Nelum movement.

They were a grassroot organisation joining for peace and reconciliation. In the villages we spoke of the need for peace and Sinhala and Tamil political activists and leaders too joined in our activities. It is very unfortunate that both the LTTE and then the Mahinda regime were in this horrible battle which broke the trust amongst all communities. The emergence of the BBS too has eroded the trust of the Muslim community in the majority community in Sri Lanka.

Unless there is a political resolution to the ethnic conflict and an environment on non-discrimination and intimidation is created by the political leader now the role of the civil society is very limited today. We are still committed to assist in the efforts of the government for reconciliation.

This is now an issue of the making of a new constitution and power sharing framework for Sri Lanka. Few NGO projects can only help but will not be sufficient.

When the Provincial Council Election was held in October 2014 we joined as mothers and daughters of Lanka as election observers for the first time as democracy mattered and we wanted to be with our sisters in the north who were voting for the first time. It is with great hope we looked to the formation of the NPC. Immediately we saw the challenge of the 13th amendment descending on the NPC.The presence of a governor who was a military personnel was not healthy for the trust building that was necessary as well as regarding the independent operation of the NPC. I see the conflict that exists between the governor and the Chief Minister as one of the major problems  we need to address as a structural defect. Even if we have the best of leaders the power framework will not provide amicable power sharing. Nobody is threatening the reconciliation process from the North. Only Mahinda Rajapaksa and the JO is threatening the reconciliation process. Those who voted for the establishment of the NPC the victims of the war (they boycotted elections earlier) wanted a democratic and just solution. We Sinhalese have to honour the trust they kept in us.

A Visit To Kunakunthammah Francis In Puthukudiyiruppu As The UNHRC Considers Sri Lanka

By S. Ratnajeevan H. Hoole –March 14, 2017 

Prof. S. Ratnajeevan H. Hoole

My visit to Puthukudiyiruppu today (11 March 2017) as the UNHRC debates Sri Lanka was coincidental. The Election Commission had received from Australia packages of books, pencils, pens and miscellaneous items for indigent refugee children and I took a boxful to the survivors at Puthukudiyiruppu. Through Rev. Fr. Joseph H. Jeyaceelan of the Jaffna diocese I identified Kunakunthammah, meaning the Virtuous Mother, that is the Virgin Mary. Her son-in-law John Bosco and daughter Dijana were running The John Education Center where about 250 children come after school for coaching in cadjanned classrooms. A good 30 of them were orphans with about 20 on scholarships and the remaining supported by their friends and relations.

What I found was a pious, apolitical family that has suffered immensely and yet remains cheerful, and grateful to God that they survived. The simple homely meal they served us was so tasty that I cannot forget it ever.

That they were apolitical is seen in Kunakunthammah Francis’ birth certificate name – Kunawardene, a name given to her by her father after his friend Kunawardene despite that being a male Sinhalese name. As trouble brewed, saying she needed a Tamil Catholic name, her name was changed to Kunakunthammah after Mary the Mother of Jesus.

It was a time when the army was raining shells on civilians and the desperate LTTE was keeping Tamils as hostages and forcing them to carry arms or serve in labor gangs. John Bosco therefore hid in the CARE office where he worked without going out for almost two years. The Tigers intensified their forced recruitment and press-ganging in Dec. 2007. However on 9 Nov. 2008 as he recalls, the government asked all INGOs to leave and he lost his hiding place. As he tried to move across to the government side, he was press-ganged by the Tigers for their labour force. His mother Ritammah got a nervous breakdown over being unable to get John back and then a heart attack and passed away. While cycling back, an army shell blew out John’s entrails on 27.03.2009. He had the presence of mind to push them back in and tie them in with a sarong. Bicycling away he lost consciousness. When he awoke, he was in a pile of bodies with three on top of him, given up for dead. From there he saw a girl who studied with him and called out to her before fainting again. He was found when he moved, rescued and now survives after four surgeries.

During the army’s wild and arbitrary shelling a shell fell on the shelter they had dug and six people died at once together on 09.02.2009 – John’s father Mathias Alles who had had a heart attack after hearing that john’s body had been taken away for disposal and died without knowing John was alive, John’s brother’s father-in-law Victor Gnanapragasam, and four other relations.

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Prez urged to examine Geneva process afresh to avert catastrophe

by Shamindra Ferdinando-March 14, 2017, 10:41 pm 

The Federation of National Organizations (FNO) wants the government to commission an ‘official assessment’ on OISL (OHCHR Investigation on Sri Lanka) in the wake of both President Maithripala Sirisena and Premier Ranil Wickremesinghe ruling out foreign judges in the proposed judicial mechanism in line with Geneva Resolution 30/1.

Attorney-at-law Dharshan Weerasekera on behalf of the FNO has produced a comprehensive report titled ‘A factual appraisal of the OISL report: A rebuttal to the allegations against the armed forces’ in the absence of such an official initiative.

Weerasekera presented the report to Ven. Bengamuwe Nalaka thera at the Sambuddathwa Jayanthi Mandiraya on Monday (March 13). The Global Sri Lanka Forum (GSLF) has sponsored the project.

Members of Maha Sangha, former Chief Justice Sarath Nanda Silva, former External Affairs Minister Prof. G.L. Peiris and wartime Defence Secretary Gotabhaya Rajapaksa were among the gathering. The Chinese and Pakistan diplomatic missions were represented.

Dr Gunadasa Amarasekera, who along with Ven. Nalaka and retired Rear Admiral Sarath Weerasekera commissioned Dharshan Weerasekera in January to carry out the task this year, handed over a copy to former Defence Secretary Rajapaksa.

The gathering was told that the report along with several other written reports commissioned by the previous administration would be also submitted to President Maithripala Sirisena, who is also the Commander-in-Chief of the armed forces.

In addition to calling for government appraisal of OISL, the FNO underscored the importance of the UN examining the same report. The FNO has recommended that the Sirisena-Wickremesinghe government obtain an opportunity to brief the UNGA in respect of the need to appoint a Special Rapporteur to examine the entire process.

Weerasekera has called for the suspension of the ongoing process until Special Rapporteur could finalise the inquiry.

Attorneys-at-law Kalyananda Thiranagama and Raja Gunaratne and writer Shenali Waduge, who were in the editorial panel, were coordinated by Dr K.M. Wasantha Bandara.

The FNO report dealt with three allegations (indiscriminate shelling, denial of human rights assistance and unlawful killings) pertaining to the International Humanitarian Law (IHL) and four (violations related to deprivations of liberty, enforced disappearances, torture and sexual and gender based violence) under the International Human Rights Law (IHRL) contained in the OISL report.

Ven. Nalaka, Sarath Weerasekera, Dharshan Weerasekera, Raja Gunaratne, Prof. Peiris, Sarath Nanda Silva and Gotabhaya Rajapaksa flayed the Sirisena-Wickremesinghe government for co-sponsoring Geneva Resolution 30/1 in Oct, 2015 despite it being severely inimical to Sri Lanka.

Ven. Nalaka alleged that the government was hell bent on destroying the image of the war winning military at the behest of Western powers as well as those who couldn’t stomach the eradication of ‘the deadliest terrorist outfit’, the LTTE.

Former UPFA MP Weerasekera explained the sacrifices made by the military during nearly three decades long conflict. The naval veteran explained the circumstances under which the navy had captured Sea Tiger leader Soosai’s wife, Satyadevi, son Suresh and daughter Madhi off Mullaitivu in the early hours of May 16, 2009.

Although, the navy had experienced devastating losses in the hands of Sea Tigers, Soosai’s family weren’t harmed, Weerasekera said.

On behalf of the FNO, Weerasekera will hand over the report to Geneva on March 22. Copies will be made available to 47 members of the UNHRC.

Dharshana Weerasekera explained key objectives with the focus on the responsibility on the part of the government to re-examine the OISL report. Faulting the UN led process that ended up in Geneva Resolution 30/1.

Prof. Peiris compared Sri Lanka’s response to Geneva challenge during the previous administration and that of the current administration. Prof. Peiris pointed out that foolish yahapalana leaders had reaffirmed their commitment to the controversial Geneva Resolution 30/1 by moving another resolution during the ongoing sessions. Referring to President Maithripala Sirisena’s recent declaration that he had the backbone to reject foreign judges in judicial inquiry into alleged accountability issues, Prof. Peiris said that they would be watching the Geneva situation closely.

Raja Gunaratne analysed OISL report and discussed a range of other connected issues such as US double standards, US position vis a vis Israel and Western influence there at the expense of a large section of the global community.

Sarath Nanda Silva recalled measures taken by successive governments during the conflict, including the fourth phase (Aug 2006 - May 2009) as well as post-war period to alleviate the suffering of Tamil speaking people. Silva referred to some disagreements between the previous administration and the judiciary during his tenure as the Chief Justice in respect of counter terrorism measures. Pointing to the audience, the former CJ said that Gotabhaya Rajapaksa reacted angrily as he called for a fresh look at security procedures in the wake of Paikiasothy Saravanamuttu moving court against the government forcibly shifting people from Colombo to Vavuniya at the height of the war.

The former CJ censured Foreign Minister Mangala Samaraweera for pursuing policies against the country.

Silva also urged the judiciary to examine former Senior DIG Anura Senanayake’s prolonged imprisonment for allegedly suppressing information pertaining to a high profile case. Silva recalled the role played by the police officer in counter terrorism operations in Colombo during the fourth phase of the war.

Indian pilgrims boycott Kachchativu annual religious festival for first time citing shooting incident – Navy Commander reveals many truths

(Lanka-e-News - 13.March.2017, 11.30PM)   The annual religious festival of Kachchaitivu was conducted and concluded with immense  splendor and grandeur on the 12 th. However for the first time in history, the Indian pilgrims boycotted the festival. 

Vice Admiral Raveendra Wijegunaratne , the Sri Lankan Navy Commander  who attended this festival said,   based on  a false publicity  campaign in India  over  an  alleged  shooting of an Indian fisherman by the Sri Lankan Navy  , the Indian fishermen boycotted the annual religious festival of  Kachchaitivu this year. The Navy Commander went on to comment as follows : 

‘The Indian pilgrims did not attend the festival citing the grounds that the Navy fired at an Indian fisherman .But our Navy repudiates the charge. We  have no need to fire at the Indian  fishermen.  What we usually  do is , if we apprehend an Indian fisherman within our territorial waters , we only arrest him and bring him before  the law. 

Specially if there is a necessity to fire at a craft  , the permission of the Navy Commander must be obtained before shooting  and that is only in the event of  a danger . Because of the latest communication technology , any Navy officer can contact me any time. Hence they should obtain my permission if they are in danger before firing. Nobody obtained my permission to shoot.  That means we have not done any shooting. We are conducting an investigation into this too ,which  is being done  with the participation of  a deputy chief of staff of the Navy.

When we did a probe based on our radar system , we observed that about 400 to 500 boats including Indian trawlers were anchored in our territorial waters. We requested the Indian  fishermen to inform us where exactly the G.P.S craft  was at 12.30 a.m. - the time of the supposed shooting on the day of the incident .

After the location of the craft is made known  to us , based on our radar  recordings , we can ascertain  whether a boat came into our waters, and its fate. We are expecting the Indian coastal conservation department to  provide us with the details as soon as possible. 

There is a close relationship between our Navy and the Indian coastal conservation force . We therefore communicate with them any time and vice versa.

The Indian coastal conservation department is confronting  an  issue : if there was a shooting incident why they were not immediately contacted .  This is a crucial question. The Sri Lanka Navy came to know about the alleged  shooting only on the following day (morning ) . If there had been an incident they could have spoken and intimated to us.   

Hence when we look at this issue there seems to be another unknown side to this. So far we have not even been furnished with definite details  of the G.P.S. craft .If that data is provided , we can conduct the investigation much better’ the Navy Commander explained.

The Kachchativu annual festival was  inaugurated   with the participation of Reverend Father Rodrigo Joseph Jebaratnam  of the Jaffna Diocese  , Christian priests and sisters .
 
SL Navy Commander pointed out , providing the necessary security and facilities to all the devotees this year was looked after Navy and the Jaffna district sceretariat .

High ranking officers of the Navy including Navy Commander Ravi Wijegunawardena , Jaffna security corps commander Major General Mahesh Senanayake ,  Jaffna district secretary Nagalingam Vethanayagam , and a large crowd of Sri Lankan Christian devotees participated in the event.  

Photos and Report By Dinasena Rathugamage

Translated By Jeff

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by     (2017-03-13 20:39:22)

Protesters call for Prisoners’ Rights

2017-03-14 

A collective by the name ‘Committee for Protecting Rights of Prisoners’ today staged a protest outside the Magazine Prison urging the Government to ensure the rights of the prisoners and to arrest the culprits of Welikada Prison killings. Pix by Pradeep Dilrukshana

From February to October: The Legacy of the Russian Revolution & Sri Lanka today

Text of the talk to be delivered on March 13, 2017, on the 100^th anniversary of the October Revolution, Colombo.

PROF. JAYADEVA UYANGODA on 03/14/2017

When we commemorate the one hundredth anniversary of the Russian Revolution, the world situation has changed quite dramatically. Capitalism, which those who welcomed the Russian revolution thought would leave the stage of human history, continues to be around, renewing its usual destructive capacities as well. Capitalism has survived many challenges modeled around the Russian revolution. Despite survival and regeneration, capitalism and its legitimacy has also been continuously subjected to relentless questioning and resistance. At the same time, socialism’s attraction as an alternative to capitalism has also declined. When the twentieth century, the century of socialist-oriented revolutions, ended, that attraction has largely diminished. Socialists are still debating how the socialist alternative to capitalism should be re-thought and re-conceptualized.

From February to October The Legacy of the Russian Revolution & Sri Lanka today.docx by Thavam Ratna on Scribd