Oh, no O-Level

It has now transpired that 142 out of the 225 members in the current Parliament have not passed the GCE Advanced Level examination while 94 of the 142 MPs have not even passed the GCE Ordinary Level examinatio.

Thursday, 23 March 2017

‘Democracy is the counting of heads, not what’s in them’ – Padraig Deignan

No GCE Ordinary Level certificate for a good portion of our high-flying Members of Parliament. This is no ordinary issue, neither is it a laughing one. It’s serious, very serious.

Parliament is the supreme legislative body of Sri Lanka and if elected members lack a basic qualification then it’s a poor reflection on our democracy. It has now transpired that 142 out of the 225 members in the current Parliament have not passed the GCE Advanced Level examination while 94 of the 142 MPs have not even passed the GCE Ordinary Level examination. This is a startling revelation, a perplexing paradox. How did they get there? That is the billion-dollar question. Another one of those farcical happenings in Paradise Island.

Unqualified legislators perhaps by virtue of a gifted gab and political connections got elected to high office. In no time, they begin to wield superlative power and romp the high life, grossly insulting those that put them there in the first place. The bizarre yet notorious culture of indifference over capability, eligibility and suitability, further compounded by a lack of regulatory policy, has led to this derisory contemporary situation.

Family bandyism is a long-cherished tradition in Sri Lanka. If a father dies while in office, his wife, son or daughter are considered the natural inheritors of his position regardless of what they may have in terms of actual substance. It seems constituents have a lot of tolerance for this kind of ‘trespassing’.

Unique and photoshopped smiling faces bedecking private walls during elections say it all. Qualifications and general IQ are forgotten and disregarded by the voter. A good ‘Sangeetha Sandarshanaya’ is all what is needed with ample dancing space to send the masses into a frenzy. What a great understatement for those who say democracy is not the most perfect system.

Devoid of qualifications

It seems that these present Members of Parliament had expended, deliberated and strove to date without the basic qualification required. The GCE Ordinary Level is a bare minimum for a legislator in Sri Lanka. I wonder what people like Dr. Colvin R. De Silva or Dr. N.M. Perera would have said about this lugubrious state of affairs had they been amongst the living.

Actors, actresses, cricketers and anyone of appeal are placed as candidates sans tangible merit. The objective is apparent - to win votes. Is this something good for the country? Is this the best approach? Of course Gamini Fonseka and Vijaya Kumaratunga were in a different league. Even Ranjan Ramanayake is a great contributor. Exceptions are always there. For sure I would have preferred World Cup-winning cricket captain ‘Captain Cool’ Arjuna Ranatunga to have been the President of Sri Lanka Cricket and Master Blaster Sanath Jayasuriya its CEO. The duo could have done wonders.

In principle those most suited to engage in politics are those sincerely and positively disposed to work for the people and towards their socioeconomic development. This requires basic qualifications, intelligence and lots of skill, pragmatism, real commitment and common sense.

Isn’t it necessary for voters to know the qualifications of their would-be representatives before a general election? Shouldn’t it be made mandatory for candidates to reveal their qualifications? The preservation of a healthy democratic process necessarily hinges on the insight, intelligence and competence of their elected representatives. In this context mandating a basic qualification regime has become necessary today if not inevitable.

This is a palpable affront on constituents whose diverse and unique issues the right honorable Members of Parliament are supposed to represent with understanding, intelligence and insight. No wonder our Parliament today is reduced to a mere talking shop and that too with wholesome unparliamentary stuff coalescing big time. This is not to say that the PhD’s speak sense all the time.

Sri Lanka without a doubt is at a turning point in its tumultuous and checkered history. Decades of murder, mayhem and macabre incidents have come to an end, economic steam is picking up and is poised to take off big time. Amidst all these sparks comes this disgraceful revelation. This is not good. Sri Lanka must have the right people to efficiently navigate the course.

Canadian example

Sri Lanka can learn many things from Canada. Its young, dynamic and energetic Prime Minister Justin Trudeau certainly wants his Government to reach for the stars. He probably called on the right man for at least one Cabinet job, appointing the first Canadian in space as his Transport Minister.

Mark Garneau logged over 675 hours in space on space shuttle missions in 1984, 1996 and 2000. The Canadian Defence Minister Harjit Sajjan is a decorated lieutenant-colonel in the Canadian armed forces, the first Sikh Canadian to command an army regiment, having served in Bosnia and Afghanistan. Muslim Canadians also praised Maryam Monsef’s appointment to the Democratic Institutions portfolio. She becomes the first Muslim Canadian in Cabinet.

Upon arrival as a refugee, Monsef relied on the support of several charity organisations, including the YMCA and the Salvation Army. In 2003, Monsef enrolled at Trent University, from which she graduated in 2010 with a Bachelor of Science in Biology and Psychology.

Recently, the firebrand leader of the JVP Anura Kumara Dissanayake was addressing a meeting where he said that Prime Minister Ranil Wickremesinghe was working with a kind of a ‘Kitchen Cabinet’ and that too with just a single Member of Parliament. The names mentioned by him included Charitha Ratwatte, Malik Samarawickrama and R. Paskaralingam.

No doubt that if what the JVP MP said was true, the motley assembly comprising the so-called ‘Kitchen Cabinet’ is unconstitutional and undemocratic. On the brighter side of things what can the Prime Minister expect or ask to perform from those without a GCE Ordinary Level certificate?

HRC MUST IMPRESS SRI LANKA TO REALIZE TRANSITIONAL JUSTICE WITHIN NEXT TWO YEARS – SARAVANAMUTTU

Dr. Paikiasothy Saravanamuttu.-22/03/2017

Oral Statement delivered by Dr. Paikiasothy Saravanamuttu  at the Interactive Dialogue with High Commissioner on Report on Sri Lanka.

I appear before you as a human rights defender who was labeled a traitor and terrorist because of a staunch belief in a citizen’s responsibility to protect and strengthen human rights, justice and equality in Sri Lanka. Accordingly, I welcome the remarks of the High Commissioner, noting the cooperation of the current Government with the Special Procedures and the initial steps it has taken on transitional justice.

More, much more needs to be done and in the two years the Council grants to the Government, I sincerely hope and strongly urge that it make clear to the Government that a number of measures as laid out in Resolution 30/1 can, should and must be taken in that period to ensure that transitional justice will be realized in substantive, if not in full measure. The Special Procedures and the Consultation Task Force on Reconciliation Mechanisms appointed by the Government, of which I was the Secretary, have also made a number of recommendations adding to and reinforcing Resolution 30/1. The Consultation Task Force Report records the concerns and expectations of over 7,300 Sri Lankans from all communities, on the gamut of issues of transitional justice and its pivotal importance. The Government must heed the voices of its citizens.

In particular, the expedited return of land, the repeal of the Prevention of Terrorism Act and its replacement with legislation consonant with international human rights standards, a political and constitutional settlement of the conflict, demilitarization, an end to the culture of impunity, upholding the rule of law and and the establishment of the Office of Missing Persons and the other mechanisms and measures identified in Resolution 30/1 and the Task Force Report.

Mr. President, the Council must impress upon the Government of Sri Lanka that time is given to do the rest of what needs to be done, as identified by its citizens and this Council.

Thank you.

22 March 2017

M.A. Sumanthiran on Sri Lankan Politics, Tamil Affairs, and Indo-Lankan Ties

The Diplomat‘s Taylor Dibbert speaks to noted Sri Lankan parliamentarian M.A. Sumanthiran.

M.A. Sumanthiran is a Sri Lankan lawyer, parliamentarian and member of the Illankai Tamil Arasu Kachchi (ITAK), a Tamil political party. The Diplomat‘s Taylor Dibbert spoke with Sumanthiran about Sri Lankan politics, Tamil affairs, and India-Sri Lanka ties.

By Taylor Dibbert0March 20, 2017

The Diplomat: Sustained militarization and land issues pose significant challenges for civilians residing in Sri Lanka’s Northern and Eastern Provinces. How much progress has been made in these areas since Maithripala Sirisena assumed the presidency in January 2015? 

M.A. Sumanthiran: Not much. There was significant movement initially, with about 400 acres being released in Palaly [in the North] immediately and the whole of Sampur in the East. Thereafter it has come in fits and starts. Altogether around 2,000 acres have been released in Palaly with another 4,000-odd acres still under military occupation. In the Vanni [the mainland part of the Northern Province], several thousand acres still remain exclusively in military hands.

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The Tamil National Alliance (TNA) is the country’s principal Tamil political grouping. How would you describe the relationship(s) between the various constituent members?

We are a very loose alliance. I say that because, strictly speaking, only one political party that signed the original [Memorandum of Understanding] MOU setting up the TNA still remains in the TNA, and that is [the Tamil Eelam Liberation Organization] TELO.

[The All Ceylon Tamil Congress] ACTC moved out in 2010; [the Tamil United Liberation Front] TULF went out in 2003, came back in 2011 and went out again in 2013. [The Eelam People’s Revolutionary Liberation Front] EPRLF came in a little after TNA was formed, and is still a constituent. ITAK became part of it around 2003/4 and [the People’s Liberation Organization of Tamil Eelam] PLOTE came in 2011. So presently there are 4 parties: ITAK, TELO, EPRLF and PLOTE. The original MOU may not be valid since none of these except TELO is a signatory to it!

What are your thoughts on the Tamil People’s Council? What sort of role do you see this entity playing in the coming years?

The TPC was formed secretively by those who were routed at the general elections in 2015. Even the Chief Minister of the Northern Province [C.V. Wigneswaran] did not support his own party at the elections, but the TNA swept the polls.

ITAK, which is the dominant party in the TNA, was kept in the dark with regard to the formation of the TPC and we knew about it only after its first meeting. Such a start can hardly inspire any kind of confidence as to their bona fides or integrity. I cannot see them playing any constructive role in the long-term.

The 34th session of the UN Human Rights Council is ongoing and another country-specific resolution is expected to be passed on Sri Lanka. How has the session been going? Will you be satisfied with the outcome?

The resolution that will be passed is to our [TNA’s] satisfaction, since it does not dilute [UN Human Rights Council] HRC 30/1 which was passed on October 1, 2015. Sri Lanka has not completely implemented even one of its obligations under 30/1. In fact, some of those have not even been touched yet. In this scenario, our first task was to ensure that Sri Lanka re-commits itself to those obligations. Second, the international monitoring mechanism should be extended for a further period. I think both those objectives are met with the consensus resolution being adopted now. That is not to say that we are satisfied with the progress made by Sri Lanka – far from it. But, knowing the available tools at our disposal at this time, I think we have made progress.

In terms of the transitional justice agenda. What actions would you like to see the Sirisena administration take over the next few months?

They need to pass laws that criminalize certain acts with retrospective effect. They have started with enforced disappearances; the bill has now been gazetted. All relevant international crimes need to be made criminal in the municipal laws of Sri Lanka. In parallel, they need to operationalize the Office of the Missing Persons.

How have India-Sri Lanka relations evolved since January 2015?

I would say it was at an all-time high just after January 2015, but has not been that good thereafter. This is due to the transactions Sri Lanka is having with China lately.

Devolution is supposed to be a key part of Sri Lanka’s constitution-building project. Is there space for New Delhi to play a prominent role in these negotiations?

Most certainly. New Delhi will eventually play the most important role in this. The Indo-Lanka Accord is still a valid bilateral international agreement, which India will insist on implementing fully.

What are your thoughts on the ongoing disputes between Indian and Sri Lankan fishermen? Is this a problem that could be resolved in the near-term? If so, how?

Once bottom-trawling is banned by both countries and enforced effectively, 90 percent of the issues will be solved. Both countries have agreed that this practice must stop. That agreement was reached in November last year. After that it will be the age-old “straying” across the [International Maritime Boundary] IMB, which cannot be avoided with such a narrow straight of water.

This interview has been edited for clarity.

Zeid highlights need for international participation in judicial mechanism

By Yusuf Ariff-March 22, 2017

While welcoming Sri Lanka’s ‘promising progress’ in constitutional reforms, UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein today urged the government to set up mechanisms to implement the resolution adopted at the UNHRC in 2015.

“I note promising progress regarding constitutional reform, with the Parliament establishing itself as a constitutional assembly,” he said, speaking at the Interactive Dialogue on the High Commissioner’s report on Sri Lanka at the 34th session of the UN Human Rights Council in Geneva on Wednesday (22).

Hussein said that although progress to establish transitional justice mechanisms has been slow, he is heartened by the recent report of the Consultation Task Force on Reconciliation Mechanisms, synthesising  thousands of submissions from across all ethnic and religious groups.

He urged the Government to embrace and make the broadest possible use of the report, following its inclusive and thoughtful consultations.

“What is needed now is agreement on a comprehensive strategy, with a time-line and detailed benchmarks, to address all the transitional justice pillars identified in Resolution 30/1.”

He also recommended that there be “swift progress” in establishing an Office of Missing Persons, which he says could play a crucial role in resolving enforced disappearances.

The High Commissioner said that he is particularly troubled by the lack of progress in a number of emblematic cases and that the consistent failure to effectively investigate, prosecute and punish serious crimes appears to reflect a broader “reluctance or fear” to take action against members of the security forces.

“Combined with a general lack of trust in the impartiality of the justice system regarding past violations, this continuing unwillingness or inability to address impunity reinforces the need for international participation in a judicial mechanism.”

“For this to be credible, it should include a special counsel, foreign judges and defence lawyers, and authorized prosecutors and investigators,” Hussein said.
The National Consultations also identified international participation as a way to gain the trust of the victims, he said.

Responding to non-governmental organizations (NGOs), he said that they cannot jump to conclusions on Sri Lanka’s progress but still insisted on a hybrid court.

Full Statement by High Commissioner Zeid Ra’ad Al Hussein:

Excellencies,
Colleagues and Friends,
I thank you for this opportunity to discuss the human rights situation in Sri Lanka, and to present my report pursuant to Council resolution 30/1.

 The report acknowledges some positive advances on human rights and constitutional reform. I welcome the constructive engagement of the Government with my Office. We have continued to provide technical assistance through our presence in Sri Lanka, complemented by frequent expert missions and support by the United Nations Peacebuilding Fund. Five Special Procedures mechanisms visited Sri Lanka to address enforced disappearances, transitional justice, torture, the independence of judges and lawyers, and protection of minorities. Additionally, four treaty bodies reviewed Sri Lanka’s progress in implementing treaty obligations, and have made detailed recommendations regarding racial discrimination, migrant workers, torture and discrimination against women.

 I note promising progress regarding constitutional reform, with the Parliament establishing itself as a constitutional assembly. Inclusive public consultations conducted by the Public Representations Committee were followed in November by reports from six subcommittees appointed by the Constitutional Assembly to make recommendations regarding fundamental rights, the judiciary, finance, law and order, public service and centre-periphery relations. But these reports have not yet received adequate consideration.

Although progress to establish transitional justice mechanisms has been slow, I am heartened by the recent report of the Consultation Task Force on Reconciliation Mechanisms, synthesising  thousands of submissions from across all ethnic and religious groups. I urge the Government to embrace and make the broadest possible use of the report, following its inclusive and thoughtful consultations. What is needed now is agreement on a comprehensive strategy, with a time-line and detailed benchmarks, to address all the transitional justice pillars identified in Resolution 30/1 – which as the Foreign Minister recently reminded us, was co-sponsored by Sri Lanka.

Sri Lanka’s ratifications of the Convention on Enforced Disappearances and the Convention on the Rights of Persons with Disabilities are also significant steps forward. They now require rapid integration into domestic law, in accordance with international standards.  Following last year’s legislation to set up an Office of Missing Persons, I recommend that there be swift progress in establishing this body, which could play a crucial role in resolving enforced disappearances.

In the face of rising frustration among victims, a number of confidence-building measures must be accelerated. These include the release of land occupied by the military, which remains slow. While an effort is underway to repeal the Prevention of Terrorism Act and replace it with legislation that complies with international human rights law, this work has yet to be concluded. Numerous pending cases under the Prevention of Terrorism Act have not yet been resolved.  It will also be essential to effectively operationalise an appropriate vetting procedure – including an independent, civilian human rights component – in advance of any future deployment of military and police personnel to UN peacekeeping missions.

The design of truth and reparations processes appear to be underway, but these efforts need to be in consultation with the victims and civil society.  It is important for the country’s future to send the signal that impunity is no longer tolerated. I am particularly troubled by the lack of progress in a number of emblematic cases. The consistent failure to effectively investigate, prosecute and punish serious crimes appears to reflect a broader reluctance or fear to take action against members of the security forces. Combined with a general lack of trust in the impartiality of the justice system regarding past violations, this continuing unwillingness or inability to address impunity reinforces the need for international participation in a judicial mechanism. For this to be credible, it should include a special counsel, foreign judges and defence lawyers, and authorized prosecutors and investigators. The National Consultations also identified international participation as a way to gain the trust of the victims.

I welcome a number of Presidential directives with regard to some aspects of detention. However, cases of torture, excessive use of force and failure to respect due process continue to be reported. There is clearly a need for unequivocal instructions to all branches of the security forces that any such conduct is unacceptable and that abuses will be punished. Ensuring that detainees have unrestricted and prompt access to counsel from the moment of arrest will help mitigate the risk of torture.

In addition, and more broadly, Sri Lanka’s courageous civil society and human rights defenders must be protected from harassment and intimidation. I am disturbed to hear reports of intimidation of members of civil society here in the Palais des Nations. Assistant Secretary-General Andrew Gilmour, the system-wide coordinator for action on reprisals, will be looking into this, and I trust, Mr President, you will also give these cases close attention.

I urge Sri Lanka’s Government to regularly consult the independent commissions, and particularly the Human Rights Commission, which have an invaluable role in strengthening good governance. I encourage respect for their mandate and autonomy, adequate financing, and implementation of their recommendations.

This Council continues to play an important role in accompanying Sri Lanka towards a safer and more stable future in which there is respect for the dignity and rights of all its people. At the centre of all of this are the victims: there can never be sustainable peace without justice for them. My Office remains committed to continue supporting the Government and people of Sri Lanka on their complex journey towards truth, justice and full accountability.
Thank you.

SRI LANKA: CONTINUING UNWILLINGNESS TO ADDRESS IMPUNITY REINFORCES THE NEED FOR A HYBRID COURT – ZEID

 Rights commissioner Zeid making his final remarks.

Image: A group of Sri Lankan HRDs attending HRC 34 ©s.deshapriya.

The Council then held an interactive dialogue on promoting reconciliation, accountability and human rights in Sri Lanka.

Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights, presented his report pursuant to Human Rights Council resolution 30/1 on Sri Lanka, saying there were some positive advances in some areas, yet noting that progress to establish transitional justice mechanisms had been slow.  A number of measures must be accelerated, including the repeal of the prevention of terrorism act and the design of truth and reparation processes.  Continuing unwillingness or inability to address impunity reinforced the need for international participation in a judicial mechanism.  That mechanism should include a special counsel, foreign judges and defence lawyers, and authorized prosecutors and investigators.  At the centre of all of the efforts were the victims: there could never be sustainable peace without justice for them.

Sri Lanka reiterated its resolve and commitment to the reconciliation process and announced it planned to co-sponsor the resolution on Sri Lanka, which included a two-year extension for the timeline for the implementation of its commitments.  Sri Lanka expressed its commitment to continue its engagement for the benefit of its people, working to promote and protect human rights.  It recognised the need to strengthen its institutions and achieve economic progress.  It affirmed the country’s firm position to enhance the fundamental rights of all the citizens as equals in a free and democratic country, where the reconciliation process recognised the impact of conflict on all citizens, independently of their origin or status.

Human Rights Council-23/03/2017

MIDDAY

22 March 2017

The Human Rights Council in its midday meeting held separate interactive dialogues on the situation of human rights in the Democratic Republic of the Congo and in Sri Lanka under its agenda item on technical assistance and capacity building.  Andrew Gilmour, Assistant Secretary-General for Human Rights, noted that there was an increase of about 30 per cent of human rights violations in 2016 in the Democratic Republic of the Congo compared to 2015.  The increase could be explained by two factors: violations related to restricting democratic space and the resurgence of activities of several armed groups.  The Office condemned the use of violence by demonstrators during public gatherings or marches.  At the same time, security forces had to use force only as a last resort and in compliance with the principles of necessity, proportionality and legality, when facing an immediate threat.  The Office urged the authorities to urgently adopt the law on freedom of peaceful protests and the law on human rights defenders.  The Office was also deeply concerned about violence in what the Government had termed “non-conflict zones.”  The killings, injuries, destruction of property and other documented violations in the Kasais and Lomani provinces in the context of the Kamuina Nsapu crisis, represented a serious threat to peace in the country.

SRI LANKA CONTINUING UNWILLINGNESS TO ADDRESS IMPUNITY REINFORCES THE NEED FOR A HYBRID COURT – ZEID.docx by Thavam Ratna on Scribd

UNHRC final week gets dramatic as pro-Rajapaksa ex-military officer makes appearance 

• Sarath Weerasekera denies Lankan troops committed war crimes
• TGTE representative calls Rear Admiral a war criminal, urges Swiss Govt. to arrest him
• Weerasekera wants UNGA special rapporteur to ‘investigate’ UNHRC

By Dharisha Bastians in Geneva-Wednesday, 22 March 2017

The final week of the UN Human Rights Council session got off to a dramatic start, after former UPFA Parliamentarian Rear Admiral Sarath Weerasekera made an appearance in Geneva and locked horns with Tamil hardline groups at a side event at the Palais des Nations on Monday (20).

The Rear Admiral made an intervention during the event, claiming that Sri Lankan troops had not committed war crimes and alleging that many LTTE perpetrators in crimes had also been acquitted in court. Foreign experts had concluded that the war crimes allegations against the Sri Lankan armed forces were baseless, Weerasekera told participants at the well-attended side event.

The former military officer’s remarks angered P. Mannivannan of the Transnational Government of Tamil Eelam (TGTE), who called Weerasekera a “war criminal” and urged the Government of Switzerland to arrest the official.

Weerasekera sniped back, insisting on prolonging the argument amidst protest from the head table, with the moderator at the session, Abinaya Nathan, the editor of the Tamil Guardian, to bang her gavel on the table several times to end the back and forth.

Panellists noted that it was surreal to hear war crimes denials from a military officer seated in the UN building in Geneva.

A senior Navy officer and ex-Commander of the Civil Defence Force, Weerasekera was attending an event organised by the Pasumai Thaayagam Foundation in collaboration with Tamil Diaspora groups British Tamil Forum and People for Equality and Relief in Sri Lanka (PEARL) on the sidelines of the UNHRC’s 34th session currently winding down in the Swiss city.

At the event, panellists spoke about the need to implement operative paragraphs 6 and 8 of UNHRC Resolution 30/1 which calls for international participation in the Government’s proposed judicial mechanism to address war crimes.

A few hours later, Rear Admiral Weerasekera entered Room XX of the Palais des Nations to address the Human Rights Council. After long delays, Weerasekera finally read from a prepared 90-second speech,

“The Foreign Minister of Sri Lanka without the approval of the President and the Cabinet co-sponsored resolution 30/1 and accepted the OHCHR Investigation Report on Sri Lanka (OISL),” Weerasekera told the council using time granted to him by the International Buddhist Relief Organisation.

Weerasekera said he was calling on the UN General Assembly to appoint a special rapporteur to “investigate the matter and impose a moratorium on the UNHRC from pursuing the resolution any further until the matter is investigated. Levelling war crimes charges against the very troops that destroyed the LTTE that was using people as human shields and child soldiers was a typical example of the UNHRC’s double standards and hypocrisy,” he added, speaking during the general debate.

The Rear Admiral was also scheduled to speak at a side event organised by the International Buddhist Relief Organisation, but the meeting did not take place.

A reporter from a Sinhalese language newspaper who was accompanying Weerasekera was reported to UN security for taking pictures of Tamil reporters and human rights activists inside Room XX, shortly before the Rear Admiral was due to address the council. His phone was briefly confiscated for security officials to delete the photographs. Activists said the incident was eerily reminiscent of the Sri Lankan Government delegation’s behaviour at the UN building in March 2012, when journalists and officials who joined the state delegation threatened and intimidated activists at the council.

A staunch supporter of former President Mahinda Rajapaksa and his ex-Defence Secretary brother Gotabaya, Rear Admiral Sarath Weerasekera has earned a reputation as a Sinhalese hardliner. He was the only MP in Parliament in April 2015 to vote against the 19th Amendment to the Constitution which reduced the powers of the presidency and restored independent commissions. 

The Need To Legalize ‘Underage Marriages’

By Muhammed Fazl –March 22, 2017

Muhammed Fazl

“When a woman has scholarly inclinations, there is usually something wrong with her sexuality” – Friedrich Nietzsche

The last time I attended a panel discussion on ‘Constitutional Reforms’ where feminist movements were seen ‘moving mountains’ to change divine laws governing Muslim marriages and inheritance among other changes to the Constitution, I couldn’t help but notice such organizations having a sizeable number of staff consisting of members of the LGBTQ community, divorcees, single women etc. While I am of the opinion that what we do define who we are, I sincerely hope my contribution towards addressing a key part of the Muslim Personal Law (MPL) would be taken into serious consideration by all concerned.

As usual, Islam and Muslims of Sri Lanka have come under attack once again. This time, the enemies and their collaborators seem to have adopted a more genteel approach in infringing the rights of Muslims in order to suppress the influence the faith of peace wields. It is said that ‘when India sneezes, Sri Lanka catches a cold’. Coincidence it is or a well-orchestrated stratagem by a devious third party to ‘address’ the issue of MPL simultaneously in both countries, I do not know. But ring an alarm bell it does in the minds of the local Muslim community when attempts are being made to single out the Islamic faith and its adherents by invalidating centuries-old and divine laws while more virulent and present-and-clear dangers to society are ignored.

Times have changed for worse no doubt. fourteen  years or eighteen, if a girl thinks it is her right and engages in a sexual relationship with the opposite sex, there is no further argument there…., ‘cos she is ready for marriage as well! The online activist that I am, to sum it all up, six months ago, I wrote the following on my personal Facebook page and that which was taken down since then by its administrators for reasons best known to them. Extracts of that post are as follows:-

“If a girl has reached the age of puberty, and if she is ready or willing to be married (and not coaxed into), no force on earth should have the power to act against her. End of the day, it is her life and her body. Feminist movements and rights organizations can scream as loud as they wish, but laws of nature does not pay no heed to their hypocrisy.

Living in an age where parents find it ‘cool’ allowing boyfriends to ‘pop the cherries’ of their teenage daughters’ (mostly in non-Muslim families), I somehow find it very hard to digest their hypocrisy when they oppose ‘underage’ (even if matured enough) girls wanting to get married to one man and have a family, secure life etc….

While my grandmother got married when she was 13 and had 11 healthy kids, my paternal aunt too got married when she was 13 and gave birth to 8 kids. They say age is just a number…. and it is. Needless to say, there exist kids aged between 14-16 who are much smarter than 18yr olds and who would even score a lot higher should they be tested for their IQ, general knowledge, common sense and their levels of maturity.

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WOMEN’S AND MINORITY RIGHTS IN SRI LANKA’S TRANSITIONAL JUSTICE PROCESS

The team: Speakers and few others posed for a phtograph after the side event. (c) s.deshapriya.

On Friday 17th March at the 34th session of the UN Human Rights Council, the International Movement Against All Forms of Discrimination and Racism (IMADR), jointly with  Franciscans International and Minority Rights Group International (MRG), held a side event titled “Women’s and Minority Rights in Sri Lanka’s Transitional Justice Process”.

22/03/2017

The event was moderated by Ms. Anastasia Crickley, Chair of the UN Committee on the Elimination of Racial Discrimination (CERD) default_external link. Following three civil society representatives from Sri Lanka, Dr Nimalka Fernando, Ms. Saroja Sivachandran and Ms. Jensila Majeed, Ms. Rita Izsák-Ndiaye, the UN Special Rapporteur on minority issues  shared her findings from the country visit to Sri Lanka in October 2016. When opening the event, Ms. Crickley noted recent changes in Sri Lanka, and she informed the audience that the event aims to identify challenges and steps to be taken at the Sri Lanka’s transitional justice process through the lenses of women and minorities.

WOMEN’S AND MINORITY RIGHTS IN SRI LANKA’S TRANSITIONAL JUSTICE PROCESS.docx by Thavam Ratna on Scribd

The Art of Connection: Two organisations take on reconciliation

Featured image courtesy Amalini de Sayrah

RAISA WICKREMATUNGE on 03/22/2017

As a 16 year old, Nushelle de Silva was entirely unprepared for the experience of seeing Jaffna in its ‘raw state’ during the ceasefire in 2004.

Traveling there on a field trip with her Ladies’ College classmates, Nushelle felt deeply guilty when they visited the Jaffna library, then undergoing renovation, and saw the empty bookshelves.

Yet it was the visit to a graveyard for LTTE cadres that stuck with Nushelle the most. “You don’t realize just how many people have died until you see the immaculate rows of gravestones, and the endless space left behind for those to come. It was eerie and macabre,” Nushelle said.

View this immersive story, compiled using Atavist, here.

Courtesy Search For Common Ground Sri Lanka

Sri Lankan Muslim Clerics Say Women Are Not Equal To Men, Defend Marriage Before Puberty

March 22, 2017 

In an alarming submission made to several parliamentarians and other conservative groups with regard to proposed amendments to the Muslim Marriage and Divorce Act (MMDA), the All Ceylon Jamiyathul Ulama (ACJU) has said that they agree with the Hadith “No people will ever prosper who appoint a woman in charge of their affairs” and therefore a woman isn’t worthy of being appointed a Qazi (judge).

Rizvi Mufthi

The ACJU is the main body of theologians of Muslims in Sri Lanka.

In a brief document dated March 2017 of which the Colombo Telegraph possesses a copy, the clerics have said that therefore they oppose the appointing of female judges (Qazis).

The Hadiths, which was compiled at least 230 years after the death of the Prophet quotes Muhammad the Prophet of Islam as making the statement, the veracity of which has been questioned throughout the Islamic intellectual tradition.

The submission also includes the fact of the marriage of the Prophet to Aisha, of which the contract of marriage was said to have taken place when she was 6 years of age.

It uses the story as a justification for the marriage of girls who have not attained puberty.

Again quoting a Hadith the document says “A father giving in marriage his daughter before attaining puberty is possible and this is the evidence that Abu Bakr (RA) gave Aisha (RA) on marriage to the Prophet (PBUH) when she was 6”.

However, the narration is also a construct of later day scholars although documented in Bukhari, one of the most voluminous of the compilers and considered to be a Sahih (truthful) Hadith.

There has been no other evidence to the effect that Aisha was in fact 6 and that the marriage was consummated when she was 9 except for Hadith, which according to academics was compilation though hearsay. Muhammad is said to have been 53 years at the time.

The ACJU accordingly has made a sweeping conclusion saying they are against any female judge sitting in as a Qazi and that her edicts will be not binding as per the Sharia and will therefore be null and void. Instead the ACJU has sought to confine the female in a consultative capacity.

Adding insult to injury, the ACJU has justified its view using the same justification of Saudi Arabia- saying “It is to protect the rights, honour and modesty of women”.

The head cleric of the ACJU Rizwi Mufti was yesterday on record saying that the MMDA is “perfect in the present state”.

Several organizations including Muslim led civil society groups and the media have highlighted and documented many issues of rural Muslim women suffering as a result of the MMDA, including many instances of child marriage.

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Signs of Elusive Gota going to gallows in Lasantha murder..! Company that sold mobile phones trailed-Full B report…

(Lanka-e-News - 22.March.2017, 11.30PM) Cogent evidence which could send  elusive ex defense secretary Gotabaya Rajapakse to gallows was revealed in court on the 20 th  in connection with the ruthless murder of former Sunday Leader newspaper editor LasanthaWickremetunge  based on additional submissions made by the CID to the Mt. Lavinia court on that day.

This damning evidence was based on the revelations made by two witnesses including former army commander Sarath Fonseka . According to this evidence , during the most corrupt and lawless decade when journalists including Lasantha were attacked and murdered under Kapila Gamini Hendavitharne the chief of National Intelligence who was operating jointly with Gotabaya Rajapakse , there was another group , about which  even the officer of the forces who was in charge  of Colombo operations was unaware.

Information regarding the instruments the murderers wielded , and from which Company  the mobile phones used in Lasantha’s murder were purchased were revealed in court on the 20 th , based on details disclosed in the second post mortem report of Lasantha. The name of the  Co. is Soft logic  which was very closely associated with Gotabaya and became notorious  on account of   amassing  wealth at jet speed under   the lawless  nefarious regime. 

The B report forwarded to court by the CID which gave details is being produced in toto herein for the benefit of the public.

Case No. B 92/09
To Mt. Lavinia magistrate court

In connection with the B report submitted on 2015-03-17  and all the  other additional reports forwarded simultaneously , as well as the final report dated 2017-01-16 relating to the murder of Lasantha Wickremetunge  …

02) Following further investigations into this crime the statements of the individuals  named hereunder were recorded .Based on those statements …..

1. Gardihewa Sarath Chandralal Fonseka (ex Army Commander)  - No. 461 / 08 , Pubudhu place , Welipara , Thalawatugoda.

During the time when the crime was committed , he had not probed into the security affairs , and in Colombo that was under the purview of   defense secretary Gotabaya Rajapakse and National intelligence chief Kapila Gamini Hendavitharne at that time . He received a lot of   information that  there was a group operating  under Hendavitharne . But   he was not aware , while  he was the army commander that Hendavitharne had established a   Tripoli army intelligence para military team  when  he was in Tripoli. 

02. Ajith Manohara Perera (Retired major General )- 66 , Sri Dhammadisi Mawatha , Asgiriya , Kandy.

He said , during the period when this crime occurred , he was the commanding officer for Colombo operations , and he knew nothing in connection with  the crime. Besides , he did not carry out any investigation , and no orders were  received from the high ups of the headquarters to inquire into it.

03. In accordance with  the court directive issued on the last court date  - 2017-01-16 , the court productions were handed over to the government’s  examiner of questioned documents under  H 744 /2016 on 2017-02-13 , and the  relevant memo was forwarded to the honorable court. 

04. The report of the chief judicial medical officer Ajith Tennekoon the medical specialist has been received  relating to  the post mortem examination conducted again after exhuming the body of Late Wickremetunge  ,following the order issued  by court. We also inform  court that this murder has been committed with the use of a powerful instrument and the victim has been attacked  more than three times based on the decision of the three member medical board .

05. We inform that the reports of the examiner of questioned documents and CERT Institution to which the court productions were forwarded have not yet been received.

06. The murderers have used SIM cards , and four of the five phones used were those imported  by Softlogic communication Pvt. Ltd. , located at De Fonseka Road , Colombo 05  , and sold via three of its branches , it has come to light.  Investigations are under way to ascertain who had purchased these four mobile phones ?

07. We therefore request the honorable court to grant us time until the next court date to submit the progress report pertaining to the investigations into the information and the telephone call exchanges unearthed so far.

Signed
Investigation officer and OIC
Special Investigation division
Criminal Investigation department.

Mt .Lavinia magistrate Mohomed Nihar following the submission of the B report postponed the case until the 19 th of June 

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by     (2017-03-22 21:27:09)

It is mandatory for Viyath Maga leader to have his name cleared immediately 

Former Defence Secretary Gotabaya Rajapaksa at the Viyath Maga launch

– Pic by Ruwan Walpola-Thursday, 23 March 2017

My reference is to Niranjan Dissanayake’s piece dated 20 March published under the caption ‘Viyath Maga bashing’ in the FT columns. I will not labour in my response to what I see as an evidently a shabby defence of the Viyath Maga meeting held at Boralesgamuwa. Just a few points:

Dissanayake has resorted to childish attacks on my person (age, lifestyle, etc.) instead of focusing on the argumentative components of my presentation, which originally appeared in the Colombo Telegraph. Attacks on person are a common logical fallacy known as argumentum ad hominem. They are not part of civil and intelligent discourse.

Look at the picture of the meeting at Boralesgamuwa once again. The dominant front row of defeated politicians of the former 10-year-old weary regime tells the story that Dissanayake would not tell.

Gotabaya Rajapaksa admitted he was the one who organised this event. It is simple inference that leads to the reality that Viyath Maga is an attempt to bring back the old regime under the new leadership of the former strongman President’s brother, Gotabaya.

There is no need to beat about the bush by invoking any idea of educated people rising up against the current Yahapalanaya Government. One of the ‘educated’ speakers openly said: “Apata rajek oneh” (“we want a king”).

Dr. Dayan Jayatilleka, formerly of the EPRLF, is now an open and unequivocal advocate for Gotabaya as next President or ‘next king.’ The dole dukha (craving) for a king is shared even by ‘educated’ GMOA members as noticed in the speech of one of that tribe.

Now, there isn’t any quarrel about an attempt to oust the current Government and bring back the old regime under Gotabaya. No legal objection to even bringing back a king. It is up to the people to bring back a king or a devil – whatever! That is part of the democratic process.

My point is that many of these Viyath Maga front-liners including Gotabaya have serious charges ranging from theft, embezzlement, bribery and murder against them, which are being investigated.

A few days ago, the CID officially filed a ‘B Report’ in the Mount Lavinia Magistrate’s Court against Gotabaya Rajapaksa, accusing the latter of having run what is popularly called a ‘death squad’ during the previous regime when he was Defence Secretary. Now this is, plainly, official and on record.

The former Army Commander Sarath Fonseka had, previous to the filing of the B report by the Police, made a similar accusation. He alleged that the former Defence Secretary ran a special intelligence team outside the military line of command and that persons in this team have been named as suspects behind many outrageous murders and assaults. That is also a terribly damning charge.

It is not the function of a Defence Secretary to run a body like that under his charge. I was Additional Secretary Defence when General Sepala Atygalle was Secretary and I know that legal position. The Secretary Defence is never part of the line of command. If Gotabaya had done that, it is outrageous and illegal, while at the same time exposing him to another heavy breach of conduct.

In the above patently-clear circumstances, I would urge the apologists for Gotabaya Rajapaksa to first and foremost have the latter’s name cleared prior to presenting himself as presidential candidate. It is especially mandatory for the alternative leader to do just that and to have his name cleared. He owes it to the public and if he respects law and order he must do just that and right now. Sri Lanka isn’t one of those barbarous African countries. We have a proud

Chagie denied Australian visa over ‘war crimes’ allegations

Unsubstantiated UN claims cited as reason 

By Shamindra Ferdinando-March 22, 2017, 10:49 pm 

Australia has deprived Maj. Gen. Chagie Gallage of an opportunity to visit his brother, an Australian citizen on the basis of unsubstantiated war crimes allegations against the Sri Lanka Army (SLA).

Australia has found fault with Gallage for being in command of the 59 Division from May 7, 2009 to July 20, 2009. In response to inquiries made by Gallage, the Australian High Commission has stated that troops under his command certainly committed war crimes and crimes against humanity.

Maj. Gen. Gallege, currently functions as Director General, Infantry. The officer, who was in the forefront of the war against the LTTE, is widely considered one of best strategists.

The Australian Department of Immigration and Border Protection has extensively cited Report of the OHCHR (Office of the High Commissioner for Human Rights) on Sri Lanka (OISL) to turn down Gallege’s visa. On the basis of OISL report, Geneva adopted Resolution 30/1 to pave the way for foreign judges in a domestic judicial mechanism.

Australia also cited the UNSG Panel of Experts (PoE) report on accountability issues released on March 31, 2011. POE accused Sri Lanka of massacring over 40,000 civilians and depriving the Vanni population of their basic needs.The combined security forces brought the war to a successful conclusion on May 19, 2009.

Australia has cited a statement attributed to General Officer Commanding (GOC) 58 Division Maj. Gen. Shavendra Silva that unmanned aerial vehicles (UAVs) real time footage had been made available to ground commanders marking targets, to justify its decision. On the basis of Maj. Gen. Silva’s statement, Australia has alleged that Maj. Gen. Gallege had been aware of artillery strikes on third no fire zone.

There have never been specific allegations against Maj. Gen. Gallege before.

Authoritative military sources told The Island contrary to Australian assessment, the deployment of Israeli built UAVs was meant to direct attacks on the enemy. Sources said that Colombo based foreign military attaches were invited to Air Force headquarters to observe real time video footage provided at crucial stage of Vanni offensive.

Australia has accused Maj. Gen. Gallege of planning, implementing and supporting war crimes and crimes against humanity. Australia also held him responsible as the serving officer for failing to prevent troops under his command from committing war crimes.

The Australian report, while identifying Gallege as ‘potential controversial visit’, alleges that the SLA committed atrocities even after the conclusion of the war.

Gallege has been screened by Australian authorities following him seeking visa for a month long visit.

Sources pointed out that the decision to accuse Maj. Gen. Gallege of crimes against humanity meant that Australia believed that the Sri Lankan army carried out systematic attacks against Tamil civilians.

Australia has identified the 59 Division credited with wresting control of LTTE Mullaitivu bastion in late January 2009 as one of the formations responsible for war crimes and crimes against humanity.

Formed in Jan, 2008, the 59 Division, deployed on the eastern flank aka the Weli Oya front, fought under the then Brig. Nandana Udawatte’s command for one year to cross the Anandakulam and Nagacholai forest reserves, which served as natural defences for the LTTE Mullaitivu stronghold.

Over the years, the US and some other countries have denied visas to senior commanders on the basis of unsubstantiated accusations. In the case of Maj. Gen. Sudantha Ranasinghe, the US refused to accommodate him on a programme as he commanded the elite 53 Division in peacetime.

The 53 Division killed LTTE leader Prabhakaran.