Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Friday, March 24, 2017

The global burden of


2017-03-24


Twenty-five years ago, the World Health Organization (WHO) declared tuberculosis a pandemic and a global emergency and recommended revolutionary methods to control the disease, which was threatening to engulf the world. Those efforts appear to have paid off. Happily, the incidence (i.e; the number of new cases each year) of new tuberculosis cases has fallen by 1.5% every year since the year 2000 and is 18% lower now than it was in the year 2000, (though this does not apply to some African countries where the incidence is still rising). It is estimated that effective diagnosis and treatment of new tuberculosis cases saved 43 million lives between the years 2000 and 2014. Deaths from tuberculosis (TB mortality) have fallen by 47% since the year 2000


There is no room for complacency, however. Tuberculosis still remains one of the most dangerous infectious killers in the world. Two billion people (one third of the total population of the world) are infected by the tuberculosis bacillus. In other words, they harbour the tubercle bacillus in their body but the organism is kept at bay by their efficient immune systems and is unable to multiply and give rise to the disease. However, these persons though currently healthy, have the potential to develop tuberculosis later in life if their immune systems are weakened - and there are many things in the world that can do so.The most powerful destroyer of the human immune system is HIV/AIDS (Tuberculosis is the leading killer among HIV-infected people with weakened or destroyed immune systems) but no less threatening are famines, malnutrition, alcohol addiction, recreational drug use, diabetes, the steroid class of drugs and anti-cancer drugs which also weaken immune systems significantly. Famine and malnutrition are invariable accompaniments of war and it is not difficult to predict that many lraqi, Syrian, Somalian and Libyan refugees will develop tuberculosis, even after they reach safe havens like Scandinavia.  
6 million people die every year due to HIV/AIDS, Malaria and tuberculosis. Of these, nearly 2 million deaths are due to tuberculosis. Though it is an eminently curable disease, tuberculosis kills nearly 5000 people everyday and 98% of these deaths are in the developing world, affecting mostly young adults in their most productive years (age range 15 - 54 years). Tuberculosis is a leading killer of young women in their childbearing years, especially in Africa. Some of these countries have shown a drop in demographic indices due to a falling birth rate, because would-be mothers are dying of tuberculosis and a drop in the GDP, due to the loss of a significant proportion of the workforce to tuberculosis.  

Tuberculosis especially affects the most vulnerable- the poor and malnourished. Tragically, most of these people live in third-world countries and are least able to afford effective anti-tuberculosis treatment and efficient tuberculosis control programmes. One of the biggest problems in the treatment of tuberculosis is the relatively long period (minimum 6 months) of treatment and the multiple drugs used to treat the disease (a combination of 3 or 4 drugs are used in the initial treatment of tuberculosis). It is essential that these drugs are used in the correct dosage and frequency for the prescribed period, and are of high quality if a cure is to be achieved. Though cure rates of nearly 95% are achievable with the current regimens, in practice the cure rates are far lower and the reasons are many. Patient default of treatment, ignorant doctors, irregular treatment, lack of supervision of treatment, poor-quality drugs, hospitals and clinics running out of drugs, patients having to purchase drugs instead of receiving them free, pilferage and anti-Tuberculosis drugs (which are actually antibiotics) being used to treat other infectious diseases.  
If the poor cure rates were only because of the above reasons, that may have been manageable with better patient and doctor education and better treatment supervision, better quality drugs, tighter hospital security and tighter controls of sales of anti-tuberculosis drugs in the private sector. However, the most frightening aspect of inadequate treatment of tuberculosis is the emergence of Multi Drug Resistant Tuberculosis (MDRTB) and Extensively Drug Resistant Tuberculosis (XDRTB). This is the emergence of resistance to at least Rifampicin and Isoniazid, the two most powerful and most effective anti-tuberculosis drugs used to treat newly-diagnosed patients with tuberculosis. In other words, these two crucially important drugs become totally ineffective due to the development of resistance by the tubercie bacillus. This phenomenon is seen with the abuse of antibiotic, and all anti-tuberculosis drugs which are antibiotics. However, unlike in the case of other antibiotics, where alternatives may be available in the case of antibiotic resistance, the alternative second line drugs available in the case of multidrug resistant tuberculosis are very few, more toxic than first line anti tuberculosis drugs (i.e; anti-tuberculosis drugs used on all new tuberculosis patients with no past history of treatment for tuberculosis), unavailable except in specialized treatment centres and are exorbitantly expensive. In the United States, the average hospitalization cost is approximately USD.285,000 (Rs.42 million approx.) per patient with extensively drug-resistant TB (XDR TB-the most virulent type of multi drug-resistant tuberculosis) and approximately USD 81,000 (Rs.12 million approx.) per patient with Multi Drug-Resistant TB (MDRTB), in 2010 U.S. dollars.
 In a country like Sri Lanka, such treatment regimens would be unthinkable and impossible and such patients would be condemned to a miserable, lingering death. Worse, they may infect family members and other contacts with the same drug-resistant disease before they die. In contrast, the cost of treating a non-MDRTB (non-resistant) patient in the United states is just USD.17,000 but the cost is significantly lower in countries like Sri Lanka, because purchase of high quality anti-tuberculosis drugs by the government is subsidized by the Global Drug Facility (GDF), a subsidiary of the World Health Organization. The cost of treating one tuberculosis patient in Sri Lanka is just Rs.5000 (USD.34 approx.) for the full six month course of treatment, which makes anti-tuberculosis treatment one of the most cost-effective forms of health interventions in this country.  



The tragic fact about the emergence of Multi Drug-Resistant Tuberculosis is that it is entirely man-made. It would be safe to say that if there were no doctors, no anti-tuberculosis drugs and no drug companies in this world, there would be no Multi Drug-Resistant Tuberculosis. Certainly, millions of people would die of tuberculosis -like in the century when no anti-tuberculosis drugs were available - but they would not die of multi-drug resistant tuberculosis. Doctors create MDRTB by prescribing the wrong drugs, wrong dosages and wrong combinations of drugs for the wrong period, because of ignorance and/ or poor training. Patients create MDRTB by prematurely stopping treatment when they feel better, taking lower dosages than prescribed and by taking some of the drugs but not all the drugs that are prescribed (especially when they have to purchase the medication), because naturally, they cannot understand the principles of antibiotic therapy and emergence of drug resistance. Drug companies create MDRTB by manufacturing poor-quality anti-tuberculosis drugs with poor bioavailability and then charging exorbitant sums from the patient. In reality, all anti- tuberculosis drugs should be provided free, as happens at all the chest clinics and hospitals in Sri Lanka. As a matter of fact, some of the best-quality anti-tuberculosis medication in the world (certified by the WHO), with 3 or 4 drugs conveniently combined in a single tablet (fixed dose combinations, so that the patient does not miss taking a particular drug) are available only in government health institutions in Sri Lanka .In other words, the safest and best place to obtain treatment for a newly-diagnosed tuberculosis patient would be a government chest clinic or other health institution in this country.
Equally important, chest clinics and other affiliated health institutions in Sri Lanka are the only places where the patient is actually observed to be swallowing the drugs by a health worker (Directly Observed Treatment Short Course - DOTS), so that there is no doubt that the patient has actually ingested the medication and not thrown it away or secreted it inside his/her mouth to be spat out later. DOTS is possibly the single-most important treatment modality that prevents the emergence of MDRTB, because it ensures compliance with the prescribed treatment. it is also probably one of the major reasons for the declining worldwide incidence of tuberculosis and the dramatic fall in mortality rates by 47% between 2000 and 2014.  

Almost five hundred thousand (half a million) cases of Multi-Drug Resistant tuberculosis are diagnosed every year throughout the world. The majority of these cases are to be found in Eastern Europe, Africa and Asia. The countries with the largest numbers of patients with MDRTB are also some of the poorest, least able to afford the stunningly expensive treatment of nearly 81,000 USD per patient with MDRTB. Even then, cure is not certain because second line drugs used for the treatment of MDRTB are not as effective as first line drugs, are extremely toxic, possess extremely unpleasant side-effects and are unbelievably expensive. It would seem that most of these patients would be condemned to a miserable death but infecting others with the same resistant organism before they die.  

The answer is not the actual treatment of patients with MDRTB but the prevention of the emergence of MDRTB. And how do you do that? Easy- just ensure that your newly-diagnosed patient (family member, relative, friend or domestic) with tuberculosis is given free, high-quality anti- tuberculosis drugs in the correct dosage and correct combination for at least six months, preferably in fixed dose combinations and directly observe him/her swallowing the medication daily. There is a 95% chance that he or she will be completely cured, with an extremely remote chance of a relapse of the disease or of developing MDRTB, at a fraction of the cost of treating a single case of MDRTB.  

Thursday, March 23, 2017

SRI LANKA: I SPEAK WITH SADNESS AS THE TRANSITIONAL JUSTICE AGENDA BEING PLACED ON THE BACK BURNER


Image: Nimalka Fernando speaking at a side event during the HRC 34. (c)s.deshapriya.

By Nimalka FERNANDO.-23/03/2017

Thank you Mr. President,

Sri Lanka BriefI speak as a survivor of the former authoritarian regime. The present democratic space for transitional justice was made possible, because civil society actors and human rights defenders worked hard risking their lives together with this Council and the international community to bring the resolution 30/1 in response to the cries of the victims for justice. The High Commissioner’s report captures the challenges
and frustrations we are facing today. His focus on accountability issues is particularly welcome.

Mr. President, Sri Lanka is now at a crossroads. The forces of pluralism, reform and tolerance are now in pitched battle with the forces of militarism, chauvinism and ethnic hegemony. On both sides of the ethnic divide, electorally unsuccessful elements are busy fomenting divisions, bringing further suffering to victims at times giving false hopes. On the other hand, mixed messages from the leaders of the ruling coalition give rise to an uncertain future for the justice and accountability process.

I speak with a sense of sadness as we experience the transitional justice agenda being placed on the backburner.

The OMP Act adopted in Parliament urgently is now being deliberately stalled. Once again we see the intrusive manner which the security and military have invaded the executive and administrative life of our country. Military run businesses still continue to operate with impunity.

Releases of land are painfully slow. Political prisoners still languish in jail cells. Surveillance and harassment in war affected areas continue unabated. The President’s own party is disavowing the constitutional reform agenda which they were elected to pursue.

Mr. President, now as ever, Sri Lanka requires the sustained attention of the Council. Sri Lanka could one day represent a success story for the Council’s engagement. We have not nearly reached that stage yet. We call on members of the Council and the OHCHR to renew their efforts to encourage the Government to draw up an action plan, implement the pledges, adopt a new constitution to reach political consensus on power sharing and use the two years to build trust among all communities.
We thank you.

(IMADR Oral Statement: 34th session of the Human Rights Council.Item 2: Interactive Dialogue on the High Commissioner’s Report on Sri Lanka. 22 March 2017.)

Rights Group welcomes UN Resolution to keep pressure on Sri Lanka

We look to your continued support – Sri Lankan Government

(March 24, 2017, London, Sri Lanka Guardian) The UK based rights group, Freedom from Torture welcomed today’s decision by the UN Human Rights Council to keep the human rights situation in Sri Lanka under review for a further two years. The resolution adopted today with the support of the Sri Lankan government recognises the need to keep pressure on the government to fully deliver the commitment they previously made on reconciliation, accountability and human rights.
Tania Baldwin-Pask, head of international advocacy at Freedom from Torture, said:
“The government of Sri Lanka has given the international community important commitments to end impunity, deliver justice and build institutions to uphold human rights. The Human Rights Council’s decision to keep the human rights situation under scrutiny helps maintain pressure on the government to fulfil its promises.
“Torture survivors have told us that they believe long-term peace is only achievable if the government brings the perpetrators of human rights abuses, including torturers, to justice. We look to the government of Sri Lanka to use their political leadership to put in place a strategy to deliver real progress on accountability, transitional justice and reform in areas such as the security sector in order to dismantle the structures that allow torture and other abuses to continue happening”.
In 2016, Sri Lanka was the top country of origin for torture survivors referred to Freedom from Torture for clinical services and medico-legal reports for the fifth consecutive year. These referrals include survivors of torture who have been detained since the current government took office in January 2015.
Freedom from Torture has also identified a significant number of people who report being tortured on their return to Sri Lanka from the UK. In his report to the Council, the High Commissioner for Human Rights called on states to ensure that Tamils who have suffered torture and other violations are not returned to Sri Lanka until relevant guarantees are in place to ensure that they will not be subject to further violations.
The human rights situation in Sri Lanka has been reviewed recently by a number of independent experts and bodies at the UN. These include the Special Rapporteur on torture who visited the country in 2016 and concluded that “a culture of torture persists”. The Committee against Torture also reviewed in November 2016 and expressed its concern at allegations of the routine use of torture.
Meanwhile in the statement made by Harsha De Silva, MP., Deputy Minister of Foreign Affairs of Sri Lanka says, “We deeply appreciate the understanding shown by all, and support for Sri Lanka’s processes for promoting reconciliation, justice, and human rights, towards enduring peace and prosperity for all Sri Lankans.”
We reproduced below the complete statement issued by the Permanent Mission of Sri Lanka to the United Nations and other International Organizations in Geneva
Adoption of the Resolution A/HRC/34/L.1 ‘Promoting reconciliation, accountability and human rights in Sri Lanka’
Mr. President,
I wish to thank all the members of this Council and the Observer States for the support that they have extended for the adoption of Resolution A/HRC/34/L.1 titled ‘Promoting reconciliation, accountability and human rights in Sri Lanka’, by consensus.
We deeply appreciate the understanding shown by all, and support for Sri Lanka’s processes for promoting reconciliation, justice, and human rights, towards enduring peace and prosperity for all Sri Lankans.
On January 8th 2015, we made a promise to our people that we will engage and work with all stakeholders including our friends and partners, to uphold human rights, establish rule of law, end impunity, strengthen democracy and good governance, and create the stability and peace required in our country for the prosperity of all our people. We thank the international community for their continued support in this journey. We thank them for placing their faith in our government, and our people, and for walking with us at our side, as we strive to establish ‘Sri Lankan Government-led processes’ with international assistance, engagement and support for the benefit of all our citizens, without discrimination.
We look to your continued support. We also look to the continued support of the High Commissioner for Human Rights and his Office.
  • Resolution adopted without a vote at UNHRC in Geneva 

  • US says Lanka’s cosponsorship testament to Sirisena Govt.’s international engagement, commitment to reconciliation

  • Harsha thanks member states for understanding and support 

  • OHCHR needs $ 362,000 to implement Lanka resolution in 2018-2019

01-11Deputy Foreign Minister Dr. Harsha de Silva at UNHRC sessions yesterday

logoBy Dharisha Bastians in Geneva-Friday, 24 March 2017

The United Nations Human Rights Council adopted a resolution on Sri Lanka for the fifth time yesterday, but the Government will claim a diplomatic victory after it won a two-year extended timeline to establish mechanisms that will deliver justice to thousands of victims and reconcile a country torn apart by a civil war that spanned three decades.

UNHRC Resolution 34/1 titled Promoting Reconciliation, Accountability and Human Rights in Sri Lanka was cosponsored by the Government and adopted by the 47-member Human Rights Council currently in session in the Swiss city of Geneva. For only the second time in five years, the resolution on Sri Lanka was adopted without a vote at the council.

The March 2017 resolution provides a two-year extended timeline for the Government of Sri Lanka to tackle its commitments on post-war reconciliation and allegations of war crimes laid out in the 2015 UNHRC resolution.

Deputy Minister of Foreign Affairs Dr. Harsha De Silva, who is leading the Government delegation in Geneva, expressed Sri Lanka’s appreciation to the council and its member states for the understanding and support for Sri Lanka’s processes for promoting reconciliation, justice and human rights.

“We thank them for placing their faith in our Government, and our people, and for walking with us at our side, as we strive to establish Sri Lankan Government-led processes with international assistance, engagement and support for the benefit of all our citizens,” the Deputy Minister said, delivering the statement of the country concerned shortly before the resolution was adopted last afternoon.


The United States, the main protagonist of Sri Lanka resolutions at the Human Rights Council, presented the draft resolution before the UNHRC yesterday. Sri Lanka’s decision to cosponsor the resolution at the UNHRC 34th Session was testament to the Sirisena administration’s positive engagement with the international community and its commitment to reconciliation and human rights, said US Head of Delegation, William J. Mozdzierz. The US said it hoped the resolution adopted at the session yesterday would ensure the non-recurrence of conflict and strengthen democracy in the island.

The US was joined by the core group of sponsors - UK, Macedonia and Montenegro - and 36 core sponsors, including Sri Lanka.

Addressing the council, the UK’s Permanent Representative to the United Nations, Julian Braithwaite recalled the historic moment in 2015 when the UNHRC adopted the first Sri Lanka resolution by consensus, after years of divisions. Sri Lanka had taken national ownership by cosponsoring the 2015 resolution, Braithwaite noted. The UK urged the Sri Lankan Government to come up with a “time bound implementation strategy” to fulfill its outstanding commitments as laid out in the 2015 resolution.

The Office of the High Commissioner for Human Rights also informed the Human Rights Council yesterday that the office would require funds of up to $ 362,000 to implement the Sri Lanka resolution. According to the Programme Budgetary Implications attached to the Sri Lanka resolution as submitted by the OHCHR, the budget would go towards six missions to Sri Lanka by OHCHR Geneva-based staff, local transportation, security and communications during field missions, the recruitment of temporary staff and conference and translation facilities for the two reports due before the Human Rights Council.

The new resolution calls on Sri Lanka to “fully implement” measures that are outstanding from the 2015 resolution.

UNHRC Resolution 30/1 of October 2015 recommended the establishment of truth-seeking and reparations mechanisms and a special court to prosecute grave crimes committed during the final years of the conflict. It also called for broad legal and security sector reform to improve the country’s human rights situation.

Sri Lanka’s next major report on the progress made on implementing the 2015 resolution by the High Commissioner for Human Rights will be at the council’s 40th Session in March 2019.

The draft resolution also calls for a written report from the High Commissioner at the 37th Session of the council in March 2018.

The final draft of the resolution adopted yesterday contains no significant changes from the zero draft that was circulated among member states of the council earlier this month. 

WE HAD HOPED TO SEE GREATER & MORE SUSTAINED PROGRESS OVER THE PAST 18 MONTHS IN SRI LANKA – USA


Image: William J. Mozdzierz  speaking at HRC 34.

Sri Lanka Brief23/03/2017

Statement of the United States of America as delivered by William J. Mozdzierz at the in  interactive Dialogue on the High Commissioner’s Presentation of Sri Lanka Report.

Thank you, Mr. High Commissioner, for your comprehensive report. The United States also appreciates the Government of Sri Lanka’s cooperation with your Office and relevant special procedure mandate holders.

Since September 2015, Sri Lanka has taken important steps toward implementing its key human rights, justice, and reconciliation commitments. In particular, we commend the government’s public consultations with civil society and victims across Sri Lanka. We also recognize the joint efforts of President Sirisena, Prime Minister Wickremesinghe, and Opposition Leader Sampanthan in drafting a new, more inclusive and democratic constitution, passing legislation to establish an Office of Missing Persons, and ratifying the Convention on Enforced Disappearances.

These reconciliation processes are complex, but we had hoped to see greater and more sustained progress over the past 18 months. While over 4,500 acres of land have been returned to private owners, many thousands of acres seized during the conflict period remain under military control. While arbitrary and illegal actions by security officials appear vastly reduced from the number reported during the previous government, we are concerned by reports of continued arbitrary arrests and detention, torture, sexual violence, and harassment by security officials. Government statements against international participation in any future Sri Lankan judicial mechanism raise understandable concerns among victims and families about the integrity of any judicial process. Yet lasting peace requires that the government remain committed in word and deed to implementing its international commitments fully.

Therefore, we encourage the Government of Sri Lanka to make public a strategy and timetable for implementation of the reforms and commitments outlined in this Council’s Resolution 30/1. Priorities should be reforming the constitution, operationalizing the Office of Missing Persons, passing new counterterrorism legislation, establishing a truth commission, continuing releases of military-occupied land, and implementing fully all outstanding international commitments. The United States looks forward to continued close engagement with the Government of Sri Lanka on these processes to achieve lasting peace.

Thank you.
Human Rights Council 34th session,
Geneva, March 22, 2017.
US Mission Geneva

Sri Lanka gets two years time to implement 2015 UNHRC resolution on ethnic reconciliation


Harsha de Silva speaks during a press conference in Colombo. (File | AFP)

By PK Balachandran  Published: 23rd March 2017  
COLOMBO: The UN Human Rights Council (UNHRC) on Thursday unanimously gave Sri Lanka two years’ extension to implement the September 2015 resolution on ethnic reconciliation and accountability
for alleged war crimes.
As per the new timetable, the High Commissioner for Human Rights would give a written update to the council at its 37 th session in March 2018, and a comprehensive report at the 40 th session in March 2019.
Among other things, Resolution 30/1 of September 2015, called for the establishment of a judicial mechanism having foreign as well as Sri Lankan judges and prosecutors. Though Sri Lanka had co-sponsored that resolution as well as Thursday’s follow up, it has not agreed to have a hybrid court with foreign judges also.
Making this clear after the resolution was passed on Thursday, the Sri Lankan representative Dr.Harsha de Silva that Sri Lanka is striving “to establish a Sri Lankan Government-led processes with international assistance, engagement and support.”
He made no mention of a hybrid court with foreign judges, though the High Commissioner for Human Rights, Prince Zeid and the US representative William J.Mozdzierz had stressed the need for it. Before the resolution was passed, de Silva said that Sri Lanka would accept “foreign expertise” not foreign judges.
  1. Thursday’s brief resolution welcomed the positive engagement between the Government of Sri Lanka and the High Commissioner and the Office of the High Commissioner since October 2015, as well as the relevant special procedure mandate holders. It encouraged the continuation of that engagement in the promotion and protection of human rights, truth, justice, reconciliation and accountability in Sri Lanka.
  2. It requested the Office of the High Commissioner and relevant special procedure mandate holders, “in consultation with and with the concurrence of the Government of Sri Lanka”, to strengthen their advice and technical assistance on the promotion and protection of human rights and truth, justice, reconciliation and accountability in Sri Lanka.
  3. It requested the Office of the High Commissioner to continue to assess progress on the implementation of its recommendations and other relevant processes related to reconciliation, accountability and human rights in Sri Lanka, and to present a written update to the Human Rights Council at its thirty-seventh session (in March 2018), and a comprehensive report followed by discussion on the implementation of resolution 30/1 at its fortieth session (March 2019).
Therefore Sri Lanka gets two years’ extension to implement resolution 30/1 passed in September 2015.

TISL Breaks Ground: Publishes Financial Statements of Political Parties

TISL Breaks Ground: Publishes Financial Statements of Political Parties
 Mar 23, 2017

Transparency International Sri Lanka (TISL) has recently succeeded in utilising the Right to Information (RTI) Act to request and obtain political party financial statements, as filed with the Election Commission of Sri Lanka.

For the first time in Sri Lanka, the political party financial statements are publicly available and can be viewed here. Not only will this information allow for greater scrutiny of party finances, it will provide a platform to generate much-needed discussion on the need for regulation of campaign finances. TISL encourages the public to access this information and utilise it in the spirit of Open Government.
The Election Commission’s compliance with TISL’s RTI request serves as a model example of compliance with the RTI Act. TISL filed requests for the annual financial reports of the political parties submitted to the Election Commission, during the period 2012-2016. In adherence with the RTI Act, the Election Commission responded with the prescribed fees payable to obtain this information. Subsequent to the payment of fees, the Election Commission provided the requested information within the prescribed 14 working day time frame.
The receipt of political party financial statements was made possible by Sri Lanka’s long anticipated RTI Act, which came into force in February 2017. The RTI Act represents a significant democratic checkpoint for Sri Lanka, which can lead to a reinvigorated social contract between citizen and the state. TISL has been a long-time advocate of RTI and has used the new RTI Act to file public interest RTI requests with a variety of public authorities which can be viewed here.
The passage of the RTI Act is in line with the government's ambitious commitments as set out through the Open Government Partnership (OGP). The Sri Lanka OGP National Action Plan (NAP) can be viewed here.

RELIGIOUS LEADERS CANNOT BE TRUSTED TO REFORM MMDA – WAN


Image: A Muslim woman walks past a cooking fire along a road during Eid al-Fitr in Colombo, Sri Lanka, August 8, 2013.© 2013 Reuters/HRW.
Sri Lankan Muslim Clerics Say Women Are Not Equal To Men, Defend Marriage Before PubertySri Lankan Muslim Clerics Say Women Are Not Equal To Men, Defend Marriage Before Pubertyi

Sri Lanka Brief23/03/2017

Women’s Action Network (WAN*) is appalled and deeply disappointed by recent statements by Rizwe Mufthi, President of the All Ceylon Jamiyathul Ulama (ACJU) in a recent interview, that the Muslim Marriage and Divorce Act (MMDA) is “perfect in the present state” and does not require changes. With religious leaders invoking tradition to block fundamental rights, WAN calls on the State to step in and ensure that Muslim women and children are not second-class rights holders in Sri Lanka.

Rizwe Mufthi and another senior member of the ACJU are members of the Committee on Muslim Personal Law Reforms headed by Justice Saleem Marsoof, which was established by the then Minister of Justice in 2009. As Committee member, the ACJU has been part of the deliberations for the past 8 years to introduce reforms to Muslim personal law. Mufthi’s recent statements raise significant concern that the ACJU has misled the Committee and the Muslim community, whom they claim to represent, into believing that substantive legal reforms to the MMDA were being deliberated.

Rizwe Mufthi’s statement does deep disservice to the efforts of the committee.  It also does deep disservice to the expectations of Muslim women and girls who have faced and continue to face injustice due to the MMDA.

WAN is of the firm belief that it is both the MMDA and its implementation that allow for unequal and unjust treatment of Muslim women and girls, such as allowing child marriage, treating adult women as minors to strip their autonomy, restricting women from state-salaried positions such as becoming Quazi judges, setting forth unequal divorce provisions for men and women, allowing unconditional polygamy, among other concerns.  Contrary to the ACJU’s statements, the problem is not merely one of implementation, but problems with the law itself.

WAN has met with ACJU on multiple occasions to share these concerns, alongside Muslim women’s groups in our network and directly affected women, including survivors of child marriage.  At each of these meetings, ACJU representatives expressed concern and vocalized their commitment for reforms of the MMDA. This recent statement runs counter to previous commitments, raising doubt as to whether ACJU’s commitment to reforms is genuine. We are disheartened by Mufthi’s comments, which do not reflect the views of affected Muslim women.

The recent statement coupled with ACJU’s inaction towards reforms are a clear indicator that ACJU cannot claim to represent the interests of the entire Muslim community, which is diverse in ethnicity and religious ideologies. The ACJU’s extreme and rigid position on legal reform shows the regressive nature of their perspectives. WAN is of the firm belief that actors who are unable to win the trust and confidence of its own community should be disqualified from serving on a Committee meant to usher in positive changes.

WAN also notes that in the recent past ACJU’s and other Islamic religious groups’ position on the MMDA has been used to justify attacks against any pro-reformists, especially Muslim women who work closely with those whose fundamental rights have been denied by the MMDA and Quazi court system. ACJU’s extreme and rigid position has also radicalized Muslim youth, making them believe that the MMDA reflects Sharia law and therefore cannot be touched.

The ACJU’s recent statements show that it is not guided by the best interests of Muslim women and children but rather, are standing as a roadblock to Muslim women’s equal rights and access to justice in Sri Lanka. Given this reality, WAN calls on the government to intervene and lay down non-negotiable conditions for reform, such as setting a minimum age of marriage for all citizens at 18, and ensuring state-salaried positions are open to women, among other issues. With much anticipation for promised reforms, the state must do its duty for all its citizens, including Muslim women and girls.  It is time for the State to act like the State and protect the rights of all Sri Lankans, including Muslim women and girls, from those who seek to allow injustice in the name of religion!

*WAN is a collective of 8 women’s organizations working in the north and east.

Switzerland Urged to Exercise Universal Jurissdiction to Arrest Visiting Ex Sri Lankan Admiral for War Crimes: TGTE

Switzerland Urged to Exercise Universal Jurissdiction to Arrest Visiting Ex Sri Lankan Admiral for War Crimes: TGTE

- Mar 23, 2017

In his report to the UN Human Rights Council on Sri Lanka, UN Rights Chief Urged Countries to Exercise Universal Jurisdiction to Prosecute War Crimes.

Transnational Government of Tamil Eelam (TGTE), have urged the Government of Switzerland to exercise Universal Jurisdiction to arrest visiting Sri Lanka’s retired Rear Admiral Sarath Weerasekara for War Crimes and Crimes Against Humanity committed against Tamils during his time as Rear Admiral of the Sri Lankan Navy.
It is not clear whether Sri Lankan Government will step in to protect retired Rear Admiral Sarath Weerasekara under diplomatic cover, since he belongs to the opposition political party led by former President Mahinda Rajapakse.
In his report to the UN Human Rights Council on Sri Lanka, the UN High commissioner for Human Rights have urged countries to: “Wherever possible, in particular under universal jurisdiction, investigate and prosecute those allegedly responsible for such violations as torture, enforced disappearance, war crimes and crimes against humanity;”
Sri Lankan Navy was accused by several International Organizations as involved in numerous acts of abuses amounting to war crimes and Crimes Against Humanity. Retired Navy Rear Admiral Sarath Weerasekara, in addition to leading Sri Lankan Navy in Tamil areas, also served as the first Director General of the newly formed Civil Defence Force, which replaced the Home Guards in the East of Sri Lanka.
Here are some information on Civil Defence Force that was headed by Rear Admiral Sarath Weerasekara:
The Office of the High commissioner for Human Rights (OHCHR) investigation into Sri Lanka (OISL, 2015) describes the Civil Defence Force (CDF) as one of the three civilian forces alongside the National Intelligence Bureau and the police. It replaced the Home Guards (who have been accused of human rights violations, some of which were documented by the Scandinavian ceasefire monitors, SLMM), and was a paramilitary force. In 2007, CDF was officially inducted as part of the country’s defence establishment and went from a force of 19,000 home guards, to 42,000 Civil Defence Force members . The CDF is named in the UN’s OISL report in respect of 11 alleged perpetrators from the force of sexual violence .
Para 623 OISL: “Fifty-eight alleged perpetrators are accused in the 39 [sexual violence] cases, five cases having multiple accused. Thirty-two are members of the SLA; 13 are Police (five of whom were subsequently discharged and acquitted); one is from the police Special Task Force; one is SLN; 11 are Civil Defence Force members (of whom nine were discharged and acquitted).” Only one of the 58 accused is on remand, the rest having either been discharged and acquitted or allowed bail.
http://world.einnews.com

logoFriday, 24 March 2017

I don’t often quote the United Nations (UN). Not because they don’t say sensible stuff. But because their sound bites are not as memorable as that which their opposition – rogue states, global terrorists – says. Because the UN, like any international humanitarian organisation, is stretched like a taut laundry line full of dirty linen being washed in front of a planetary public. Which is to say that the best-intentioned world leaders are hung for humanitarians as much as for hypocrites, perhaps? With that said, however, some maxims and watchwords which our worldwide watchdogs craft alone at midnight while nations sleep are worth examining in the cold light of dawn… like this…

10-111LIBERTY OF AN INDEPENDENT WILD ASS – Whatever happened to the spirit of Voltaire (“I may disagree with what you say, but I will defend to the death your right to say it”)? Well it may be subsumed by the zeitgeist of Wilde (“I may not agree with you, but I will defend to the death your right to make an ass of yourself”)! Freedom of speech may not protect one from the consequences of saying stupid stuff. Facebook’s worldview is not the weltanschauung of government. But it’s the beginning of a slippery slope to perdition when defenders of the faith in good governance – even when bad, ugly, or plain mediocre – tread the primrose path with propagandising their blue-eyed boys… privileging spin against truth, prioritising prosperity gospels over peace with justice


“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.” Well, all right, it’s not hypocritical hyperbole; but rather, an integral part of the UN’s “Universal Declaration of Human Rights.” And, the reason I bring it up is not for love of idea or ideology; rather that the sentiment seems to lack a certain appeal to defenders of human and other rights in the blessed isle over which the sun is shining again.

Or is it? In last week’s column, I argued along the lines that I knew were not going to win me any popularity contests with the present powers that be. The argument went something like this:
  • That political stability is bringing in plenty of support from stakeholders of Sri Lanka on the macroeconomic front. YES.

  • That this renewed and revitalised interest in our island-nation’s growth, development, progress, would suffice to dispel the rain clouds under which we have laboured so long. FALSE.

  • That over and above (or least in tandem with) international investment inflows, there must be a more sterling commitment to transitional justice and all its trappings by our stalwart constitutionalists. TRUE.

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True to form, the powers that be remained silent. At least, as far as one could tell… Being apathetic to critical engagement and agnostic to anyone outside the ranks of Tuscany who seem to have the national interest as much at heart as themselves has for too long been the prerogative of our pathetically myopic patriotic leaders! Be that as it may, the hound-dogs and the hyenas who pass for the hosanna-chanting hallelujah chorus of our present mix of political masters didn’t hold their peace.

Perhaps predictably, they took umbrage against the circus which provides some of them with their daily bread. For daring to raise a voice in the wilderness that is the free media and shake a clenched fist at the war they make and call it a just peace, sweet reason seemed to desert even my erstwhile friends in the former palaces of justice and righteousness. For impugning the motives of the Mikado and his Lord High Poo-bah – to say nothing of the mandarins who swim like minnows in a small pond filled with sundry sharks – my interlocutors on social media skewered and spit-roasted me: a minnow in the larger scheme of macro matters.

I was named as being nuts. The blessed appellation of ‘prophet of doom’ was less than lovingly bestowed upon my camel hair-attired locust-eating person. Some even went as far as to nominate my humble ideas about prioritising Peace With Justice over the Prosperity Gospel as a “rant”… here’s some of what I said in response to them…

“Good if my effervescent Facebook pals or chums would accept my ‘rant’ to counterpoint their daily ‘rave’ about the socioeconomic miracles we are presently experiencing. There is – one hopes – more to the ‘new social deal’ we contracted with the powers that be than GDP, FDI, RTI. Such as fast-tracking responsible inclusive constitutional reform as well as developing a reasonable instrument to communicate the political gravitas no one really feels anymore.”

My reply was greeted with mixed feelings. The spin-meisters said that I should please excuse their enthusiasm for the prosperity gospel because they’re the “glass half-full” kind of people (or drained to the dregs, so that to the world they seem full of it). Some counter-propagandists who saw the value in critical engagement encouraged myself and other gadflies like me to persist with the point, counterpoint; because government – like too many other avatars of a few good men doing their own things – is often able to accomplish their agenda through “smoke and mirrors”.

Now, gentle reader, lest you begin to harbour doubts (not of the Hambantota port debacle type!) about whether this is principled or personal, let me assure you that it is both… 

On the one hand it is personal

As I have said a mouthful, let other thinkers be my mouthpiece in the case…

“Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.” (John Milton, ‘Areopagitica’.)

“Because if you don’t stand up for the stuff you don’t like, when they come for the stuff you do like, you’ve already lost…” (Neil Gaiman, possibly paraphrasing Dietrich Bonhoeffer.)

“My own opinion is enough for me, and I claim the right to have it defended against any consensus, any majority, anywhere, anyplace, anytime. And anyone who disagrees with this can pick a number, get in line, and kiss my ass.” (Christopher Hitchens, paraphrasing this columnist’s hostility to the chummy hypocrisy of the hallelujah chorus.)

On the other hand it is principled 

Since quoting others works for me, let it suffice for you also, dears!

“If liberty means anything at all, it means the right to tell people what they do not want to hear.” (George Orwell, recognising that all political animals are created equal, but some are created more equal than others?)

“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” (Well, we can all tell Harry Truman – the late president of a democratic republic – that we’re past all that… And, we’re just about getting our act together as a democratic republic ourselvesto bring those – the former secretaries of a rigorous dictatorship – who perpetrated such a reign of terror to justice – if only realpolitik doesn’t rule the day – But there’s a thin line between oppressive powers censoring their people with brute force and their propagandists silencing government’s critics with unfriendly bullyingusing invective and insinuation: It’s the principle of suppressing opinions inimical to yours.)

“If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.” (George Washington, thank God, didn’t have to face the fury of friends of the powers that be on Facebook! Being facile, folks, so lighten up a bit, please.)

“To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public.” (Will someone tell the Prime Minister that all the Prime Minister’s plans and all the Prime Minister’s policies are not as praiseworthy as all the Prime Minister’s men make them out to be? Teddy Roosevelt has spoken!)

If the powers that be – to say nothing of their propagandists and spin-meisters can’t see that, don’t want to, won’t, then we’ll be all harbouring doubts (of the return to power of the Humbugstota port clan?) till kingdom come. Better if the best of the bad lot – the democrats – buckle up, bite down the bile in their rising gorge, chomp on the bullet – and admit that even gadflies like yours truly have a place in their burgeoning economic miracle. If it goads them… good… for maybe the Mikado at least might realise that we’re on the side of the angels!

Under the Grand Panjandrum of the bad and ugly past, sticks and stones would break our bones, those of us who expressed dissent which degenerated into dissidence, even if our heads were bloody but unbowed under the bludgeoning of law, mobs, hit squads. Under the rule of men more peaceful and peaceable if not justifiable, words can only hurt… us – and them… but the problem is that in a dispensation where difference of opinion is still treated as treason, nothing transformational can take place in the old political culture leave alone a new social contract.

Least said, soonest mended maybe – but the more said about how we need not just an economic miracle (as the likes of Eran would have us believe) but a transformational experience (as the likes of Sumanthiran have advocated), the better. In fact, “both are better”. Fie on those who think one advocacy or belief trumps the other. Everyone knows GDP and the prosperity gospel of FDI and GSP Plus alone won’t – can’t – hack it… Everyone, that is, except the powers that be and the economic pariahs who pelt the passing caravanserai of critical engagement with sticks and stones and hurtful words. Shame be on him who thinks evil of critical engagement or prophecies of doom when Sri Lanka now, as not then maybe, is looking down the barrel of boom without peace with justice, and thereby bust… trickle-down? (In the long run, we are all dead.)

Chagie’s visa application under consideration – AHC

Application submitted in Sept. 2016

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By Shamindra Ferdinando- 

The Australian High Commission yesterday said that no final decision had been taken in respect of Maj. Gen. Chagie Gallage’s visa application.

Veteran Gajaba Regiment officer is Director General of Infantry.

The Australian High Commission was responding to The island query whether any other Sri Lakan military officer had been denied visa over unsubstantiated war crimes allegations.

A spokesperson for the HC said that Maj. Gen. Gallage’s application ‘remains under assessment.’

Asked whether current Australian stance on alleged war crimes/accountability issues remained until the outcome of proposed UN supervised investigations into war crimes and crimes against humanity, the spokesperson said that the HC wouldn’t comment further on this or any other visa matter relating to Sri Lankan military officers.

Commenting on the latest Geneva Resolution on Sri Lanka, the spokesperson said: "The Australian Government is pleased to have joined the Sri Lankan Government and others this week in co-sponsoring UN Human Rights Commission resolution on promoting reconciliation, accountability and human rights in Sri Lanka.  Australia recognises the progress made so far by Sri Lanka in these areas, but recognises also the need for more work to implement Sri Lanka’s commitments on transitional justice."

However, well informed sources told The Island that Maj. Gen. Gallage’s applied for visa last September to visit his brother in Dec. 2016-January 2017. Sources said that Gallage’s brother, an Australian citizen of Sri Lankan origin had visited Colombo especially to make representations to the Australian HC. Following that meeting the Australian department of Immigration and Border Protection issued a report titled ‘Potential Controversial Visitor’ citing war crimes and crimes against humanity as reason for denying Gallege a visa.

Australians found fault with the Maj Gen for commanding the 59 Division on the Vanni east front.

My (Typical) Pera Story: A Response


Colombo Telegraph
By R.P. Gunawardane –March 23, 2017
Prof R.P. Gunawardane
I was alarmed and deeply concerned after reading Mr. Sarath Bandara’s (typical) Pera story about his difficult path to become a doctor in Sri Lanka. He says typical probably because this is the normal path taken by most of the students in Sri Lanka. His article highlights general issues regarding getting a good school for secondary education, university admission process, and particularly the delays in each step from O/L exam through university admission, internship appointment and beyond. In my response, I will deal only with the delays in each of these stages. All these delays are avoidable if suitable action is taken by the Ministry of Education, the UGC, universities and the Ministry of Health.
Due to the current set up in Sri Lanka, bright students like Mr. Bandara would have wasted about 7-8 years of his prime time between O/L exam and beginning of his internship in the medical career. Even after that he has a long way ahead to become a medical consultant. In Mr. Bandara’s case, he will be 32 years old when he starts his internship. Then there will be another waiting period for his post internship appointment, followed by exams and foreign training. Even after foreign training component, he may still have to wait for a considerable period for his consultant appointment. By that time, he will be around 40 yrs. of age having only 20 years to serve the nation, after nearly 35 years of continuous school education, university education and professional training. This is a pathetic situation prevailing in Sri Lanka today.
In most of the other countries such delays do not exist. As such even our students with best A/L results tend to go abroad if their parents can afford it. For example, in USA most students enter universities when they reach about 17 years. In USA, most professional programs are conducted at graduate level. For instance, medicine, dentistry, veterinary science and even education are conducted as postgraduate courses. In the case of medicine, you need to follow an undergraduate program which includes pre-medical requirements prior to admission to medical school. Then, they should pass MCAT (Medical College Admission Test) to apply for a medical school. Total period of the first degree and MD program is 8 years. Thus, they will be about 25 years when they complete MD. Their internship is combined with specialized training to become consultants. This training lasts for 3-5 years depending on the specialty, except in highly specialized fields such as cardiac surgery, neuro surgery, plastic surgery etc. which may take 6-10 years. For example, one can become a consultant physician at the age of 28 years and a consultant dermatologist at the age of 29 yrs. The situation is similar regarding the average ages of the medical professionals in most of the other developed countries and even in some developing countries. This means that Mr. Bandara from Sri Lanka spends over one decade more than an average medical professional in any other country to become a medical consultant!
As mentioned earlier, such long delays do not exist in most other countries. As such there is a greater tendency now for our students with even the best A/L results try to gain admission to foreign universities for medical degrees provided their parents can afford it.
In most countries students apply for admission to universities in their final year in the high school so that they do not lose time. Similarly, medical students apply for internship and specialization programmes in their final year in the medical school so that they can start combined internship and specialization immediately after graduation. They have a highly organized and coordinated systems with a fixed calendar to administer these activities annually.
During the period 2000-2004 some concrete measures were taken to reduce waiting times of students at different stages (see this author’s article on “Why GCE A/L Exam should be held in April?, Colombo Telegraph & Island, October 28, 2016), and to minimize delays in release of exam results in Sri Lanka.. Action was also taken at the same time to expedite and synchronize university admissions. Since then this aspect has been completely ignored and no coordinated action has been taken regarding this matter during the last decade.
For medical graduates the delays occur in the following stages without considering delays arising due to strikes and other disruptions in the university system:
  1. After GCE O/L exam and before A/L classes begin (9 months)
  2. After A/L exam and before the selection to university (1-2 years)
  3. After selection and before actual admission to the faculty (1-2 years)
  4. After Final exam and before internship placement (1-2 years)
  5. After internship and before permanent appointments (6-9 months)
At least in No. 5 above the officers are paid their salaries during this period, but their professional advancement is delayed. As in Mr. Bandara’s case the total period of delay from numbers 1-4 listed above is about 7-8 years.
It is a national crime to waste many productive years and precious time of our most talented young generation due to inaction of our authorities. Thus, it is absolutely essential to implement an action programme to reduce this time lag to a minimum without any further delay. A dedicated and a highly coordinated effort is need in this direction with the active participation of Ministry of Education, Ministry of Health, UGC and the universities. Furthermore, it is also essential that all the medical faculties have the same fixed academic year so that internship appointments can be streamlined and expedited.