PEARL releases report on impunity and the Kumarapuram massacre at Human Rights Council session

People for Equality and Relief in Lanka (PEARL) released its most recent report, "Impunity reigns in Sri Lanka: the Kumarapuram Massacre and Acquittals" during a side session during the Human Rights Council session in Geneva on March 20.

04 Apr  2017

The side session featured a panel discussion including Dharsha Jegatheeswaran, Human Rights Director of PEARL and Senior Researcher of the Adayaalam Centre for Policy Research, Niranjala Arulanandhy, Legal Coordinator at the Centre for Human Rights and Development, Father Sebamalai, the Director of the Mannar Citizens' Committee, and Dr. Kate Cronin-Furman, human rights lawyer and transitional justice expert. The panel was moderated by Abinaya Nathan, Editor-in-Chief of Tamil Guardian. 

The panelists discussed the lack of implementation of operative paragraph 6 (OP6) and operative paragraph 8 (OP8) of HRC Resolution 30/1, which commit the government of Sri Lanka to establish a credible accountability mechanism featuring international involvement and to security sector reform, respectively.

Ms. Jegatheeswaran spoke about the lack of progress on OP6 through the lens of the Kumarapuram massacre describing PEARL's report which she-co-authored, while Ms. Arulanandhy considered OP6 using the example of the Mirusavil massacre. Both panelists concluded that there was a critical need for significant international involvement in the form of a majority of judges, prosecutors, and investigators in order for any accountability mechanism in Sri Lanka to be credible. They both spoke on issues with the domestic legal system including politicization of the Attorney General's department, lack of credible police investigations and lack of political will in the government for accountability. 

Father Sebamalai spoke about security sector reform in the context of militarization in Mannar, pointing to numerous examples of ongoing occupation of private lands by the military in the area. Dr. Cronin-Furman joined over skype to point out the necessity for security sector reform as a part of transitional justice processes and to create the environment conducive for accountability mechanisms.

From the audience, former navy officer and Rajapaksa ally, Rear Admiral Sarath Weerasekara, read out a statement during the question and answer session of the event, denying that war crimes had been committed by the Sri Lankan Army. While the panellists responded that the need for accountability had long been established, another audience member said in an intervention that Weerasekara himself was a war criminal and should have been arrested by the Swiss government.

Angered by the remarks, Weerasekara accused the commenter, a member of a Tamil diaspora group, of treason, and shouted "I have given my blood to the Tamil people, have you done that?" The Admiral left the event after being forced to end his tirade by the chair. A reporter from a Sinhalese language newspaper who was accompanying the admiral took close up photos of the panellists in a manner that reflected military intimidation and surveillance tactics in Sri Lanka. The reporter was several times reported to security during the council session and forced to delete photos of Tamil activists and journalists from his phone.

See also UNHRC final week gets dramatic as pro-Rajapaksa ex-military officer makes appearance (Daily FT)

Impunity-Reigns-in-Sri-Lanka-The Kumarapuram Massacre and Acquittals.pdf by Thavam Ratna on Scribd

Sri Lanka: Pot calling the Kettle Black?

“Oho!” said the pot to the kettle;
“You are dirty and ugly and black!
Sure no one would think you were metal,
Except when you’re given a crack.”

“Not so! not so!” kettle said to the pot;
“‘Tis your own dirty image you see;
For I am so clean – without blemish or blot –
That your blackness is mirrored in me.” – St. Nicholas Magazine 1876

( April 5, 2017, Melbourne, Sri Lanka Guardian) The Sri Lankan Judiciary’s independence is yet again under Public scrutiny through the appointment of a Tamil lawyer to the position of High Court Judge. Immediate past President of Sri Lanka states in this regard:

[Minister of Justice Wijedasa Rajapakshe had informed the Judicial Services Association that a certain political party had on an earlier occasion requested of him that Mr Ramanathan Kannan be appointed to the High Court – a request he had turned down. The appointment of a judge on a recommendation made by a political party would have struck at the very foundations of judicial independence. Mr Kannan has been appointed to the High Court over the heads of dozens of senior members of the judiciary and officials of the Attorney General’s Department. The Judicial Services Association has pointed out that if the need was to appoint a Tamil speaking judge for the North and East, the District Judge of Vavuniya D.L.A.Manaf would have been the most qualified candidate. Nobody would have objected if a Tamil speaking candidate of suitable seniority and competence had been selected for this position from within the judicial service or the AG’s Department.] the Hon Mahinda Rajapaksa – through Colombo Telegraph article ‘Irregular Appointment Of High Court judge Threatens Independence Of The Judiciary’]

One is reminded of the dismissal of the then Chief Justice Dr. Shirani Bandaranayake who was appointed by Mr. Mahinda Rajapaksa when he occupied the seat of Executive President of Sri Lanka. Was that dismissal Political or Administrative? One who is yet to admit that it was political lacks the authority to criticize his successor except through her/his Truth.

The Constitution of Sri Lanka provides as follows:

Independence of the Judiciary
Appointment and removal of Judges of the Supreme Court and Court of Appeal.

107. (1) The Chief Justice, the President of the Court of Appeal and every other Judge, of the Supreme Court and Court of Appeal shall be appointed by the President of the Republic by warrant under his hand.

(2) Every such Judge shall hold office during good behaviour, and shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of Members of Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehaviour or incapacity :

Provided that no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity.

(3) Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of a such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of such Judge to appear and to be heard in person or by representative.

On the face of reported evidence, the appointment of his honor Justice Ramanathan Kannan, is within the above provisions of the Constitution. Even the President does not have the authority to cancel such appointment through Due Process. It is NOT merit based appointment as per one’s credentials within the Administration of Law.

Mr. Mahinda Rajapaksa on the other hand considers seniority within legal administration to be the basic criterion needed for such promotion:

[Nobody would have objected if a Tamil speaking candidate of suitable seniority and competence had been selected for this position from within the judicial service or the AG’s Department]

But the above has no base in the Constitution. When on the other hand one goes to the dismissal process – outlined in the Constitution, one is able to appreciate the built-in mechanisms to protect the Sovereignty of the Judiciary:

(1) Essential criterion to commence dismissal procedure – Misconduct or Incapacity
(2) Process must include: An address of Parliament supported by a majority of the total number of Members of Parliament (including those not present)
(3) Notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity
(4) Order of the President

The Independence of the Judiciary from the Executive is protected also through the absence of merit in legal Administration and/or technicality. The role of the Executive is to ensure that the Common structure on which the two branches of Governance are developed is not damaged by such appointment. Hence if the Bar Association and/or the Judicial Services Commission makes recommendations – the President has the duty to eliminate consciously all components of legal merit based assessments. This places a ceiling on the use of Judicial Services to present cleverness. To the extent one shows cleverness beyond the needs of Public it becomes private and attracts ‘foreigners’.

When the President makes the appointment – it is expected to be as per her/his belief in the goodness of the person being appointed. If this belief is shared with other politicians or v.v. – then that satisfies the above fundamental requirement. A politician is taken to have acted as per her/his belief until known otherwise. Hence to the extent a politician and/or political party made the recommendation – that is well within the fundamentals of the Constitution. In Sri Lanka, when that person is of a minority race, appointed by President who is of majority race, it confirms independence through affirmative action. That was NOT the case with the appointment of Dr. Shirani Bandaranayake.

The dismissal process confirms the special need to protect the independence of the Judiciary by using merit basis as known to the Executive rather than belief which confirms independence. An action based on true belief is wholesome. It is a basic human right to be heard through belief. Hence the need for special parliamentary approval.

Nallur fishermen struggle for land rights

Apr 05, 2017

The Northern fishermen have been continuously protesting and demanding the government to provide them land in the coastal areas and allow them to engage in their fishing activities peacefully. These fishermen urge the government to confiscate the Indian fishing vessels that encroach on Sri Lankan territorial waters but release the Indian fishermen.

However, despite their grievances being brought to the notice of all concerned and with no solutions in sight and no one coming forward to help these people, recently the Northern fishermen went to the Nallur temple and issued a statement citing their grievances and the pathetic plight they are in. Their intention in doing so was to get the attention of the UN and all concerned officials, through this media coverage and as a result seek solutions to their issues.

This is the Nallur Declaration, Declaration of Land Campaigners to win land rights in Sri Lanka 
Around 50 members of the following communities Panama, Irudeniyaya, Pulakkudiruppu,Sampur, Valikamam North,(Myleddi),Keppapliawu,Kalpitiya, Colombo Port City, Pelawatte,Pallimunai, Ashrof Nagar &Mullikulam gathered in Chunnakam from 2nd to 4th April, to share our experiences and reflected upon our own struggle. They said , We are the representatives and active members of the above mentioned communities engaged in the continuous struggle in obtaining the right to exercise our land rights, hereby declare our expectations. Many of us lost our houses, our agriculture lands and our coastal fishing areas due to war and enforced economic policies. Businesses and security forces are occupying our ancestral land and restrict our livelihoods.

We as citizens of Sri Lanka were awaken with hope by the change that was brought by the majority of people on 8th of January 2015. Many times the Sri Lankan Government promised to release our lands and coastal areas but they never kept their promises.
Their demands:
We want our basic needs fulfilled and infrastructure developed
We want our lands back
We want our coastal fishing areas back
We want our cultivation land back
We want legal ownership of our lands
We want to live in our own Houses
We want our destroyed houses being rebuilt in the same manner
We want compensation for the time of occupation of our lands
We want support to restart our traditional livelihood
Give us hope and win our trust, We expect the Government to keep to its promises
Allow us to act freely, without fear and stop surveillance by the Intelligence personnel aswe engage in our struggle to win our rights for life.
We appeal to all people from all communities to join hands with us in our struggle

On day 4th of April 2017, at the premises of Nallur Temple They pledge to continue their struggle for own rights and demands until the government will fulfilled.

AshWaru Colombo

Sri Lanka Perspectives – March 2017: Politics of Sri Lanka’s UNHRC reprieve

Colonel R Hariharan
                    
Courtesy: South Asia Security Trends, April 2017 issue  www.security-risks.com 

President Maithripala Sirisena must be a happy man after the United Nations Human Rights Council (UNHRC) adopted a resolution to give two more years to Sri Lanka, to fully implement all the commitments it made in the 2015 resolution to deliver justice to thousands of people affected by the Eelam wars. By co-sponsoring the latest resolution with the U.S., Sri Lanka had shown its readiness to positively engage with the international community on fulfilling its commitment to reconciliation and human rights, as pointed out by the U.S. head of delegation at the UNHRC.  The Sirisena government can claim the adoption of the resolution, without a vote, as a diplomatic victory of sorts; it showed the UNHRC members have positively responded to Sri Lanka’s plea for extension based on its performance so far, which had been recognized even by the not-so-kind report of the UN Human Rights Commissioner  presented at the session.

But, the two-year reprieve provides only relief; Sri Lanka’s success in buying time cannot hide its failure to take action on two basic requirements: ensuring meaningful devolution and creating credible transitional justice mechanisms. Unfortunately, these are stuck in the political logjam, perhaps aided and abetted by bureaucratic indifference. However, the two-year extension shows that the member-countries have some understanding of the limitations of the Sirisena government in evolving politically acceptable solutions on controversial issues like the inclusion of foreign judges in the transitional justice system or prosecuting army officers suspected of committing war crimes.

But the moot question is, can Sri Lanka fulfil its commitments to the UNHRC by 2019?

It will be difficult to wager on this, if we go by the politically supercharged environment created by ‘patriotic citizens’ (whatever it means) raising the question of national sovereignty in accepting the international dispensation on transitional justice. They seem to forget that their own role model - President Mahinda Rajapaksa - had invited foreign judicial luminaries to oversee inquiries of similar nature (though with disastrous end results). But it is in the nature of politics to be short on memories that do not suit the politicians.

Of course, one way out for the Sirisena government is to fast track the “doable” issues which can impart some momentum to the whole process. Two such issues are the return all the remaining private land under military occupation and replacement of the Prevention of Terrorism Act with human rights compliant enactment. These two issues have not been dealt with the alacrity to bring them to closure.  The aftermath of the legislation on the Office of Missing Persons, typically, shows the choke hold bureaucracy has in translating good intentions to produce positive results. It has brought no relief to thousands, who are mourning the fate of their missing kith and kin.

Considering the political paralysis affecting the government’s decision making process, it appears doubtful whether it can come up with a “time bound implementation strategy” to fulfil its outstanding commitments, as urged by the UK. The want of desire to act, rather than strategic planning, seems to be the malady affecting the government’s tardy performance. This is not merely restricted to human rights issues, but, governance as a whole if we go by the slow speed at which it produces results.

It only proves that good intentions or political rhetoric of the government is not enough. Even if the leaderships of both the main coalition partners are nervous about the right wing backlash on some of the controversial issues like the induction of foreign judges in the transitional justice mechanism, there is no reason for not acting upon non-controversial doable issues. Unless, the government shows sensitivity in acting upon these demands, its UNHRC reprieve will be a wasted one.  

From the political discourse, it appears President Sirisena would act upon the gritty issues, only after consolidating his power base in the Sri Lanka Freedom Party (SLFP) and gaining control of the ruling coalition, where the United National Party (UNP) constantly seem to be outguessing the presidential mind. Though the pro-Rajapaksa faction within the SLFP had been working against him, President Sirisena being in power, should be able to take effective damage control measures within the party. His appeals to the youth members of the SLFP to rally in support have to be read in this context.  However, the coalition contretemps are likely to be there, because it is in the nature of the two astute political leaders – Sirisena and Prime Minister Wickremesinghe – to try and outmaneuver each other, in the marriage of the convenience that the ruling coalition is.

In this context, it is interesting to note the conduct of the so-called Transnational Government of Tamil Eelam (TGTE), made up of former LTTE overseas representatives and pro-Eelam elements of Tamil Diaspora. The TGTE would not be surprised that despite its plea to all members of the UNHRC “not to cave-in to a roll-over with an extension of time”, they did just that. The reason is simple: the rules of the game have changed.  Unlike the Cold War days, the real world now has little time to listen to political proxies of terrorist groups.

Col R Hariharan, a retired MI officer, served as the head of Intelligence of the Indian Peace Keeping Force from 1987 to 90. He is associated with the Chennai Centre for China Studies. E-mail: haridirect@gmail.com 

Posted Yesterday by R. Hariharan

Geneva resolution is about prosecutions, not reconciliation

Foreign Minister Mangala Samaraweera

2017-04-05

After the UN Human Rights Council 34th session ended in Geneva, the US said it introduced three resolutions that were adopted with ‘broad cross regional support.’ The list included Resolution 34/1 on Sri Lanka.

Geneva resolution is about prosecutions.docx by Thavam Ratna on Scribd

Manivannan Incident & UN Hypocrisy

By TU Senan –April 5, 2017

TU Senan

The stories of Tamil lobbyists storming the corridors of UNHRC must be recorded for posterity. In future generations no one will understand the efforts expended and the sweat excreted in the name of lobbyism. An astonished diplomat did ask ‘why are you all here?’ The poor fellow genuinely didn’t know. Why Tamils from all over the world swarm “his palace” had remained a mystery for him over the last years. Little did he know, one of the mythical doors in the UN somehow holds the key to the future of Tamils.

From Australia to Canada, Tamils arrive on their yearly pilgrimage in March to somehow unlock that fabled door. Ah, if only others knew the pain and the preparations behind the annual trip. Ceremonial ties and slogans will start to flow from February onwards. Strategic spins and speeches will take over the Tamil media, announcing the arrival of the messiah. All will come to a damp squib in the end, of course, with one resolution, which by the way is “co-sponsored” these days with Sri Lanka. Rest assured though, the suit will only rest till next March when the procession begins all over again.

This year however was marked by a little encounter of a different kind. Man of the “March” for this year surely belongs to the one and only Manivannan. This incident goes to the very heart of the UN and Sri Lankan officials so much so that they almost want to make it an example of what not to do.

The Sinhala nationalist pro-government media in Sri Lanka boiled. ‘These stalwarts of the LTTE must be stopped,’ was the cry. Many screamed. From the national news agency such as The Island, to Lankasri, the UN news was the hot topic. This incident even warranted a paragraph in the official oral presentation of the UN High Commissioner for Human Rights “Prince” Zeid Ra’ad al Hussein. Here is what he warned:

“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.”

What on earth took place then? What took place is something that proved one unknown point – that not all Tamils are that “stupid”. The yearly journey to the great palace is not merely due to utter mindlessness. Passion and anger and desire for justice runs through some veins. Unlike The Island’s portrayal of Manivannan, he had nothing to do with LTTE. Nor has he ever engaged in any violent activities in the past. You can’t get a more passive human than him. But his passionate question is a fully valid one. It was a question about Sarath Weerasekara.

But allow us to provide a bit of background to this Sarath Weerasekara. To say he was a rear admiral in the Sri Lankan navy is to underplay his role as truly one of the hangmen of the Mahinda Rajapaksa regime during the genocidal war in 2009.

He was in fact a chief of staff in the Sri Lankan navy and a director general of the civil defence force (CDF). It is well known that the CDF has acted as a paramilitary force, then as an official part of the Sri Lankan navy committed war crime and sexual abuses. The UN’s OHCHR Investigation on Sri Lanka (OISL) report records that at least 11 members of the CDF were accused of sexual violence. Ah, you may argue, they were largely acquitted – but the OISL also acknowledges that evidence suggests that “members of security forces enjoy impunity”.

Weerasekara was also a vice-president of the All Ceylon Buddhist Congress. Being a strong supporter of the former dictatorial president Mahinda, Weerasekara was an arch-defender of the bloody executive presidency and voted against the 19^th amendment.

Tamil activists have been exposing the hypocrisy of the UN in allowing a war criminal such as Weerasekara to come to the UN while it pretends to defend human rights. The International Buddhist relief organisation (IBRO) has UN accreditation. It is IBRO that invites Sarath and allows him to speak at their fringe event called “truth and justice’. It is not clear whether they went ahead with this meeting.

Read More

UN Silent As Sri Lanka Gives Army Promotion to Shavendra Silva, Lack of Vetting Continues

 

By Matthew Russell Lee

UNITED NATIONS, April 3 – The UN did little during the killing of Tamils in Sri Lanka in 2009. Then under Ban Ki-moon, the UN even accepted a military leader implicated in the mass killing, Shavendra Silva, as a Senior UN Adviser on Peacekeeping. Inner City Presspursued the question and asked Ban why he did it; later Ban had Inner City Press evicted from the UN, where restrictions remain still. Now on March 30, laundered by Ban Ki-moon and the UN, Shavendra Silva has been named Adjutant General of the Sri Lankan Army, photos here. On April 3, Inner City Press asked the UN spokesman Stephane Dujarric who served Ban Ki-moon and now Antonio Guterres about Silva, UN transcript here: 

Inner City Press: in Sri Lanka, there's a military figure called Shavendra Silva that you may remember.  He was appointed as a senior…

Spokesman:  Yes.  Yeah, I know who he was.

Inner City Press:  Okay.  So, there was some controversy, and he ended up… even the UN Secretariat seemed to acknowledge that there was a controversy under Ms. Frechette.  He's recently been named the chief administrative officer of the Sri Lankan military.  So, I wanted to know, one, if you have a comment, but, two, how this may relate to the vetting of Sri Lankan peacekeepers, which I've asked about in writing, being deployed to UN peacekeeping missions.  Is the military…?

Spokesman:  I think the… I… the vetting of peacekeepers will remain the same along our procedures.  And I have no specific comment on him.

It is an outrage - but one in which the UN has played a shameful part. (There was also Shavendra Silva as a speaker at a "UN screening" of a war crimes denial film, here.) Not only does the UN remain silent on human rights abuses like this year in Cameroon: it actively launders war criminals, and remains silent when they get promotions, accepts their troops as peacekeepers. Last week Inner City Press formally asked the UN Spokesman to describe the UN's vetting and due diligence of the Sri Lanka military figures it is deploying to peacekeeping missions, without response. We'll have more on this.

Now that Sri Lankan president Sirisena has said, No foreign judges, Inner City Press on March 3 asked Stephane Dujarric, the spokesman for Ban Ki-moon and now Antonio Guterres, for the new Secretary General's reaction. Video here; UN transcript here: 

Inner City Press: the President of Sri Lanka, Mr. Sirisena, has said in Sri Lanka that there will be no foreign judges, no hybrid court.  I know this was an issue that the former Secretary-General had kind of a personal interest in, this idea of following up on the 2009 events.  What's the response of the UN system to essentially a flat “no” by the President?

Spokesman:  The situation remains one that we're following.  I think I would encourage you to ask the human rights… our colleagues in the Human Rights Office who are on the lead on this issue.

  (Of course, the spokesman of the UN Human Rights Office, Rupert Colville, has refused to answer written questions from Inner City Press.)

  The UN, which half-admitted systemic failure under Ban Ki-moon while tens of thousands of Tamils were killed in Sri Lanka, has been supporting something called the National Authority for Protection of Victims of Crime and Witnesses.

  But now that the body has been shown to include, among others, a person accused by the UN's own Special Rapporteur of torture, what does the UN do? Nothing, it seems.

  The issue was raised again on February 20 in the 66th Session of Committee on Elimination of Discrimination against Women. Video here. This came, as it happens, hours after the son in law of just-left UN Secretary General Ban Ki-moon, Siddharth Chatterjee, dodged again on his connection to alleged war crimes in Sri Lanka. He wrote: "The fact is that I arrived in Sri Lanka having cut short a specialized combat under water diving course with the Indian Navy on October 16, 1987. The raid at Jaffna University took place on 12 October 1987." But it was after the failed October 12 raid - and after Chatterjee's now specified October 16 arrival - that the alleged reprisals took place. We'll have more on this, including in light of the new human rights self-attestation promulgated in the UN.

 On February 14, Inner City Press asked UN deputy spokesman Farhan Haq about it. He had no answer, and later in the briefing, regarding Ban Ki-moon who has had two relatives indicted for real estate fraud involving the UN, called Inner City Press "obsessive" then an a*hole. 

(This same Haq in 2016 cut off Press questions about a protest in Jaffna of Ban Ki-moon's unilateral eviction from the UN of Inner City Press, where it remains restricted as  "non-resident correspondent.")

  Here's from the February 14 UN transcript, on Sri Lanka:

Inner City Press: I want to ask you about Sri Lanka, and I'll say why.  There's a report out by the International Truth and Justice Project run by Yasmin Sooka, who was one of the named panellists.  And they've basically said that there's a Sri Lankan body called the National Authority for Victim and Witness Protection, and they've named a member of the body, put on by the Government, who's named in a UN report as having been accused of torture by a Special Rapporteur on Torture.  And the reason I'm asking is the UN is apparently providing financial support to this National Authority for Victim and Witness Protection.  There's a… a… they've… they've hired a management consultant.  And I wanted to know, is the UN, given its previous role in Sri Lanka, aware that it's financially supporting a body that has, in fact, torturers on it?  And, if so, what happens to the financial support?

Deputy Spokesman:  We'd have to check and see what sort of financial support is being provided.  I'm not aware of what support is given to this group and whether that would need to be conditioned on any particular set of circumstances.  

  Haq, after calling Inner City Press an obsessive a*hole, left his office hours later having provided no answer. Here is the report, and here a sample UN system recruitment, showing support. 

40,000 dead Tamils, UN failure? Get over it.

The quest for healing and justice in the homeland of Toronto’s Tamil community: Tory

Toronto Mayor John Tory visited the Northern Province of Sri Lanka in mid-March to learn about where the city’s Tamil community is from, why they left and Sri Lanka’s road to healing and justice.

Toronto Mayor John Tory meets with Sri Lankan women protesting outside government offices holding photos of their sons and grandsons who disappeared during the civil war.  (JOHN TORY PHOTO)  

By JOHN TORY-Tues., April 4, 2017

Those who know members of our community from Sri Lanka in Toronto will know they are enterprising, successful, engaging people. Good citizens, good neighbours and good friends.

You probably know a lot less about their home country and how many of them, mostly Tamil, came to be here in Toronto.

In fact, many were either escaping or just getting away from a lengthy and tragic civil war in Sri Lanka — a war with many chapters over many decades.

It was within that context that I recently visited Sri Lanka along with Councillors Michael Thompson and Neethan Shan, the first Tamil Canadian elected to Toronto City Council.

I had been in Sri Lanka 10 years ago but was basically prohibited from going to the north of that beautiful country as it was at the time a war zone.

But with hostilities having ceased a few years ago, I was able to go to Jaffna and other communities in the north on this visit and I came away with a much better understanding of what will be required if the Tamil people are to have healing and justice.

One of the first things that strikes you as you travel the north is the extraordinary military presence. Every couple of miles there is a military base, far in excess of what you would expect to see in even a highly militarized democratic country.

When you ask, you are told most of these bases are located on land forcibly taken from Tamil citizens and that, taken together, they represent a military presence of one soldier for every three Tamil citizens.

Needless to say, this unilateral use of formerly privately owned land, combined with the suffocating military presence itself, causes immense anxiety on the part of the people of northern Sri Lanka and impairs the healing process.

There is no memorial or monument for the Tamil community in the Northern Province to remember their loved ones who were lost during the civil war.

The Tamil community has created a makeshift memorial at Mullivaikal, the land where the last phase of the civil war took place. The United Nations estimates that 40,000 lives were lost during this last phase. It was extremely moving for me to light a lamp, lay flowers and have a moment of reflection at this memorial.

While I was there, quiet protests were taking place and one in particular was very moving. It consisted of a group of middle aged women, protesting outside government offices, holding pictures of young men.

When I spoke with them, I realized these pictures were of their sons and grandsons. Many had received reports of these young men being taken away in the latter stages of the war, but they hadn’t been seen or heard from since.

Think about it. Your child, rounded up years ago and taken away, and despite some recent initiatives on the part of the government to trace the fate of these kids, most everything remains shrouded in mystery.

Imagine being one of those moms knowing the government knows more than they are telling you about the fate of your son. I saw the pain in their eyes, and as a father and grandfather, I immediately understood it.

These emotionally traumatized moms need some closure, even if the news is bad. Making public years old government reports on these missing kids would be a good start.

It seems reasonable to conclude, as the Northern Province’s chief minister advocates, that only a truly independent, accountability mechanism comprising of international actors will ever really be able to deliver justice when it comes to past human rights transgressions, disappearances and loss of lives.

The establishment of an accountability process comprising of internationally respected judicial actors could allow for a calming reassurance that reconciliation really can happen and that real change can take place.

The area also desperately needs a plan for economic and social investment. As with most places in the world, opportunity and a job will accomplish a huge amount when it comes to achieving social justice for the Tamil people.

While much of this initiative has to come from the Sri Lankan government itself, I am happy to report that we did sign a memorandum of understanding between the City of Toronto and the District of Jaffna whereby we will work together on everything from education to economic development to the renewal of their historic library, which was destroyed during the war. As a symbolic gesture to show good faith and partnership on the memorandum of understanding, we donated books to the Jaffna Public Library from the Toronto Public Library.

The entire experience of visiting the Northern Province of Sri Lanka was incredibly moving precisely because we met real people who had experienced real trauma and who had still not seen action by the government adequate to constitute justice and promote real healing.

If there is a glimmer of hope it comes from the fact the present government is seen as having taken a few small steps on some of these issues after years of denial by previous governments.

The challenge now becomes one of taking the next, bigger steps. Give those moms the information they so much need and deserve about their missing kids. Return serious quantities of land to rightful owners and at the same time reduce military presence. Establish an accountability process with the involvement of international actors to examine what happened. And develop a real plan to help this region and the Tamil people to have a sense of hope and opportunity.

I look forward to working with the community here in Toronto to help make these things happen.

John Tory is the mayor of Toronto.

Navy Commander disdaining court order dispatching the criminals out of country by boat on the sly ?

(Lanka-e-News -04.April.2017, 12.45PM) Grave suspicions have sprung up that Navy Commander Ravindra Wijegunawardena  is seeking to dispatch the criminals involved in the ruthless mass murder of schoolchildren ,out of the country by boat on the sly.

It is significant to note even after the CID told  court with concern on the 23 rd of March that the present  Navy commander is acting to the contrary  despite the court directive issued  to him to extend co operation to the CID in connection with the mass murder of innocent children after committing extortion  , again on April 3 rd ,  based on reports reaching Lanka e news courts inside information division the Navy Commander without assisting the CID , and  telling lies is hiding a prime suspect in that mass murder .

The Navy officers of the White van murder squad who are now in custody have revealed the name of a chief officer who gave them  orders to commit the crimes. The name of that criminal is Lieutenant Commodore Hettiarachi  and  the CID must have the consent of the Navy Commander to record a statement of Hettiarachi.

Even after the court gave orders to the Navy Commander to render assistance to the CID in its investigations , the former is keeping the prime suspect Hettiarachi hidden.  Wijegunawardena , the Navy Commander who earlier said the suspect has gone on leave , now says he has gone on retirement .

In the circumstances suspicions have arisen that the Navy Commander has dispatched Hettiarachi on the sly by boat to another country. 

It is  a crime to harbor , hide a criminal or suppress information regarding him/her. That is tantamount to authorizing a crime.  It is therefore a pertinent question in the best interests of the country and the rule of law whether  the Navy Commander can  be permitted to act this high handedly and unlawfully , disdaining the court order and assisting the criminal ? 

It is the   president himself   the commander in chief of the forces who recently announced and pronounced in public  , even if they are officers of the security forces ,  he hasn’t any need to safeguard and shield them in the cruel mass murder of children not linked to the war . Then , if  he is  a genuine good governance leader who is truthful in word and deed , why is he deaf and dumb to these glaring unlawful actions , and looking the other way permitting the chiefs of his forces to engage in unlawful criminal activities ? 

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by     (2017-04-04 07:21:14)

Sri Lanka: A Rationale for Five Year Economic Planning

In the absence of proper targets, estimates and strategies, the economic policies in Sri Lanka appear to be haphazard and even ideological. Instead, we should be more pragmatic.

by Laksiri Fernando-Apr 5, 2017

“Democratic planning requires full consumers’ sovereignty, as distinguished from the narrower concept of ‘consumers’ free choice.” – Carl Landauer

(April 5, 2017m, Sydney, Sri Lanka Guardian) Despite India’s replacement of the National Planning Commission with more ad hoc NITI Aayog (National Institute for Transforming India), India along with China will stand as good examples for the benefits of economic planning in a developing country. India was supposed to complete its 12^th Five Year Plan this year, and China initiated its 13^th Five Year Plan last year. India’s recent decision under neoliberalism might go in history as a mistake.

It is true that economic plans themselves would not reap results, however superb they would be on paper. 

Sri Lanka A Rationale for Five Year Economic Planning.docx by Thavam Ratna on Scribd