3 Things to Watch for in South Korea’s Presidential Election

BY SHANNON SCHWEITZER-MAY 8, 2017

South Korea will choose a new president Tuesday amid regional and domestic turmoil that could drive record numbers of voters to the polls. What exactly does that mean for the country and its relationship with the United States?

It’s a complicated question. But here are three pieces of the answer:

A return to Sunshine Policy?

After nearly a decade of conservative rule, in which Seoul favored a more confrontational approach to Pyongyang, South Koreans seem poised to pick a progressive leader who has advocated a softer line toward North Korea and said he would be open to talks with the Kim Jong Un regime.

“I could sit down with Kim Jong Un … when preconditions of resolving the nuclear issue are assured,” Moon Jae-in of the liberal Democratic Party told the Washington Post in an interview. Moon, currently leading in the polls by nearly 20 percent, is closely associated with the “Sunshine Policy” of engagement with North Korea — promoting economic aid and dialogue in hopes of building trust — which he supported as an aide to the last liberal president, Roh Moo-hyun.

Moon’s election could have potentially cascading effects on U.S.-South Korea relations, which have been rattled by President Donald Trump’s recent statements on North Korea, trade, and the U.S.-built THAAD anti-missile defense system. Trump told Reuters in an April interview that he wanted Seoul to foot the billion-dollar bill for THAAD, despite an already established agreement between the two countries, outraging a key U.S. ally in the process.

In contrast to his conservative opponents, Moon has been vocal about reassessing the risks and benefits of THAAD, which became operational early last week and whose hasty deployment prompted criticism that the United States was trying to push it through before election day. “It’s only right for the THAAD deployment issue to be decided by the next administration,” Moon said in March.

Corruption and political reform

Two months after former President Park Geun-hye was removed from office by Korea’s Constitutional Court, triggering snap presidential elections, political stagnation and a power vacuum in the Blue House have left the country rudderless and South Koreans frustrated.

Park became embroiled in a sprawling corruption scandal in late 2016 that implicated some of the country’s largest conglomerates, including Samsung, whose de facto leader, Jay Y. Lee, has been languishing in a jail cell near Seoul since he was arrested in February on bribery charges. Park herself was formally indicted last month on 18 criminal charges — including bribery, extortion, and abuse of power — and her trial opened on May 2 amid fierce demonstrations.

This has underscored for some voters the unshakable influence of Korea’s family-owned conglomerates, known as chaebol, which have benefited enormously from decades of close government cooperation.

According to local pollster Realmeter, in a survey published May 3, a plurality of respondents — 27.5 percent — chose a candidate’s intention to tackle entrenched corruption as their top criterion when selecting whom to vote for, followed by economic reform and national security, at 24.5 percent and 18.5 percent, respectively.

High voter turnout

Early voting took place last Thursday and Friday for the first time in a presidential election since it was introduced in local elections in 2014, with a record-high number of voters participating.

According to Korea’s National Election Commission (NEC), a total of 11 million voters, or 26 percent of the country’s 42 million eligible voters, cast ballots at more than 3,500 pre-polling stations nationwide during the two-day early voting period. That is more than double the number of early voters in the 2016 National Assembly elections, where the early voting turnout rate was 12 percent, or one-fifth of the total number of voters who cast ballots in that election, the NEC said in a statement.

This increase in turnout seems to indicate the public’s heightened interest in the election, especially among the young, and its high demand for a change in power. Nearly 87 percent of respondents surveyed by the NEC said they intended to vote in the election, up from 80 percent in the last presidential election in 2012. Interest in the election from younger voters, many of whom mobilized in large numbers early this year to demand the resignation of former President Park, saw an increase from 85 percent in 2012 to 95 percent. Youth unemployment, a key issue for voters under 30, hit an all-time high in 2016 of 9.8 percent, and a higher turnout of young people is seen as a boon to Moon, who has promised to create more than 800,000 public sector jobs.

The most recent polling by Gallup Korea put Democratic Party candidate Moon strongly in the lead, with 38 percent, followed by Ahn Cheol-soo of the center-left People’s Party, with 20 percent.

That means the next president of South Korea will have something of a mandate from the population.

Photo credit: CHUNG SUNG-JUN/Getty Images

Cyber politics comes of age 

French presidential candidate Emmanuel Macron--Wikileaks' Julian Assange

2017-05-08

"Research into cyber war did not just stop being an intellectual exercise it became a serious policy debate which led to the creating of various cyber initiatives to counter cyber attacks  globally"

For cyber security experts mainly focusing on the contentious notion of cyber war, year 2017 is the 10 years anniversary of the first recorded cyber war, pitting Estonia against hack attacks allegedly sanctioned by Russia but to datethere is noreal forensic evidence to prove this claim. Between April and May of 2007 Estonia suffered a series of cyber attacks in the form of denial of service attacks which disrupted both commercial and state operations in a mass scale. This attack for many formed the text book case study into interstate cyber rivalry and heighted interest inresearch into cyber war. 
Research into cyber war did not just stop being an intellectual exercise it became a serious policy debate which led to the creating of various cyber initiatives to counter cyber attacks  globally. Yet the preparations for cyber war in 2007 did not see a softer but deadlier version of cyber attacks that could mainly strike democracies in the form of alternative political narratives that can undermine the integrity of the political system and values of the states by coordinated efforts of a third party of an adversarial state that are experienced in 2017.
Security analysts coined the term ‘weaponized narrative’ in the after match of the US Presidential election, which embodied serious cyber hacks, dumping of politically sensitive material on message forums such as 4Chan or whistle blowing websites such as Wikileaks, to create false news in coordinated form to achieve the political objective with the objective of interfering in election processes by disseminating misinformation to effect the political decision of voters.  These cyber borne attacks and narratives had a significant impact on the American presidential elections and the Brexit vote. France underwent a massive weaponized narrative onslaught towards the tail end of the presidential election campaign, with the leading candidate Emanuel Macron’s campaign suffering a well coordinated cyber attack and theft of documents. 

French presidential candidate Emmanuel Macron

Cyber security corporations, online data analysts have observed a surge in cyber attacks that were directed against macron and his En Marche party. While American political analysts are still debating the impact it had on the US presidential elections, the French election theatre seems to be intensely under a growing competition between Pro le Pen and Pro Macron groups. Yet very recent research indicates aburgeoning of a social media campaign that is overwhelmingly backing le Pen.  The hash tag#macrongate, has been circulating and almost going viral after the nine gigabyte dump of material that was stolen from Macron’s campaign. Fake documents claiming to be of Macron’s secret off shore bank account in the Caribbean were shared. 
While Macron seems to be leading in all polls at the time when this column is been written and historic accuracy of French pollsters, Macron seems to be well set to be the next French president.  Yet French political analysts are not convinced especially with the large number of anticipated absentee votes, of many disillusioned French voters who are neither with Le pen or Macron.  Yet when French voters are bombarded with disinformation campaigns that try to merge authentic news with fake news, it creates a toxic political narrative that can be controlled by the party that is behind this sustained effort. 

Wikileaks' Julian Assange

"Cyber political scholars claim weaponized narratives are serious strategic offense systems that can undermine states, international organization, and political norms"

Thus cyber political scholars claim weaponized narratives are serious strategic offense systems that can undermine states, international organization, and political norms and can do more harm than a militant form of interventionism in political processes.  The level of automation in the recent social media campaigns has reached unprecedented levels. Twitter analytics claims that automation has enabled bots to tweet more than 1000 times within a span of 24 hours. A pro le Pen bot has tweeted 1668 times and mostly in English launching various attacks on Macron in one day. Macron’s social media campaign is predominately driven by French language messages and updates, which signals that the bots used for Le Pen’s campaign are designed to address a more universal audience to change their political perspective of France.

French political processes will not end from the presidential elections, in June of this year France will have its general election. Macron’s party is just 13 months old and has not elected representatives in parliament. Yet his party is tipped to win many seats in the parliament, thus French politics is undergoing some radical transformations. Yet Macron even as President has to live wit the fact that le pen’s power base may not wither and as she claimed in the final election debate he should not be seen as a puppet of Angela Merkel. Thus a sustained cyber assault on France leading to the general election may be tough for a new president with no real party to back him up in the legislature.
European political architecture seems to be entering a phase of significant reorientation and redesign. The local election results in Britain are giving all the signals of a Conservative party that is decimating labour heartlands and creating the necessary political currency leading to a serious consolidation of power in the upcoming general election. This signals a tough UK stance on Brexit negotiations with the European Union.  Again from day one of the Brexit vote, social media campaigns have spearheaded both sides of the argument. It also forced both camps to be more militant and hard-line. Last week’s local elections in the United Kingdom saw, Theresa May aggressively campaigning for her party, her primary claim was that theEuropean Union was meddling in British affairs. May’s political message of EU interference in British political process itself is a serious form of misinformation but seems to have achieved what May wanted. It even dissuaded far right UKIP voters and pulled significant votes to the Conservative party.

"French election theatre seems to be intensely under a growing competition between Pro le Pen and Pro Macron groups. Yet very recent research indicates aburgeoning of a social media campaign that is overwhelmingly backing le Pen."

In the United States, President Trump completed his first 100 days in office and summed up his achievement in a fiery speech that revisited the same messages he delivered during his election campaign. Trump’s speech, the final French presidential debate came across as having very similar under currents.  How Western democracies have suffered from their own success, the technological advances, the internet revolution brought up mass scale empowerment. It created new political platforms but it seems cyber space has provided opportunities for politicians and movements that spread fear, anger and resentment instead of hope, liberty and progress. From Beppe Grillo’s Five Star movement in Italy to Le Pen’s nationalist party.  European democracies are buckling under new forms of weaponized narratives channeled in the cyber sphere. 
Political elites and establishments were too late to recognize that cyber politics had moved on from low politics to high politics. Obama was seen as the real success story of the internet age, yet it seems quite the opposite, Obama was successful in wooing part of the tech community to work with him and raise contributions from individual donors online, yet Trump’s unguarded Tweets seem to have created an uncritical following elevating him to a cult figure. European politics seems to be shaped by increased cyber interventions, yet the hope is when such narratives become unsustainable democratic political processes will recover unless they are not permanently crippled. 
Thus even among Sri Lanka policy makers and academics it is high time to take the workings of cyber machinations in politics seriously as we do have an intense geo political regional rivalry that is played out in this country. If weaponized narratives comes to play it will wreak havoc in an already opaque and confused political environment. 

The Writer is the Director, Bandaranaike Centre for International Studies (BCIS)

Possible Side Effects Of Hair Dye You Must Know About

by CureJoy Editorial-May 8, 2017

Possible Side Effects Of Hair Dye You Must Know About

• There's A Minimal Link Between Hair Color And Cancer
• May Cause Allergic Reaction
• Constant Expose To Hair Color May Cause Reproductive Disorder
• Damages Hair

As the popularity of hair dyes continues to soar, many are worried about the possible side effects of its high chemical content. There are mixed opinions about the relationship between hair color and cancer. 

Allergies to hair color are common and it can also damage hair in the long run. While research shows it is also relatively safe to use hair color while pregnant or breastfeeding, err on the side of caution. There are several natural alternatives to chemical hair color such as henna that could be better for hair health.

What used to be a way to surreptitiously conceal rogue gray hairs in the privacy of your own home a few decades ago is poised to become a $29 billion market by 2019!¹ We’re talking about hair color or hair dye, and it looks like men and women alike can’t get enough of it.

Hair dye is no longer just for concealing gray hairs either. People are choosing to color their hair to express their personality, experiment with their looks, and simply to achieve a vibrant and healthy looking head of hair!

Fun fact: the hair coloring trend isn’t as recent as you’d think. In fact, roots of the hair color trend (see what we did there?) can be traced back to as early at 1500 BC when ancient civilizations used natural pigments and even leeches to color hair!

But how safe is it to color your hair? Are there health implications you need to be aware of? Let’s find out.

Hair Dye Versus Hair Color: Is It The Same Thing?

Yup! The words hair color and hair dye are used interchangeably and they mean the same thing. However, more often that not, you’ll find colorists and stylists use “color” rather than “dye.” After all, it sounds less harsh and obtrusive!

Types Of Hair Dyes

Hair dyes are broadly classified into permanent, semi-permanent, and temporary dye depending on the amount of peroxide contained in the formula.

Permanent hair dye contains the highest concentration of peroxide and it opens up your hair shaft to deliver color deep into your hair. Although “permanent” hair dye will fade and grow out over time, it is still the most long-lasting formula of all three, lasting about 8–10 weeks.

Semi-permanent hair dye adds color to your hair without opening up the hair shaft. This formula is designed to deposit color into the cuticles of the hair shaft and also add shine. These are gentler alternatives to permanent color because they contain low amounts of peroxide, but they only last about 6 weeks.

Temporary hair dye is truly temporary and works for those who are looking to briefly experiment with a different hair color or want a very subtle color change. This formulation only lasts until the next time you wash your hair and the colors only sit on the surface of your hair, outside the cuticle.²

Side Effects Of Hair Dye

No matter which formula of hair dye you favor, you should know what’s in it. Hair dyes contain more than 500 different chemicals, and so it is natural to be concerned about its potential side effects. Scientists have been investigating whether exposure to these chemicals poses health hazards, not just to those who use hair color but to professional colorists as well. Here’s what we know so far.

1. Hair Color And Cancer

In its earliest formulations, some specific components found in hair color were found to have carcinogenic properties when tested on animals. In the 80s, hair color manufacturing companies got rid of some of these chemicals to make hair color safer.³ However, today, scientists don’t have a definitive verdict on whether current formulations of hair color still contain cancer-causing chemicals.

A Swedish study of about 45,000 hairdressers showed that hairdressers were not at an increased risk of developing bladder cancer.⁴ But a 2009 survey of several research studies found that hairdressers who had been coloring clients’ hair for 10 or more years were at a higher risk of developing bladder cancer.⁵

Additional research studies have established a relationship (not necessarily causal) between using hair color and the likelihood of developing non-Hodgkin lymphoma.⁶

Researchers have also found some evidence to suggest that long-term use of permanent hair color can possibly make one more likely to develop adult acute leukemia.⁷ But other studies have not supported these claims. Research also does not indicate a relationship between hair color and breast cancer.⁸

Because of these mixed results, the scientific community remains largely ambiguous on whether hair color can be categorically said to be linked with various types of cancer. At most, there is a “very minimal” link between modern hair color and the risk of developing cancer.⁹

The Food and Drug Administration notes that hair color manufacturers are no longer using the two key chemicals that were found to have carcinogenic properties back in the 70s and 80s and that it does not have enough “reliable evidence” to establish a definitive link between hair color and cancer.¹⁰

2. Hair Dye And Allergies

Allergic reactions to hair dye are fairly common because it contains paraphenylenediamine (PPD), a common allergen. People prone to contact dermatitis may be especially likely to develop an allergic reaction to hair color.¹¹

As a safety precaution, always perform a patch test before coloring your hair. Instructions that come with the box of hair dye will usually recommend that you apply a small amount of the hair color solution on the inside of your elbow. You need to allow it to dry and see if you develop any allergic reaction, including rashes, itchiness, swollen eyes, wheezing, and nausea.¹²

3. Hair Dye And Fertility

Lead acetate is often a component in progressive hair dyes, used to color hair over multiple applications. Some research studies have shown that lead acetate can possibly affect fertility in both men and women.¹³ A recent study also revealed that due to being constantly exposed to chemicals found in hair products (including hair dyes), hairdressers are more likely to have a reproductive disorder.¹⁴ The FDA, however, maintains that the level of lead acetate is not sufficient enough to cause lead to be absorbed by the body. They do, however, ask for a cautionary note to appear in all products with it.¹⁵

4. Hair Dye And Hair Health

Regular use of hair dyes, especially permanent color, can render your hair brittle and over-processed. Ammonia contained in hair dyes gets inside your hair shaft and into the cuticles, and the peroxide is meant to neutralize the pigment that gives your hair its natural color. With frequent coloring, the hair cuticle and the hair shaft gets damaged and hair tends to lose its luster. Many hair color manufacturers have stopped using ammonia in their products but, even so, all the other chemicals in hair color aren’t exactly super-kind to your hair. ¹⁶

Color-treated hair also needs a little extra TLC which most people ignore. This usually leads to rough, dry, color-damaged hair, especially if you return to your salon every few months to color your hair.

Safety Precautions To Take When You Dye Your Hair

Research may still be on the fence about the health impact of hair dyes. But you can play it safe by not overusing hair dyes. For instance, reduce the frequency of dyeing your grays if you are unwilling to cut it out altogether. And ask yourself if you really need to randomly change color every other week!

When you do use hair dyes, make sure to follow some safety precautions.

• Always follow the instructions outlined on the hair color product packaging.
• Perform a patch test as directed, especially if you’re coloring your hair for the very first time or trying a new brand. In fact, with the constant modifications in ingredients, a patch test is a good idea every time!
• Keep the color solution away from your eyes, and always wear protective gloves.
• The FDA recommends that you don’t leave the color solution on your hair longer than directed on the packaging.
• Don’t color your hair if your scalp is itchy or sunburned.
• Also, never use hair color on your eyelashes or eyebrows. This can be very harmful to your eyes and you even risk going blind – no joke!^17 18

Coloring Your Hair During Pregnancy

Many women are hesitant to color their hair during pregnancy or immediately after childbirth due to the presence of so many chemicals in hair color. The American Pregnancy Association, however, maintains that chemicals found in permanent and semi-permanent hair color are not really toxic and that there’s no harm in using hair color while pregnant. In addition, only very little dye is absorbed by your skin and even less is actually likely to reach the unborn baby. The same also holds true for breastfeeding. There is little to no chance of hair color chemicals entering your bloodstream and contaminating your milk supply.¹⁹

That said, due to the possible risks associated with exposure to chemicals in hair dye, many OB/GYNs recommend that you wait until the end of your first trimester to color your hair.²⁰To be safe, always check with your OB/GYN and avoid if you can.

Natural Alternatives To Chemical Hair Color

If all this talk about chemicals has you worried about what you’re subjecting your mane to, don’t worry. There are plenty of natural ways to tint your hair that don’t involve harmful chemicals.

Henna has been used for centuries by women in Asia to add a reddish, burgundy hue to hair. Henna hair dye also conditions your hair and leaves it luxuriously soft. With regular use, your hair becomes naturally henna-colored, which can work well if you have dark brown hair.

• Lemon juice can help lighten hair, if that’s your goal.
• Chamomile tea can help add natural highlights.
• Black tea and coffee, brewed and then cooled, can help make hair darker.

Is International Criminal Court action possible on Sri Lanka?

May 8, 2017Views expressed in this article are author’s own

by S. V. Kirubaharan- May 8, 2017

( May 8, 2017, Paris, Sri Lanka Guardian) Those who are for justice and impartiality will fully agree that the Tamils in Sri Lanka, especially Tamils from the hereditary land in the North and East have been taken for a ride since independence in 1948 by every government in power. The cheating tactics vary and would take pages to write about. The North and East have been reduced to North and today the North is now limited to only Jaffna. This is fair evidence of aggression and oppression towards a people who trusted and fought along with Sinhalese to gain independence from the British.

Is International Criminal Court action possible on Sri Lanka.docx by Thavam Ratna on Scribd

JVP signs petition demanding release of Palestine prisoners in Israel jails

May 7, 2017 by

The petition organized by the Embassy of Palestine State in Sri Lanka calling to release Palestinian prisoners held by Israel was signed by the National Organizer of the JVP Parliamentarian Bimal Rathnayaka on behalf of the JVP.
The indefinite hunger strike started by Palestinian prisoners in Israel prisons have continued for 21 days today (7th) and the officials in prisons have attempted to force feed the prisoners.
The petition states imprisoning and force feeding the prisoners is against international law and demands the prisoners to be released immediately.
The hunger strike was announced to coincide with Palestinian prisoners’ day which is marked on Monday. Initially, 700 prisoners initially joined the strike and the number of prisoners going on hunger strike was expected to expand to 2,000.

EU, GSP Plus & Sri Lanka: Promoting Or Demoting Human Rights

By Kumarathasan Rasingam –May 7, 2017

Kumarathasan Rasingam

The European Parliament in its session on 26th April, 2017 has voted in favour of Sri Lanka rejecting a motion tabled by 52 European Union members to deny the additional tariff concessions approximately 66% on several products including textiles and fisheries imported by European Union members numbering 28 countries. Sri Lanka is expected to net an income of 250 million Rupees an year due to this concession.

The issues preceding the voting on April 26th 2017 deserve to be mentioned to question the justification of this vote in favour of Sri Lanka. The European Union sent a delegation to Sri Lanka headed by Jean Lambert in November 2016 to study the ground situation in Sri Lanka regarding human rights and all other matters related to minorities, including torture and impunity, sexual violence, labour rights, working conditions etc.

It is to be noted that “the European Parliament seeks to promote democracy and human rights not only in Europe but also throughout the world and is a fierce defender of human rights, fighting for the rights of the oppressed”, as well. This parliament has 751 members representing 28 countries with a population of about 510 millions. European Union’s criteria for this GSP+ extends only to “countries which ratify and implement core International Conventions relating to human and labour rights, environment and good governance”.

The European Commission which recommended the restoring of the GSP+ in January 2017 laid down the following conditions to qualify for restoration. They are “the ratification and implementation of 27 International Conventions which were signed by Sri Lanka, and dealing with international human and labour rights and good governance”.

The European Union specifically mentioned the following matters which need to be addressed, and implemented by Sri Lanka to become eligible for the GSP+ concessions.
Full implementation of the 27 International Conventions particularly International Covenant on Civil and Political Rights, Convention on Enforced Disappearances, repeal of Prevention of Terrorism Act [PTA] and replacing it with another Bill in accordance with standard international practice and provisions, amending code of criminal procedure, making public the list of former Liberation Tigers of Tamil Eelam cadres held in detention etc. A total of 58 conditions were laid down by the European Union, for implementation by Sri Lanka.

It is a well known fact and truth that Sri Lanka excels in passing legislations to satisfy the minorities as well as the international community. It is also a well known fact that the passed legislations will remain partially implemented or totally left to lay in a coma state awaiting death sooner or later. Examples are the Indo-Sri Lanka Accord of 1987 and the Northern Provincial Council which is limping for survival. Tamil as an official language is yet to attain its status as an official language for its implementation by the government when communicating with the Tamils. Same fate is lying in store for the Office of Missing Persons Act passed in August 2016 but kept in shelves.

It is learnt that the European Union members in the last minute requested the Sri Lankan government to at least replace the Prevention of Terrorism Act [PTA] and amend the CCPA with another Bill in accordance with international norms. The Sri Lankan Government however was making defiant postures by saying that “the Government will not bow down to any foreign country or organization and will not dance to their tune”. Deputy Foreign Minister Mr. Harsha de Silva stated that “Sri Lanka is under no obligation to any foreign body”, obviously referring to European Union and GSP issue.

As usual, a European Union delegation visited Sri Lanka in November 2016 to study the ground situation and submit its findings to the European Union. The delegation head Jean Lambert urged “Sri Lanka to improve human rights conditions including the replacement of its tough anti-terrorism law”. The delegation further said that “much more needs to be achieved, especially related to Office of the Missions Persons and devolving powers to the provinces”. As such, success of Sri Lanka’s GSP+ application depends on meeting the human rights requirements set by the European Union.

A member of the delegation Mr Paul Godfrey who also serves as Ambassador to Sri Lanka and Maldives said “clear evidence of progressive measures on human rights is needed before GSP+ return”.

To sum up, European Union in addition to its political and economic goals of unity and strength also plays the role of a “champion of human rights and fighting for the oppressed throughout the world”. It weighs each states record of human rights before extending its assistance in all fields, particularly on GSP+ concessions.

If one looks at the record of Sri Lanka in relation to the European Union’s scale of testing human rights, the reports of UN High Commissioner for Human Rights, UN Special Rapporteurs, and the report of UN Human Rights Council are the proofs in the pudding. Sri Lanka’s woeful performance in this matter need not be detailed. However, some need to be mentioned because of their seriousness.

1. The disregard and contemptuous non-compliance and nil implementation of the UNHRC Resolution 30/1 passed on October 1st 2015.

2. The total failure in solving the 60 year old nagging ethnic problem.

3. The defiance and challenges thrown at United Nations, UN Human Rights Council and other organizations including European Union requesting them to not to dare imposing conditions on Sri Lanka, which we consider as an infringement of Sri Lanka’s sovereignty and integrity.

It is learnt that European Union made it a pre condition in the last minute, requesting Sri Lanka to at least “replace the Prevention of Terrorism Act before granting the GSP+ and also make the Office of the Missing Persons fully operational, all to be delivered by Sri Lanka within clearly established time limit”. Sri Lanka sensing a way out of the hurdles, due to the softened stand by the European Union, hurriedly sent its Deputy Foreign Minister Mr. Harsha de Silva, who earlier blasted European Union by saying that “Sri Lanka is under no obligation to any foreign body”. He took a half -baked secret draft copy of Counter Terrorism Act as the replacement of PTA to the European Union’s attention, the contents of which are still shrouded in secrecy unknown to the world and public.

Read More

COUNTER TERRORISM ACT: “IT IS HORRENDOUS, AND I FEEL SICK AFTER READING IT”

Image: Sri Lanka police known for its brutality. 

Dr_Nihal_Jayawickrama--------------------------------TNA misled.-MP Sumanthiran

by Anurangi Singh.-07/05/2017

Senior academics, human rights activists, and judicial experts are strongly critical of the proposed policy and legal framework on the proposed CTA, a draft of which had been submitted before the Cabinet last week.

Prof. Nihal Jayawickrama, former Secretary to the Ministry of Justice, a Professor of Law at the University of Hong Kong and first Director General of Transparency International described the law as worse than draconian.

“It is horrendous, and I feel sick after reading it,” he said.

“I am at a loss to understand how this law was drafted. I cannot believe it was drafted here in Sri Lanka. The language is not ours.”

Among the litany of negative covenants, Prof. Jayawickrama said the most glaring is the obscurity of offences.

Dr_Nihal_Jayawickrama

Even after reading it a number of times I am yet to understand the numerous offences defined through this Act. They are complex and interrelated and I can’t see how a Police officer, a member of the armed forces or a coast guard, being empowered by this Act to detain a person on suspicion of committing such an offence, can understand the offences themselves.”

Prof. Jayawickrama said, the Government relied on the Public Security Act, The Prevention of Terrorism Act, and Emergency Regulations promulgated from time to time to deal with emergencies, insurrections, and acts of terrorism. Successive governments have been unseated from power because of how the draconian aspects of the Prevention of Terrorism Act were misused.

“The International Covenant on Civil and Political Rights (CCPR) has been ratified by the Government of Sri Lanka, but Parliament is yet to enact local laws to give effect to the covenant. I do not see the possibility how the CTA can be passed by Parliament as most of the covenants of this law run against the letter and spirit of the CCPR,” Prof. Jayawickrama said.

“In considering the context and circumstances that the CTA is being introduced, it gives out a sense that either we are still at war or we are under some form of attack,” he said.

The draft bill grants wide powers to the Police, members of the armed forces and coast guard officers in respect of arresting and detaining an individual.

Section 4(4) of the draft bill which deals with arrest states; “Any police officer or any member of the armed forces or a coast guard officer, may arrest without a warrant, any person who commits or whom he has reasonable grounds to believe that has committed or has been concerned in committing an offence in terms of this Act.”

When the necessity of obtaining a warrant before an arrest is removed, involvement of a judicial officer in perusing for the presence of reasonable grounds to arrest is placed within the discretion of the police, armed forces or the coastal guard officers.

Once a person is arrested and brought to a police station, the arrest and the custody of the person should be notified to the Human Rights Commission, not later than 24 hours. The suspect is only required to be produced before a Magistrate not later than 48 hours.

Production of a suspect to the Human Rights Commission before he is produced before a Magistrate attracts heavy criticism on the basis that members of the Human Rights Commission are appointed by the Executive.

This is the second attempt made to introduce the 48-hour period to produce before the Magistrate by the current government.

“Police, especially the CID had always been of the view that the 24 hour time frame to produce a suspect before the Magistrate should be extended to 48 hours. Although this is the standard in some other countries, we do not have the proper legal framework with necessary checks and balances to introduce it.” 

Prof Jayawickrama said.

Another section that is perceptibly in violation of ICCPR, is that the Act allows a Deputy Inspector General of Police to issue a detention order. The Act grants powers to a DIG of Police, to issue a detention order which does not exceed two weeks at a time, on an application made by the Officer in Charge of the relevant police station and on the recommendation of the OIC of the relevant police division. Powers regarding the detention order includes to hold the detainee at an approved place of detention determined and stipulated by him (Deputy Inspector General of Police), in terms of approved conditions of detention, and that such order shall be made only for the purpose of facilitating the conduct of the investigation.

According to the draft, the detention order could be exceeded up to eight weeks sanctioned by the Deputy Inspector General of Police and any further extensions will be only with the approval of a Magistrate.

TNA misled.-MP Sumanthiran

TNA MP, M. A Sumanthiran contends that placing this draft bill for Cabinet approval is going back on the undertaking given by the government to TNA.

“At the initial stages when this draft was introduced we made a statement and showed how it was more drastic than the Prevention of Terrorism Act, then in force. In response to our concerns, a Parliamentary Oversight Committee was appointed before which I raised issues on why it was worse than the PTA. The officials who presented the Bill agreed to most of the amendments proposed by me, however, they did not agree to change the definition of terrorism. But, the Oversight Committee agreed to change the definition of terrorism which was adopted at the initial stage.” Sumanthiran explained.

According to MP Sumanthiran, the Parliamentary Oversight Committee had adopted the United Nations Working Group’s definition on terrorism.

“I see that this has also been dropped in this final draft that was rushed through Cabinet. It’s difficult to see why this is pushed for by the government, and we will obviously oppose this.” Sumanthiran said. The Foundation for Human Rights (‘FHR’) and the University of Pretoria’s Institute for International and Comparative Law in Africa (‘ICLA’) collaborating on the production of a joint paper reviewing the emerging draft of the ‘Policy and legal framework of the proposed Sri Lankan Counter Terrorism Act’ (‘PLFCTA’) where the latest draft was published on 6 April this year widely criticises the draft for its failure to comply with international human rights norms.

However, the report has highlighted some of the areas in which the final draft had improved on its predecessor.

It is understood that the new draft has responded to comments and advice on the 2016 draft received from a team of international experts as well as from Sri Lankan experts. Consequently, the new draft contains some positive developments, notably in relation to: the definition of terrorism; provisions relating to access to, and conditions of, places of detention; and the use of confession evidence.”

The report highlights several factors of the draft Bill which are considered, are in violation of international and human rights laws and norms. The list includes; Lack of public information and consultation, Definition of terrorist related offence, Pre-charge detention or

Administrative detention, Police Powers and access to independent legal counsel.

The report discusses at length the broad definition given to ‘an act of terrorism’.

The section that deals with the definition of terrorism in the report mentioned states: The PLFCTA states that the extraordinary powers conferred by the Act are available where “an offence contained in this Act is committed…”

There are three types of offences set out in Part III of the Act: the offence of terrorism; terrorism related offences; and associated offences.

The offence of terrorism is defined as follows: “A person commits the offence of terrorism if that person, by any means, unlawfully and intentionally causes:

Death or serious bodily injury to any person; or Serious damage to public or private property, including a place of public use, a State or government facility, a public transportation system, an infrastructure facility, or to the environment; or

Damage to property, places, facilities or systems referred to in paragraph (b) of this section resulting or likely to result in major economic loss; When the purpose of the conduct, by its nature or context, is to intimidate a population or wrongly compel a Government or an international organization to do or to abstain from doing any act, or to cause harm to the territorial integrity of Sri Lanka or any other sovereign state”

That definition is closely aligned with the definition contained in the Draft Comprehensive Convention on International Terrorism. As far as international norms are concerned, it is a reasonable definition to adopt in the proposed CTA.

By contrast, the definition of ‘terrorism-related offences’ is unreasonably wide. It is defined as: “Committing any of the following offences with the intention to or object of, or having the knowledge or reasonable grounds to believe that it would have the effect of adversely affecting territorial integrity, sovereignty of Sri Lanka, or the national security or defence of Sri Lanka, or the security of the people of Sri Lanka”

The report calls that more open discussion on the draft and proposed laws should have been held with the involvement of stakeholders and other interested parties. Although it recognises the discussions that were included in churning out these laws it is found to be insufficient. In conclusion, while commenting on the amendments that is adapted to the first proposed draft, the report proposes further consultation and amendments before tabling it.

“While the amendments made to the 2016 Draft are to be welcomed, the current PLFCTA contains a number of features inconsistent with the international human rights standards to which the Government of Sri Lanka has committed. Accordingly, prior to the tabling of legislation in Parliament, further consultation should take place, in a transparent manner, and further amendments should be made to transform the PLFCTA into a human rights compliant framework for countering terrorism.”

The PTA that was only introduced in 1979 was in response to the war situation that the country was facing at that time. “The operative words in using these drastic laws were to deal with a situation that is a ‘threat to national security’. Reading this I feel like we are still at war. Enacting this gives out the message that as a country we do not uphold rights granted under the ICCPR.” Prof. Jayawickrama concluded.

– Sunday Observer

A Popean caution and the counter-terror comedy of errors

livingbetween

Sunday, May 07, 2017

In one respect, there may be a smidgen of truth in former President Mahinda Rajapaksa’s bitter lament in the immediate wake of his election defeat in 2015.

Continuation of sordid political bargains

He complained that he was ‘set on the wrong path’ at the urging of certain prominent political figures close to him who craftily crossed to the Maithripala Sirisena faction when they realized that his Government was doomed. In particular, he blamed the Jathika Hela Urumaya (JHU) for the disastrous alienation of Sri Lanka’s Muslim community following the Aluthgama riots and other calculated measures aimed at dispossessing Sri Lanka’s minority Tamil and Muslim communities.    

In part, this was a convenient washing of hands. The elevation of the militant Bodu Bala Sena (BBS) and the protection it got from the reach of the law despite virulent hate speech was due to the singular chauvinism and chicanery of his Presidency, powered by powerful sources closer at home, despite frequent denials of the President’ brother and former Secretary to the Ministry of Defence, Gotabhaya Rajapaksa.  

  

Notwithstanding that fact, the pressure exerted by others outside the immediate Rajapaksa family cabal in that sordid bargaining for power was also undeniable. And it is the continuation of that mindset on the part of those persons influential in the coalition Government which explains why it is committing the very same mistakes as its Rajapaksa predecessor, now roaring for a comeback.

A preposterous tango on the CTA

The twin issues of garbage and counter-terror provide good examples. Perceptive political observers will notice exactly who in President Maithripala Sirisena’s Cabinet is insisting on the Government using a heavy hand in dealing with people rightfully protesting regarding the dumping of Colombo’s garbage on their lands. 

So too, the shouting from the rooftops that former Army Commander and Field Marshall Sarath Fonseka should be vested with overall authority to ‘handle’ trade union protestors, released for maximum irony just a few days before May Day. This led to the merciless lampooning of the President no less, with one depiction showing him casting off his civilian clothes and marching towards a military uniform.  The point is that, irrespective from where these asinine ideas originate, they rest on the shoulders of the Head of State, attracting wrath from all quarters.   

      
A similar dynamic prevails in regard to the Government’s preposterous tango with the European Union (EU)

regarding a proposed Counter-Terror Act to replace the decades old Prevention of Terrorism Act(PTA).  As observed last week, the stealthy smuggling in of once discarded offences of espionage et al in the CTA draft approved by the Cabinet masked in deceptive language gives rise to misgivings that this was to mislead careless readers. The Cabinet approval came just before the European Parliament rejected a motion called to defeat the pending approval of restoration of the EU GSP Plus trade facility. Several contradictions in law and the sheer arbitrariness of the draft were examined last week. The insistence is on ‘terrorising’ any person writing or talking in a way that ‘harms’ unity, irrespective of the fact that this draws absolutely no logic from the law and unacceptably chills freedoms of expression. Here too, the insistence can be sourced to the very same points of nationalistic influence that once prominently featured on the Rajapaksa stage.

A pattern of woeful blunders

And the damning culpability of the EU in this regard is undeniable. Indeed the blunders were simple. First, it put a weak Government buffeted by wickedly nationalistic forces including from within its own ranks, into an impossible position. This was to formulate controversial legislation on counter-terror which would ‘balance’ the security of the State and individual rights even though a child could have assessed the fact that the environment was scarcely conducive to such an exercise. And the apparent collusion of in-country representatives of the EU in ‘clearing the CTA sans tough vetting of its contents for compliance to international human rights standards and indeed, Sri Lanka’s own judicial precedents on protection of civil liberties was unforgivable.      

Second and unpleasantly so, civil society pressure on governance reform had been weakening from 2015 itself. Very early on, it was warned in these column spaces that a sanguine belief in the Sectoral Oversight Committee to ‘correct’ a deeply flawed CTA was naive. Now, we see the Tamil National Alliance (TNA) helplessly wringing its hands and bewailing that ‘consensus’ reached within that Committee had not been reflected in the Cabinet approved CTA. But its culpability in watching meekly as the pro-governance impetus stumbled and staggered with each and every compromise arrived at is clear. 

For the same regressive elements in the old Rajapaksa regime were undermining the Sirisena-Wickremesinghe combo from day one itself. Crucially important factors were bypassed in ‘sunshiny’ equations of Colombo’s EU office dazzled by ‘yahapalanaya’ rhetoric. Warning signals issued by visiting UN Special Rapporters on Torture and the Independence of the Judiciary were disregarded. The bedazzlement was such that the fundamental condition of a consultatively public process in finalizing the draft CTA was not insisted on.

Classic example of ill-informed interventions

Added to this is the enormous culpability of the UN. Its performance is a lesson on how not to intervene in highly sensitive processes absent a proper understanding of local complexities.  Seemingly it was on the insistence of certain UN agencies that the draft on counter terror by the Law Commission of Sri Lanka was deemed insufficient for the purpose and discarded. This led to ‘hawks’ in the establishment capturing the process with the end result being this draft CTA, now to be foisted on the people for their manifest sins.  

Indeed, the whole sorry process illustrates exactly how adherence to international treaties should not be negotiated between international agencies and a Government. Well intentioned interventionists rushing in ‘where angels fear to tread’, as the satirist Alexander Pope couched it in his inimitable style centuries ago, can make matters worse, not better. 

Let this be categorically asserted. If enacted in its present form, the CTA raises grave possibilities of abuse under regimes-to-be or (even) under this Government if it wraps the garb of anti-democratic defensiveness around it. But this is not a reality that UN ‘experts’ or the EU will need to confront at any point. Instead its impact will be directly on people unfortunate enough to live here.

The draft CTA came about through a comedy of errors even as Sri Lankans who will potentially be most affected, watched fascinated, furious and powerless. Certainly that mistake must be corrected at least now before it results in irreversible harm.