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

Thursday, June 1, 2017

British rights activist sues Thai authorities


MailOnline - news, sport, celebrity, science and health stories

BANGKOK, May 31 (Reuters) - A British rights activist filed lawsuits on Wednesday against Thai authorities and a major Thai fruit producer, accusing them of unlawful prosecution over a 2014 criminal defamation case against him which had been thrown out of court.

Rights activist Andy Hall has been involved in high-profile legal battles since the publication in 2013 of a report he researched for Finnish group Finnwatch on the treatment of migrant workers by Natural Fruit Company, Thailand's biggest producer of tinned pineapples.

Last year, he was found guilty of criminal defamation over the report and given a suspended three-year jail term in a case that alarmed rights groups who feared that it could set a precedent for the use of similar charges against others.

Hall's lawsuits relate to a separate criminal defamation case over comments he gave to Al-Jazeera television. That case was thrown out by the supreme court last year on the grounds that he was in Myanmar when he gave the interview.

In Hall's lawsuits, he accuses Natural Fruit, nine state prosecutors, and a senior police officer of wrongful and malicious exercise of their duty. He also accuses Natural Fruit of giving false information to authorities.

"I must defend myself against an unlawful prosecution and judicial harassment," Hall said in a statement from Brussels. He left Thailand last year.

Natural Fruit's lawyer, Somsak Torugsa, who was also accused along with the firm, told Reuters he was not worried.

"We're all innocent. I'll fight it and I'll file a counter suit," Somsak said, without giving more details.
Somnuek Siangkong, a spokesman for the Office of the Attorney General, told Reuters he could not comment as he has not seen a copy of the lawsuit.
The senior police officer said he had no comment.

Hall also faced civil defamation cases over both the report and the television interview.

Thailand, one of the world's key food exporters, employs an estimated 3 million migrant workers, mostly from neighboring Myanmar. (Reporting by Patpicha Tanakasempipat; Editing by Matthew Tostevin and Michael Perry)

Hospitals Become the Front Line in the Syrian Civil War

And aid groups say U.S. budget cuts may endanger doctors and further fuel the migrant crisis.
Hospitals Become the Front Line in the Syrian Civil War

No automatic alt text available.BY BETHANY ALLEN-EBRAHIMIAN-MAY 31, 2017

Mahmoud Hariri, a surgeon born and raised in Syria, has lost track of how many times his hospital in Aleppo has been bombed since the Syrian civil war began in 2011.

He’s seen patients die on operating tables during attacks. One patient pulled a tube out of his own body to flee a hospital as it was bombed. Once, while Hariri was visiting a nearby medical facility, it too was bombed. As he fled, he discovered a human brain on the street outside. He picked it up, put it in a small box, and later returned it to the hospital.

The intensive care unit is especially nightmarish during an attack. “You have to bring trolleys and bring unconscious patients out,” Hariri explained in a phone interview with Foreign Policy magazine. “There are no elevators to bring the patients down, so you are carrying them down the stairs.”

The intentional destruction of hospitals is one of the most important factors driving Syrians out of their country, fueling the largest global migrant crisis since World War II. To save patients and medical workers, staff have moved entire hospitals underground into basements and caves, constructing military-like fortifications to try to keep operating even as the bombs keep falling.

“Healthcare in Syria has been weaponized,” said Kathleen Fallon, a co-author of the Syria Campaign report, speaking at an event hosted by the Middle East Institute in Washington, DC. “Field hospitals inside of Syria have quite literally been driven underground into caves and into basements.”

But now those efforts could be endangered. U.S. and U.N. grants have helped make these expensive protections possible, but USAID faces drastic budget cuts as part of President Donald Trump’s America First platform. As a result, aid groups worry that reduced funding will put innocent lives at risk, exacerbate the refugee crisis, and allow extremist groups to fill the void.

The Syrian civil war is the 21st century’s deadliest conflict so far, with more than 450,000 killed and 12 million displaced. More than 4.8 million Syrians have fled the country, pouring into neighboring countries and Europe.

In addition to military campaigns against rebel groups, Syrian President Bashar al-Assad’s forces have deliberately targeted medical facilities, schools, and infrastructure throughout opposition-held regions. Since 2011, 454 medical facilities have been targeted, according to a May 2016 report released by the Syria Campaign, an advocacy group that works to protect Syrian civilians. Assad regime and Russian forces were behind 91 percent of those attacks, according to the report; the Islamic State sometimes kidnaps doctors but has no airforce capable of aerial assaults.

Those attacks on hospitals dramatically increased in frequency once Russia waded into the fray in the fall of 2015. In April, one medical facility was attacked every 29 hours. The more Syrian hospitals burrowed underground seeking protection, the harder Russian forces sought to hit them.

They aren’t aberrations. The attacks are part of a total assault on civilian life in rebel-held areas.

“They’re targeting schools, they’re targeting infrastructure. They’re targeting life — the very basic needs of life,” said Jomana Qaddour, co-founder of Syria Relief and Development, a nonprofit which has operated humanitarian programs in Syria since 2011, in an interview with FP. Civilians must live near places where they can access the basic necessities of life, Qaddour explained, and in the middle of a war, medical care is a top priority.

By targeting hospitals, regime forces are destroying lifelines and forcing people out of their homes.
“They want to make it impossible for people to live outside of government-held areas,” Qaddour said.
“They want to make it impossible for people to live outside of government-held areas,” Qaddour said.
To protect against attacks, aboveground hospitals added layer after layer of fortifications. Workers created “sacrificial” floors, empty floors at the top of the building that will absorb the brunt of any aerial assault. They built concrete walls around the hospital, strengthened building frames to prevent collapse, and covered windows with sandbags.

But the safest approach is simply to dig, to go deep into basements or natural caves, or even build whole new facilities underground. A cave hospital can cost up to $800,000, and an underground facility up to $1.5 million,according to the report. But that’s more cost-effective than rebuilding destroyed facilities — especially since priceless medical equipment is often destroyed as well. There are currently four cave hospitals in opposition-held regions in Syria and 21 underground hospitals. The majority of hospitals still use only sandbags, or have no fortifications at all.

As hospitals have strengthened their walls and moved underground, however, Syrian regime and Russian forces have deployed bunker-busting bombs and chemical weapons to blast through fortifications and suffocate those trapped underground.

“When we saw hospitals move in the direction of completely underground was when the Russian involvement in Syria escalated, “ said Qaddour. “When Russians started bombing, we even saw different kinds of missiles being used…able to penetrate much further.”

“On Christmas Day in 2015, the Russians hit our hospital twice,” said Qaddour. “They hit it once, waited for rescue workers like white helmets to come, and hit it again.”
Chemical weapons can also turn underground and cave hospitals into death traps
Chemical weapons can also turn underground and cave hospitals into death traps, as medical staff and patients at Latamnah Hospital, an underground facility in the western Syrian city of Hama, learned on March 25, 2017. When bombs containing an airborne poison landed at the hospital’s entrance, the toxic agent spread throughout the underground structure. Ali Darwish, an orthopedic surgeon, was in the middle of an operation when the bombs hit. He chose to continue operating, rather than flee with other medical staff. He later died.
Funding and support for Syrian hospitals comes from numerous non-governmental organizations with operations on the ground. These groups, in turn, rely in part on government grants, including from USAID’s Office of Foreign Disaster Assistance.

Yet according to a copy of the Trump administration’s 2018 budget proposalobtained by FP, the plan is to gut foreign direct assistance, slashing support for foreign missions and in some cases zeroing out budgets for certain programs.

While Congress is very unlikely to agree to all the cuts, many USAID programs will face fiscal pressure in the coming year. The budget proposal is an indication that Trump isn’t afraid to end America’s long history of generous foreign aid, even though experts warn such a move would be counterproductive. Andrew Natsios, former USAID Administrator under President George W. Bush, predicted it would be an “unmitigated disaster for the longer term.”

“The 2018 Budget will allow the United States to retain a leadership role in shaping global humanitarian assistance and will continue to allow for funding of needs in Syria and other crisis areas while also asking the rest of the world to increase their share,” a USAID spokesperson told FP. The spokesperson also said that the budget aims to improve the “efficiency and effectiveness” of humanitarian programs.

For an administration eager to check Syrian immigration, cutting funding to aid groups would seem to be counterproductive. The link between refugee flows and hospital bombings is well-established, said  Basel Termanini, vice president of the Syrian American Medical Society, a Washington-based nonprofit that supports 1,866 medical workers and 139 medical facilities around parts of Syria that are beyond the control of Assad or the Islamic State.

Termanini said that after the last hospital in eastern Aleppo was destroyed in late 2016, a wave of people left the city.

“Without the United States as the most generous donor in the funding space, the conditions on the ground are only going to get worse,” said Qaddour.

Some remedies for attacks are straightforward. Reverse ventilation systems, which pump out toxic gas in the case of a chemical attack, can keep underground and cave hospitals safe, but these systems are expensive.
Syrian hospitals illustrate how drastic cuts to foreign aid could backfire in the long run.
Syrian hospitals illustrate how drastic cuts to foreign aid could backfire in the long run. Protecting hospitals keeps more Syrians in their cities and homes, and out of refugee camps. And, as U.S. military and government officials have long recognized, foreign assistance is an important tool in the fight against terrorism. If aid is cut off, that creates a space that allows other, less desirable groups to provide assistance, thus earning the gratitude and loyalty of the Syrian populace.

“If we’re not able to fund these humanitarian projects that we have been funding for five or six years now, who is going to fill those gaps?” said Qaddour. “There are entities that could fill that gap – when good guys leave a vacuum, the bad guys are pushed to fill it.”

Hariri, the surgeon from Aleppo, is currently completing a one-year fellowship at the Harvard Humanitarian Initiative, but hopes to return to Syria soon. He knows that the long-term solution to the struggles of the Syrian people can only be achieved by lasting peace. But in the meantime, if ceasefires and safe zones aren’t working, the next best step is to protect hospitals and doctors and those they treat.
“Behind each individual person who is killed, there is a story of a family, of a father, of a mother, and kids,” Hariri said. “In reality, it’s not about numbers. People are not numbers.”
ABD DOUMANY/AFP/Getty Images


This piece has been updated to reflect the precise number of medical workers and facilities that SAMS supports in Syria.

Hold on, pain ends!

Ruwanthi Abeyakoon-Wednesday, May 31, 2017

What happens when it hurts too much to live? Can it really be too painful for someone to live one more moment with emptiness, depression, and despair? Yes, for some people suicide seems like the only way out.

The rationale behind suicide, which is defined as the intentional taking of one's own life, can be as simple or as complex as life itself. The person who commits suicide may see his or her actions as some sort of solution to a severe physical or psychological dilemma. Many people each day walk the pavements of life with enormous amounts of emotional pain. Living is difficult when you lose the one you love, your job, feel backed into a corner or entangled in financial constraints. Some will say there is no reason to live after the spouse has died when there is no way out of the financial troubles, no more purpose of living after serious injury or illness. This thinking can trap a person into a narrow chute, seeing their demise as the only reasonable choice.

But not everyone contemplates suicide. Some may hold on to strong religious beliefs that prevent them from ever taking such action. Others hold on to an important value in life which gives them hope and help them seek another way. People with good emotional health are in control of their behaviour and their emotions.

Challenges of life

Emotionally healthy people are more than capable of handling the challenges of life. They are more able to cope with difficult situations in life, bounce back and move on. However, not all of us are blessed with good emotional health and sadly many people do consider thoughts about ending their life. Wanting to die is not enough to trigger suicide. To end their own lives, humans need the guts and the means to carry out their plans. Every person who contemplates killing themselves is not truly interested in ending their time on earth. For many, suicidal thoughts are about escape. It is merely the idea of leaving the bonds that bind them to other people, responsibilities, burdens and the despair of what they can’t change. Sumithrayo, a government approved charity organisation, is taking untiring efforts to alleviate human misery, loneliness, despair and depression and thereby prevent suicide in Sri Lanka.

Global suicide rate

“Suicide is a complex problem for which there is no single cause or single reason. It results from a complex interaction of biological, genetic, psychological, social, cultural and environmental factors. It has no racial or class distinctions and suicidal thoughts have no holidays. They can occur anytime,” Jomo Udaman, Trainer and represent of the Council of Management, Sumithrayo said.

“A person who is suicidal feels isolated and alone with his or her problem. At times like this talking about their stressful situation with a non-judgemental, accepting, understanding and caring person can throw a different light on the situation and help diffuse the suicidal impulse.

People faced with an emotional crisis mostly require informal and confidential emotional support. A friend, who has the time to listen, does not advice or criticise but helps the person to come to terms with the situation and feel confident to cope with it,” he added.

Sumithrayo, founded by Joan De Mel in 1974 is at present housed at Horton place, Colombo 07. The organisation was incorporated by Act of Parliament No.10 of 1986. Sumithrayo shares the same vision as Samaritans of UK and Ireland and as a member of Befrienders Worldwide, the international arm of the Samaritans, follow the same principles and practices.

“There are about 100 volunteers in our organisation. The volunteer service is available 365 days of the year to provide confidential emotional support for people who are experiencing, feelings of distress or despair, including those that may lead to suicide. A better network of a support system should be established to prevent suicide,” Uduman said.

Uduman highlighted that Sumithrayo has been at the forefront of suicide prevention. “This is a free and confidential service. We are open from 9 am to 8 pm every day of the year. Anyone who needs their support can call 2692909, 2683555, 2696666 or visit us at 60B Horton Place Colombo 7 or email: sumithra@sumithrayo.org. People of all ages seek to befriend from us for concerns that include marital, family, domestic violence, sexual abuse and harassment, relationship issues, mental health, grief, loneliness and low self- esteem,” he said.

“Instead of sympathising, we empathise with their shame, anger, embarrassment, guilt or rejection. Attempting Suicide is never the result of a single factor or event and is likely to have several inter-related and complex causes. The single factor or event like a scolding or a broken relationship is the trigger that causes unbearable pain coupled with the inability to cope leads to suicide,” Uduman added.

Suicide in Sri Lanka

According to global statistics of the World Health Organisation, one person commits suicide every 40 seconds (16 per 100,000 population). The projected global suicide rate for the year 2020 is one in every 20 seconds. Suicide is now among the three leading causes of death among those aged 15 to 44 years. More males commit suicide while more females attempt.

At an average, 12 persons commit suicide in Sri Lanka every day. Whilst suicide is rapidly increasing around the world, the suicide rate has greatly reduced from an alarmingly high rate of 47 per 100,000 population in 1995 to a rate of 16 (police statistics 2010) in Sri Lanka. “Sri Lanka had the world’s highest rate of suicides in 1995. Although the number has reduced gradually, the number of attempts which is 10 to 20 times more is steadily on the rise. This clearly indicates that there is still an acute national need to help those who need emotional support. Death by suicide is more common in the rural areas where agricultural chemicals are readily available, despite great attempts made with respect to use of less toxic chemicals and safe storage,” Manisha Wickramanayake, Trainer/representative of Management Council, Sumithrayo said.

“Young adults and the elderly are the most vulnerable in our society. Poor coping or decision-making skills and the absence of a support system is one important factor that leads to suicide. In 1996 when the special Presidential Task Force set up the National Policy on suicide prevention, it was recognised that mental illness, alcohol and drug use, poor coping skills, are all contributory factors that lead people towards suicide in Sri Lanka. Services are therefore targeted towards helping people who fall into these categories,” she added.

Media coverage of suicide

“Reporting of suicide on media at times promotes suicide. Dramatic coverage on suicide stimulates the vulnerable readers and we are unconsciously promoting suicide. Thus the coverage should include stories of hope and recovery, information on how to overcome suicidal thinking and increase coping skills, Surangi Gunawardane, Trainer/ representative of Sumithrayo Management said.

The potential for online reports, photos/videos, and stories to go viral makes it vital that online coverage of suicide follow site or industry safety recommendations. Social networking sites often become memorials to the deceased and should be monitored for hurtful comments and for statements that others are considering suicide. Message board guidelines, policies, and procedures could support the removal of inappropriate and/or insensitive posts.

“We are currently tackling Facebook, Internet and other social media sites. People get involved in these when they are isolated. We hope to reach out the young generation in this regard,” Gunawardane said.
The stories of suicide might have an effect on vulnerable individuals or people connected to the person who has died. Providing information on how to contact appropriate local and national sources of support can encourage people experiencing emotional problems or suicidal thoughts to seek help which in turn can save lives.

Details of suicide methods have been shown to prompt vulnerable individuals to imitate suicidal behaviour. Thus care should be taken when giving any detail of a suicide method. Reporting on suicide methods may also drive people to the internet to search for more information and vulnerable individuals may identify with a person who has died, or with the circumstances in which a person took his or her own life. It is also important not to brush over the complex realities of suicide and its devastating impact on those left behind.

Reporting suicide as a tragic waste is more beneficial in preventing further deaths. A sensitive story that explores the emotional devastation of a suicide on family and friends may prompt people with suicidal thoughts to reconsider or to seek help thus further curbing the rate of suicide in our society. 

Tuesday, May 30, 2017


01top 10 challenges in htmtop 10 challenges in htm01
President Maithripala Sirisena being presented with the report by fDi Magazine Deputy Editor Jacopo Dettoni as Special Assignments Minister Dr. Sarath Amunugama and Finance Minister Mangala Samaraweera look on

- Pic Upul Abayasekara
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  • As Finance Minister pledges to work harder than he was as Foreign Minister 
  • Insists trade agreements would be negotiated with focus on SL interests 
  • Singaporean FTA to be completed ahead of PM visit  
  • Emphasises reconciliation and economic growth inseparable    
 By Uditha Jayasinghe--Wednesday, 31 May 2017

Newly appointed Finance Minister Mangala Samaraweera yesterday sought a conciliatory and supportive relationship with the private sector pledging to work on their behalf and negotiate trade agreements with focus on Sri Lankan interests.

Attending his first official event as Finance Minister, Samaraweera delivered the keynote at the inauguration of the  “Sri Lanka Investment & Business Conclave 2017: Growth through Partnerships”, organized by the Ceylon Chamber of Commerce (CCC) yesterday. Keeping a foot in his previous portfolio as Foreign Minister Samaraweera insisted that reconciliation and economic growth could not be separated from each other.

“For Sri Lanka to break free from middle income country status towards a higher income category country it is essential that we not only build physical infrastructure but set up corresponding globally recognized regulatory mechanisms and investment practices that meets Sri Lanka’s aspirations to become a regional hub for financial services for international trade,” he said.

“I want to assure all of you that all these agreements will indeed be negotiated carefully with positive and negative lists, safeguard agreements and dispute settlement mechanisms, which peruse Sri Lanka’s interests.”

Samaraweera recalled the potential Sri Lanka had at Independence but expressed hope that the country still has the chance to turn things around and use its 70th Independence to chart a new beginning. The economic policy plan presented by Prime Minister Ranil Wickremesinghe last October was referred to as a blueprint the government would follow.

“To support these efforts, together with my Cabinet colleagues I have worked, during the last two years or so as the Foreign Affairs Minister, to create the best possible enabling environment for Sri Lanka to attract more business, trade and investment. Now in my new portfolio I will work closely with all of you as well as with the international community and all stakeholders to work even harder to realize the economic development democratization and the reconciliation agenda of the national unity government for the benefit of all our people.”

“In fact this is where reconciliation comes in. Without reconciliation and durable peace, without guarantees of non-reoccurrence Sri Lanka cannot exceed on its successes. That is the very reason that the Ministry of Reconciliation has been given the highest priority and it is a subject under the president.”

He went onto say that human rights, democracy, good governance, rule of law are all elements of stability and in turn foster development. Reconciliation and development are intertwined. “Without reconciliation and a stable foundation economic progress would once again evade our nation. In fact this is why a new Constitution in important, a Constitution that would celebrate the diversity of Sri Lanka as a multi-ethnic, multi-religious, multi-lingual country.”

“The national unity government focuses on a three-pillared agenda that is essential in this context. Democratization, which includes strengthening good governance and the rule of law. Reconciliation, which is truth seeking, reparation, accountability and guarantees of non-recurrence. The third pillar being sustainable and equitable development with employment generation that transmits the benefits of growth widely is critical. The private sector and partnerships are key. The growth model Sri Lanka evolves would need to be private sector driven with exports and FDI as key pillars.”

Reiterating the government’s plans to forge fresh trade agreements with China, Japan and Singapore as well as deepen existing ones with India, Samaraweera was optimistic that by the end of 2017 Sri Lanka would have preferential trade access to

 I believe the Singaporean agreement I was told would be able to be completed before the end of the year, before the expected visit of the Singaporean Prime Minister in December. The restoration of the GSP+ facility earlier this month was a remarkable expression on confidence in Sri Lanka by the European Union. If all works well by end 2017 Sri Lanka would have preferential access to a market of nearly 3 billion people,” he said. 

Sri Lanka tops island economies ranking 

  • fDi Magazine makes top pick in first ever “Island Economies of the Future” 
fDi Magazine, part of The Financial Times UK, has selected Sri Lanka as the top pick among twenty seven island economies around the world as having the most potential to attract investment.

The official award certificate was presented to President Maithripala Sirisena and Finance Minister Mangala Samaraweera during the official launch of the Public Private Partnership (PPP) Unit yesterday.

 The launch was part of the inauguration of the “Sri Lanka Investment & Business Conclave 2017: Growth through Partnerships”, organized by the Ceylon Chamber of Commerce (CCC).

“If this result confirms the country’s potential for investment achieved in the past few years it does not necessarily mean that this potential has fully materialized yet. In fact levels of FDI remain relatively low. In 2016 foreign investment accounted for less than one percent of GDP, well below the rate for South Asian countries which the World Bank says is about 1.8% on average,” said fDi Magazine Deputy Editor Jacopo Dettoni making a short presentation.

“For a country to fulfill its FDI and perhaps one day become the “Switzerland of the East” our data suggests that further steps have to be taken in terms of improving infrastructure and governance, in terms of developing a rich and diverse business climate and upgrading the framework to enable local as well as foreign investment.”

“Initiatives such as the launch of this new PPP Unit is definitely a step in this direction and it is our hope that our rankings can provide policy makers a useful tool to benchmark Sri Lanka against other island economies all over the globe and come up with refined policy making that will increase the country’s attractiveness for foreign investment. Also these rankings reiterate a message to investors all over the globe that Sri Lanka has got great potential for foreign investment moving forward,” he added. 

We will die for our children – 100th day of protest tomorrow in Kilinochchi


Tomorrow, May 30th, marks 100 days since the families of the disappeared started protesting in Kilinochchi.
Home29 May  2017

For 100 days, protestors, mainly women, have continued to sit in heat and dust along the A9 in Kilinochchi Town – just steps away from the Sri Lankan Army’s 57 Division Headquarters. Protestors’ relatives were forcibly disappeared during or after the war including through abduction, when being handed over to government authorities or while in government custody for rehabilitation. In addition to the overarching demand for the truth about the whereabouts of their loved ones, the two specific demands families have been articulating which are for the government to:

1. Release the name list of those forcibly disappeared; and

2. Release the name list of those being held in secret detention centers and permit family members to visit such centers.

“Our intention is to have our loved ones back, to live again with our children and siblings, that is our intention. One of the elderly women here repeatedly says – before I die I want to live at least one day with my child. The government needs to understand this,” a protestor told Tamil Guardian. Several protestors conveyed the desperate need for closure – including full information on their child’s death if it is the case that they are deceased.
Name(s): Muralitharan Nadesu; Kirishnakmari Muralitharan; Sariyan Muralitharan & Apitha Muralitharan
Date of Disappearance: May 18, 2009 

“We gave our children to you [government authorities] with trust… children, father and mother… he [the father] was the only person who was a part of the LTTE…”
“I will light myself on fire…how can I live thinking of these young children... I’m there grandma. When they were born would they have thought that they would be living as they are now? They may have been abused …would they have eaten any food that they liked?”
Over the past 99 days, there has been no government response to the protest – no senior level government official has even addressed the issue. The group has even made lobbying efforts such as requesting that the European Parliament not restore GSP+ status until a list of surrendees/detainees is released
Name(s): Thavakumar Thirugnansampanthamoorthy
Date of Disappearance: April 22, 2009 

“They [the army] took us like a herd of cows and kept us without food, I had fainted many times….Some people were selling king coconut and so my son went and bought one and then when he went to get it cut he stepped on a land mine. The army took him to the hospital and they forbid me from going with him. He is my only child.”

“My son is a compassionate person. When people were gravely injured in the Mathalan hospital, the TRO was giving food but many of them left in fear. My son knows how to drive and so him and his uncle would go and deliver food to the hospital. When he returned back I would question him and ask him how he had the audacity to go, what if you got stuck in a cell attack, what would I do? I would ask. He held me and said, is my life the only life? Come see the other people in the hospital and what condition they are living in...” 

Nonetheless, with the support of the neighboring Murugan temple and local community members, the protestors have persevered in their campaign. However, many of the participants are experiencing diminishing physical and mental health conditions. Several women are unable to sleep and eat; while fainting and being admitted to the hospital is a common occurrence.
Name(s): Abirami Premnath
Date of Disappearance: 2009 

“My daughter reached Zone 4 [Menik Farm IDP Camp]… people there told us that she was there but by the time we reached there she was gone. People said that she had been loaded onto a bus.”

“She had gotten accepted into university [for music]…she could sing well and she was sharp… We want our child, we are living in the belief that they are alive.” 

As mothers prepare for a major demonstration tomorrow marking 100 days of the protest, there are reports that police have applied to the Kilinochchi Magistrate for an order staying any big demonstrations. Many of the protestors emphasized to Tamil Guardian that this protest is the end of the rope for them. “We are all prepared to drink poison and die… we will die for our children.

SRI LANKA : CURRENT ECONOMIC AND SOCIAL POLICY—KEY CONCERNS



Sri Lanka Brief31/05/2017

08. There are serious concerns about the current Government’s moves to slash public expenditure, especially on health and education in 2017. Moreover, the push for privatization and the plans to initiate sweeping reforms in critical areas, such as social security, land and labour guided by the World Bank and the International Monetary Fund’s austerity mind-set, raises many serious concerns. Whilst food producers—farmers and fishers—battle dispossession, massive tax concessions and holidays are being given to foreign investors for large and medium-scale projects; for example, to build the Colombo Port City or establish commercial farms for export. Even as a highly regressive tax system and spiraling cost of living squeezes the poor and near poor, the Government is prioritising ‘reforms’ of the Samurdhi programme that will almost certainly see reduced net transfers and more debtoriented schemes.

09. Sri Lanka’s much vaunted middle-income status and impressive aggregates of human development, in areas such as health and education, in fact hide much more than they reveal. About 40 percent of the population lives on less than 225 rupees per person per day, (3) multidimensional poverty measures classify an additional 1.9 million people as poor (4) and almost 70% of the labour force is in the informal sector, with low wages and no social security (5).

Add to this a crisis in nutrition in many parts of the country, very low levels of investment (relative to GDP) in public health and education, and a weakened social protection system—all of which are exacerbated by gendered, ethnicised, caste and class-based deprivation as well as exclusions.

10. Decades of inequitable political economic development have generated a landscape with many and expanding pockets of marginality and precariousness. This is evident in places as far apart and diverse as Monaragala, Batticaloa, Puttalam and Mullaitivu, which have entrenched pockets of poverty. Moreover, as discussed in this report, communities ranging from Colombo’s urban poor and the Up-Country plantation community to the Veddas and manpower (contract) workers in manufacturing, services and agriculture, as well as fishers and/or farmers fighting for their land in Panama, Kepapulau, Mullikulam, Vallikamam, Kalpitiya and Uma Oya, all suffer forms multiple and shared forms of deprivation and exclusion. All of the above underlines that Sri Lanka’s commitments under the ICESCR assume an urgency and significance today that they have perhaps never had before.

3 The World Bank (2016, February 16), Poverty has Fallen in Sri Lanka but Fiscal, Growth, and Inclusion Challenges Need to Be Tackled to Sustain Progress. Retrieved from The World Bank: http://www.worldbank.org/en/news/pressrelease/2016/02/16/poverty-has-fallen-sri-lanka-but-fiscal-growth-and-inclusion-challenges-need-to-be-tackled-to-sustainprogress

4 The Centre for Poverty Analysis (2017, January 08), Magic ‘line’ that makes us rich or poor. Retrieved from The Sunday Times: http://www.sundaytimes.lk/170108/business-times/magic-line-that-makes-us-rich-or-poor-222743.html.

5 Gunasekara, V. (2015), Unpacking the Middle: A Class-based Analysis of the Labour Market in Sri Lanka, Southern Voices Post-MDG International Development Goals, Occasional Paper Series, Vol. 22, Dhaka: Southern Voices.

– From a Joint Civil Society Shadow Report to the United Nations Committee on Economic Social and Cultural Rights. April 2017.

RTI Commission Of Sri Lanka Concludes Several Appeal Hearings, More On The Way

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30 May 2017. Colombo, Media Statement: Marking little more than three months since Sri Lanka’s Right to Information Act, No 12 of 2016 was operationalised on 03rd February 2017, the RTI Commission notes its appreciation of the significant numbers of Public Authorities and citizens who have reached out to the Commission during the intervening period. This indicates the support and interest evidenced by the public who are, in growing numbers using their ‘Right to Information’ guaranteed to them under the Act. It is very encouraging to see that some Public Authorities are in fact, voluntarily complying with the pro-active disclosure requirements of the Act.
As the statutorily independent appellate body established under the Act, the Commission is pleased to announce that it has recently concluded the hearing of two Appeals, during which process, both Appellants received the information that had been requested under the Act from Public Authorities noticed to appear before the Commission, to the satisfaction of the parties concerned. Currently, several more Appeals are pending hearing.
The Commission has been receiving many requests for guidance from Public Authorities in respect of procedural and substantive aspects of the RTI Act along with letters from Citizens (including public officers themselves) on injustices caused to them by the denial of information. Close to three hundred such letters have been received during the past months.The Commission is heartened by the use of RTI as evinced thereto. Responses to the letters have beenon an individual basis, strictly in chronological order of the date of receipt. As the Commission is still operating with a skeletal staff from temporary premises, it is responding as speedily as possible to the same.
Particularly in regard to advice being requested by information officers of Public Authorities, the Commission notes that it will respond in terms of Section 5(5) of the Act where advice is being sought regarding a procedural matter ‘connected with the grant of access to any information.’ However it is regretfully unable to advice on a substantial matter relating to the application of the Act given that this may prejudice the hearing of that same matter, in the event that it comes up formally in appeal. In this regard, the Commission wishes to emphasize the primary aim of the RTI Act is the maximum disclosure of information subject to narrowly drawn exemptions that again must yield to the overriding principle of the public interest.
The Commission calls upon Public Authorities who have not yet complied, to abide by the mandatory statutory duty to name and publicise the appointment of Information Officers and Designated Officers as required by the Act.
It is also with great pleasure that the Commission announces the forthcoming launch of the Commission’s RTI logo as well as its website which will be in a basic form and further updated progressively. The website will have links to the Commission’s Strategic Implementation Plan (SIP) for the years 2017-2019, concluded appeals, and relevant documents relating to RTI.
Importantly it will also feature drafts of Rules on Inquiries and Report Formats (under Section 10) as per Section 42 of the Act, as well as Guidelines relating to the proactive disclosure of Public Authorities under Sections 8 and 9 of the Act. These draft Rules and Guidances are being put into the public domain for feedback prior to finalisation and gazetting.

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People keen on new constitution


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by Fr. Augustine Fernando- 

Diocese of Badulla

A well attended and keenly followed, four hour session of study on the matter of the New Constitution was held at Mount View Hotel, Badulla, on Monday 22nd May. Lal Wijenayake was the keynote speaker. Very lucidly explaining the work that had been done in preparation for drawing up the draft of the New Constitution, Wijenayake said that over 2500 persons representing various important groups of people were interviewed and over 3000 written statements were examined. Further, the six subcommittees of parliamentarians have submitted their observations on matters pertaining to 1. Fundamental rights 2. The Judiciary 3. Law and Order 4. Public Finance 5. Public Service 6. Centre Periphery Relations.

RESPECT EXPECTATIONS OF THE PEOPLE

All views presented by the people, including those of some expatriate professionals have been carefully summed up in a 300 page volume. What has been done is unprecedented in our Country. The draft Constitution has to be prepared. Once prepared it needs to be presented to the Constitutional Assembly which consists of all the 225 MPs. They will have to see that the final draft measures are up to the expectations of the people.

It is incumbent on them to read through at least the 300 page volume and the six committees’ recommendatory proposals which may run to another 500 pages. By reading them carefully, the MPs will come to know what the peoples’ views are on democracy, reconciliation, power sharing, good governance and the need for checks and balances and accountability on the part of all power holders including the President, Prime Minister, Judiciary, the Cabinet of Ministers and Elected Representatives. If all of them submitted yearly reports to the public on line, then the public will be able to evaluate, from the kind of report they submit, whether a proper and honest job has been done by each of them .

BE ABSOLUTELY HONEST

Now, the problem is that over 100 MPs do not have the background to sit down and read through, understand, digest and select the best options in the many pages before them. They are handsomely paid to attend to this serious matter, yet they seem to be congenitally incapable of attending to functions they have been elected to perform. The educational, professional, ethico-moral and behavioural standards of more than half the number of MPs leave much to be desired. Nevertheless they cannot now shove off their crude capabilities in many and various ways.

Provided they had the capacity to do the basic work of reading through all the suggestions of the people contained in the exhaustive summaries, and take it all in, they should then seriously consider those best options that have made their way to the new draft Constitution. It would be impossible for each one of them to incorporate his or her options. If they are all far-seeing and clear sighted, they would have recourse to a ‘technique’ in their debates, discussions and dialogue, which need not be acrimonious at all, as they often become outside the august chamber. At least at those times in Constituent Assembly they could discuss the input to the Draft Constitution, they could become their best selves by transcending themselves to become ‘Founding Fathers’ of the new Sri Lanka coming to birth in the second decade of the twentyfirst century. Absolute honesty and integrity is called for from the MPs. If they wish to sincerely fulfill the obligations for which they have been put in Parliament, in whatever manner. The prospect before some of them is such that, aware that it would be impossible for every single one of them to get re-elected to the next new Parliament, many of them will need to make the ultimate sacrifice of the possibility of not returning to Parliament as an MP. Do many of the present MPs have at least this capacity ? Or would they rather sacrifice the future of this Country for them to ensconce themselves once again in Parliament? Nor should they be able to console themselves in the possibility of finding a place in the Second Chamber, should one come to be established. The second chamber should never be for party politicians but for experts, professionals and eminent persons in various fields.

NO HYPOCRITES & BLUFFERS

The past seventy years of Sri Lanka has been for her people, years of great tragedy brought on them by political parties and individual politicians who have caused havoc in the Country in such a manner that we have been left behind while other Countries in our Asian neighbourhood itself have made great strides, developed and forged ahead. Most MPs have been and still are feudal and shallow minded individuals who do not respect people but once elected wish to be only condescending towards them. We do not need hypocrites and bluffers of whose specimens we have seen very notable ones in the past few decades and far too many after the war.

The data gathered from all over the Country show that the greatest majority of the people wish to have a thoroughly democratized system of government and they want to see reconciliation, harmony, unity and peace in Sri Lanka. A radical change took place on January 8th 2015. Fear has been banished and there is freedom now. Yet, the ghosts that threatened the people are still among them: the unheard of corruption they indulged in, the social disorder they caused, the rights of the people they trampled underfoot so haughtily, arrogantly and despotically, the hatred they generated, the many they killed and the blood they shed cry to heaven for justice. Many prominent persons now acting as cowards are still out there. Justice that people expect is still to be meted out.

EQUALITY IS NO DEATH TRAP

We should do everything to have a Constitution based on the equality of all citizens. All citizens of Sri Lanka should have equal rights and civic responsibilities. No one should be immune from and above the law. The law should be supreme and all should be equally subject to the law from the highest citizen in the land to the ‘most humblest’ of all, as Shakespeare himself would say. Each and every citizen should be able to hold his/her head high and go forward with honour and self-respect. No member of the Constitutional Assembly should fail even by an iota in the constitutional task of presenting to the people for a referendum the best possible draft of a New Constitution for Sri Lanka.

Some time back an asinine minister tied a government servant to a tree as due punishment he thought of imposing on that official for not appearing for a departmental operation. Another idiotic fellow made a teacher kneel down before the students, for ‘humiliating’ his daughter at school by telling her that her skirt was too short! We did not hear that the party leaders called these swollen headed fools to order or remind them of standards of acceptable public behaviour. Now comes another who has imaginations of the wilderness. He says the non-existent constitution draft is a ‘mara ugulak’ – a death trap, for the people!

The people wonder how some of them act like clowns on occasion and proclaim very authoritatively that the Preparatory Committee has prepared a trap for the people, when it is from the people’s input that the draft of the New Constitution is prepared. It is up to the Constituent Assembly not to mangle and re-draft out of shape what has been prepared. What they have to do is to dot where dotting is needed, make the reading lucid and clear and approve the Draft New Constitution by a two thirds majority and present it to the people for a referendum and persuade them to accept it.

A CLEAR PEOPLES’ REFERENDUM

The Referendum should be more than a yes or no one. A few questions could be asked for the people to answer so that they could indicate their preferences. The promise was to abolish the executive presidency, as it existed and as it was exercised, which also meant the President could arbitrarily appoint an apparently unsuitable individual as a Chief Justice and a henchman as Police Chief. If the People wish to have an executive President with limited powers and answerable to Parliament, even that option could be manifested in the Referendum.

The campaign should be on those articles which are crucial and on which the New Constitution will be hinged on. The General election could come after the Referendum and under the new Constitution so that there will be no more constitutional confusion.

Awards, Recognitions and Sri Lankan Creative Writing in English



Featured image courtesy University of Kelaniya

SASANKA PERERA on 05/30/2017

Editor’s Note: The text reproduced below is the longer version of the introductory comments made at the BMICH, Colombo on 27th May 2017 at the announcement of the winner of the Gratiaen Prize 2016. 

 About Concerns of Judges

When speaking of the concerns we have as judges with regard to our experiences in judging the entries for the 2016 Gratiaen Prize, I am speaking on behalf of my fellow judges, Chandana Dissanayake and Ruhanie Perera as well.  These are our collective thoughts. Over two decades, the Gratiaen Prize scheme has been an important system in providing recognition to writers in Sri Lanka who write in English. And this should continue. We already noted in April when the short list was announced that it would be best to institute separate award schemes for different kinds of creative writing in English on the same model as the H.A.I. Goonetilleke Award for Translations. Though difficult, this is not impossible if there is a willingness to work with other concerned entities and people who may share the same goals and ideals. 

Sri Lanka: My Experiences as a Judge

There is no legal basis at all to delay the Fundamental Rights application simply because a criminal action is pending. In law, the two are very separate types of actions and the matters that the courts have to decide are based on different legal criteria.

by B.F.R.Somasighe-
( May 31, 2017, Colombo, Sri Lanka Guardian ) I am writing this to the public as a judge who has presided over the affairs of the public for 16 years as a Magistrate and as a District Court Judge. For all those 16 years, my record has been impeccable.
I want to bring to the notice of the public that, due to a certain judgment I gave as a District Court Judge in a civil dispute, which I did to the best of my ability and purely on the basis of the principles of law and justice – all of which I was appointed to uphold -, I have come to a very serious difficulty.
The judgment in this case, which I gave in favour of the defendant, seems to have offended one of the witnesses, who happens to be a Senior Legal Counsel and, to my knowledge, a relative of the former Chief Justice Mohan Peiris. The day I delivered the judgment, it was reported to me by court staff that this gentleman had openly said that he will see to it ‘that I will lose my position as a Judge’.
A month or so later, I was called upon by the Chief Justice and he demanded that I resign from my position. I told him that no charge had been made against me and that there had been no inquiry, and that therefore the proper procedure would be to conduct such an inquiry into any claims before making an appropriate decision. In response, I was talked down to in humiliating language and threatened with losing my position.
Several months later, I was called upon by the Bribery Commission and was asked to submit details of all my income and assets. I did that immediately, by way of affidavits, and also provided the necessary references. To this date, the Bribery Commission has not informed me that any of the information I have so provided is incorrect or inadequate.
I understand that this inquiry was begun on the basis of an anonymous complaint. I do not know the name or any other details of the complainant, and therefore, I am unable to say what may have motivated such a person and what my relationship to that person could be.
With the beginning of the inquiry, the incremental salary increases given to me in my position as a judge were stopped. I wrote to the Judicial Services Commission giving them all the details, and also wrote to the Bribery Commission and asked them for an inquiry and an immediate exoneration. This was important to me for many reasons. My position, which could have been elevated to the High Court, was affected by this inquiry and, therefore, I had to retire without the usual promotions that were due to me as to any other Judge in the service.
I constantly requested the Bribery Commission and the Judicial Services Commission to bring this matter to an end, either by way of declaring me exonerated, which I know and believe is my due, or otherwise to indict me so that I will be able to prove my innocence in a court of law.
After five years of pleading without any positive result, I filed a Fundamental Rights Application before the Supreme Court of Sri Lanka, and asked for an inquiry on the basis of Article 126 of the Sri Lankan Constitution. This, after all, is the final resort that any citizen, be he a judge or any other person, has.
I was fully aware of the risks involved in filing a fundamental rights case. I knew that it could have dangerous results. I am aware of many people who have been exposed to serious threats and violence by the respondents in some of these cases. In one case, while a fundamental rights petition filed by a young man was being heard, he, his father and his mother were all made to disappear.
My case was called by the Supreme Court on a few occasions. The Respondents purposefully sought dates to obtain advice from the Attorney General.
No objections to my Petition have been filed and none of the facts that I have relied upon have been contradicted by my opponents.
Several months later, I heard that an indictment had been filed against me, although it has not yet been served on me. I don’t know what the charges could be. All that I know is that some charges are reported to have been filed.
My position is that this has been done for one purpose: as a counter action against the Fundamental Rights application that I have filed in the Supreme Court
I believe that the Respondents want to use this indictment in order either to get me to withdraw the Fundamental Rights application that I have made or to delay the hearing of the Fundamental Rights application on the basis that there is a criminal action against me and that the criminal action should be heard first before the Fundamental Rights application.
There is no legal basis at all to delay the Fundamental Rights application simply because a criminal action is pending. In law, the two are very separate types of actions and the matters that the courts have to decide are based on different legal criteria.
One issue is about whether a fundamental rights violation has taken place and the other is about whether a crime has been committed.
I am aware of several judgements that were delivered while criminal actions were pending. If need be, I could give the details of such judgments. However, I am aware that, particularly at the time when Chief Justice Sarath Silva was presiding, there were many cases that were postponed until a criminal trial was held and a few such cases have been pending in the Supreme Court for over ten years because criminal actions, once started, are subjected to the normal delays that are a part of our legal system, and that includes the delays in the appeals and the re-trials. Again, I am able to give details of such cases if it is required.
Therefore, my plea to all, to the judiciary as well as to the public, is to ensure that I will have the benefit of a speedy trial and a speedy hearing of the Fundamental Rights application.
The Fundamental Rights application should be heard irrespective of any issues that may arise in the criminal case, and the criminal case itself should be heard as speedily as possible.
I am aware that the greatest trap that an innocent man could be placed in is to have a fabricated criminal charge filed against him. It makes him a victim of a lengthy trial for may many years to come. It could be ten years or even more, judging by many cases, which I am able to cite.
Therefore, I am bringing to the notice of the public that I, having myself been a judge, have been exposed to one of the gravest problems that any citizen could be exposed to.
I am also letting the public know that when the criminal case is before the courts I will demand a trial by a jury, which is one way of ensuring a day-to-day trial, and that will speed up the trial process.
As a citizen and a judge with a long record of service, I must tell you that there are some things that I am unable to fight:
A. I am unable to fight prolonged delays in a criminal trial
This is a way to destroy a man, his family and everything he stands for, and to irreparably stain his reputation.
I will be helpless in this situation and the denial of justice in this manner is something that, even as a former judge, I know I am simply unable to fight.
B. I also want to inform the public that, from what the law says about equality of arms, I am not in a position to match the powerful people who are trying to victimise me.
Therefore, my plea to the judiciary, the judges who were my fellow colleagues in these long years, to the legal profession and the Bar association, and to the public in general, is this: please do not ignore this as one individual’s problem; this is a problem that affects the very nature of the justice system we have and the way injustice is perpetrated through our system.
I would therefore urge all of you to ensure that the criminal trial that has been initiated against me be held as speedily as possible in the coming few months and that the Fundamental Rights application that I have filed should be heard without any kind of obstruction based on the criminal trial or otherwise.
While I am making this plea for myself, I am also aware that the outcome could be of great use to the public in general.
It is time that we fight against the abuse of the justice system to perpetrate injustice.
The writer is a former District Court Judge and Magistrate. This article based on an open letter by the writer originally published by the Asian Human Rights Commission in Hong Kong.