Justice Minister, UN official in heated argument

Special Rapportuer Emmerson, QC to brief media today

Wijeyadasa
Emmerson

By Shamindra Ferdinando-July 13, 2017, 10:18 pm 

Justice Minister Dr. Wijeyadasa Rajapakse, PC, had a heated argument with visiting UN Special Rapporteur on Human Rights and Counter Terrorism Ben Emmerson, QC, over UN intervention here as regards promotion and protection of human rights.

Sri Lanka in December 2015 extended a standing invitation to the UN Special Procedures Mandate Holders.

Emmerson began a five-day official visit here on July 10 to gather first-hand information about what the UN described as post-war initiatives in the area of counter-terrorism and assess how they affect the people.

Minister Rajapaksa strongly questioned the UN official resulting in an unprecedented fiery argument early this week, well informed sources said, adding that the meeting took place at the Justice Ministry.

Sources said Emmerson had been somewhat taken aback by Dr. Rajapakse’s outburst though the UN knew of his opposition to UN intervention here. Emmerson warned Minister Rajapakse that he would publicly announce the latter’s refusal to cooperate with the UN. The minister said that he was free to call media briefings.

Emmerson will discuss the situation at a media briefing at UN building at 202 Bauddhaloka Mawatha, Colombo 7 today at 3.00 pm. Sources said that reference would certainly be made to recent ‘clash’ with the Justice Minister.

Sources said that Minister Rajapakse had called the UN stand here unfair and unacceptable. Emmerson reported the incident to the UN.

A senior Foreign Ministry official yesterday confirmed the incident at the Justice Ministry.

A UN statement issued from Geneva before Emmerson’s arrival here quoted top British lawyer as having said, "I will seek to provide assistance in the discussion of the country’s counter-terrorism policy and legal framework as well as in the preparation and drafting of relevant legislative acts, with a view to ensuring that measures taken by the Government are in compliance with international human rights law."

Minister Rajapakse recently called for reviewing Sri Lanka’s decision to repeal the Prevention of Terrorism Act (PTA) in the wake of those who had been demanding abolition of the legislation having to adopt draconian measures to counter terrorism. Sri Lanka has repeatedly assured the international community that the PTA would be repealed to pave the way for Anti-Terrorism Law conforming to international norms.

Emmerson also had high-level meetings with representatives of the Government, including the ministries responsible for foreign affairs, law and order, Southern development, justice, defence, finance, media, prison reforms, rehabilitation, resettlement and Hindu religious affairs.

The Special Rapporteur met law enforcement officials, members of parliament, members of specialised police departments, the National Police Commission and the Human Rights Commission.

Emmerson interviewed persons suspected or convicted of terrorist crimes now in detention.

Emmerson was the former senior counsel for the Independent Inquiry into child abuse headed by Prof. Alexis Jay. Emmerson quit the Independent Inquiry late last year following an allegation of sexual assault in a lift against him. However, Emmerson was fully cleared by his law chambers, Matrix following an independent inquiry into the allegations of sexual assault and sexual harassment.

Sources said that Emmerson had also met representatives of the international community, lawyers, academics, and representatives of non-governmental organisations.

The Special Rapporteur will present a comprehensive report with his findings and recommendations to the UN Human Rights Council in March 2018.

Government sources said that the recent flare-up took place in the wake of Minister Rajapakse rejecting controversial report prepared by Ms. Mónica Pinto, the former Special Rapporteur on the independence of judges and lawyers following her visit to Sri Lanka and presented to Geneva Council by her successor, Diego García-Sayán. The report reiterated call for foreign judges and other experts in accountability mechanisms set up in accordance with Geneva Resolution co-sponsored by Sri Lanka in Oct 2015.

In addition to Pinto, the Working Group on Enforced and Involuntary Disappearances, the Special Rapporteur on Minority Issues, the Special Rapporteur on Torture, and the SR on the promotion of truth, justice, reparations and guarantees of non-recurrence visited Sri Lanka.

The Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, and the Working Group on Arbitrary Detention are expected to visit Sri Lanka.

Tamil MP challenges Mittal housing project

Questions its suitability in war-hit areas

Meera Srinivasan
-,JULY 13, 2017

A Tamil parliamentarian on Thursday challenged a proposed housing project of steel maker ArcelorMittal in the Supreme Court, questioning both its suitability for the post-war region and the government’s tendering process.

Tamil National Alliance (TNA) MP and lawyer M.A. Sumanthiran petitioned the court seeking an interim order against the project, which has been highly contested for more than a year now.
From the time the government roped in Indian-born billionaire Lakshmi Mittal’s company to build 65,000 houses in the Tamil-majority north and east, the project evoked sharp resistance. Engineering experts in Sri Lanka studied the proposed prefabricated housing model and said it was severely flawed in its design, compared to traditional brick-and-mortar homes that they recommended. They also deemed prefab homes unsuitable for the hot and humid climatic conditions in the north and east.

Local activists argued that building brick-and-mortar homes would not only prove considerably cheaper but would also help create many jobs and rebuild the economy. The TNA raised the matter in Parliament. Following opposition, the Sri Lankan government scaled down the project to build 6,000 prefabricated homes, which is likely to be executed by ArcelorMittal.

Challenging the decision in court, Mr. Sumanthiran sought details of the tendering process for the revised project, and the cost of materials used for construction.

Meanwhile, sections of war-affected people in the north and east – an estimated 1 lakh await housing – have raised concern about the lack of adequate information on the project. Residents of Narippulthottam village in Vavunatheevu recently told The Hindu that while they heard the government would be constructing pre-fabricated homes in their village, they had no further information.

Following the controversy, Sri Lanka’s leaders assured people in the north and east that they could choose between brick and steel homes, but the experience of Narippulthottam residents indicated otherwise. “They didn’t ask us what kind of homes we want. We don’t know how a prefab house will be, people are saying it would be very hot inside. We have not seen a model yet. But we are scared to reject the project. What if we don’t get any homes after that,” asked Amirthalingam, a community leader in the village.

Exploring “Contempt” – An upcoming reading by Floating Space

Featured image courtesy Pinknews

GROUNDVIEWS on 07/13/2017

Manoeuvring power relations and negotiating the language of legal discourse – these are central themes of “Contempt” a reading presented by Floating Space, to be held this Saturday (July 15th, 2017) at the British Council.

Though “Contempt” is the brainchild of Delhi-based playwright and Assistant Professor of Jindal Law School, Danish Sheikh (who will be present at the event), the issues the play grapples with resonate deeply in Sri Lanka as well. Drawing from legal transcripts in the landmark case of Suresh Kumar Koushal v Naz Foundation, it explores the language of Section 377 of the Indian Penal Code, which criminalises sexual activity deemed “against the order of nature”.

Riffing off the legal term “contempt of court” the play examines how people encounter contempt – not just in courts of law but also in everyday life.

“One of the interesting things about the play is that it echoes actual trial transcripts. There is something to be said for the fact that this is not imaginative language, but rather an imagination rooted in existing legal discourse,” founder of Floating Space Ruhanie Perera said. “We understand the manoeuvring of where we expect justice to be in existence, what is invested in a word, and how that word becomes discourse.”

Section 377 has obvious parallels with Sections 365 and 365a of Sri Lanka’s own Penal Code,and in fact was based off India’s iteration. “What constitutes carnal intercourse against the order of nature? What does that phrase mean, and where does the idea of nature come from? These are fundamental questions when you look at Code 365 in the law,” said founder and Director of Floating Space, Jake Oorloff.

These and other questions have become central as Sri Lanka plans to embark on a process of constitutional reform – a process which has been met with much opposition and scepticism, notably from religious leaders. Civil society activists have repeatedly called for the repeal of Section 365 and 365A in the past, as it leads to the discrimination and oppression of the LGBTIQ community. With Pride celebrations recently being held in Colombo, the reading of “Contempt” comes at an opportune time. However, Ruhanie says that the decision to hold this reading evolved out of an on-going conversation with the playwright about his work, which went on for over a year.

As an Associate Law Professor, Sheikh’s research focuses on the legal regulation of gender and sexuality, and the intersection of law and the humanities. “He’s reflective of his own practice in a playwriting context. There is a certain hierarchy and language present, and an on-going power play that is interestingly dealt with, but life is oddly absent.” The play does see the judges grappling with the implications of the wording of the statute, and affidavits are presented as monologues, resulting in the audience confronting a person who is directly impacted by the legal jargon. “At the end of the day, the standpoint is from the law, and the question becomes, how do people access it? This is something Contempt interestingly deals with” Jake said.

Floating Space says their approach to theatre has always had an activist bent. “This is just because of who we are as individuals – especially when it comes to political consciousness.”

This is not the first production featuring a queer character – a past production, OverWrite (which Groundviews helped conceptualise and produce) featured a queer character as well. “We see this play as an extension of that past work.”

“I think it’s alright for a theatre company to take a play on with a central queer theme and perform it sensitively and with commitment,” Jake said. While there has been queer expression in plays, they tend to perpetuate stereotypes or peddle clichés – the queer person as comic relief. This extends to school productions as well, which can be deeply problematic as there are often youth struggling with their gender identity and sexual orientation, who can only understand themselves against these characters.

“We have an unfortunate legacy of othering – from ethnic minorities to linguistic minorities and now queer identity. Any identity which is alienated or isolated are often othered on stage – becoming a figure to laugh at. That’s problematic,” Jake points out. As such, Floating Space has included, for instance, sexual and reproductive health activist Bhoomi Harendran in their cast. “We didn’t want someone who identified as male or female to play a transgender character – it was non-negotiable for us.”

“Contempt” is Floating Space’s newest attempt to promote visibility of the queer community with complexity and nuance. “Contempt” has been presented as a part of the ongoing “Footnotes” series, which kicked off in 2012. A play on the practice of footnoting theatre work, Footnotes was held once a month, with the company reading from different scripts. Floating Space has always attempted to push boundaries, focusing on experimental work, including examining absurd theatre as an aesthetic. Footnotes saw a broadening of Floating Space’s audience, as many who attend this series don’t usually watch theatre productions. In the past, Floating Space has featured Edward Albee, Samuel Beckett, Eugène Ionesco, Harold Pinterand Sarah Kane. Danish’s work will be an attempt to include more discussion from the South Asian region.

“Contempt” also ties in to Floating Space’s interest in original work, and its philosophy to create different spaces of meeting, between artists, scholars, and different audiences. It also encourages collaboration, working in conversations that encourage unconventional thinking about ideas like space, or silence, central themes Floating Space has grappled with for years. Incidentally, is the 10th year of the collective’s existence. Currently in residence at the British Council, Floating Space has a number of productions lined up for the year (including a Sinhalese translation of Forgetting November and ultimately, a performance of “Contempt”) before participating in a fellowship at Cornell University.

Readers who enjoyed this article might find “Floating Spaces: Theatre and Censorship in Sri Lanka” and “Bringing Politics to the Stage: Observations on Post War Political Theatre in Sri Lanka” enlightening.

Let us get (ourselves) close to our country

2017-07-14

Modernity isn’t opposed to nationalism. This we should know. The confusion or rather dichotomy between the two has arisen because many of us are clueless about what they represent. This too we should know. Fact is, there can’t be modernity without anchoring oneself in the past. Fact is, there can’t be nationalism (and there are many nationalisms) without preparing oneself for the future. The two are coterminous; the one can’t thrive and flourish without the other. This isn’t a political statement, rather a truism that cuts across the political and the social.  

There was a time, not too long ago, and in my generation, when those who purported to speak on behalf of Sinhala Buddhists were silenced. To speak of that collective was tantamount to being a racist, which was rather duplicitous given the carte blanche which the articulators and propagandists of Eelamism were given. There seemed to be a manifest lack of understanding about historical realities, or about the difference between speaking on behalf of one collective and speaking on behalf of that collective AGAINST another. The latter was incendiary, hardly condonable. The former, however, wasn’t. Those who tried to prevent it, needless to say, ended up constricting any space for the representatives of Sinhala Buddhists.  

At one level, this confusion is more than mischievous, anti-historical, and ontological. What is nationalism and where does it end? How is it different to racism, and how is racism (which is negative and depends on the repudiation of the legitimacy of “the Other”) different to racialism (which falls somewhere in-between)? What is positive, if at all, and what isn’t? A single writer can’t set the record straight. It takes a general sammuthiya (A collective effort) to agree on which is what and what is not, in this respect.  

It’s not easy being a nationalist. It’s easier being a racist. The reason is obvious. Racism drives on self-labelled superiority and on what is perceived as inferiority on the part of the Other. It doesn’t take much to spout hatred; burn a few shops belonging to one community, vandalise a temple, kovil, church, or mosque, and you’ll be soon hailed by extremists as their hero. That is why chauvinists from both sides have won and prevailed for so long, and why someone like Gnanasara Thera is (regardless of his credentials as a monk) deified despite the fact that no one voted for his party. “He has something important to say,” is the commonest excuse given by his supporters.  

It’s tougher being a nationalist. This is elementary. It takes rhetoric to hate. It takes heartfelt sincerity to love. Racism thrives on rhetoric. Nationalism, at least to a certain extent, thrives on sincerity. Emotion bests reason in more ways than one, which is why the former tends to best the latter as far as debate is concerned. That is sad.  

Take the subject of independence. How many of us, never mind the flag and the usual chest-thumping words about freedom, appreciate what it stands for? Perhaps decades of cynicism has conditioned us to be cynical with everything. Perhaps those decades have taught that we haven’t really clinched independence. Either way, the mere fact that we aren’t subject to another foreign power is in the least worthy of contemplation. But we toss it aside with the remark, “It is just a word.”  

We don’t produce nationalists like we used to, come to think of it. Taken in itself, there’s nothing to bemoan in this; the fact is that the deficiencies of one epoch are compensated by the promises of the next, which means that sooner or later, the voice of the people, of true, genuine patriotism, will prevail. But this is just scratching the surface. The real problem, which goes deeper, is that far from being unable to produce nationalists, our country will be taken over by an entire generation whose love for their country is at best conditioned if not tempered by a rootless variant of cosmopolitanism; the kind of uprooted cosmopolitanism that runs riot in Colombo. Which in itself is bad enough, since much of our self-labelled intelligentsia hail from this part of the country, and they continue to exert influence everywhere.  

Long, long ago, this wasn’t a problem. Our schools and curricula were built in love for one’s country and its people from an early age. We woke up every day to deshabimana gee or patriotic songs on radio, none of which encouraged us to hate other collectives. By deshabimana gee I am of course thinking of artistes like Amaradeva, Mahagama Sekara, and Chandrarathna Manawasinghe, among others. They weren’t racists. They couldn’t have been. The fact is that they were rooted in their societies, so what they wrote, composed, and sang, they felt. And they made us feel what they wrote.  
We read the poems of Tibetan born S. Mahinda Thera and P. B. Alwis Perera without feeling any antipathy towards other races or faiths. We sang them in gushes and torrents, with gusto, because we intensely felt what they were trying to say. “Me Rata Mage Rata Ma Ipadunu Rata,” Miranda Hemalatha wrote, and as we recited those words from memory, the poetry hit us. That kind of literature, at once rhythmic and rousing, is hard to come by today. No wonder most of our children continue their schooling without the slightest smattering of love for their land of birth. No wonder they end up being biased against history, even culturally insensitive.  

It’s not easy being a nationalist. It’s easier being a racist. The reason is obvious. Racism drives on self-labelled superiority and on what is perceived as inferiority on the part of the Other

The culture of prudery that has seeped into our people, who knows from where, has aggravated this issue. We don’t teach our children to understand their faith; we force them to attend Sunday school. We don’t teach them our history; we force them to read and unconditionally accept it. Our government textbooks aren’t helpful in this respect either. Just the other day, for instance, I came across a chapter detailing the biographies of some of our foremost artistes, which had erroneously interchanged the details of Lester James Peries and Ediriweera Sarachchandra. I know for a fact that we are force-fed to accept these texts. How do we progress with that?  

The truth is that love for one’s country (of the genuine sort) is predicated on what one picks up from childhood. If that childhood is warped, if it isn’t surrounded by an environment which makes it amenable for someone to understand where one is and how he or she came to be there, the outcome is obvious; the presence of an entire generation of distorted, culturally uprooted citizens. Without the strength or the resolve to stand up for one’s land of birth, without the ability to assess history, no one can progress. Martin Wickramasinghe wrote on this. When history dies, so does the conscience of a nation.  

We don’t produce nationalists like we used to, come to think of it. Taken in itself, there’s nothing to bemoan in this; the fact is that the deficiencies of one epoch are compensated by the promises of the next

So what are the preconditions for a healthier citizenry? First and foremost, the ability to take in and absorb the best the world offers. This is elementary, again, but then we have confused between absorbing and imitating. We are constantly told to move on, to do away with patriotism, to consider ourselves as citizens of the world. The problem with globalisation of that sort, however, is that those who force us to accept ourselves as citizens of the world (à la Diogenes) are themselves representatives of countries and polities which vehemently (and rightly) rebel against that line of thinking. Like the United States.  

Secondly, we need to reevaluate the way we teach our children our history. History isn’t about dates. That is obvious. It’s about aligning the one with the other, about inferring parallels and understanding how communities progress and flourish. Speaking from experience, my best history teacher (in Eighth Grade) taught us more than what happened when and what led to what else. She taught us how to connect the dots, to infer the causes behind an incident or event. As I grew up, and as I read into history, I realised how, even in a mild form, she was emulating the incomparable Fernand Braudel, that historian who taught us that his subject was best taught not through memorising bundles of data, but by making the connections necessary to glean cause from effect, and effect from cause.  
We’re barking up the wrong tree, I believe. Until and unless we nurture our children, and make them more sensitive to their surroundings, without discouraging them from learning about them owing to that culture of prudery which runs riot in this country, we’ll be fermenting a generation that’s cut off from their environment. That is bad. Not because nationalism is cast in stone and is a must, but because no country in this godforsaken, globalised world of ours has progressed without anchoring itself in its past, its way of life. Without history, without heritage, put simply, we are nothing.  

Caste In Jaffna: Mirage By K. Daniel

By Charles Ponnuthurai Sarvan –JULY 14, 2017

Prof. Charles Sarvan

Caste in Jaffna: Mirage by K. Daniel. Translated by Subramaniam Jebanesan; edited, introduced and annotated by Richard Fox Young. Kumaran Book House, Colombo, 2016.

This novel depicts and indicts caste among the Tamils of Sri Lanka as Daniel (1927-1986), an apostate or a “convert” from (religious) Catholicism to (secular) Marxism, observed and experienced it. “This particular novel takes place in the village where I was born and grew up… All the characters who pass through it were people I saw with my own eyes. Some are still living. Each incident that occurs in the novel actually happened” (p. xiv):  it’s an instance of the novelist as witness and testifier.

If racism means the subordination and oppression by one group of another group or groups, then casteism can be seen as another manifestation of racism. I would suggest that Tamils who don’t protest Tamil casteism in Sri Lanka lose the moral right to protest Sinhalese racism. One cannot claim from others what one denies to one’s own. Some Tamils, both Hindu and Christian, may be upset by what I write but I hope, very much, that displeasure will lead to honest, detached, thought rather than to emotional, “knee-jerk”, denial and rejection.

Caste is not simply an upper-class lower-class dichotomy for there are gradations, sub-divisions, particularly enforced on the latter. If one speaks of the Dalits, the so-called ‘untouchables’, then Daniel belonged to what I would ironically call the caste of the “unseeables”: upper-caste people considered it a bad omen even to see a member of this caste, and would sometimes strike them for daring to appear in their sight (p. 304). Even their shadow was deemed polluting. They were the lowest of the low, the washer folk, the “dhobis” of the washer folk. Teased and bullied at his Catholic school by upper-caste pupils, Daniel dropped out. (The UK Observer of 2 July 2017, reporting on the suicide of a Dalit student at a university in India, comments that for Dalit students university is a place of constant insult and abuse.)

Caste in Jaffna: Mirage by K. Daniel. Translated by Subramaniam Jebanesan; edited, introduced and annotated by Richard Fox Young. Kumaran Book House, Colombo, 2016.

The translator, Dr S. Jebanesan, was Bishop of Jaffna until his retirement. Richard Fox Young, a Professor at Princeton Theological Seminary, provides a wealth of anthropological and historical information, drawing attention to detail that an uninitiated reader may miss. “I doubt that Thampappillaiyan will keep quiet” (p. 48) is glossed as: Until now Nanniyan had always referred to him as Thampappillaiyar. The minor change of the “ar” ending to “an” signals in the original Tamil the casting aside of an undeserved respect (p. 249). On page 51, a woman refers to her husband as “that man” and Young clarifies that in traditional Tamil society (and in Sinhalese society, I’d add) a wife didn’t mention the name of her husband. So too, it was customary and polite not to say, “I’ll go now” but, “I’ll go now and come (return)”. Shortened and contradictorily, on leaving one would simply say, “I’m coming”.  A boat shaped like a toddy cup would be understood by Jaffna readers because toddy was “served in cups made out of green Palmyra leaves shaped to resemble this very kind of boat. What that actually looks like, Daniel does not need to say” to his original Tamil readers (p. 255). The characters in the novel refer to incidents and figures drawn from the Tamil Makaparatam, and Professor Young relates and clarifies significance. His contribution heightens understanding and interest, and enhances the value of the book.

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Good governance of government turns turtle ; anti corruption bureau shut down..! Every house must hoist black flags..!

(Lanka-e-News - 13.July.2017, 2.45PM)  As Lanka e news reported on 27 th April under the caption ‘Ranil’s own wolf devours his anti corruption bombasts ! Secretary turns saboteur.! FCID is finished and so is good governance !!’ ,   so it is happening. The special unit comprising learned experts which investigated most of the corruption cases is to be closed down and measures are being taken to immobilize the  FCID with a view to eventually close it down thereby confirming the veracity of our  report .

It is with deep regret therefore we announce that the cabinet which met on the 11 th has decided to shut down the anti corruption bureau . We made this exposure well ahead when  measures were being taken by the  secretary to the prime minister to halt payment of  travelling allowances to the learned experts unit of the anti corruption bureau after getting wind of these obnoxious moves. 

Following the exposure of ours , instead of rectifying the situation , on 7 th of May , through Dinith Karunaratne a media coolie and lackey of the prime minister, adding fuel to the fire published a report ( sans  source) in  the weekend  Sunday newspaper criticizing the anti corruption Bureau and the learned expert  investigation unit . On the 8 th of May we gave a reply under the caption  ‘Conspiracy to close down Anti Corruption Bureau..! Herein is true story behind concocted story published by P.M.’s lackey’

Thereafter the P.M.’s office issuing an official communique disclosed , a three member committee is to be appointed with representatives of the Bribery commission , FCID and the anti corruption bureau to ascertain and report whether the anti corruption bureau is to be continued,  its tasks  shall be amended or the anti corruption bureau be vested with responsibilities  on par with those of the bribery and corruption investigation commission, and the FCID of the police 

Though faith was reposed in the official communique issued by the P.M. ‘s office because it is the general consensus P.M. Ranil Wickremesinghe is one who does not make false promises ,  no such committee promised by the P.M. was appointed after all , and that was an absolute lie. 

Meanwhile at the cabinet meeting on the 11 th a paper was submitted to close down the anti  corruption bureau constituted of learned experts which was established as soon as the government of good governance was elected . It was Champika Ranawake with ulterior motives  who was most vociferous in favor of this closure , the same zero who poses as a great  hero outside against corruption. When  Dayasiri Jayasekera  strongly protested against its closure ,president Maithripala saying ‘do not talk on matters you do not know,’  asked him to shut his mouth .

In March 2015 , the anti corruption bureau was established with the consent of all the 12 political parties that contributed to the victory of the good governance government. Special honest independent learned experts  were appointed to it. It  comprised Forensic auditing specialists , State administration specialists and local and international law specialists. 

Frauds including Money laundering , financial frauds via the use of computers, Treasury bond frauds and tax frauds which are not tracked down by ordinary audit are caught up  within the subject of investigation of this bureau. 

 There are no officers in the police with such specialized knowledge and therefore it is not possible to track down these special  frauds by the ordinary police, owing to which , what  happened every day was such specialized elusive fraudsters remained safe from the arms of the law. Such a unit was created as soon as the good governance government was formed, primarily to impart  that special knowledge to the police to apprehend such extraordinary elusive culprits. 

The tasks of this bureau were : firstly to receive the complaints  and conduct a preliminary investigation into those .Thereafter hand over those to the IGP after deciding which division  of investigation should handle them. The IGP accordingly entrusts them to the FCID , CID or  Bribery and corruption commission . While these investigations are  on going too  , the advice and guidance of the investigation unit of the learned experts are sought by the three Institutions.
 
This closure is seen therefore as a preliminary move to shut down specially the FCID which is investigating a number of frauds perpetrated by high profile politicos and others. 

It is a pity  the president and P. M.  have forgotten ,this good governance government after it was formed won the acclaim of the international community as a government which is opposed to corruption mainly because of the establishment of the afore mentioned anti corruption bureau constituted of honest learned experts.

No government of good governance in the world shuts down its anti corruption bureau which punishes the corrupt. Such a bureau of investigation is not created to mete out punishment only to the notorious Rajapakses or any other particular  group. The treatment has to be  the same with regard to every culprit. There are no small and big frauds as some ministers are trying to portray . A fraud  is a fraud . Hence investigations shall be conducted. It is the task of the courts to determine the gravity of the fraud and punish accordingly . That is not a duty of the investigators. Hence  there cannot be a good governance government following the closure of such a unit. 

This  dastardly action is tantamount to  tarnishing  the image of the government of good governance before the world , and making  a display wittingly or unwittingly  it is corrupt. Let it be clearly understood such a government obviously  cannot lure foreign investors , neither will any foreign investor invest here. It is only the ’international racketeers’ not investors who will  come with glee  to make a fast buck joining hands with our own crooks and the corrupt who are in plenty here.  The country will not gain from them they will eventually only become a pain in the neck to all and sundry. 

It is only on occasions like this every house must hoist a black flag to signify their protest against such traitorous activities. The mahanayakes should make a hue and cry only against such moves instead of enviously  watching the corrupt all round making merry drinking  kasippu when such villainous moves  are successful.  From today this government is not entitled to call itself by the name of ‘good governance. ’ It is most significant to note this government took  this most abominable action without meting out punishment even to one  of the corrupt infamous  Rajapakses  or any other  corrupt rascal so far !

Connected reports ..
‘Ranil’s own wolf devours his anti corruption bombasts ! Secretary turns saboteur! FCID is finished and so is good governance !!

Conspiracy to close down Anti Corruption Bureau..! Herein is true story behind concocted story published by P.M.’s lackey
-P.M.’s secretary paving the way for national disaster

P.M. responds to LeN exposure of conspiracy to close down Anti Corruption Committee ..

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by     (2017-07-13 09:40:42)

Govt. says Buddhism will remain paramount in new Constitution

 

Thursday, 13 July 2017

Reuters: Sri Lanka’s prime minister said on Wednesday Buddhism will remain paramount in the bitterly divided island, seeking to head off protests led by the powerful Buddhist clergy against proposed changes to the Constitution.

The Government announced plans last January to devolve power to provinces including in areas dominated by the country’s ethnic Tamil minority in an effort to address alienation and bury the kind of ethnic tension that led to a 26-year civil war

But Buddhists who make up 70% of Sri Lanka’s 21 million people are opposed to any changes in the constitution under which Buddhism is accorded foremost position while allowing people of other faiths to practice.

Sri Lanka has chosen only Buddhists to the post of president and prime minister since independence from British colonial rule in 1948. Prime Minister Ranil Wickremesinghe said the Buddhist character of the country would not be touched.

“We are in the process of preparing the new constitution...the president and myself have agreed to maintain the priority given to the Buddhism in the constitution as it is,” Wickremesinghe told a group of Buddhist monks in Colombo.

More than 75 prominent monks last week warned the Government not to change the Constitution or it would face consequences.

The Opposition, led by former president Mahinda Rajapaksa, and hardline Buddhist groups have warned the Government of nationwide demonstrations if the Government went ahead with changes to the charter.

Some Opposition members have alleged that the new Constitution had been drafted to please Western nations and to dilute the influence of Buddhism.

More than 100,000 people were killed in the civil war that ended in 2009 in a crushing defeat for the Liberation Tigers of Tamil Eelam fighting for a separate homeland for the Tamils.

Key eyewitness, lawyer threatened with death

Are the authorities refusing to ‘see’?

Lawyer Senaka Perera

A gruesome scene after the prison riot

2017-07-14

The witness plays a vital role in concluding the verdict of any case. Hence, it’s very important to ensure the safety of witnesses. The continuing practice of victim and witness intimidation is a prevalent problem in Sri Lanka, despite it not openly discussed much. With the purpose of preventing those from testifying against offenders, illegal interference and intimidation are levelled by offenders as they try to remain free and to continue committing crimes.  

Welikada riots, which took place on November 09, 2012, claiming 27 lives of inmates, was subject to severe reprehension in the society. The shoot-out incident that happened within the prison was witnessed by many jailers and inmates apart from the armed forces who stormed the prison.   

A key eyewitness Sudesh Nandimal Silva, who was in remand when the riots took place, had been fighting for justice of the dead prisoners. Being the only living witness who is involved in the campaign against the Welikada incident, Nandimal has been continuously threatened by various groups since he was released from prison. He had lodged complaints with relevant law enforcement authorities, but to no avail. 

Being the only living witness who is involved in the campaign against the Welikada incident, Nandimal has been continuously threatened since he was released from prison

For the fourth time, on Tuesday (11), Nandimal and attorney-at-law Senaka Perera, the counsel who appears for him in a writ petition filed at the Court of Appeal, were allegedly to have been threatened with death. Both had received a telephone call at around 7.45p.m., urging them not to pull up the Welikada case. This threatening incident comes 6 days after both gave an interview to the Daily Mirror in a follow-up article regarding the Welikada riots. The article was titled, ‘Welikada riots witnesses ready to back those denied justice’.  

Sudesh Nandimal

Nandimal said he was warned that he would have to face many problems if he continued his fight for justice. He said this wasn’t the first time he has been threatened. “This is the fourth time I have been threatened, including with death,” Nadimal told the Daily Mirror.   

“Weeks after I gave testimony before the CID in 2012, two men in a vehicle followed my motorcycle for several days. They have visited my workplace and inquired about my whereabouts from the security guards. The vehicle number, noted down by the guards, was later found to be of a vehicle belonging to the Police Narcotics Bureau. This was established in an investigation launched by the Maligawatta Police on my complaint,” However the inquiry didn’t proceed thereafter.

This threatening incident comes 6 days after both gave an interview to the Daily Mirror in a follow-up article regarding the Welikada riots. The article was titled, ‘Welikada riots witnesses ready to back those denied justice

On October 2, 2015, two unidentified men have threatened him in Moratuwa, urging him not to take up the Welikada case as some of them will have to end up behind bars. Sudesh Nandimal had lodged a complaint with the Moratuwa Police. No investigation was initiated, he said.  

He said that lately, presenters of some radio programme had branded him as a traitor and slung mud at him. In spite of a complaint lodged at the Police Division for the Protection of Victims and Witnesses, no inquiry has been initiated thus far.   

Meanwhile, lawyer Senaka Perera told the Daily Mirrror that he was also asked to get himself out from the writ petition in which he appears for Nandimal to seek an order, directing the Inspector General of Police (IGP) and the CID, Director to commence a fresh investigation into the incident.  

On March 19, 2016, Nandimal had written to the Inspector General of Police, referring to the above threats and requested for protection and action against those responsible. Yet, he hasn’t received any response.  

However both of them said they aren’t willing to give up their fight despite threats. Senaka and Nandimal charge the law enforcement authorities are failing to stop the threats that continue.  

Law Enforcement Agencies must act forthwith

- Human Right Lawyer J.C.Weliamuna PC

“Law enforcement authorities must take actions immediately. Under the Witness Protection law, this is a non-bailable offence. Although this kind of incidents had happened earlier with regard to other cases, this is more serious because both the lawyer and the only living eye witness who has been testifying against the culprits were intimidated.

The CID is doing a pretty wonderful job in cases of the murder of ruggerite Wasim Thajudeen and journalist Lasantha Wickramatunge

“In addition to that, the Bar Association also should intervene into the matter because the lawyer had to face this experience while he was performing his duties.”  

He also spoke about the delay in investigating the Welikada incident.   

Under the Witness Protection law, this is a non-bailable offence

“Nothing happened before the change of the government. There are a large number of uninvestigated cases relating to the incidents that happened during the previous government. We see less political interference under this government. I believe that this case, in 2012, where 27 deaths of inmates were reported in Welikada, should be handed over the CID. The CID is doing a pretty wonderful job in cases of the murder of ruggerite Wasim Thajudeen and journalist Lasantha Wickramatunge. It will take some time for the CID to finish the investigations because they happened many years ago,” the lawyer remarked. 

We will urge the police to expedite inquiry 

- Bar Association Secretary Attorney Amal Randeniya

“There are several committees in the BASL to probe such incidents. I will personally discuss with the President of the BASL Attorney U.R.De Silva regarding the threatening incident of the mentioned lawyer Senaka Perera. As far I am concerned, Senaka Perera is a respected lawyer who does his job right.  

“We will go through the complaint first. We will directly inform the relevant parties. As Senaka Perera had already lodged a complaint with Nittambuwa Police, as the Bar Association, we will urge the police to expedite the investigation and bring the culprits to book.  

We will go through the complaint first. We will directly inform the relevant parties

“We will also need an affidavit from Senaka. There have been such instances where lawyers complain with the BASL against such alleged threats while they practise their profession. After sometime, they don’t stay with what they stated in the complaint.  

“Some parties, especially in criminal cases, like judges and lawyers get threatened. It has been there for a long time. That is why the BASL is there to safeguard the lawyers and judges, ensuring their safety and freedom so that they can perform their duties as professionals.”  

Awaiting AG’s instructions

- Officer in charge of the Victims of Crime and Witnesses Assistance and Protection Division, SSP G.J.A.Wijesekara

“My division was formed in November, 2016. According to the procedure of the division, once we receive a complaint of threatening and intimidating a witness or a victim, facts of the case are referred to the authorities and seek instructions on further actions.

  
“When it comes to this particular case regarding the Welikada riots, eyewitness Nandimal Silva, the division is currently awaiting instructions of the Attorney General Department as to what should be done hereafter.”  

How a witness can seek protection 

QWhat are the existing government institutions to protect victims and witnesses?  
The Assistance to and Protection of Victims of Crime and Witnesses Act, No.04 was established in 2015 to protect the victims of crime and witnesses. Based on the Act, the establishment of National Authority for the Protection of Victims of Crime and Witnesses was set up. According to the Gazette Extra Ordinary No.1966/02 dated 09/05/2016, the subject that lies with the scope of the Authority was entrusted with the Ministry of Justice.  

The Authority is responsible for investigating and monitoring the infringement of rights and entitlements of the victims of crime and witnesses, making recommendations to state institutions, public officers and courts of law and guarantee protection of the victims of crime and witnesses.  
Under the direction and guidance of National Authority, a Division called “The Victims of Crime and Witnesses Assistance and Protection Division” was set up in Sri Lanka Police in November, 2016.   
In Sri Lanka, currently there are several ways witnesses can seek protection from the government.

 
1. The National Authority for the Protection of victims of Crime and Witnesses.  
2. The Victims of Crime and Witnesses Assistance and Protection Division.  
3. Courts of law.  
4. The Commissions (The Human Rights Commission of Sri Lanka, The Commission to Investigate Bribery or Corruptions, Investigations Commissions or a Special President’s Commission of Inquiry or any other Commission appointed under the Commission of Inquiry Act.  
5. Officer-in-Charge of the Police in the area.