Lifting of all sanctions against Khartoum: A new era for the Sudan

The Special Rapporteur Idriss Jazairy, wins his bet

( October 25, 2017, Geneva, Sri Lanka Guardian) The lifting of sanctions on Sudan by the United States on 12 October was a monumental event that recognized the importance of engaging in dialogue with States in order to improve the human rights conditions. During his visit to New York to present his report to the General Assembly, the Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights, Mr. Idriss Jazairy, reflected on his contribution to this event, and suggested it might be an example of how other unilateral sanction regimes could be lifted.

“The Sudan has been undergoing stifling economic and financial US sanctions for the past 20 years which were introduced by the Clinton Administration. These sanctions whilst taken outside the framework of the UN Security Council in the context of a US domestic law – although taken unilaterally – were applied by all third countries in their relations with the Sudan. Failure to observe these sanctions exposed businesses, whatever their nationality, to stiff fines levied by the US Treasury.

This has led to a serious deterioration of infrastructure, means of transport, potable water distribution in Khartoum, and a decline in industrial and agricultural production. The health sector itself – despite humanitarian exceptions – has been paralyzed for lack of medicine and medical equipment. This is because the system of international interbank transfers – called SWIFT – was inaccessible to the Sudan by virtue of the US sanctions, thus making it impossible for Khartoum to pay for “authorized” life-saving medical imports.

The Sudan estimates the losses incurred from the sanctions to amount to over USD $500 billion.

The date of the 12 October 2017 – which was the day the sanctions were lifted – was therefore a day of celebration for 30 million Sudanese.

The Special Rapporteur reported to the Third Committee of the UN General Assembly on 18 October 2017 on the factors which contributed to this happy outcome.

The Special Rapporteur – having noted with concern during an official visit to the Sudan in November 2015 the deteriorating effects on the right to life of Sudanese people in the context of the unavailability of essential medical supplies – recommended the creation in Khartoum of a medicine procurement agency managed by the local UN office and that would be authorized by the US to proceed to the necessary international financial transfers to the pharmaceutical corporation providing medicines to the Ministry of Health of the Sudan. His recommendations were adopted and welcomed by all parties. They were successful confidence-building measures.

According to the Special Rapporteur, the rest of 2016 was devoted to “quiet diplomacy” to bring about conditions conducive to the lifting of the sanctions. Sustained efforts were pursued in this context by Mr. Idriss Jazairy with the valuable assistance of the UN Independent Expert on the Sudan Mr. Aristide Nononsi which led the Obama Administration to be ready to lift the sanctions by the beginning of 2017. It was nevertheless agreed during the transition that the Trump Administration would dispose of a six-months observation period before the final decision was taken. This period was extended by three further months on 12 July 2017. On 13 September 2017, the Special Rapporteur launched a solemn appeal at the Human Rights Council that the “11 October be the last day of the sanctions applied to the Sudan.” On 6 October 2017, the US State Department announced that these sanctions would indeed be lifted as from 12 October 2017.

In conclusion, the Special Rapporteur paid tribute to the principled position of the Trump Administration which has risen above partisan considerations in taking this welcome decision. He also expressed his appreciation to the Sudanese authorities for their confidence and flexibility. Mr. Jazairy held on this occasion a private meeting with the Secretary General of the UN, Mr. António Guterres. A luncheon was offered in his honour by the Minister of State for Foreign Affairs of the Sudan Hamid Mohamed Ahmed who reiterated to him the gratitude of the Sudan.”

ENDS

Mr. Idriss Jazairy was appointed by the Human Rights Council as the first Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights. He took office in May 2015.

U.S. Pulls Military Assistance to Myanmar Over Rohingya Abuses

But experts say the measures will have limited effect and could even backfire.

Members of a Myanmar military honor guard raise their bayonet-mounted rifles in a salute during a dawn flag-raising ceremony at Yangon's central Mahabandoola Park on Jan. 4. (Romeo Gacad/AFP/Getty Images) 

BY MARTIN DE BOURMONT-OCTOBER 24, 2017, 1:58 PM

Washington announced it will end military aid to some Myanmar units involved in the forced displacement of the Rohingya minority, but experts say the move will have limited impact — and could even backfire on U.S. efforts to end the crackdown, which has driven more than 600,000 people from their homes.

State Department spokeswoman Heather Nauert said the United States will not permit units and officers involved in operations in Myanmar’s Rakhine State — the homeland of the Rohingya and the epicenter of the atrocities — to receive or participate in any U.S. assistance programs. The United States rescinded invitations for senior Burmese security forces to attend U.S.-sponsored events and urged Myanmar to grant the international observers and media unrestricted access to the sites of alleged abuses.

 The State Department is also considering targeted sanctions on Myanmar officers and officials linked to the atrocities.

“We are assessing authorities under the JADE Act to consider economic options available to target individuals associated with atrocities,” Nauert said, referring to the 2008 Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act.

The Donald Trump administration is struggling to respond to Myanmar’s crackdown on the Rohingya, which has cast a pall over the country’s democratic opening and emergence from decades of international isolation. After Naypyidaw permitted a limited political opening and pushed through some reforms, the United States lifted economic sanctions on Myanmar in 2016.

While Nauert underscored the United States’ “continued support” for Burma’s democratic transition, patience with the crackdown is running thin.

Last Wednesday, Secretary of State Rex Tillerson said the United States held Myanmar’s military leadership accountable for the atrocities perpetrated against the Rohingya. On Tuesday, the Associated Press reported that U.S. officials are working on a recommendation for Tillerson to qualify the plight of the Rohingya Muslims as “ethnic cleansing,” a move that would increase pressure on the Trump administration to re-impose sanctions on Myanmar.

The Myanmar government, meanwhile, continues to imply that the Muslim Rohingya are not rightful citizens of the Buddhist-majority country, referring to them as “Bengalis,” while the country’s military leaders portray the Rohingya as sympathizers of Muslim extremism.

In the meantime, withdrawing U.S. military assistance is of limited use and could even be counterproductive, experts say.

“The Burmese military lived for decades under crippling sanctions,” said Zachary Abuza, a professor at the National War College in Washington. With the United States having very few military ties to begin with, he said, the U.S. move is largely symbolic.

Rescinding ties with the military could actually reduce the United States’ leverage, said David Mathieson, a Yangon-based independent analyst who has collaborated with Human Rights Watch. “Completely restricting what contact the United States can have with the security forces will make accountability difficult,” he said.

Derek Mitchell, a former U.S. ambassador to Myanmar, said that ending the limited U.S. military assistance could make it harder to curb abuses.

“The only way you can really have leverage on the military is to do something with them, and the only way to really change or hope to change their ways is to engage them and show them different ways and show them different tactics,” he said.

Ultimately, as the United States looks for a way to aid the beleaguered Rohingya, reaching for sanctions may not be the best approach, Mitchell said. He called for an independent investigation to determine who was responsible for the alleged human rights violations.

“You don’t get solutions by sanctions. You get their attention, but the question is how you are going to get both justice for what’s happened as well as justice for the Rohingya. That should be the focus,” he said.

No livelihood, no home: Marawi evacuees face hardship on return to devastated city

Flame rises as damaged buildings including a mosque are seen after government troops cleared the area from pro-Islamic State militant groups inside a war-torn area in Marawi city, southern Philippines October 23, 2017. Source: Reuters/Romeo Ranoco

By Bong S. Sarmiento | 24th October 2017


NAMRODIN Didato’s family and about 40 others have been languishing at an evacuation center since Islamic State-aligned militants occupied Marawi City on May 23, leaving their lakeside hometown in shambles.

On Monday, Philippine Defense Secretary Delfin Lorenzana declared the battle in Marawi over, giving Didato and the rest of the hundreds of thousands of evacuees a ray of hope to start a fresh chapter in their disrupted lives.

“I’m happy that soon we can finally go back home,” Didato told Asian 
Correspondent Tuesday on the phone, thanking the state forces for finally ending the war in Marawi, the center of Islam in the Philippines.

“Rebuilding our lives will be difficult but there’s no other way but to move on,” he added.

SEE ALSO: Marawi conflict: 100 days on, tens of thousands of civilians still endure hardship

Before clashes erupted between government forces and the Maute Group, Didato ran a small farm trading business while his wife Norhaya sold hotcakes and coffee to augment the income of the family consisting of five children, four of whom are still in school.

The big challenge now is how to restart their business due to lack of capital since the months-long war deprived them of their sources of income, Didato said, appealing for whatever financial assistance from generous individuals to help them stand on their feet again.

Namrodin Didato (2nd left) hopes to leave the evacuation center in Baloi township, Lanao del Norte soon so they can start rebuilding their lives. Source: Bong S. Sarmiento

At their evacuation center in Balo-i township in Lanao del Norte, about 18 kilometers away from Marawi, Didato’s family and the rest have been dependent on rationed food assistance from the government and non-government organizations all those months.

“Life is terrible at the evacuation center. We have no income. We have to sleep in hard and cold pavement,” Norhaya bemoaned.

They have to bear some more time at the evacuation center even after the government declared the fighting over, as Didato revealed that their village chief has yet to issue the greenlight for his constituents to return.

Residents in several areas already cleared by the military have been allowed to go home earlier, with the rest expected to be allowed to return in the next few weeks.

Lorenzana announced the termination of military operations in Marawi during the 11th ASEAN Defense Ministers’ Meeting in Clark, Pampanga north of Metro Manila.

SEE ALSO: Death of Islamic State militants not the end of terrorism in the Philippines

“After 154 days of the Siege of Marawi by the Daesh-inspired Maute ISIS-Group, or after a week since the Commander-in-Chief’s declaration of the liberation of Marawi, we now announce the termination of all combat operations in Marawi,” Lorenzana said.

During his seventh visit to Marawi on Oct 17, Duterte declared the “liberation” of Marawi from the clutches of the Maute Group following the killing of their two top leaders.

He issued the pronouncement a day after military officials confirmed the death of Isnilon Hapilon, the designated emir of Islamic State in Southeast Asia, and Omar Maute, the last of the Maute brothers who led the siege of Marawi.

Chief of Staff of the Armed Forces of the Philippines Eduardo Ano shows reporters a picture of killed Abu Sayyaf Isnilon Hapilon and Omar Maute, leader of the Maute-Islamic State group, during a news conference at the military headquarters in Marawi City, Philippines October 16, 2017. Source: Reuters/Froilan Gallardo

DNA tests conducted by the United States confirmed the death of Hapilon, who carries a bounty of US$5 million from Washington for his role as leader of the Abu Sayyaf Group notorious for beheading local and foreign captives – including US nationals – who failed to comply with their ransom demands.

After Duterte declared the “liberation,” and up until Lorenzana announced the end of fighting in Marawi, clashes between state forces and the remaining Maute fighters continued.

Troops recovered 42 bodies of the last remnants of the Maute Group on Monday, Lorenzana said.

“The Philippine security forces, aided by its government and massive support of the Filipino people, have nipped the budding terrorism infrastructure and defeated terrorism in the Philippines,” Lorenzana said in announcing the battle is over in Marawi.

“In crushing thus far the most serious attempt to export violent extremism and radicalism in the Philippines and in the region, we have contributed to preventing its spread in Asia and gave our share to maintaining global peace, stability and security,” he added.

Lorenzana admitted, however, that the tactical and strategic gains against the Maute Group will not annihilate the Islamic State ideology completely.

SEE ALSO: Philippines: US extends aid for Marawi recovery, deploys another plane to Mindanao

According to him, the achievement is “a clear manifestation of how our regional cooperation can lead to a decisive advance against the proliferation of terrorism in this part of the world.”

“We hope that this operational achievement in Marawi, Philippines will be the catalyst that shall bring to the fore future cooperations and partnerships not only against terrorism but also those that shall defeat other regional and global security threats,” the secretary said.

The government announced an initial allocation of P5 billion (US$97 million) that will be spent until yearend for the rehabilitation of Marawi on the same day that Lorenzana declared the end of fighting there.

Office of Civil Defence Assistant Secretary Kristoffer James Purisima told the televised Mindanao Hour press briefing that a big chunk of the fund would be allotted for relief efforts.

As of the latest count, he said there are more than 72,000 displaced families still housed in evacuation centers as well as those who are home-based.

Purisima added that part of the initial fund would also be used to fund the construction of transitional shelters for those displaced families.

The government earlier estimated the cost of rebuilding Marawi would exceed P50 billion (US$971 million).

A mother cradles her new-born baby at an evacuation site in Baloi township, Lanao del Norte. Source: Bong S. Sarmiento

Felino “Jun” Palafox, Jr., a noted Filipino architect whom the government consulted for the rehabilitation of Marawi, suggested that ground zero be preserved and build new and expansion cities around it.

“The schools, hospitals, and places of worships and other institutions should be rebuilt. But a portion of the ruins should be preserved as a reminder of what terrorism can do,” he wrote in a column at The Manila Times.

“It can be designed like Hiroshima and Nagasaki wherein thousands of tourists flock to the site (to) be reminded of the devastating effect of nuclear war. When I was there a few months ago for my birthday, I saw how the tourists felt engaged with the memorial,” he added.

Palafox also pushed the involvement of the locals in the planning and development of their embattled city to address cultural sensitivities.

For Namrodin Didato and his wife Norhaya, they welcomed the local involvement in the rehabilitation of their ruined city.

“But before anything else, first give us livelihood,” said Didato, adding he will accept whatever available job so they will not starve as they begin charting their new lives

U.N. medics see evidence of rape in Myanmar army 'cleansing' campaign

A Rohingya refugee builds a shelter in a camp in Cox's Bazar, Bangladesh, September 21, 2017. REUTERS/Cathal McNaughton

Simon Lewis, Tommy Wilkes-SEPTEMBER 24, 2017

COX‘S BAZAR, Bangladesh (Reuters) - Doctors treating some of the 429,000 Rohingya Muslims who have fled to Bangladesh from Myanmar in recent weeks have seen dozens of women with injuries consistent with violent sexual attacks, U.N. clinicians and other health workers said. 

The medics’ accounts, backed in some cases by medical notes reviewed by Reuters, lend weight to repeated allegations, ranging from molestation to gang rape, leveled by women from the stateless minority group against Myanmar’s armed forces.

Myanmar officials have mostly dismissed such allegations as militant propaganda designed to defame its military, which they say is engaged in legitimate counterinsurgency operations and under orders to protect civilians.

Zaw Htay, spokesman for Myanmar’s de facto leader Aung San Suu Kyi, said the authorities would investigate any allegations brought to them. “Those rape victim women should come to us,” he said. “We will give full security to them. We will investigate and we will take action.”

Suu Kyi herself has not commented on the numerous allegations of sexual assault committed by the military against Rohingya women made public since late last year.

Violence erupted in Myanmar’s northwestern Rakhine state following attacks on security forces by Rohingya militants last October. Further attacks on Aug. 25 provoked a renewed military offensive the United Nations has called “ethnic cleansing”.

Reuters spoke with eight health and protection workers in Bangladesh’s Cox’s Bazar district who between them said they had treated more than 25 individual rape cases since late August.

The medics say they do not attempt to establish definitively what happened to their patients, but have seen an unmistakeable pattern in the stories and physical symptoms of dozens of women, who invariably say Myanmar soldiers were the perpetrators.

It is rare for U.N. doctors and aid agencies to speak about rape allegedly committed by a state’s armed forces, given the sensitivity of the matter.

“INHUMAN ATTACK”

Doctors at a clinic run by the U.N’s International Organization for Migration (IOM) at the Leda makeshift refugee say they treated hundreds of women with injuries they said were from violent sexual assaults during the army operation in October and November.

There have been fewer rapes reported among the influx of refugees since August, said Dr. Niranta Kumar, the clinic’s health coordinator, but those they have seen have injuries suggesting “more aggressive” attacks on women.

Several health workers suggested that, whereas in October many women had initially remained in their villages believing the army sweeps were only targeting Rohingya men, this time most had fled at the first sign of military activity.

Doctors at the Leda clinic showed a Reuters reporter three case files, without divulging the identity of the patients. One said a 20-year-old woman was treated on Sept. 10, seven days after she said she was raped by a soldier in Myanmar.

Handwritten notes say she said soldiers had “pulled her hair” and a “gun used to beat her” before raping her.

Examinations often find injuries suggesting forced penetration, beating and even what looked like intentional cutting of the genitals, doctors said.

“We found skin marks, it showed a very forceful attack, an inhuman attack,” said IOM medical officer Dr Tasnuba Nourin.

She had seen incidents of vaginal tearing, bite marks and signs that seemed to show a firearm was used to penetrate women, she said.

Among the new influx of Rohingya she had treated at least five women who appeared to have been recently raped, she said, adding that in each case the physical injuries observed were consistent with the patient’s account of what had happened.

“FRACTION OF THE CASES”

At Bangladesh government clinics supported by U.N. agencies in the Ukhia area, doctors reported treating 19 women who had been raped, said Dr. Misbah Uddin Ahmed, head of the main health complex there, citing reports from female clinicians.

“The evidence included bite marks, tearing of the vagina, these sorts of things,” he said.

In one day alone, Sept. 14, six women showed up at one of the clinics, all saying they were sexually assaulted. “They all said Myanmar army had done this.”

An IOM doctor who asked not to be identified, working at one of those clinics near the Kutapalong refugee camp, said a woman who crossed from Myanmar in late August said she was raped by at least seven soldiers.

“She was extremely weak and traumatized and said she struggled to make it to the clinic,” the doctor said. “She had a laceration on the vagina.”

The doctor treated 15 of the 19 cases of women who appeared to have been raped, and another eight women who had been physically assaulted. Some were given emergency contraceptives, and all were given treatment to reduce the risk of contracting HIV and jabs against hepatitis. Symptoms included bite marks over the arms and back, tearing and laceration on the vagina and vaginal bleeding, the doctor said.

Internal reports compiled by aid agencies in Cox’s Bazar recorded that 49 “SGBV survivors” were identified in just four days between Aug. 28-31. SGBV, or sexual and gender-based violence is used to refer to only cases of rape, according to U.N. doctors. Data for reported rape cases was not available for other dates.

A situation report from aid agencies says more than 350 people had been referred for “life-saving care” relating to gender-based violence - a broad term that includes rape, attempted rape and molestation, as well as emotional abuse and denial of resources based on gender - since Aug. 25. It did not refer to the perpetrators.

Kate White, emergency medical coordinator for Médecins Sans Frontières (MSF) in Cox’s Bazar said the charity had treated at least 23 cases of sexual and gender-based violence including gang-rape and sexual assault since Aug. 25.

“This is a fraction of the cases that are likely to be out there,” she said.

“RAPE AS A WEAPON”

Reuters first reported allegations of mass rape of Rohingya women within days of militant attacks in northern Rakhine in October.

The same reports were also heard by U.N. investigators who visited Bangladesh in January.

A report of the U.N. Secretary General in April said the sexual assaults were “apparently employed systematically to humiliate and terrorize their community”.

Before her rise to power last year Suu Kyi had spoken of rape being used as a tool of division in the country’s myriad ethnic conflicts.

“It is used as a weapon by armed forces to intimidate the ethnic nationalities and to divide our country, this is how I see it,” she said in 2011 in a video message to a conference on sexual violence in conflict.

Her spokesman Zaw Htay said there was “nothing to say” when asked if her view had changed since then. “Everything should be according to the rule of law,” he said. “The military leaders also have said they will take action.”

Typhoid vaccine set to have 'huge impact'

Typhoid is spread through dirty water and contaminated food.

By James GallagherHealth -24 October 2017

A new vaccine that could prevent up to nine-in-10 cases of typhoid fever has been recommended by the World Health Organization.

Experts say it could have a "huge impact" on the 22 million cases, and 220,000 deaths, from typhoid each year.

Crucially it works in children, who are at high-risk of the infection, unlike other typhoid vaccines.

It is hoped the vaccine could eventually help countries eliminate typhoid.

Typhoid fever is caused by Salmonella Typhi bacteria and patients have:

• prolonged fever
• headache
• nausea
• loss of appetite
• constipation
• in one-in-100 cases it causes fatal complications

The bacteria are highly contagious and spread through contaminated food or water.

The infection is most common in countries with poor sanitation and a lack of clean water, particularly in south Asia and sub-Saharan Africa.

Two typhoid vaccines already approved to help reduce the number of cases, but none are licensed for children under the age of two.

• Every childhood vaccine may go into a single jab

The decision to recommend the new conjugate typhoid vaccine was made by the WHO's Strategic Advisory Group of Experts on Immunization (Sage).

Prof Alejandro Cravioto, the chairman of Sage, said: "For the first time I think we do have a very effective vaccine."

Sage recommended the vaccine should be given to children aged six-months old and said catch-up campaigns focusing on children up to 15 years old should also take place.

Prof Cravioto said the vaccine was vital as the world was "reaching the limit" of current treatments due to the "crazy amount" of antibiotic resistance the typhoid bacterium had acquired.

'A valuable weapon'

Data from a clinical trial of the vaccine, carried out by the University of Oxford, was published just last month in the Lancet medical journal.

The "challenge study" gave the vaccine to 112 people and then deliberately infected (challenged) them with typhoid-causing bacteria.

Such an approach gives a clear picture of a vaccine's effectiveness without having to immunise thousands of people. It showed the vaccine was up to 87% effective.

Prof Andrew Pollard, who ran those trials, told the BBC News website: "It could have a huge impact.

"If it can be rolled out in all communities, it must be possible to prevent the majority of cases and if it also interrupts transmission, which hasn't been shown yet, then it could be eliminated from those regions."

Gavi, the global body that pays for vaccines in 68 low and middle-income countries, is now considering whether to add the typhoid vaccine.

Dr Seth Berkley, the chief executive of Gavi, said: "Not only could this vaccine save lives, it could also prove to be a valuable weapon in the fight against antimicrobial resistance."

Before antibiotics, typhoid killed one-in-five people infected. Now there is growing levels of typhoid that is resistant to drugs.

Follow James on Twitter.

SRI LANKA MUST STEP UP PROGRESS ON TRANSITIONAL JUSTICE – PABLO DE GREIFF ( TEXT AND RECOMMENDATIONS)

23/10/2017

 statement

GENEVA / COLOMBO (23 October 2017) – The Government of Sri Lanka has not made sufficient progress in fulfilling its commitments on transitional justice and related reform processes, a UN human rights expert has concluded after an official visit to the country.

Pablo de Greiff, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, said delays in the implementation of commitments undermined trust and raised questions about the Government’s determination to undertake a comprehensive transitional justice programme.

SRI LANKA MUST STEP UP PROGRESS ON TRANSITIONAL JUSTICE – PABLO DE GREIFF ( TEXT AND RECOMMENDATIONS).docx by Thavam on Scribd

Jaffna Uni students boycott classes and launch signature campaign in support of Tamil political prisoners

23Oct 2017

Jaffna University students have been boycotting classes since last Friday in solidarity with the hunger-striking Tamil political prisoners in Anuradhapura.

Students at the University of Jaffna slammed the Sri Lankan government for failing to offer an acceptable solution following a meeting between the Sri Lankan President and families of political prisoners last week.

The detainees are hunger-striking to reverse the transfer of their cases from the Tamil Vavuniya High Court to the Sinhalese Anuradhapura court.

Continuing to boycott classes on Tuesday, students from Jaffna University launched a signature campaign to gather public support in solidarity with the hunger striking political prisoners.

A similar campaign was also carried out in the East by students of the Eastern University, following a joint statement by the student unions of the two universities.

Photographs from Jaffna. (Shalin for Tamil Guardian)

Related Articles: 

22 October 2017 : Eastern and Jaffna Unis jointly demand release of Tamil political prisoners

17 October 2017 : Jaffna Uni students hold hunger strike in solidarity with political prisoners

04 October 2017 : Jaffna University students and lecturers protest for release of Tamil political prisoners

Community divisions continue to dominate Sri Lanka’s political debate

*The Long Term Solution To Sri Lanka’s Ethnic Problem
*Will Sri Lanka Follow The Example Of Nepal?

By Jehan Perera-October 23, 2017

The strident opposition to the government’s constitutional reform process highlights the regrettable fact that the country’s ethnic divide continues to be serious. The opposition is claiming that the Constitutional Assembly’s Steering Committee report is a formula to divide the country to accommodate sections of the international community. Former president Mahinda Rajapaksa has urged the government to abandon what he described as ‘the destructive proposal’ for a new constitution. According to him, "It has been proposed that the Sinhala word ‘ekeeya’ be retained in the Sinhala version of the proposed new constitution, while the English word ‘unitary’ will be dropped from the English version together with the conceptual framework it denotes. Thus the local population will be under the impression that Sri Lanka still remains a unitary state, but in the eyes of the international community, we will be considered a country that has relinquished unitary status."

Opponents of the constitutional reform process have also been able to use this Steering Committee report to convince the Buddhist religious leadership that there is both a threat to the country’s national unity and to the foremost place of Buddhism within the polity. The sense of insecurity and fear that the proposed constitutional reform has generated has led them to frontally oppose this major initiative of the government. Leading Buddhist clergy have taken the position that the proposed Constitution is not suitable as it leads to division of power, including the assigning of powers to the Provincial Councils and Pradeshiya Sabhas, and it is evident that the country would be divided. They have said that in these circumstances there is no need for a new constitution and the existing one is satisfactory. This has resulted in Prime Minister Ranil Wickremesinghe promising to consult religious leaders before taking any final decision on the proposed new constitution.

The problem with the Steering Committee report is that it has been misinterpreted as the draft constitutional proposal. This has been denied by the government but it is the opposition propaganda that has been reaching the people. The Steering Committee report is not even a consensual one and sets out different positions regarding the more controversial issues which have been presented as options in the report. These options have been construed by the opposition to be government positions. Examples would be the definition of unitary state and the foremost place given to Buddhism in which alternative formulations have been proposed. However, the fact is that they are not government positions. The SLFP which is the second largest partner in the government coalition has clearly stated that it is not in agreement with new formulations but stand by the existing constitutional formulations on those issues.

GROWING INSECURITY

The end of the three-decade long war gave rise to the expectation that the sense of insecurity about the division of the country would subside and that relations between the ethnic and religious communities would stabilize and become more trusting. But this has not happened. If at all, the antagonisms are threatening to widen. Reports from the North are not indicative of accommodation and trust but of increasing levels of frustration. Public protests have been continuing in the Northern capital of Jaffna against a decision by the Attorney General’s department to transfer three Prevention of Terrorism (PTA) cases from the Vavuniya High Court to Anuradhapura. Students at the University of Jaffna have launched a university-wide boycott of classes until further notice as student leaders are scheduled to discuss future course of protest action. Earlier in the month protests in Jaffna led to the closure of commercial establishments and schools in Jaffna and transport services came to a halt. 

The tension in the North is not only between the Tamil people and government but also between the Tamil and Muslim people inhabiting the North and East due to rivalries over land ownership and the spread of members of one community at the expense of the other. These rivalries are given a bitter tinge due to the memories of the war time conflicts that saw members of each community informing against the other and the resulting targeted killings, massacres and expulsions that took place as a result. This sense of suspicion and fear includes those living in Colombo.

Recently I had the experience of being part of a small group discussion. I made the point that even though the government’s progress was slower than anticipated in many areas, in terms of the sense of security enjoyed by people there was a big improvement over the past. After the meeting one of those present privately told me he disagreed with what I had said though he had let it pass without contradicting me. He said that those of the Muslim community felt a growing sense of vulnerability to violent attacks against them by mobs and this fear existed even in Colombo.

Subsequently, I cross checked this with others who confirmed this sense of vulnerability. One of them sent me a large number of comments and pictures from Facebook on the social media which revealed strong and shocking hatred. There was also a sense of reverse fear and long term threat on the part of those from the Sinhalese community who engaged in the social media discussions that put forward the view that the majority status of the Sinhalese was being threatened by the growth of the Muslim population who would one day overtake the Sinhalese as the majority population in the country.

EQUAL PROTECTION

It cannot be overemphasized that these issues of ethnic and religious polarization need to be dealt with or else the tendency would be for them to get worse. These problems and fears will not go away on their own but only through a long and continuing process of education, trust building, goodwill gestures and concrete actions on the ground.The government’s priority concern seems to be to develop the economy and thereby win public support and votes for itself that would win it elections in the coming future. With local government elections being imminent, the government would be doing all it can to improve the economic situation of the people rather than deal with controversial issues of inter-community relations on which there is a clear ethnic and religious polarization.

However, economic development by itself will not resolve those issues, although it might give the government more credibility as an effective government that needs to be taken seriously. There is a greater possibility that a government with a track record of economic success will have the credibility to take the people in the direction of a new ethos that upholds pluralism as a necessary feature of Sri Lankan life. The example of Singapore is worth noting in this regard. Lee Kuan Yew took power in a country born out of ethnic division, when Malaysia expelled it from the Malayan Federation. By being fair and just to all communities, and employing the Rule of Law with severity to all law breakers, the Singapore government under his leadership was able to ensure the unity of the people who could then achieve unfettered economic success.

Pluralism as a political philosophy is the recognition and affirmation of diversity within a political body, which permits the peaceful coexistence of different interests, convictions and lifestyles. In a pluralist society every part of the country is the home of all citizens irrespective of their religion or ethnic identity, and the equal protection of the state and the law is extended to all. All sections of society, including government, business and civil society need to affirm the value of pluralism in which all ethnic and religious communities are recognized and accepted. The fact that the Sinhalese are the majority in the country, or the Tamil are a regional majority in the North-East, or the Muslims are the majority in parts of the East, does not mean that other communities are outsiders or in second place. The law needs to be applied with firmness to all who break it, act violently and engage in hate speech, regardless of their ethnicity or religion.

Military Attacks Against Constitutional Conversation

By P. Soma Palan –OCTOBER 24, 2017

P. Soma Palan

I refer to the article captioned “Constitutional Conversation by Dr. Dayan Jayatilleka – a Response”, by  Rear Admiral Dr. Sarath Weerasekera (Dr. SW), in the Daily Mirror of 17th October.

I respond, as an independent thinker, when untruths, Falsehood and defective reasoning are found in the views expressed by the writers. Having said this, I contradict some of the views expressed by the learned Dr. SW. as follows:

Unitary State

Dr. SW states “ours is not a Federal country and Sinhale (Ceylon, Sri Lanka) has been a unitary country throughout “. This is a downright lie. The word Unitary is a modern concept and relates to a Constitution and structure of a State. In the recorded history of Lanka, from the pre-historic times, there had never been a Constitutional rule. So, how can the Dr.SW say that we have been a Unitary Country throughout?  Can he with honesty say in which period of history, the country had an unbroken, continuous Unitary rule. All Rulers of the country from the legendary King Ravanan to the last King of the Kandyan Kingdom till 1815, were Monarchs. Ravana’s grandfather, Pulasthi ruled as king from the city of Pulasthinagar, which name was later changed to Polonaruwa in the Mahavamsa. Even Muthusivan and his son, Devanambiya tissa, were Hindu Telugu kings. Devambiyatissa was followed by his four brothers till the first Chola invader, from South India, who ruled for 22 years. He was followed by Chola invader Ellalan (Elara), who ruled for 44 years.  In 993 A.D. Rajaraja Cholan invaded and ruled for 24 years, followed by his son Rajendra Cholan (30 years).  In 1017 Magha from South India invaded and ruled for 36 years.  Even in the modern period, the country was ruled by four Nayakkar kings from Andhara in South India , for a total of  76 years. So, Dr.SW, where does your spurious claim stand, that the country was” unitary throughout?” Can the learned Dr. SW deny this and prove to the contrary. The labeling of the country as “Sinhale”, is a fabrication of the Sinhala racists. Geologically, there was no country till the landmass separated from the Sub-Continent of India around 9000 years B.C. The country was called “Ilankai”, in Tamil, which name was later modified to Lanka by deleting the first and the last letters of Ilankai.

Denial of Dr. Dayan Jayatilleke’s statement

Dr. SW counters Dr. Dayan J’s statement that “there were Sinhala extremists who feel that only Sinhalese should live in this country,” by saying “I have never come across in my life a single such Sinhalese”. Isn’t this a blatant lie? Dr. SW has lost his memory to remember the two communal riots of 1958 and the worst one of 1983, where the Sinhalese mobs, under State patronage, unleashed murder and destruction on the Tamils, to drive them out from the country. Isn’t the killing of innocent surrendering Tamils in the last stage of the war, in thousands, by the armed forces, amounts to wiping out the Tamils from the country? Ironically, Dr.SW is a self- illustration of Sinhala extremism, when he refers to the country as “Sinhale”, and not with the official name Sri Lanka. Isn’t the attacks on Christian Churches and Muslim Mosques and their business establishments, a manifestation that “only Sinhalese should live in the country”, which proves Dr. Dayan’s rightful assertion? He has still not come across a bandwagon of extreme nationalist/racists, as Ven. Galagoda Atte  Gnanasara Thero, Ellewansa Thero,

Dr. Nalin de Silva, Dr. Gunadasa Amerasekera, Manohara de Silva, just to mention a few, who are prominent public personalities, and thousands of their followers , who are lurking under, unknown.

Discrimination of Tamils non-existent

According to Dr. SW discrimination of Tamils is non-existent. Dr. SW states “who says Tamils are discriminated and to give at least one example where Tamils are deprived of anything by any law of the country”. One can cite a catalogue of discrimination of Tamils. He wants at least one example but, I can be generous and give a few examples of substantive ones to improve his knowledge. Discrimination is something that has to be experienced and not in constitutional guarantees and laws.

1. Isn’t the Constitution ‘per se’ discriminatory, when it stipulates that the religion of the majority Sinhalese, Buddhism, will have the “foremost place”? Does it not mean that other religions, including the Hinduism of the Tamils, are relegated to a secondary place?

2. Discrimination in employment opportunities. Can the Dr. SW give the total cadre of the defense forces, the Army, Navy, Air Force and the Police and the number of Tamils in the armed forces. Then, he will know the extent of discrimination of the Tamils. Whereas, U.S.A and Indian defense forces are fully representative of various ethnic groups of their countries. American Negroes are very conspicuous in their armed forces.

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