'Racist' farmers sentenced to prison over coffin case

Defendants Theo Jackson, right, and Willem Oosthuizen at court in Middelburg [Azad Essa/Al Jazeera]

by Azad Essa-Friday 27 October 2017 

Middelburg, South Africa - A court in South Africa has sentenced two white farmers found guilty of kidnapping, assault and intent to do grievous bodily harm to more than 10 years in prison after they shoved a black man in a coffin and threatened to set him ablaze.

Willem Oosthuizen and Theo Jackson were sentenced to 11 and 14 years in jail, respectively.

Sentencing proceedings, which had been postponed since Monday, were heard at the Middelburg Magistrate's Court on Friday.

The court fell silent as the heavy sentences were handed out. Family members of Oosthuizen and Jackson sat together in court and cried.

The case has shocked the country and seen an outpouring of support for the victim, Victor Mlothshwa. The incident, which took place in August 2016, caught the country's attention after mobile phone footage was widely watched online.

Victor Mlothshwa's case has raised the issue of racism in South Africa [File: Azad Essa/Al Jazeera]

Judge Segopotje Mphahlele said the most appalling thing done by the white men was to put a living person inside a coffin.

"The conduct of the accused fueled racial division ... in a society of increasing racial intolerance" Mphahlele said.

There were buoyant scenes outside the Middleburg Magistrates Court as news of the sentencing was announced.

About 500 people, many in party regalia of the ANC and the Democratic Party, could be seen waving party flags and holding up banners that called for an end to racism.

A mobile stage, sponsored by the ANC, was set up outside the court as local and regional leaders took turns to address the hundreds of the supporters who had come from surrounding areas to show support for Mlotshwa.

About 30 white farmers also came to show solidarity with the accused. They stood adjacent to the entrance of the court looking on, mostly in silence, as the crowd danced, sang, and shouted slogans.

Defence lawyers representing the accused men earlier asked the court to be lenient,alleging Mlothshwa was riding a wave of public outrage ever since the video of him being assaulted in a coffin went viral in 2016.

Though they argued the men were sorry for the consequences of their actions, the prosecution argued the accused had shown little remorse.

The final judgement is expected to have far-reaching consequences for race relations in the country.

Oosthuizen and Jackson shoved Mlothshwa into a coffin in August 2016 [Screengrab/Al Jazeera]

In the video, Oosthuizen and Jackson can be seen trying to close the lid of the coffin with their boots as Mlothshwa begged for his life.

The men can be heard hurling abuse and threatening to douse him with petrol and set him on fire.
The assault took place on a farm close to Komati power station in Middelburg, a northeastern town, and spurred national outrage, prompting recollections of the country's racist past.

Carel Taute, Jackson's lawyer, said he believed the sentencing was too harsh.

"The whole case is strange - even the fact that it was taken to the High Court when there was no murder," he told Al Jazeera. "Then we had media attention almost the entire time. The media attention, to me, seemed to fuel the tenor of the trial.

"I find it ironic that the judge said that the judgement had to build relations within the community. I am afraid this will do the opposite."

In her judgement on August 25, Mphahlele found the white farmers guilty of kidnapping and assault with intent to do grievous bodily harm to Mlotshwa.

Oosthuizen and Jackson pleaded not guilty to charges of attempted murder, saying they merely wanted to scare Mlotshwa, who they accused of cable theft.

Mlotshwa denied any wrongdoing and said he was picked up by the two men while taking a shortcut towards Middelburg.

Deep-seated racial inequality persists in South Africa two decades after the end of white-minority apartheid rule.

Zaakirah Vadi, a communications officer for the Ahmed Kathrada Foundation, told Al Jazeera the sentencing had to be seen within the larger context of racial and social dynamics in South Africa.
"This ruling sends a strong message that there is no place for blatant racism in South Africa and we hope that it serves as a deterrent to others," Vadi said.

The Minister of Arts and Culture Nathi Mthethwa praised the jail terms in a tweet.

"We welcome the sentences handed down on the #CoffinAssault culprits who were respectively sentenced to 11 & 14 years direct imprisonment."

The minister described the prison terms as "a stern warning" that "illustrates that we will not tolerate racism in our society".

Libyans dig for water in latest test for capital's residents

Libya's water crisis is a powerful symbol of state failure in a country that was once one of the wealthiest in the Middle East

A man fills bottles and a bucket with water in Tripoli, Libya (Reuters)

By Aidan Lewis and Ulf Laessing-Saturday 28 October

Across Libya's capital, residents have started drilling through pavements in a desperate search for water after the taps ran dry in a new low for living conditions.

After years of neglect, workers turned off the water to do urgent maintenance earlier this month, cutting supplies to many Tripoli households. Then an armed group sabotaged the system, prolonging the misery.

The water crisis is a powerful symbol of state failure in a country that was once one of the wealthiest in the Middle East but has been gripped by turmoil since a 2011 uprising unseated Muammar Gaddafi.

For Libyans the chaos has meant power cuts and crippling cash shortages. These are often made worse by battles between armed groups vying for control of the fractured oil-rich state and its poorly maintained infrastructure.

"We haven't had water for 10 days. The state does nothing," said Nasser Said, a landlord in Tripoli's upmarket Ben Ashour district.

Already equipped with a generator to keep the power running during electricity outages that sometimes last more than a day, he hired drillers to dig 31 metres to extract groundwater for the six apartments in the residential block he owns.

"No water, no electricity. You become a state in a state," he said, standing next to his building on a leafy sidestreet. "We last had to do this maybe 20 years ago."

Like many Libyans, Said is sceptical about the chances of UN-led peace talks unifying rival factions that have been fighting for control.

The talks were adjourned last week with little sign of progress in creating a government that could stabilise Libya and stand up to armed groups that have repeatedly seized oil facilities and other state assets to make demands.

Workers turned off the water to do urgent maintenance and an armed group sabotaged Tripoli's water system (Reuters)

The UN-supported Government of National Accord (GNA) has struggled to impose its authority since its leaders arrived in Tripoli in March last year.

Early last week an armed faction in the south said it had turned off water supplies from Gaddafi's Great Man Made River, a pipeline system that pumps water from underneath Libya's vast southern desert to coastal areas including Tripoli.

The group is seeking the release of a leader imprisoned by a rival faction in the capital, said Tawfiq Shwehaidi, a manager at the Great Man Made River based in the eastern city of Benghazi.

"We had started maintenance work on the 16th (of October) and cut supplies to Tripoli," he said.

"Afterwards an armed group ... set one power plant on fire, which closed three other plants and shut down 24 wells."

That has deprived residents of water while boosting the business of drillers who for $3,000 to more than $4,000 access groundwater unused in some neighbourhoods since the Great Man Made River started pumping water to Tripoli in 1996.

"We drill about three wells in two weeks - it takes about three to four days to drill a well," said Abdulsalam Forganea, a 23-year-old worker helping to operate an ageing drilling rig.

No budget

Parts of Tripoli offer a semblance of normality and power cuts have eased since the summer.

The city has seen fewer big clashes since a handful of armed groups aligned with the GNA earlier this year.

But security is still fragile. A former prime minister was abducted in August for nine days by one of the two most powerful armed groups, while the other engaged in a battle this month that shut down the airport.

We drill about three wells in two weeks - it takes about three to four days to drill a well

- Tawfiq Shwehaidi, driller

A Reuters reporter recently saw a traffic-clogged commercial street suddenly empty as a man was fatally shot by militiamen. Kidnapping for ransom is rife.

A conflict that escalated in 2014 has put extra pressure on a Tripoli population that swelled to an estimated three million with the arrival of displaced families from other Libyan cities.

Public health services are failing, inflation has spiraled, and the start of the school year has been delayed by several weeks because teachers are striking over salaries.

Shutdowns crippled oil revenues so little has been spent on repairs and maintenance, and the water network and other infrastructure have been corroded.

Most government spending goes on public salaries, including for former rebel groups that forced their way onto the state payroll after Gaddafi's overthrow.

"No budget has been transferred ... since 2011 except the emergency budget, which is the result of the financial difficulties experienced by the Libyan state," said Naji Assaed, head of the Libyan Water Authority.

Production at desalination plants has fallen sharply, with output at a plant in the western town of Zuwara dropping from 80,000 cubic litres to 16,000 cl annually.

Assaed said officials were working hard to resolve the crisis, but it was not clear when supplies would be restored. As he spoke, a tanker arrived to deliver water for his tattered ministry building.

"In the absence of adequate spare parts, lack of budgets, lack of stability in the security situation, security chaos, people do not comply with the law, and all this has affected the performance of the system," he said.

'Consistent' pattern of crimes against Myanmar's Rohingya, U.N. experts say

GENEVA (Reuters) - Rohingya refugees fleeing Myanmar have testified that a “consistent, methodical pattern” of killings, torture, rape and arson is taking place, United Nations human rights investigators said on Friday after a first mission to Bangladesh.

OCTOBER 27, 2017

Rohingya refugees who crossed the border from Myanmar this week cry as they take shelter at the Seagull Primary School in Kutupalong refugee camp in Cox's Bazar, Bangladesh, October 27, 2017. REUTERS/Hannah McKay

The fact-finding team, led by former Indonesian attorney general Marzuki Darusman, said the death toll from the Myanmar army’s crackdown following Rohingya insurgent attacks on Aug. 25 was unknown, but “may turn out to be extremely high”.

“We have heard many accounts from people from many different villages across northern Rakhine state. They point to a consistent, methodical pattern of actions resulting in gross human rights violations affecting hundreds of thousands of people,” Darusman said in a statement.

The team of three independent experts spent six days interviewing some of the 600,000 Rohingya from Myanmar’s northern Rakhine state who are in refugee camps near Cox’s Bazar. An advance team of U.N. rights officers have been conducting comprehensive interviews for weeks, it said.

“We are deeply disturbed at the end of this visit,” Darusman said.

Rohingya refugees who crossed the border from Myanmar this week take shelter at the Seagull Primary School in Kutupalong refugee camp in Cox's Bazar, Bangladesh, October 27, 2017. REUTERS/Hannah McKay

Radhika Coomaraswamy, another member and veteran U.N. human rights investigator, said she was left “shaken and angry” by the testimonies.

Mohsin, 1, a Rohingya refugee boy who crossed the border from Myanmar this week, cries on the floor of the Seagull Primary School in Kutupalong refugee camp in Cox's Bazar, Bangladesh, October 27, 2017. REUTERS/Hannah McKay

“The accounts of sexual violence that I heard from victims are some of the most horrendous I have heard in my long experience in dealing with this issue in many crisis situations,” she said. “One could see the trauma in the eyes of the women I interviewed. When proven, this kind of abuse must never be allowed to go unpunished.”

The U.N. team, which was established by the U.N. Human Rights Council in March, renewed its appeal for access to Rakhine state and for talks with the Myanmar government and military to “establish the facts”.

The third member, Christopher Sidoti, said that Rohingyas must be allowed to return to Rakhine if they wish, but only after mechanisms are put in place to ensure their safety.

“That may require the placement of international human rights monitors in Rakhine State,” he said.

Environmental groups decry move to lift open-pit mining ban in the Philippines

Tribal children seen at the Tampakan project mining tenement in the southern Philippine island of Mindanao. Source: Bong S. Sarmiento

By Bong S. Sarmiento | 27th October 2017

ENVIRONMENTALISTS have expressed outrage over the recommendation to lift the controversial open-pit mining ban to extract huge mineral deposits in the Philippines, which hosts the largest known undeveloped copper and gold reserve in Southeast Asia.

Department of Environment and Natural Resources (DENR) Secretary Roy Cimatu has disclosed that the multi-agency Mining Industry Coordinating Council (MICC), in a meeting on Oct 24, approved the lifting of the ban on open-pit mining.

Former DENR Secretary Gina Lopez, Cimatu’s immediate predecessor, issued Department Administrative Order (DAO) 2017-10 that bans the open-pit mining method for its alleged destructive nature not just to the environment but also to people’s livelihood.

Philippine Environment Secretary Regina Lopez speaks in front of a chart on mining issues during a press briefing in Manila, Philippines, on Feb 9, 2017. Source: Reuters/Erik De Castro

Cimatu, who co-chairs the MICC along with Finance Secretary Carlos Dominguez, said he supported the council’s recommendation to trash DAO 2017-10, even expressing hopes it can take effect before the end of the year.

The environment chief will present the recommendation to lift the ban on open-pit mining with President Rodrigo Duterte and fellow Cabinet members for approval.

Duterte earlier supported Lopez’s order prohibiting open-pit mining method in the country.

After the MICC recommended the lifting of the ban on open-pit mining, Lopez criticized the decision on social media, noting that the method poses “a great danger to an archipelagic country like the Philippines.”

“The Philippines is not a fit and proper place for open-pit mining,” said Lopez, who shut down dozens of big mining companies during her term.

SEE ALSO: Philippines: Miners triumph as eco-warrior Regina Lopez booted from office

Lifting the ban on open-pit mining would favour, among other big-ticket projects, the Tampakan copper-gold project straddling four provinces in the southern Philippine island of Mindanao.

The Tampakan project is touted as the largest known undeveloped copper-gold deposit in Southeast Asia. It is potentially the largest single foreign direct investment to the country with an estimated capital requirement of US$5.9 billion.

Based on the proponent’s studies, the Tampakan project contains 15 million tonnes of copper and nearly 18 million ounces of gold. It has the potential to yield 370,000 metric tonnes of copper and 360,000 ounces of gold annually. The estimated mine production value for 20 years was pegged at US$37 billion.

A man walks at the Tampakan project mining tenement in the southern Philippine island of Mindanao. Source: Bong S. Sarmiento

The commercial production for the Tampakan project was hampered after South Cotabato, one of the provinces straddled by the mining tenement, imposed a ban on open-pit mining in 2010.

Tampakan project operator Sagittarius Mines, Inc. had said its open-pit operation will employ “responsible mining.”

Convergence of Initiatives for Environmental Justice advocacy officer Rene Pamplona castigated the recommendation of the MICC recommending the lifting of the ban on open-pit mining.

SEE ALSO: Second review of Philippine mines to proceed despite minister’s removal – official

“We’re prepared to mobilise mass protests should the nationwide ban on open-pit mining be revoked,” he told Asian Correspondent, noting they are furious with the new recommendation of the MICC.

Pamplona said they believe that the South Cotabato provincial government will stand pat on its provincial-level open-pit mining prohibition even if Environment Secretary Cimatu will rescind the nationwide ban on open-pit mining.

The Alyansa Tigil Mina (ATM), a coalition of mining-affected communities in the Philippines, also rejected the recommendation of the MICC to lift the ban on open-pit mining.

Tribal children seen at the Tampakan project mining tenement in the southern Philippine island of Mindanao. Source: Bong S. Sarmiento

ATM National Coordinator Jaybee Garganera said the coalition has anticipated this recommendation from the MICC, as it reviewed the controversial order from former DENR secretary Lopez.

“This is not surprising, and we are disappointed and frustrated especially the mining-affected communities. The MICC failed to consult the communities as legitimate stakeholders,” Garganera said in a statement.

“Allowing destructive open-pit mining method is allowing the destruction of the rich Philippine biodiversity, forests, ancestral domains and other natural resources, there’s no other way to interpret it,” he added.

The long-lasting impacts of open-pit include forest clearing and extensive tree-cutting, water diversion, use of explosives, reduced access and volume of water resources by communities, and even physical displacement of families, according to him.

SEE ALSO: Philippines govt says it does not condone violence against environmentalists

Maintenance of toxic waste and acidification are also serious perpetual obligations, Garganera said.

People’s Network for the Environment coordinator Clemente Bautista urged Duterte to reject the recommendation of the MICC.

“We have seen numerous open pit mines left abandoned and unrehabilitated, leaking toxics and slowly murdering surrounding ecosystems.”

The Center for Environmental Concerns – Philippines also condemned the MICC recommendation, which it said “will allow large-scale mining companies to wantonly continue the plunder of the country’s natural resources and the destruction of people’s communities and livelihoods.”

On the other hand, the Chamber of Mines of the Philippines, the association of big mining companies in the country, welcomed the decision of the MICC.

The MICC recommendation is a positive development for the mining industry, the miners said, noting that open-pit mining is practised worldwide and “proven to be safe.”

Heart surgery survival chances 'better in the afternoon'

By James GallagherHealth and science reporter-27 October 2017

Open heart surgery appears to be safer in the afternoon because of the body's internal clock, scientists have said.

The body clock - or circadian rhythm - is the reason we want to sleep at night, but it also drives huge changes in the way our bodies work.

The research, published in the Lancet, suggests the heart is stronger and better able to withstand surgery in the afternoon than the morning.

And it says the difference is not down to surgeons being tired in the morning.

Doctors need to stop the heart to perform operations including heart valve replacements. This puts the organ under stress as the flow of oxygen to the heart tissue is reduced.

The doctors and researchers looked for complications including heart attacks, heart failure or death after surgery. They found:

• 54 out of 298 morning patients had adverse events
• 28 out of 298 afternoon patients had adverse events
• Afternoon patients had around half the risk of complications
• One major event would be avoided for every 11 patients operated on in the afternoon

One of those involved in the research, Prof Bart Staels, from the Institut Pasteur de Lille, told the BBC News website: "We don't want to frighten people from having surgery - it's life saving."

He also said it would be impossible for hospitals to conduct surgery only after lunch.

But Prof Staels added: "If we can identify patients at highest risk, they will definitely benefit from being pushed into the afternoon and that would be reasonable."

Obesity and type 2 diabetes have been shown to increase the risk of complications after surgery.

Heart health is already known to fluctuate over the course of a day.

The risk of a heart attack or stroke is highest first thing in the morning, while the heart and lungs work at their peak in the afternoon.

Dr John O'Neill, from the UK Medical Research Council's Laboratory of Molecular Biology, said: "Scientifically it is not hugely surprising, because just like every other cell in the body, heart cells have circadian rhythms that orchestrate their activity.

"Our cardiovascular system has the greatest output around mid/late-afternoon, which explains why professional athletes usually record their best performances around this time."

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Other possible explanations for the findings included surgeons being tired in the morning or their own body clock affecting their surgical skill, particularly if they are not "morning people".

But Prof Staels said the researchers had gone to great lengths to show that the difference in survival rates was not down to the surgeons.

The French team also experimented on cardiac tissue samples from patients and showed they beat more readily in the afternoon.

And an analysis of the DNA in the samples found 287 genes whose activity showed a circadian rhythm - waxing and waning during the day.

They then moved into mice and used experimental drugs to alter the activity of one of those genes and seemed to be able to reduce the risk of death.

Prof Staels said: "We believe we have identified a potential way to circumvent the disturbing observation that operations in the morning lead to more complications."

However, that will require more research to confirm.

The researchers are also investigating whether circadian rhythms have an impact on survival in other types of surgery.

Dr Mike Knapton, from the British Heart Foundation, said: "Thousands of people now have open heart surgery in the UK. If this finding can be replicated in other hospitals this could be helpful to surgeons planning their operating list, for non-urgent heart surgery.

Follow James on Twitter.

Sri Lanka: Phony moves toward democratic constitutional change

By K. Ratnayake -24 October 2017

Sri Lankan Prime Minister Ranil Wickremesinghe presented a “constitutional assembly” steering committee report last month. Although he declared the aim of a new constitution was “reconciliation and development,” the accompanying debate shows that every faction of the ruling elite is thoroughly steeped in divisive Sinhala communalism.

The report presented on September 21 will be debated for three days from October 30 to November 1, during which time the Sri Lankan parliament will meet as a constitutional assembly.

In March last year, the parliament decided to act as a constitutional assembly (CA) to prepare a new constitution. This is an anti-democratic body and not a genuine constitutional assembly directly elected by workers and poor.

The decision was backed by the ruling coalition led by the Sri Lanka Freedom Party (SLFP) and United National Party (UNP), as well as the Tamil National Alliance (TNA), Janatha Vimukthi Peramuna (JVP) and a faction of SLFP MPs supporting former president Mahinda Rajapakse.
Wickremesinghe boasted the CA would present a “consensus constitution” of all political parties for the first time since independence in 1948. However, the discussion has dragged on for more than a year and, after 60 sittings of the “steering committee,” only an interim report has been produced.

During the 2015 presidential election, President Maithripala Sirisena promised “democratic changes” to the constitution, including the abolition of the executive presidency and the strengthening of parliament to ensure “good governance.” This phony campaign, backed by the JVP, TNA and various pseudo-left organisations, was a means of exploiting popular anger toward Sirisena’s rival, the incumbent President Rajapakse, and his attacks on democratic rights.

The ousting of Rajapakse was in reality a regime-change operation backed by the US and India. Washington was hostile to Rajapakse’s close relations with Beijing and wanted Sri Lanka to line up behind its military build-up in Asia against China.

Presenting the report to parliament, Wickremesinghe said the new constitution would ensure no divisions on the basis of race, religion, ethnicity or social background. It would provide “equal distribution of the benefits of economic development … widen democracy and establish peace and stability.”

At the same time, the prime minister declared: “Sri Lanka should be a unitary state.” He stated: “We are a proud Buddhist nation. And the constitution is to be drafted on ‘Buddhist policies and principles.’”

Wickremesinghe noted the report replaced the words “unitary state” with more suitable words and formulas such as “Sri Lanka should be an undivided and indivisible country.” He said Buddhism would be given “the foremost place while assuring to all religions their rights.”

These comments demonstrated the utter hypocrisy of Wickremesinghe’s claims that the constitution will ensure no racial or religious divisions and will establish equality and democracy. His remarks are nothing but a vow to maintain the supremacy of the island’s ethnic majority Sinhalese Buddhists.
Under the banner of defending the unitary state and the “foremost place to Buddhism,” the Sinhalese ruling elite has systematically discriminated against the Tamil minority and exploited communalism to divide the working class. That resulted in the 30-year communal war against the separatist Liberation Tigers of Tamil Eelam (LTTE), which was defeated in May 2009.

Sirisena and Wickremesinghe have promised some minor concessions to the Tamil elite and its main party, the TNA, in order to strengthen bourgeois rule. The US and India, which are concerned about the risk of communal unrest, have advised the government to accommodate the TNA in a power-sharing arrangement.

The TNA earlier presented a proposal for a federal system, but later dropped it. TNA leader R. Sambandan praised the interim report, adding, “we must not be hanging on to words like federalism.” However, the TNA is hoping that the 13th Amendment to the existing constitution will be implemented, devolving greater powers to the majority Tamil provinces of the north and east.

The interim report demonstrates that the ruling coalition is not agreed on how far to go in making concessions to the Tamil elite. The UNP is proposing to merge the northern and eastern provinces—a longstanding TNA demand. But the SLFP is opposed. It demands the removal of a clause in the present constitution to hold a referendum to merge the provinces.

Just one week after the interim report was announced, Sirisena spoke at a Buddhist ceremony. He declared that the report “does not project a concept of federal state,” then added: “I will never allow a constitution that will break up this unitary status.” He affirmed there would be no “downgrading in the new constitution of any clause or paragraphs pertaining to Buddhism that are in the current constitution.”

Sirisena and Wickremesinghe campaigned to abolish the executive presidency but there is also no agreement between the ruling parties on this matter.

For all its claims to be establishing a new democratic constitution, the government is in fact preparing dictatorial rule and taking repressive measures against workers and the poor.

After nearly three years in office, the government has been discredited because of its implementation of savage, IMF-dictated austerity measures. Struggles have erupted in the plantations, power sector, petroleum industry, railways and universities, to mention a few. About 8,000 medical students have boycotted lectures for nine months, while other students are continuing to campaign against the privatisation of education.

The government depends on the betrayals of the trade unions, on one hand, and, on the other, the unleashing of the police and military to crush strikes and student protests. Fearing defeat, the ruling coalition has postponed local government and provincial council elections.

Along with these repressive measures, the government has integrated the country more closely into US war plans against China. Last week, the Sri Lankan armed forces held joint exercises sponsored by the US military in Trincomalee. Next month, US Deputy Secretary for Political Affairs Thomas Shannon will visit Colombo for a “Partnership Dialogue” between the two countries.

The Rajapakse-led faction of the SLFP, with the backing of various chauvinist groups and Buddhist monks, has launched a virulent communal campaign. While participating in the CA, this faction is accusing the government of seeking to divide the country and create a federal system to satisfy the TNA.

In a statement on October 16, Rajapakse warned the government to stop its “destructive measures.” He is seeking to exploit the growing opposition to the government and divert it into reactionary communal channels. He is openly campaigning to topple the government.

The struggle for genuine democratic rights is bound up with the fight against war and attacks on living conditions. In the struggle for a secular democratic state, every form of discrimination, including on a racial or religious basis, must be opposed. These tasks can be achieved only by the working class, supported by the oppressed masses, in the fight for socialism.

Govt won’t act on Lord Naseby’s statement

Mahishini-October 26, 2017, 10:14 pm 

The Foreign Ministry said yesterday that war crimes allegations would be dealt through national independent judicial mechanisms. Foreign Ministry spokesperson Mahishini Colonne said so when The Island asked her whether the government would request UK and Geneva to review the allegation that 40,000 civilians had been killed during the Vanni campaign, in the light of Lord Naseby statement int he House of Lords disputing the figure on oct. 12.

The following is the full text of SM spokesperson’s statement:

"As you would recall, the 100 Day Programme ‘United for a Change. Dawn of Maithri Rule. A New Country in 100 Days’, in point 93, stated the following: "Since Sri Lanka is not a signatory to the Rome Statute regarding international jurisdiction with regard to war crimes, ensuring justice with regard to such matters will be the business of national independent judicial mechanisms.

"What this means is that the new Government of Sri Lanka pledged to re-assert lost sovereignty by taking ownership of processes that were in the international domain, by bringing them to the local domain, and that the Government of Sri Lanka, as a sovereign state that is responsible for all its citizens, and responsible to uphold the rule of law, democracy, and justice, would take responsibility for credible investigations, locally (by this time, as you would recall, there was already an international investigation on Sri Lanka by the OHCHR Investigation on Sri Lanka (OISL), set up by Resolution 25/1 of March 2014).  

"As promised to the people by the 100 Day Programme (point 93), the National Unity Government proceeded to present its own set of national proposals for a transitional justice process, involving truth, justice, reparation, and guarantees of non-recurrence. For the first time, people were invited to present their views through a consultation process on reconciliation mechanisms that was set up locally, so that anyone could present their own ideas for reconciliation mechanisms to the Government. 

"The Government of Sri Lanka remains committed to national processes aimed at realising the vision of a reconciled, stable, peaceful and prosperous nation.  Engaging in arguments and debates  in the international domain over the number of civilians who may have died at a particular time in the country will not help resolve any issues, in a meaningful manner, locally, except a feel good factor for a few individuals who may think that they have won a debate or scored points over someone or the other. 

"This country has seen violence many times – for example in 1971, and also during the period between 1987 and 1989 when civilians died and went missing in the south. Once again, after the end of the conflict in May 2009, certain incidents took place in the south, such as the Welikada Prison incident, shooting at protesters in Rathupaswala and in the Katunayake Free Trade Zone. And today,  there are attempts  once again to  instigate violence in the south by branding people as traitors and trying to create divisions in society. These indicate,  whatever community one belongs to, one cannot be guaranteed of safety. All communities have been affected by violence at some point or the other in this country. 

"Therefore, systems that restore trust in investigations and judicial processes, and systems that strengthen individual rights  will benefit all communities and also enhance social trust over the long-term. This is what the Government seeks to carry out, for the benefit of all citizens,  present and future, in the interest of long-term stability and prosperity of the nation."

Constitutional Reform: A Review Of The Proposal On Public Security – Part II

By Mass L. Usuf –OCTOBER 27, 2017

Mass Usuf

Sri Lanka has gone through armed insurrections both in the North and South at different periods. She has, therefore, been under emergency rule for a long time.  This state of affairs had deprived innumerable persons from the Sinhala, Muslim and other communities of their basic rights.  Special mention must be made of the violations of the rights of the Tamil civilians.  All of which points to the fact how emergency rule can be easily abused, draconian laws enacted (like the Prevention of Terrorism Act of 1979), rule of law disregarded and democratic values literally made non-existent.

The question of authority, as to who shall have the power to proclaim a state of emergency is a vital element.  This, of course, can depend on the system of government –  presidential system or a parliamentary system, where there is a titular or ceremonial president.  The proclamation process can mutate into a variety of combinations based on the system and the statutory requirements.  For example, the president alone may declare a state of emergency or the prime minister or the legislature or the president on the advice of the prime minister or the prime minister on the approval of the legislature.

Critical Areas

Some of the other areas of concern relating to a state of emergency are:

1. A method by which to check if the ‘existence or imminence of a state of public emergency’ has really arisen;

2. the time period for which the state of emergency is proclaimed.

3. the extension of the time period.

4. can the constitution be suspended under the emergency rule or amendment to the constitution permitted, by passing the laid down procedure for constitutional amendments?

5. Is there an effective and adequate checking mechanism to monitor and restraint executive excesses?

6. A control valve to shut out draconian emergency legislations.

7. The areas pertaining to the derogation of fundamental rights and to what extent are the underogable rights limited.

Examining the present constitution under the microscope of these safeguards will reveal the gaps.  On this foundation, suggestions may be formulated to fill in the lacunae in the proposed new constitution. Here, the emphasis will be on broadening the scope of safeguards on fundamental rights and identifying control mechanisms to enhance restraint on abuse of authority.

Declaration Of A State Of Emergency

As stated in Part I of this article, the 1978 constitution recognises the Public Security Ordinance of 1947 (PSO) via Article 155.  The PSO grants exclusive authority to the President to proclaim a state of emergency, ‘the President may, by Proclamation published in the Gazette, declare that the provisions of Part II of this Ordinance shall, …. come into operation’. (Section 2 (1)). 

It is also important to note that the decision on the ‘existence or imminence of a state of public emergency’, is solely that of the President.  In his view if, ‘the President is of opinion that it is expedient so to do’, he shall proclaim a state of emergency as per Section 2 (1) of Public Security Ordinance.

Comparatively, under the 1972 constitution the President shall act on the advice of the Prime Minister, Clause 134 (2).

Emergency Regulations

It would be a timely reminder to realise that the Public Security Ordinance of 1947 was a piece of colonial legislation.  The PSO itself will have to be revisited in order to bring it to international standards respecting human rights that have since evolved.

Part II of PSO authorises that: ‘The President may make such regulations (hereinafter referred to as “emergency regulations”) as appear to him to be necessary or expedient…’ (Section 5 (1)). 

The wide powers under Section 5 (2) of PSO to make emergency regulations include the following areas:

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