Tuesday, March 20, 2018

Australia and Japan’s light bulb moment

Energy cooperation between Canberra and Tokyo could help keep the lights on for the region

ANBUMOZHI VENKATACHALAM-12 MARCH 2018

The future of Australia-Japan energy cooperation will be increasingly shaped by the growing demands of their Asian neighbours, Anbumozhi Venkatachalam writes.

Current energy cooperation between Australia and Japan is marked by their mutual strengths. Both countries take advantage of domestic energy resources, encourage energy efficiency, and are seeking to introduce energy market reforms.

Japan and Australia have developed integrated policy frameworks for both energy security and market stability, and have spurred fresh investment into international energy assets. The two nations’ joint initiatives are also progressing in organisations such as the Asia-Pacific Economic Cooperation (APEC) forum and the G20, which support the globalisation of clean energy technologies and enhance the capabilities of emerging Asian economies to implement best practices.

Australia and Japan are together playing a critical role in achieving global energy security and mitigating climate change with a wide range of new initiatives.

Today, China, India, and the members of the Association of Southeast Asian Nations (ASEAN) are among the most dynamic parts of the global economic system and are a rising force in international energy affairs. Their primary energy demand grew by over 70 per cent in the last three decades and accounted for more than 60 per cent of total global energy demand.

These countries are not only the most populous neighbours of Japan and Australia, but also middle-income nations which have already reached an energy-intensive phase of development. As their energy demand has grown, they have become a key part of global energy security and carbon emission mitigation dynamics and efforts.

This development poses a number of opportunities and risks for Australia and Japan. As a result, there are three broad areas where Canberra and Tokyo should seek greater energy cooperation.

The first area for cooperation relates to the supply of low carbon or intermediate energy resources. To cope with increased energy demand in the region, Australia and Japan aim to diversify their energy mix with the expanded use of Liquefied Natural Gas (LNG). The 2011 Fukushima nuclear accident in Japan and the commitment to Paris Agreement goals by 2030 provide a strong policy imperative for Japan and its neighbours to boost LNG trade.

For its part, Australia will soon become the world’s leading LNG exporter. Its annual export capacity is projected to rise from around 40 billion cubic metres in 2015 to over 100 billion cubic metres in 2030. However, other global suppliers such as Qatar will remain strong contenders for LNG market dominance.

Greater regional trade, increased short-term export potential and greater operational flexibility are leading to a convergence of gas prices at the regional level. The governments of Australia and Japan must jointly make big decisions on LNG pricing, production and distribution infrastructure and export policies.

The second area for cooperation is reducing the energy intensity of the transport sector, which will be the cause of most of the global carbon emissions in future. Japan has made hydrogen a symbol of its ability to pioneer new energy carriers, and wants to build an international hydrogen supply chain that extends from production to transportation and consumption. But transporting hydrogen to Japan and other parts of Asia is challenging.

With the advent of new technologies that can refine pure streams of hydrogen from renewables and coalmines, Australia can be the forerunner as a major exporter of hydrogen energy – beyond coal and gas. Australia’s government needs to consider how a portfolio of local innovations can complement Japan’s vision for a global hydrogen society.

The third area of cooperation is grid connectivity. Australia and Japan should pursue joint strategies to help reduce the impact of power supply disruptions and bring stability to clean energy integration into grids. The Asia Super Grid (ASG) is a multilateral energy trade strategy aiming to integrate the grids of Japan, Korea, China, Mongolia, ASEAN countries and India. Mongolia has major ambitions to mobilise its wind and solar resources to become the ASG’s energy hub and export up to 100 GW of renewable energy by 2030.

With the plunging costs of renewable energy production, Australia could become a contributor to the ASG, making it more attractive by mobilising its vast reservoir of desert solar and wind energy via a Subsea High-Voltage Direct Current. Having Australia on board will make an ASG based on 100 per cent renewable energy more attainable.

Across these three areas, Australia and Japan share much in common. The future of their energy cooperation will be characterised not only by their domestic needs and aspirations, but also by the growing energy demand of their Asian neighbours, the need to reduce the cost of supply, and the need to manage carbon emissions.

The emerging Asian countries will likely remain the main engine of economic growth and the centre of gravity for energy security in the coming decades. Cooperation between Australia and Japan therefore needs to ensure effective policy frameworks for LNG trade, support timely innovations in hydrogen infrastructure, and enhance the attractiveness of the Asia Super Grid.

China, India and ASEAN nations also face challenging energy policy choices. There is an imperative for the Asian countries to adjust their energy policies in line with the goals of the Paris Agreement.

In an era of changing energy demands and growing carbon constraints, Australia and Japan must work together effectively to reduce emissions in the region and enhance global energy security.

Monday, March 19, 2018

‘Search operation’ launched for owners of unutilised land in Jaffna

By Ashanthi Warunasuriya-Monday, March 19, 2018

The Government has launched an unofficial ‘search operation’ to locate the owners of unutilised land in Jaffna.

Most of the owners are known to be overseas and are either untraceable or uncontactable.

Additional District Secretary (Land) at the Jaffna District Secretariat, D. D. Muralitharan told The Sunday Leader that the unutilised lands can be made use of to uplift the Jaffna people’s economy and social standards.

Accordingly, the authorities are attempting to locate the owners of the unutilised lands and offer deals to obtain the land on rent or long term lease.

Muralitharan said that the land can be used to grow crops and vegetables by Government agencies in Jaffna.

The Government and the military have been returning land in Jaffna which had been acquired during the war.

However, some lands remain unclaimed even though they have been released while there are others which have rightful owners but are not being used and remain bare.

The land issue in the North has been a sensitive issue since the end of the war and has often been used as a political tool.

Tamil political parties, particularly the Tamil National Alliance (TNA), have been pushing for the release of military occupied land in the North. However, despite the end of the war, most families who fled the North and settled overseas are not willing to return and settle in the North once again.

As a result some of their land and property remain unused resulting in the Government looking at obtaining the land on rent or lease.

Army Commander Lieutenant General Mahesh Senanayake said that 76 percent of the land occupied by the Army has been released so far.

He said that in 2015 approximately 1739.9 acres of land were released and in 2016, it was 726.6 acres. In 2017, 85.60 acres of land in Thaiyiddy North had been released.

According to statistics available at the Jaffna District Secretariat, the total number of land released to date after the war is 3052.44 acres.

Accordingly, 621.8 acres from Valalai, 500 acres from Maruthankerny, and 421.62 acres from Thaiyiddy South were released.

The lands released from other areas in Jaffna have been recorded as Kankesanthurai 25.74 acres, Kankesanthuri Centre 58.62, Kankesathurei South 213.74, Palaiveemankamam North 55.60, Kadduvan 98.62, Kurumbasiddy 52.32, Palaiveemankamam South 62, Thenyamalai 26.10, Varuthalaivilan 132.78, Vasavilan East 80.63, Myliddy North 18.38, Thaiyiddy East 142.67, Thaiyiddy North 119.92, Palaly South 187.19, Thaiyiddy East 160, Thaiyiddy North 64.74,and Naguleswaram 9.97 acres.

The Police had occupied 5125.43 acres of lands and Army, 3565.1 acres of land, according to the DS Division District Summary of private land occupied by Tri Forces.

After removing the Army, Navy, Air Force and Police camps from the land they occupied, they had been relocated at suitable locations. The cost of relocating the camps had been borne by the Government at the time and the current Government.

Ensure governmental unity to strengthen governmental system

By Jehan Perera-March 19, 2018, 8:33 pm

Any apprehension that the government would take to a more authoritarian path through the extension of the State of Emergency was dispelled by its revocation by President Maithripala Sirisena. When the president declared a State of Emergency to cover the entire country there was criticism that this was an overreaction to the problem of anti-Muslim violence as the violence was largely confined to the Kandy district and did not cross over to the other 24 districts. However, to the targeted Muslim population who live as minorities throughout the country, and to the great majority of peace loving citizens of all communities, the declaration of a countrywide emergency was primarily a reassuring signal that government wanted to make sure it would not spread.

When assessing any action it is important to make a contextual analysis of the background within which it happens. In previous periods of crisis, governments have resorted to rule by emergency regulations which they continuously extended so that it finally became a case of concentrating power and using it against the democratic opposition parties. The insurrections of the past, both JVP and LTTE, gave successive governments ample opportunity to justify the extension and abuse of emergency laws. Indeed, the use of emergency laws became so prolonged that law enforcement officers forgot the regular laws and began to see the emergency laws as the norm.In those instances a justified need at one point of time gave rise to a longer term abuse of power that continued.

However, in the case of the state of emergency declared a fortnight ago this abuse did not happen. The government announced that it would be a temporary measure and would not last beyond the period of anti Muslim violence that it was invoked to put an end to. The declaration of emergency was coupled with a restriction on social media. This was because social media was being used to spread false messages and inflame hatred against one or other sections of the people. The social media, especially Facebook and Whatsapp had become free spaces in which false information and messages of hate and mistrust were being transmitted to the country at large.These restrictive measures needed to be seen in the context that they were meant to protect a vulnerable minority and only for a temporary period, which the government has delivered on.

TEMPORARY MEASURES

The temporary declaration of emergency and the restrictions placed on social media highlight strong and weak points of the government. The strong points are that the government continues to abide by the fundamental principles of democracy, which is the rule by regular law that gives full space for the exercise of democratic freedoms, while being non-racist and protective of minority rights. The lifting of the state of emergency and restrictions on social media may have been expedited by the cautions from the United States, European Union and United Kingdom which in unison expressed their concerns about the state of emergency and restrictions placed on social media. These are the norms in the established democracies. Unfortunately, however, these are not the norms in Sri Lanka which in fact has norms of political conduct that go in the opposition direction.

The weak point of the government has been its inability to make use of the democratic space it has opened up to carry its message sufficiently powerfully to the people. On the contrary it has abdicated the larger part of the space to racist and nationalist groups and to opposition parties that have utilized the democratic space made available to spread negative messages amongst the general population. An example would be former President Mahinda Rajapaksa’s appeal for calm at the time that anti Muslim violence was taking an upward climb. This was welcome. But while the former president appealed for calm, he simultaneously used the opportunity to blame the government for seeking to divide the country through constitutional reform. This was a case of appealing for calm on the one hand while rousing nationalist fears on the other hand.

There is no denying that the opposition led by the former president has been showing political skill and resilience since their unexpected defeat at the last presidential and general elections in 2015. They have been utilizing the democratic space opened up by the government to campaign against it on the basis of painting worst case scenarios. This has been done both openly at political rallies and also indirectly by putting ideas of nationalism and fear for the future of the country at the forefront of their political activities. The strength and resilience of the former president and his cohort of party members is admired by many. On the other hand,by widening the rift between the ethnic and religious communities they are leading the country back to abyss of inter communal conflict that would be disastrous to the country.

SECOND STRENGTH

The underutilized strength of the government is the fact that it is essentially a coalition government between the two main parties. The strength of being a coalition of the two traditionally largest political parties is that it brings in a bipartisan character to controversial political decisions. This is extremely important in dealing with issues such as constitutional reform and transitional justice that are aimed at addressing the root causes of conflict. But overshadowing this positive potential is the negative aspect that the two parties appear unable to agree on basic issues of governance and therefore the government is failing to make the decisions that need to be made to ensure good governance. Instead the opposition is looking more successful in driving a wedge between the two coalition partners.

The most recent initiative of the opposition is the motion of no-confidence against Prime Minister Ranil Wickremesinghe. By getting this motion passed, the opposition is hopeful that they can scuttle all the plans of the government to resolve the long standing ethnic conflict through political reform and ensure accountability for crimes of human rights violations and corruption. The priority given to this can be seen by the absurd claims made by leading members of the opposition that the results of the local government election have shown that the masses of people absolve those in the opposition of having committed any wrongs in the past. The opposition is holding out the bait that a member of the junior partner in the present government coalition can be rewarded with the post of prime minister. Through this strategy they are seeking to break the unity of the government.

This is a very crucial time for the country. The memory of the anti Muslim actions and the prospects of the country careening out of control to disaster loom large. It is essential that the leaders of the government coalition remember the ideals that brought them together in 2015. Their chief slogans were good governance, anti corruption, a political solution to the ethnic conflict and human rights for all. In particular President Sirisena and Prime Minister Wickremesinghe need to overcome their differences. Neither can survive in the longer term without the other. The need is for the two parties to unite in parliament to pass laws that will strengthen the institutions of the state, such as the judiciary, so that the system of government becomes more powerful than the individuals. This can be seen today in the United States where the excesses of President Donald Trump are moderated by the system and the ship of state is steady.

Sri Lanka’s Problematic Past with Commissions of Inquiry: Are We Repeating Mistakes?

BHAVANI FONSEKA- 03/19/2018

On March 21, 2018 the United Nations High Commissioner for Human Rights will provide an oral update to the United Nations Human Rights Council (UNHRC) on the human rights situation in Sri Lanka and the status on the commitments contained in UNHRC Resolution 30/1 which was adopted in October 2015 and extended by Resolution 34/1 in March 2017. While some progress has been made on these commitments, including the recent operationalisation of the OMP; the enactment of domestic legislation criminalising enforced disappearances; and some limited land releases, many commitments are yet to be fully implemented or even initiated including many on accountability.

The update comes at a time when there are considerable security issues on the ground following the recent spate of violence targeting the Muslim community. The violence in parts of Kandy District and other areas of Sri Lanka is yet another reminder of the inability of the government to control mobs inciting racial and religious hatred and violence targeting the Muslim community. Unfortunately, these are not isolated incidents but part of a pattern witnessed in recent years where numerical minorities have come under attack from mobs galvanised by the rhetoric of Sinhala Buddhist nationalism. This movement has become stronger in the absence of genuine measures to hold such perpetrators accountable by both the previous government and the current one.

In this context, several in this government are reported to have called for the appointment of a Presidential Commission of Inquiry (CoI) to investigate into the recent violence in Kandy and with unexpected efficiency, President Maithripala Sirisena announced that he will appoint a three member CoI soon. One must wonder at the efficiency of such responses by the government when even recognising and condemning the violence in Kandy took much longer. Apart from the delays, inability and inertia to effectively respond to the violence in the hours and days of the violence occurring, one really wonders whether those calling for and endorsing yet another CoI are even aware of the long list of CoIs appointed by successive governments; the significant amount of time and resources spent on them; and the little to no action successive governments have taken on the recommendations made by such CoIs.

Legacy of Past CoIs

The Lessons Learnt and Reconciliation Commission (LLRC), the Paranagama CoI and other such CoIs also had the natural consequence of raising the expectations of victims. With no real action or follow up, however, the inevitable result was disappointment and anger among victims, over and over again. None who engaged with the LLRC or other commissions saw justice served for past abuses.
Similarly, many who went before the Paranagama CoI are yet to receive answers on their disappeared loved ones. Many victims who engaged with the LLRC and Paranagama CoI in their sittings in the North travelled long distances, giving up their daily livelihoods to be heard often only for a few minutes. Many also faced significant language barriers while communicating their experiences, with the more recent CoIs being ill-equipped to provide adequate translation facilities, particularly in Tamil. Some faced threats and surveillance by security forces, before, during and after engaging with these CoIs. Some were robbed of their dignity, with probing and insensitive questions by some commissioners and those assisting the CoIs; state actors repeatedly appeared to be unaware of or unconcerned about the trauma caused to victims who have either witnessed or experienced horrific violence. But the desperation of searching for answers and justice is such that victims will engage again and again, despite empty promises.

These worrying practices are likely to be evidenced again if the present proposal to appoint yet another CoI is carried through. This is particularly because the victims are of an ethno-religious minority with good reason to be distrustful of state institutions, particularly in the immediate aftermath of violence the state was complicit to varying degrees in. Sadly, Sri Lanka’s legacy of numerous commissions is not a positive one for victims or for justice. Why then is there such enthusiasm to pursue a protracted process which is most likely to re-traumatise victims, and produce voluminous reports unlikely to be read by anyone and soon be forgotten? Critically, such a CoI, like previous ones, is unlikely to lead to any indictments or prosecutions, further contributing to Sri Lanka’s endemic culture of impunity.

Addressing Impunity

The current government inherited this culture of impunity but despite the ambitious promises made in 2015 including ones to address accountability, much is yet to be realised. The 2015 agenda included the promise to tackle corruption and bring to book perpetrators. Yet many alleged perpetrators are still free, the few arrested given bail with numerous other cases delayed. Since taking office, there is no known prosecution by this government that has led to a conviction on the grounds of inciting religious and racial hatred. In the absence of genuine action holding perpetrators to account, the numbers of cases where there is incitement of religious and racial hatred has increased under the watch of this government. So have calls by concerned citizens for the Police, the Attorney General’s Department and others mandated to arrest and prosecute perpetrators and prevent the spread of violence to act within the powers provided by law.

All this is despite sufficient laws such as the Police Ordinance, Penal Code and ICCPR Act being in place and evidence easily available. Those enthusiastically advocating for the repeat of yet another CoI are best advised to channel their untapped energy to ensuring that those mandated by law to do their jobs actually deliver and not waste taxpayer money on yet another long drawn out investigation that may face the same fate as the many others before it.

The Need for Leadership and Reform

Lest this government has chronic memory loss, we as citizens must keep reminding them of the reform agenda of 2015. The mandate of this government is for a change of political culture, for a clean government and good governance, to end nepotism and for accountability. The overwhelming support from minorities was for a political solution to the ethnic question and for accountability for past violence. Neither has seen significant progress, with prospects for both the constitutional reform process and transitional justice process fast diminishing. As evidenced by the recent spate of violence, there is increased scepticism that this government is able to prevent the further spread of violence and provide safety to minorities.

Nearly two weeks after some of the most damning violence in post-war Sri Lanka, many citizens look to strong and decisive leadership for safety, stability and non-recurrence. The government now has an opportunity to prove their critics wrong by showing leadership, taking a zero tolerance position towards such violence and taking swift action to hold perpetrators to account and to prevent recurrence. Arrests alone are insufficient; the authorities must prosecute and convict those responsible within the present law.

The Sri Lankan government delegation is likely to list out their achievements at the UNHRC this week and promise to follow through with the remaining commitments. This is mere rhetoric in a country where minorities continue to live in fear and where most perpetrators are yet to be prosecuted for serious human rights violations. The onus is on the government to deliver fully on its promises, not find excuses to subvert justice with proposals such as the present one to appoint yet another toothless CoI. Failure at this critical juncture will cement the fate of this government and miss a crucial opportunity to reckon with Sri Lanka’s past.

Editor’s Note: Also read, “The politics of organised violence against the Muslim community” and “The latest Commission of Inquiry in Sri Lanka: Another exercise in deception“.

UNHRC adopts Sri Lanka's UPR report

Mon, Mar 19, 2018, 11:26 pm SL Time, ColomboPage News Desk, Sri Lanka.

Mar 19, Geneva: The United Nations Human Rights Council in Geneva on Monday adopted final report of Sri Lanka's review under the 3rd cycle of the Universal Periodic Review that took place in November 2017.

Sri Lanka was represented by Permanent Representative to the UN in Geneva Ambassador Ravinatha Aryasinha and assisted by the Deputy Permanent Representative Mrs. Samantha Jayasuriya at the UNHRC 37th session today.

Addressing the session, Ambassador Aryasinha thanked the Office of the High Commissioner for Human Rights (OHCHR), the UPR Secretariat and the Troika of Sri Lanka's review - Burundi, South Korea, and Venezuela - for their contributions and invaluable cooperation in Sri Lanka's UPR process.

Out of the 230 recommendations that Sri Lanka received during the constructive dialogue last November, Sri Lanka accepted 177 recommendations along with 12 voluntary pledges. Sri Lanka has also taken due note of the remaining recommendations made by member states.

Ambassador Aryasinha reiterating Sri Lanka's firm commitment to the UPR process said Sri Lanka also remains committed to constructive engagement with the UN systems and procedures as well as engagement with individual member states in promoting human rights locally and internationally.

The Full Statement by Ambassador Aryasinha

Mr. President,
Excellencies,
Distinguished delegates,

I am honoured to be here today, for the adoption of the final report of Sri Lanka's review under the 3rd cycle of the Universal Periodic Review that took place in November 2017. I would like to thank the Office of the High Commissioner for Human Rights, the UPR Secretariat and the Troika of Sri Lanka's review - Republic of Burundi, the Republic of Korea, and the Bolivarian Republic of Venezuela - for their contributions and invaluable cooperation in Sri Lanka's UPR process.

Mr. President,

Out of the 230 recommendations that Sri Lanka received during the very constructive dialogue last November, Sri Lanka accepted 177 recommendations along with 12 voluntary pledges. We have also taken due note of the remaining recommendations made by member states, and we express appreciation to all delegations for their active participation in Sri Lanka's review and their valuable recommendations.

Sri Lanka is a strong supporter of the UPR process. Its peer review nature allows for open and constructive engagement that encourages countries to address important issues relating to human rights, and to learn from each other. Sri Lanka remains firm in its commitment to this process. We also remain committed to constructive engagement with the UN systems and procedures as well as engagement with individual member states in promoting human rights locally and internationally.

As you are aware Mr. President, Sri Lanka participated in the 3rd review in November 2017 in the backdrop of a renewed and transformed local setting following Presidential and Parliamentary elections in the year 2015 with a renewed focus on strengthening, promoting, protecting and upholding human rights; strengthening democracy, good governance, and the rule of law; reconciliation and sustainable peace; equality and dignity for all; upholding the pluralistic nature of society; and creating inclusive and equitable growth and development in the country.

In the 4 months that have passed since Sri Lanka's review in November last year, we have already made progress on the implementation of some of the recommendations.

-On 5 December 2017, Sri Lanka acceded to the Optional Protocol to the Convention Against Torture, and designated the Human Rights Commission of Sri Lanka as the National Preventive Mechanism. We have requested the Human Rights Commission of Sri Lanka to liaise with the Subcommittee to obtain the advice and technical expertise required for the effective and efficient operationalisation of the National Preventive Mechanism.

-Legislation to give effect locally, to the International Convention for the Protection of All Persons from Enforced Disappearance was enacted by the passage of the International Convention for the Protection of All Persons from Enforced Disappearance Bill in the Sri Lanka Parliament on 7 March 2018. This criminalises Enforced Disappearance.

-On the recommendations made by the Constitutional Council as per the Office on Missing Persons Act, the President appointed the Chairperson and Commissioners for the Office on Missing Persons on 28 February 2018, making the Office fully operational. At a meeting with the Chairperson and Commissioners on 28 February, the President assured them of the fullest support of the Government to ensure the effective functioning of the Office. We have circulated among delegations, the initial statement made by the Chairperson of the Office on Missing Persons on 12 March 2018. Sri Lanka Rupees 1.4 billion (approximately 9 million USD) has been allocated in the National Budget for 2018, for the Office on Missing Persons. The Constitutional Council, in its selection process, has ensured that the Chairperson and Commissioners represent a cross-section of society, with individuals who possess experience in human rights as activists, ex-public servants and professionals, as well as a family member of a missing person.

-Progress has been made in the drafting of new Counter Terrorism Legislation. We envisage a Counter Terrorism Act that conforms to human rights safeguards and other international standards and we expect the draft legislation to be gazetted for tabling in Parliament for consideration, once the established procedures including translation into local languages are completed, shortly.

The Cabinet of Ministers, on 6 March 2018, approved the formulation of legislation by the Legal Draftsman, for the establishment by law of an Office for Reparations. Once the draft legislation with translations into local languages is finalised, the draft Bill is expected to be gazetted shortly.

-For a country that has experienced conflict, that now seeks to take measures to forge reconciliation and ensure non-recurrence, Sri Lanka's accession on 13 December 2017 to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction (Ottawa Convention) and accession on 1 March 2018 to the Convention on Cluster Munitions are important steps. Demonstrating firm commitment to the implementation of the provisions of the Convention, Sri Lanka received from 4-7 March 2018, the Special Envoy on the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, Prince Mired Bin Ra'ad Al-Hussein.

-Sri Lanka has been and continues to engage actively with UN systems and procedures and across all agencies at all levels.

Sri Lanka received the Working Group on Arbitrary Detention for an official country visit from 4-15 December 2017.

In January 2018, Sri Lanka participated in the review on the implementation of the Convention on the Rights of the Child.

Moreover, Mr. President, amendments were brought to the Local Authorities Election Act and the Provincial Councils Election Act, ensuring a quota to elect female representatives to the Local Government and Provincial Councils which are important grass-root-level decision making bodies. At the recently concluded Local Government Elections held on 10 February 2018, the legislation ensuring 25% quota for women was implemented, securing a record number of women being elected.
-For the effective implementation of the National Human Rights Action Plan 2017-2021 which was shared with all delegations in November during Sri Lanka's review, a three-tier mechanism has now been established to regularly monitor progress being made by all the relevant line ministries and agencies, and to give necessary guidance and direction. All action points specified in the plan are being incorporated into the action plans of the relevant ministries and agencies.

The first tier, an inter-ministerial committee, is chaired by the Prime Minister and convenes every 6 months. The second tier, which is an officials committee, is convened by the Secretary to the Prime Minister every two months. This committee comprises of Secretaries to ministries. The third tier of the monitoring mechanism are ten sectoral committees at the level of ministries, namely, on civil and political rights - chaired by the Ministry of Justice; Torture - chaired by the Ministry of Law & Order; Women - chaired by the Ministry of Women and Child Affairs; Internally Displaced Persons - chaired by the Ministry of Resettlement; Rights of Children - chaired by the Ministry of Women and Child Affairs; and Persons with Disabilities - chaired by the Social Empowerment and Welfare Ministry. The Human Rights Commission of Sri Lanka is represented in the Officials Committee, and civil society representatives nominated by the Human Rights Commission are represented in all ten sectoral committees.

Mr. President,

This Council is aware of the recent incidents that took place in certain parts of my country targeting members of the Muslim community who represent an integral part of the pluralistic society of Sri Lanka.

These cowardly acts instigated by some organised groups and individuals who have no place in the democratic, pluralistic society of our country. Such acts go against our shared vision of a Sri Lanka where equal rights and rule of law are guaranteed for all. We are determined to take action against all perpetrators of these incidents in accordance with the due process of the law. Victim compensation processes have already commenced; and arrests have been made as well.

As a result of these incidents, Mr. President, where it was discovered that social media and messaging platforms were being used not only to incite and spread hate and false messages but also to organise attacks, the Government was compelled to impose temporary restrictions on the use of social media. All these restrictions have now been lifted. The Government as a result of this experience has now entered into active engagement with social media operators, particularly facebook, to work on the prevention of hate speech. The emergency regulations which the Government was compelled to impose on 06 March 2018 as a measure to protect communities were rescinded on 17 March 2018.

What was heartening Mr. President, amidst the disturbing incidents, were the acts of compassion of the peace-loving people of my country that came to each other's help, and the public calls for unity and peace and the denouncing of hatred and violence by key members of the community - the clergy, community leaders, sports personnel, artists, and musicians - cutting across ethnic and religious lines.
Mr. President,

We firmly recognise that the UPR should not be a mere three-and-a-half hour dialogue that takes place every four years. Therefore, with technical assistance from the OHCHR, we are already in the process of exploring the best possible mechanism to put in place locally, for regular reporting and follow-up of recommendations emanating from the UPR process as well as other processes including the treaty body reporting and follow-up process. We appreciate the assistance in this regard that the OHCHR has offered us.

Mr. President, Excellencies, Distinguished delegates,

Thank you for the opportunity to deliver these remarks. I look forward to listening to the views from the floor from all who will be speaking today.

The living and the disappeared: the unending battle for justice

BY NIRMANUSAN BALASUNDARAM-19 MARCH 2018

The signing of Memorandum of Understanding (MoU) between the Government of Sri Lanka (GoSL) and Liberation Tigers of Tamil Eelam (LTTE) in February 2002 engineered many prospects, promises and hopes about many burning issues. Among them, the fate of political prisoners, prisoners of war and the disappeared were also vital. They were not just limited within the political spectrum, rather it had untold and unheard stories of human suffering from all people affected by war, particularly from mothers, wives and sisters.

The war affected women and the families of the soldiers Missing in Action from the South journeyed to the NorthEast to meet with the LTTE in order to find out the fate of their loved ones. Vise versa, families of the political detainees and disappeared from the Northeast reached the south to find out the fate of their loved ones. Not all of the journeys, but some journeys garnered positive outcomes.

It was early 2003. An elderly mother came to the Jaffna office of the Human Rights Commission (HRC) of Sri Lanka. She was tired. She could not even walk properly. She asked for a glass of water to take her medications, which indicated that she had been unwell, but she was determined in her search to find out the fate of her son.

At that time, the Jaffna HRC had a name list of persons who were detained in prisons outside of the Northeast. She went through the list twice without lifting her head. She could not find the name of her son on that list. As a result, indeed, she was worried. She looked at me with disappointment and asked me if it was the only list available. After my response, she also asked me, if it was it OK for me go through the list on her behalf, just in case if she missed any names. I did, but unfortunately I could not give her the answer she had been searching for since May 1997.

“I went to several astrologers and all of them said he is alive. Even a parrot that came out from a cage and took a card that presented my son is alive. I know, he will come before my death. I wanted to cook and feed him all his favorite foods before my death,” the tearful mother told me before she left the office.

400 Days

Now 15 years on, the island experienced a new wave of enforced disappearances. Many disappeared immediately after the end of war in May 2009. According to the International Crisis Group, since 2009, “Tamil women in the north and east have led the national quest for truth and justice, particularly for enforced disappearances. It began informally, when mothers and wives went to military camps and stood by the roadside with pictures and placards searching for loved ones who had been detained or gone missing. In time, these women began to organise themselves at the village and district levels to visit detention centres and military camps and meet visiting political leaders about their loved ones.”

It will soon be nine years since the war came to an end, but confronting the past and encountering the future remains threatening.

Like many others, the Tamil women who led the search believed that with the regime change in Sri Lanka in January 2015, they would finally get answers, but their hopes went in vain.

Therefore, the families of the disappeared began peaceful protests in five places throughout the Northeast in early 2017, namely, Kilinochchi, Mullaitheevu, Trincomalle, Maruthankerny and Vavuniya. The protests are about to reach their 400th day. Eight elderly parents of the disappeared have passed away during the course of these peaceful protests. They just want to know what happened to their beloved sons and daughters, their husbands and wives and their grandchildren who have disappeared.

“We started this protest to hold the Sri Lankan Government accountable for its actions in the final phase of the civil war in 2008-9. After eight years we need the truth but the Government of Sri Lanka, which claims to believe in transitional justice, has ignored us, trampled on our feelings and shown us nothing but disrespect. Basic human dignity means we should be heard.” “We would like to spend at least a few days with our children before we die.”

The list of detainees

Due to death threats, intimidation and military surveillance, some key activists such as Balendran Jeyakumari and her teenage daughter no longer take part in any protests. Still, many families of the disappeared continue their struggle through resistance, persistence, audacity and determination.

Sri Lanka's President Maithripala Sirisena met with the families of the disappeared in June and November last year and promised to release a list of who were handed over to the military by the families at the end of the war in 2009. During the June meeting with Sri Lanka's President, families handed over a memo laying out five key demands: (1) releasing a list of all those who surrendered or were detained by the Sri Lankan armed forces during and after the war, particularly during the last phase; (2) releasing a list of all secret detention centres, their status and list of detainees; (3) releasing a list of all detainees held under the PTA and detainees held in detention centres; (4) releasing these lists to representatives from the families of the disappeared; and (5) releasing in public all reports by commissions appointed over the years to address the issue of disappearances and the Government’s response to those reports. To date, none of the demands have been heeded by the government, despite numerous public pledges.

In contrast, the Sri Lanka’s President has stated that there are no torture camps or secret detention centres, despite the United Nations Working Group on Enforced or Involuntary Disappearances confirming the existence of an “secret underground detention cum torture center”in Sri Lanka. Sri Lanka’s Prime Minister Ranil Wickrememsinghe, who also denies existence of any secret detention centres, stated that the disappeared “probably dead”. A year later, Wickrememsinghe said missing persons may have left the country illegally. The families of the disappeared are deeply disturbed by these statements. Even, the so-called “good governance” government could not even release the list of detainees. Due to a lack of confidence in the government, the families of the disappeared were compelled to seek support for their plea from a section of the international community. During the reign of the Rajapaksa government, war-affected Tamil women took great risks and provided testimonies to a section of the international community, particularly to the UN with the hope that it will help them to discover the fate of their loved ones. However, the international community’s ‘soft diplomacy’ approach to Sri Lanka has only served to allow the government to place issues of truth, justice and accountability on the backburner, said a joint civil society statement. The government failed to deliver its domestic as well as international commitments in relation to human rights and accountability. There has been no any strong action from the international community to put pressure on the government to act constructively.

In Operative Paragraph 12 of the UN Human Rights Council Resolution 30/1, the government committed to review and repeal the Prevention of Terrorism Act (PTA). This draconian law has directly led to widespread abduction, torture, disappearance and impunity. The GoSL words do not match their deeds. Except for rhetoric promises, the government has failed to deliver any significant progress either to repeal the PTA or to combat enforced disappearances, ongoing torture and end the prevailing culture of impunity.

For the families of the disappeared, particularly for the mothers, despite darkening clouds, there is a glimpse of hope that their sons and daughters are alive somewhere and they will return to home one day. Therefore, they continue to fight to find the truth. Through every protest, every picture or story of the disappeared, they keep their sons and daughters alive. Through the memories and hope, their struggle continues. Their struggle is not only to find out the fate of their loved ones, rather to prevent a recurrence of enforced disappearances on the island.

© JDS

Nirmanusan Balasundaram is an exiled journalist and a human rights defender. He holds an MA in Peace and Conflict Studies from the European University Center for Peace Studies in Austria.

omp is for reconciliation not to satisfy anyone else

2018-03-20

The Office on Missing Persons (OMP) is one of the main transitional justice mechanisms, the others being a truth commission, an office on reparations and a judicial mechanism to investigate allegations of violations and abuses of human rights. The OMP intends to promote justice and bring closure to those whose loved ones have gone missing. With the recent appointment of the Chairman and the members to the OMP, hopes are now anew that the truth will surface. In an interview with the Daily mirror its newly appointed Chairman, Saliya Pieris PC, who is a former member of the Human Rights Commission, stressed that the OMP is not a punitive mechanism, but a mechanism to find the whereabouts of loved ones who have gone missing and provide relief.

omp is for reconciliation not to satisfy anyone else.docx by Thavam on Scribd

How did no confidence motion torn apart by Mahinda get life again ! M.P. post for Derana !!

-Dunusinghe’s weekend inside report

(Lanka-e-News - 19.March.2018, 9.20PM) The writer of this article revealed in an earlier report, because the Basil Rajapakse group was in disfavor of the no confidence motion against Ranil Wickremesinghe , that will not materialize. Following this report there erupted a cold war between Gota and Basil. Both of them had fought via the phone each blaming the other over how the information seeped out to the media.

Currently signatures are being collected for this motion , and is to be presented to the speaker on the 20 th or 21 st of March ,the Joint Opposition said ,while on the 17 th Mahinda Rajapakse revealed that he and his party leaders shall be signing it. The question therefore is , how did the no confidence motion of Sirisena which was torn apart by Mahinda get life again?

As was revealed by the writer , so the Kandy communal terrorism targeting Muslims was the outcome of the decision taken by the special committee of ‘kitchen cabinet’ of Sirisena. The special committee was comprised of Gota ,Wimal , Dallas , Rathane sadhu and Shiral Lakthileke , the notorious devil incarnates who can never think of anything for the general good of the country except in terms of their own self propulsion driven by their crooked and sinister agendas.

No wonder satanic Sangha underworld leader Gnanassara and sangha underworld members like Angpitiye Sumana are celebrating having mirth and merriment at the expense of the victims because of the devil incarnates.

After a planned water cut for the areas the anti Muslim racists launched the attack , and when the attack was completed , the Sirisena-Gota group rose triumphantly defeating the Basil group. While the racial violence was raging , it was Wimal and Gota who were in charge of the media manipulations.

Instructions were received by Reno Silva of ‘Hiru ’ media channel , and ‘Derana’ media chain to portray the anti Muslim attack as a result of a sudden provocation , and it is the Muslims who were in the wrong. Those instructions were issued by Gota. ‘Sir ,tell anything and that will be done, but hereafter do not summon us to meetings’ Dilith Jayaweera had pleaded amidst Gota’s orders. ‘Okay , okay , Dilith. In fact I am also sorry about what happened the other day. Don’t you know about our people . Anyway come and see me personally when you have free time,’ Gota had comforted Dilith.

It was Wimal who spoke to Bulitha Pradeepkumara of ‘Divaina’ newspaper .’ Aiyya don’t worry our editorial decided to support you all. Basil’s goods are also with us. We shall discard those’ Bulitha at the other end has assured. Bulitha’ s reply exceeded Wimal’s expectations.

It is a well known fact Bulitha despite wearing clothes did the sordid biddings of Mahinda in the past to an extent even more than what a straying shameless naked bull would descend to. Wimal ‘s instructions were , ‘Malli collect all those and keep . Those are not needed now. When the time is ripe we shall tell.’

In keeping with that promise the Divaina when publishing the live interview of Sirisena pertaining to the ruthless attack revealed, though the attack on Amparai was premeditated , that at Kandy was not. The president making these comments even before the police investigations had begun is a matter for rude shock. Siirisena was that sure , to deny even the preplanned water cut in those areas and unashamedly say it wasn’t planned.

The parliament mania of Kili’s Sirasa infected the Derana of Dilith too.

Following the racial holocaust in Kandy to their satisfaction , the’kitchen cabinet’ of Sirisena met to discuss the no confidence motion. ‘Look , how businessmen are . Recently Dilith came to meet me. He is telling he will extend the fullest support. But he wants a seat at the next elections in Colombo’ Gota revealed with a hearty laugh. When the audience questioned ‘ whether it is for Dilith?’ , Gota replied ’No , no , It is either Sanka Amararatne or Chatura Alwis who he will be putting forward’ . ‘That may be good anyway because Sanka is a lawyer and it will be advantageous.’

When Wimal said , ‘we shall give them one seat , ‘ many started laughing while saying’ Wimal is trying to cut Dinesh from under his feet. ‘

Finally the ‘kitchen cabinet’ decided that Mahinda be requested to bring together the alliance , and for the no confidence motion against Ranil , the Basil group shall somehow be won over.

It is on this account , the Alliance met at Colombo residence of Mahinda on the 14 th. Wimal arrived with a brief case which he does not usually carry. Mahinda who saw him asked ’ what Wimal you are coming after going to courts?’ As the discussion heated up , Mahinda said , ‘now Wimal’s website has started slamming me’ . ‘No , no we were only issuing a warning. Last time you sought presidential elections heeding Jayasundara’s advice despite our advice to the contrary and you know what happened finally. That is why we warned since that mistake can be made again,’ Wimal asserted.

Mahinda’s googly for Gota – Basil rift…

The discussion on the no confidence motion dragged on for a long time because the cooperation of Basil’s group was not there. Mahinda suddenly in the midst of it exclaimed ‘ now you all have captured all our media too’, to which the Gota’s group only laughed without giving an answer.

In the end Basil’s group agreed with the no confidence motion subject to two conditions. That is , Mahinda should not sign it , and in the event of no confidence motion turning successful and the government is defeated, the P.M. post shall be allocated to the Gota group.

Because the Gota group agreed with the conditions , Mahinda consented to tell the media the no confidence motion will be steered forward.

In any case Basil strongly believed heeding Jayasundara’s advice , the government shall not be taken over at this moment, and the no confidence motion shall be defeated even at the last moment. Basil speaking on the no confidence motion, therefore disclosed to the media ‘ it is a parliamentary affair . Hence we are expecting that too.’ However when answering the next question of the journalists , he revealed without paying much attention , ‘I think that is being brought against the P.M. as well as the government ,‘ before leaving.

Presidential media unit challenged…

While the Alliance was making the preparations for the no confidence motion , president Maithripala went to Japan with the Sangha underworld despicable leader Gnanassara the notorious dipsomaniac .

Interestingly it was the members of Basil group who were mainly contributory to the publication of this article. Answering our queries referring to the junket they said , ‘Gnanassara flew directly from Colombo to Japan , whereas Sirisena went to Japan after visiting India. That is the only difference ’

The presidential media issuing a communiqué insisted that Gnanassara was not in the president’s delegation. If that is so we challenge the presidential media division to reveal the names of the others who were in the delegation.

Moreover , then how could Gnanassara took part in the discussions without president’s concurrence? Obviously that alone proves Gnanassara was in the delegation of the president.’

It is to be noted a no confidence motion cannot be tabled only to oust the P.M. It can only be against the entire government. Following the success of a no confidence motion , the P.M. alone will not change , it will be the entire cabinet that will be defeated.

Besides , to table a no confidence motion , so many signatures are not necessary. A single M.P.’s charges would suffice. The power of the party to steer it successfully becomes essential only when the government and opposition parties are voting in respect of the motion after the debate .Hence , the collection of signatures by Sirisenas and Mahinda Rajapakses now are only a display of the uncertainty they have regarding their own powers.