Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Monday, April 9, 2018

Muslims In Sri Lanka: A new strategy for engagement


SORAYA DEEN- 
Scores of Muslim mosques, homes and businesses were destroyed as mobs ran amok for three days in Kandy. Thousands of Muslims are disillusioned and uncertain about their safety and security for the future. Well-meaning majority Buddhists have made fresh pledges and called on the government to investigate the violence. As this is being investigated and persons of interest apprehended, fresh revelations emerge every day. This article is not about what went wrong but about what needs to be done.

I was in Sri Lanka when the news of the racial riots in the district of Kandy broke. The magnitude of the attacks came as a shock. Needless to say that this shattered my sense of safety and security. I was in Kandy, miles from Digana and Teldeniya, engulfed in uncertainty as I heard firsthand how family and friend’s homes, and businesses were destroyed. The curfew clamped down on both the city and my mind.

I feverishly scanned many news sources, all the while hoping that this was only a stray incident of road rage between two parties. As the news evolved to encompass the tragic loss of lives, the destruction to property belonging to Muslims, the burning of their homes, all within easy distance, in the city I call home, I sank into a state of despair and sadness. Memories of 1983 were not too far.
Amidst sadness a deeper sense of the reality of the situation dawned on me. We know the perpetrators, they were given labels; extremists, nationalists, a mob of Sinhala Buddhists.  How despicable and inhuman, I thought, for a group of people to wilfully fail to see the humanity in another? Homes burned, mosques torched, businesses destroyed, women and children running for shelter and safety, men frozen in anger and despair, unable to protect their families, their livelihoods ruined and robbed. We must stand in deep solidarity with every person affected by this senseless attack. We must also stand in gratitude to the millions more who have expressed nothing less than love, concern and support to the Muslim community.

PEW Research Centre forum several years ago established that 76% of the world’s population is denied of religious freedom. Attending a conference in the recent past, I was appalled to hear the speaker repeatedly call out Sri Lanka as one of the countries that persecuted religious minorities. Sri Lanka is at a grave crossroads, where communication, connection, and collaboration among majority Buddhists and the minority Muslims in Sri Lanka are at an all-time low. Where there was trust we see mistrust. Where there was understanding, now there is fear; and where there was love, there has been hate brewing for some time now.

Let us identify the crime. It is nothing short of a racist and religious attack targeting the Muslims, without any regard for the innocence and or guilt of that group. It was reprehensible and abhorrent; an ugly display by a violent mob of Buddhist supremacy and Buddhist privilege.  What fear, anger, ill will and greed motivated this mob?

Did the Sinhala Buddhist nationalists exploit global trends in blaming and shaming Muslims for all terror? Were these attacks a sequel to the accusations that Muslim restaurants are lacing food with pills causing permanent infertility in Ampara? What truth in the claims by the Muslims that the Sinhala nationalists often harass them for their business and economic successes? Or was it simply ugly racist and divisive politics calibrating for power?

As an expert in the field of conflict resolution and reconciliation, one of the first things I always recommend is to look within; the answers are there. So I began to ask the question, what did we as the Muslim community fail to do right? Where are we continuing to fall short as Sri Lankans?
Where racists put down, build something up

If Ampara, Digana, Teldeniya has not woken us up nothing else will.

Are you sleeping through this violence and vitriol? What Sri Lanka needs and will benefit from is a courageous, response from you. American political activist Angela Davis says, “I am no longer accepting the things I cannot change. I am changing the things I cannot accept.”

What are you going to change?

Some would say, “We did nothing. It is the people who hurt us who need to atone.” Yes to that. If you choose to be where you are, you can be where you are, but remember you can’t be the same. From supporting strong like-minded political movements to enhancing civic and social engagement, we must know that our time is now. We need some radical rethinking, activism and leadership. Be very clear in knowing that the riots are the latest seeds being sowed of rising Buddhist nationalism and anti-Muslim sentiment in Sri Lanka. Is this the beginning or the end of a new beginning? This is a question you must be vigilant to ask and answer.

The outward display of piety

Sri Lankan Muslims and moderate Muslims all over the world are experiencing a crisis in faith. There are no counter-Islamism movements focusing on the threat of the puritan version of Islam. I questioned the rapid disintegration of the Muslim communities, particularly the Muslim women from the mainstream in Sri Lanka, and the enforcement of the veil, niqab and the burqa. This in addition to the relentless questions from my non-Muslim friends and associates about the acquiescence of the Sri Lankan Muslim identity by local Muslims to one that of Arab identity.

I am a strong advocate and proponent of freedoms, upholding freedom of thought, dress and expression. Freedom I believe must stand for something greater than just the right to act or simply to do what one pleases. What about social context? Human interactions? Communication and connection? I am not for a moment suggesting that how Muslim women wear merits racial and religious attacks on them, nor am I suggesting that a burqa can take down a country. However, it is capable of increasing mistrust among other communities.

R. Ambedkar, popularly known as Baba Saheb, an Indian jurist, economist, politician and social reformer once said, “As a consequence of the purdah system a segregation of the Muslim women is brought about. She cannot go even to the mosque to pray and must wear burqa (veil) whenever she goes out…Such seclusion cannot but have its deteriorating effects upon the physical constitution of Muslim women.” His chilling conclusion might speak to an aspect of the deteriorating relationships between Sinhalese and Muslims, “the evil consequences of purdah are not confined to the Muslim community only. It is responsible for the social segregation of Hindus from Muslims which is the bane of the public life in India.”

I must also stress here that not all Muslim women support this dress. Many Muslims who oppose the niqab and burqa themselves have asked me to address this issue.

How many of the women in Sri Lanka are induced, forced or influenced to wear the burqa and niqab? Of the many women I spoke to in the Burqa, almost everyone were taking special Bayan classes, learning Dawa, and they said they were influenced by the preacher who tells  them that a woman must cover her body and her body is to be admired only by her husband.  There is ample proof that youth are being radicalised by listening to the sermons of extremists’ clerics and some ideological Muslims. Indeed women seem to be also.

Elections Commission Chairman Mahinda Deshapriya, at a workshop on ethnic harmony on the theme, “building bridges” held at SLIDA a few days, ago referring to the attacks in Ampara and Digana observed, “The claim that a majority of Sinhalese were against the recent attacks on Muslims is wrong. Embracing some aspects of Arab culture by Muslims in Sri Lanka is fanning fires of distrust while Muslim girls were being further and further pushed into an insulated society since they had been compelled to go to the mushrooming small international schools run by Muslims, as they have no schools to attend.”

You might not agree with this, but these are the facts on the ground. I spoke to hundreds of people who expressed the same concern and caution.

I list below three things Muslim must and can implement immediately.

Escalate interfaith partnerships

Religious allyship is necessary to combat the racial and religiously motivated hate crimes facing the Muslim. We can’t afford to wait until tragedy strikes to reach out to the community. We must build those friendships during peaceful times. Reshaping relationships and establishing a mechanism to respond to violence might be a great place to start.

Our mosques should be open to any and every one. We must build mutually beneficial partnerships, founded on community building activities and initiatives. Civic organisations, government agencies, foundations, academia, businesses and interfaith organisations engaged in promoting safety and empathy for the Muslims can effectively understand the effects of attacks perpetrated by fringe groups on the broader community and are hence in a powerful position to stop and thwart any such racial and religiously motivated attacks.

The great mosque at Cordoba,  which eventually became the third largest mosque in the world, was a thriving cultural and intellectual centre. It was a centre for learning that attracted scholars and artists of many faiths. Non-Muslims played an important part in the intellectual life of Cordoba. Particularly Jewish scholars, philosophers, poets and scientists flourished in Cordoba. It was during this time that a true and lasting commitments to preserve intellect through and across lines of faith took root. When we forbid our own women from entering the mosques, we will find it hard to invite the kafir (non-believer).  It is time to change the tide, from all fronts.

Strong visionary leadership

We can’t afford to forget that we are indeed dealing with pressure from outside of our religion, but we are also dealing with anti-modernity trends within it. The world cannot be left out of our mosques and communities. We as a community have a responsibility to respond effectively to challenges and so is there a pastoral responsibility from the mosques to respond to tragic events as this.

Our mosques need strong visionary leadership and vibrant followers. Theological preaching alone and our inability to build strong, sustainable social movements is a precursor for future attacks. The mosques much preach and teach secular values like co-existence, compassion, national unity, nonviolence, interfaith/theological education. Not seek to establish different laws to different people, and respecting the law of the land.

Never has there been a greater pressure upon us to wear the badge of patriotism, integration and peace.

Engaging and empowering women in leadership

Muslims staunchly proclaim 7th century rights for 21st century women. We must move beyond a received theology to a more progressive and functional theology, understanding the tradition of the times when the Quran was written.
Shamefully, Muslim scholars even in the West who ride planes and drive cars, who work and mingle with women are looking for hidden wisdom in scripture to determine eligibility of women to be leaders in the mosques and communities. It is not a secret that even as we debate these issues of participation and partnerships, a group advocating for Muslim reform vehemently oppose women being judges and want to lower the legal age of marriage for young girls.

Mosques and religious scholars must establish a robust program in the masjids to encourage discussion and debate, openly declaring and accepting that some of the teachings in the Quran are not relevant and cannot be applied to face current challenges. In ‘The Epistemology of Truth in Modern Islam’, Dr. Khaled Abou El Fadl states, “There is a serious problem with arguing that God intended to lock the epistemology of the 7th century into the immutable text of the Qur’an, and then intended to hold Muslims hostage to this epistemological framework for all ages to come. Among other things, this would limit the dynamism and effectiveness of divine text because the Qur’an would be forever locked within a knowledge paradigm that is very difficult to retrieve or re-create.”

In the 7th century, Muslim women had unprecedented rights, which had now declined. Our cultures are not affirming of women’s rights, and mostly affirming of ignorance and patriarchy. Every person has inalienable fundamental rights and it will be a travesty of justice if people interpreting our religion fail to recognise that. Dealing with gender equality must become our work, and not god’s.
Today more than ever, we must be willing to disrupt Islam’s received theology. If we don’t, we will have many who will leave the faith and many who will undermine the faith. We will finally be left with a fringe minority of conservative fundamentalist Islamists who will hang onto every thread of the literal interpretation of the Quran.

Let’s question every answer. If Islam is strong, its truth cannot be diluted or compromised.
Let’s abandon the habitual Muslim responses of making a statement in Parliament, asking for a commission to be appointed, declare prayers for the victims, and wait for our politicians to visit the towns and villages. Prayers, vigils, statements, are all necessary and needed. But more is needed to happen. Sri Lankan Muslims are in a battlefield, and bandages won’t work.

Let’s move from our low expectations of responses of the Muslim community and leaders, by getting out of our own way.

We must not forget that we live in a world where the impact of religion and religious freedom in personal, national, and geopolitical affairs is getting stronger. When coupled with extreme nationalism and fundamentalism, we see an ugly side of humanity that is embroiled in radicalisation, hate, violence, and bigotry. From America to Afghanistan, Sri Lanka to Saudi Arabia, India to Indonesia, we see the divisive impact of religion. Perhaps R. R. Palmer (1793) was right when he said that, “The wars of kings were over; the wars of peoples had begun.”

Buddhists and Muslims must take full and equal responsibility to promote unity and harmony between the communities. Religion must be safeguarded as a human right. Both of the communities must address extreme nationalism, radicalism, and fundamentalism.
We all have work to do.

Two Army Corporals arrested over Kandy violence

Two Army Corporals arrested over Kandy violence

logoBy Yusuf Ariff-April 9, 2018  

Police Spokesman SP Ruwan Gunasekara said that two Army Corporals have been arrested in connection with the recent violence in Poojapitiya, Kandy.

The two Corporals who are currently serving in the Sri Lanka Army have been arrested by the Terrorist Investigation Division (TID).

They are accused of allegedly damaging religious places of worship during the recent communal violence in Kandy.

Several suspects including a former army soldier have been arrested in connection with the incidents of violence.

The suspects including one of the main instigators Amith Jeewan Weerasinghe are currently in remand custody over the attacks.

Meanwhile a recently-elected SLPP member of the Kundasale Pradeshiya Sabha was also arrested by the TID on March 28 for causing damages to businesses and places of religious worship at Digana, Kandy. 

FAKE NEWS & MEDIA CONTROL: THE TRAGEDY OF AN IRONY – A.S. PANNEERSELVAN

Two related developments indicating a need to control the media show that the trust factor in the government is vitiated.

Sri Lanka Brief09/04/2018


It was an irony that did not generate mirth but fear. The Union Minister of Information and Broadcasting (I&B), Smriti Irani, who took up the task of confronting “fake news” through an ill-conceived notification, herself believed false information that a former Chief Election Commissioner had died. She offered her condolences in a tweet that read: “Om Shanti”. This false information was doing the rounds on social media for nearly a week despite being debunked. It is unfortunate that the I&B Minister did not realise the importance of the mainstream media, for had a former Chief Election Commissioner passed away, it would have been front-page news. And herein lies the fear.

 A lesson from Ibsen

The regulatory framework for the media is not a simple manual of dos and don’ts. It is rather complex and tries to balance free speech and accountability without taking away the ability to question those in power. The basic emphasis in media laws and regulation is on creating an enabling environment to work without fear or intimidation. Reasonable restrictions are only a corollary to the enabling environment. It would be disastrous if restrictions were to take precedence over the enabling environment.

It would be mutually beneficial to the government and the media to read Henrik Ibsen’s play, An Enemy of the People, as well as these lines from Peer Gynt: “To live, is to war with trolls in heart and soul. To write, is to sit in judgement on oneself.” Unlike Ibsen’s time, the trolls now have moved to social media, while a majority of those who write for mainstream media sit in judgment on themselves. Trust and credibility are essential to be an arbitrator in cases involving the media. Some recent decisions taken by the Press Council of India (PCI) have put its ability to be a non-partisan player under the radar.

The Editors Guild of India, which had strongly condemned the I&B Ministry’s guidelines to penalise any journalist or media organisation publishing “fake news”, was deeply disturbed that “faith continues to be reposed on the Press Council of India to deliver justice on such issues.” The Guild was right to assume that the notification would have opened the door for frivolous complaints against journalists and news organisations. It did not view the move as a fair regulatory mechanism but as an arbitrary excess to arrogate to the Ministry the role of policing the media. But why are senior media players sceptical about the present PCI composition?

 Composition of the Press Council

The PCI comprises 28 members — six editors; seven senior journalists; six media managers; one representative from a news agency; one nominee each from the Bar Council of India, the University Grants Commission, and the Sahitya Akademi; three members of the Lok Sabha and two members of the Rajya Sabha. However, the present PCI Chairman, Justice C.K. Prasad, rejected the nominees from journalist bodies citing technical reasons, thereby undermining its basic structure.

The Guild’s statement read: “The reconstitution of the Press Council of India has been done in a manner that gives rise to doubts over the independence of the institution and its ability to play neutral umpire. The Guild’s nominees to the Council were disallowed on technical grounds. Also, the recent reconstitution of the Central Press Accreditation Committee has raised questions over the non-transparent processes being followed by the I&B Ministry as the Guild’s application was ignored.”
Not just the Editors Guild, associations of the print media too have expressed grave concern over the procedure followed by the PCI Chairman while reconstituting the 13th PCI. In a statement following a joint meeting of representatives of working journalists, editors and owners of the media, they said:

“The Chairman overlooked precedence and adopted a process to keep out certain media associations and candidates. The Chairman has called a meeting of the reconstituted Press Council with only eight members — five MPs and three official nominees, out of 28 members, leaving out the rest of the representatives of the print media organisations as their names are yet to be notified and the Press Council reconstitution is still under way.” Though the Delhi High Court has stayed the nomination process, the trust factor in the government is seriously vitiated.

readerseditor@thehindu.co.in / The Hindu

Now that CB has done its job, RW & Harsha should pick up the ball & play the game



Partial and cautious relaxation of monetary policy

 Monday, 9 April 2018 

logoThe Central Bank in its second monetary policy review in 2018, released last week, has cautiously and partially relaxed the tight policy package it had introduced earlier when inflation was rearing its ugly head causing chaos to investment initiatives in the country (available at: https://www.cbsl.gov.lk/sites/default/files/cbslweb_documents/press/pr/press_20180404_Monetary_Policy_Review_No_2_2018_e_U45p3.pdf).

Accordingly, it has reduced the interest rate which it charges when cash-short commercial banks borrow from it to meet temporary cash shortages – known as Standing Lending Facility – by a quarter of a percent from 8.75% to 8.50%.

Geneva 2018 and its aftermath


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By Neville Ladduwahetty- 

Sri Lanka’s Foreign Minister Tilak Marapana opened his address to the UN Human Rights Council at the 37th Secession by referring to a section from President Sirisena’s 100 Day Programme; he stress, inter alia: "… the government’s firm commitment to the advancement of reconciliation, the rule of law, good governance, human rights, justice, equality, and dignity for all our citizens …" He concluded his address, stating: "Sri Lanka’s judiciary and law enforcement mechanisms are fully capable and committed to the processes of advancing justice to all concerned. It has a long history of integrity and professionalism and since January 2015, steps have been taken to further strengthen its independence. And may I add, Mr. President that all reconciliation mechanisms will be implemented in accordance with our Constitution".

In view of the fact that the Sri Lanka government had co-sponsored UNHRC Resolution 30/1 in 2015, and that in 2018 it states that "all reconciliation mechanisms will be implemented in accordance with our constitution", is a paradigm shift, the consequences of which reflect a bold and dignified stand that hitherto Sri Lanka has not taken much to the disappointment of the overwhelming majority of the Sri Lankan nation. Although warnings were given earlier to the effect that the implementation of certain provisions in the resolution would entail revisions to the constitution, no attempt was made by this government to say so directly at the UN Human Rights Council sessions until 2018. What it means is that either the constitution has to be revised to accommodate the provisions of Resolution 30/1, or in the alternative the resolution has to be revised in a manner that does not contradict Sri Lanka’s constitution.

ESTABLISHING the CONTEXT

Not only is Sri Lanka required to address issues relating to UNHRC Resolution 30/1 within the provisions of its constitution, but it is also required as a signatory to abide by provisions contained in international instruments such as the four Geneva Conventions. In addition, since Article 13 (6) para 2 of Sri Lanka’s constitution also recognizes "general principles of law recognized by the community of nations", Sri Lanka is obligated to abide by provisions in international instruments irrespective of whether Sri Lanka is a signatory or not to such instruments. Therefore, the context in which UNHRC Resolution 30/1 should be evaluated should be within the framework of both the Sri Lanka constitution and laws recognized by the community of nations.

It therefore follows that Sri Lanka is constitutionally entitled to address all issues relating to Resolution 30/1 in terms of Common Article 3 of the four Geneva Conventions of 1949, and more specifically to provisions of Protocol Additional to the Geneva Conventions of August 1949, relating to the protection of victims of non-international armed conflict of June 1977, since it is accepted by the community of nations as an integral part of customary law.

Paragraphs 182 and 183 of the OISL Report by the Office of the UN High Commission confirm the approach cited above.

Paragraph 182 states: "Article 3 common to the four Geneva Conventions relating to conflicts not of an international character is applicable to the situation in Sri Lanka, with all parties to the conflict being bound to respect guarantees pertaining to the treatment of civilians and persons hors de combat contained therein…." (N.B. "all parties to the conflict").

Paragraph 183 states: "In addition, the Government and armed groups that are parties to the conflict are bound alike by the relevant rules of customary international law applicable to non-international armed conflict".

In view of the background established above, the material presented below is an evaluation of the provisions of Resolution 30/1in terms of provisions in "PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (PROTOCOL II) (with Final Act of the Diplomatic Conference on the reaffirmation and development of international humanitarian law applicable in armed conflict dated 10 June 1977 and resolutions adopted at the fourth session). Adopted at Geneva on 8 June 1977.

PART 1. SCOPE OF THE PROTOCOL

Article 1: MATERIAL FIELD OF APPLICATION. "This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of August 12 1949 … shall apply to all armed conflicts…which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol".

COMMENT: Since the LTTE operated as an armed group under responsible command and exercised control over a part of Sri Lanka’s territory to the extent that such territories were designated "LTTE controlled areas" in the Cease Fire Agreement facilitated by Norway, from which it carried sustained and concerted military operations, the conflict in Sri Lanka should justifiably be designated as a non-international "ARMED CONFLICT".

Article 3: NON- INTERVENTION. 1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State".

2. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs".

COMMENT: The following examples illustrate the degree of direct and indirect intervention in the internal affairs relating to issues associated with the armed conflict in Sri Lanka :

(a) "…implementing measures for truth-seeking, justice, reparations and guarantees of non-recurrence…"

(b) "…Sri Lanka to establish a judicial mechanism with special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable…"

(c) "…Sri Lanka to introduce effective security sector reforms…"

(d) "…Sri Lanka to `accelerate the return of land…in particular the ending of military involvement in civilian activities…"

(e) "…Sri Lanka to review the Public Security Ordinance…"

(f) "…Sri Lanka to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearances…"

(g) "…Sri Lanka to establish an Office of Missing Persons and an office for reparations…".

(h) ‘…to fulfill its commitment on the devolution of political authority and to ensure that all Provincial Councils are able to operate effectively…".

PART II. HUMANE TREATMENT

Article 4. FUNDAMENTAL GUARANTEES. Article 4 (2) lists all the violations that are prohibited under international humanitarian law. They range from violence to life; to collective punishment; to taking of hostages; to acts of terrorism; outrages upon personal dignity, rape, enforced prostitution; to slavery and slave trade; to pillage.

Article 4 (3) deals with issues relating to children.

Article 5. PERSONS WHOSE LIBERTY HAS BEEN RESTRICTED. 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained:

Article 6: PENAL PROSECUTION. 1. "This Article applies to the prosecution and punishment of criminal offences related to the armed conflict".

2 (a) "The prosecutor shall provide for an accused to be informed without delay of the particulars of the alleged offence against him and shall afford the accused before and during his trial all necessary rights and means of defence";

2 (b) "No one shall be convicted of an offence except on the basis of individual penal responsibility";

2 (d) "Anyone charged with an offence is presumed innocent until proved guilty according to law";

2 (e) "Anyone charged with an offence shall have the right to be tried in his presence;

2 (f) "no one shall be compelled to testify against himself or to confess guilt;

COMMENT. In view of the provisions cited above there is absolutely no need for a judicial mechanism with the participation of foreign judges, prosecutors etc. etc as called in paragraph 6 of Resolution 30/1, because the procedures cited above are not only known to the legal institutions functioning in Sri Lanka but also are familiar with them as stated by the Foreign Minister during his address. Furthermore, the fact that no one guilty of any of the violations listed in Article 4 of Additional Protocol II has been informed "without delay", coupled with the fact that no one has thus far been charged of any specific offence and therefore are presumed innocent until proven guilty, makes the entire accountability exercise a futile undertaking. Additionally, the need for anyone charged with an offence to be tried in his presence makes Universal Jurisdiction a mere threat without foundation.

PART IV. CIVILIAN POPULATION

Article 18. RELIEF SOCIETIES AND RELIEF ACTIONS

Paragraph 2 of Article 18 states: "If the civilian population is suffering undue hardships owing to a lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned".

COMMENT. Since per above, the Government of Sri Lanka was not responsible for any relief actions by way of foodstuffs and medical supplies, the charge against the Government of Sri Lanka that it failed to meet its obligations in this regard is baseless and provide grounds for rejection. However, while such responsibilities are with relief societies, the fact is that the government went out of its way to provide relief measure. These actions should be recognized, appreciated and given credit without leveling charges that shortfalls were deliberate. Such perceptions reflect ignorance of international humanitarian law.

CONCLUSION

With the conclusion of hostilities relating to the armed conflict in May 2009, the UNHRC progressively introduced resolution after resolution starting in 2012 until its scope progressively expanded to Resolution 30/1. Over the years individuals have advocated that issues relating to the armed conflict should be addressed in terms of provisions of international humanitarian law but to no avail, due to flawed perspectives of successive governments. However, for the first time the government delegation headed by Foreign Minister Hon. Tilak Marapana has taken a bold and courageous step that hitherto had not been taken by the Foreign Ministry and informed the Human Rights Council "…that all reconciliation mechanisms will be implemented in accordance with our Constitution". Considering the stands taken by the Foreign Ministry since 2012 until 2015 when it went to the extent of co-sponsoring UNHRC resolution 30/1, the stand taken in 2018 is a paradigm shift that gives Sri Lanka the opportunity to address issues relating to Resolution 30/1 with dignity if it so chooses.

The material presented above if adopted by the government would enable it to address issues relating to Resolution 30/1 in a forthright manner. Since the Foreign Ministry is unlikely to take such an approach judging from its tradition of treading so softly that it stumbles in the process, it has been left to members of civil society to fill the void and bring the facts to the attention of the Human Rights Council.

These facts are:

1. That Resolution 30/1violates several provisions of "non-intervention directly or indirectly in internal affairs" of a sovereign member State as called for in Additional Protocol II relating to issues listed above.

2. The Resolution 30/1’s call for judicial mechanisms to investigate alleged violations of human rights and humanitarian law, contradicts the applicable law which should be as per provisions relating to "Penal Prosecution" stated in Additional Protocol II.

Therefore the appeal to the Human Rights Council and its affiliated bodies is that the materials presented above should be reviewed, and for the resolution to be withdrawn since it is in violation of international customary law.

The material presented above is based on a legal approach to address issues relating to Geneva. Despite such an approach being consistently advocated, Sri Lanka’s approach has been political; an approach that has impacted seriously on Sri Lanka’s sovereignty as demonstrated above. Therefore, emboldened by the stand taken by the Foreign Minister at the conclusion of his 2018 address in Geneva Sri Lanka should address the issues relating to Geneva from a legal perspective and call on the Human Rights Council to withdraw Resolution 30/1and re-visit the stand taken regarding Sri Lanka.

Neville Ladduwahetty

April 8, 2018.

The last chance for the UNP

Sri Lanka is making another first in the world. This is the only government on the whole planet, of which the ministers and MPs who voted for a no confidence motion against its own prime minister, and by extension the government, can stick to their portfolios after the vote was defeated. Anywhere else they would have resigned, or got sacked, but not here. In that sense this is no longer a government, but a farce.  
2018-04-10

Sixteen SLFP MPs including six ministers voted for the no-confidence motion against Prime Minister Ranil Wickremesinghe. It is their right to exercise their constitutional mandate as they wished. But it is also their moral responsibility to get out of the government. Instead they claim they will ‘hang on’. They are shameless creatures, and they make one question the whole logic of electoral democracy if this is what it is supposed to be. 
  
Last week a UNP delegation met with the president to demand that the renegade SLFP ministers be removed from their portfolios. The president responded that he could not do that. Why he cannot may be because they were acting with his blessing. He in fact told a group of SLFP Ministers and MPs who met him after their abortive bid, that they did the right thing by voting for the No Confidence motion. The president’s lopsided logic is that sacking the turncoat SLFPers would weaken the party. And by keeping them, he is weakening the government, which he himself has been trying to undermine since the end of the local government elections.  
He is making the same flawed calculation that Mr Wickremesinghe did about motives of the Rajapaksa loyalists. The Prime Minister did that because he is delusional, the president does so out of desperation.
The president is in an unenviable position, and he was placed there by more than anything else, due to UNP’s own scheming and incompetence that undermined the anti-corruption campaign. The president had time until the recently concluded local government election to force to the wall his nemesis of the SLFP, many of them have skeletons, some literally in their closets and stolen money in foreign accounts. The UNP squandered that opportunity. In that way, the president is right to be angry. Now rather than fighting off the crooks, the president has decided to join them. He is making the same flawed calculation that Mr Wickremesinghe did about motives of the Rajapaksa loyalists. The Prime Minister did that because he is delusional, the president does so out of desperation. Either way, the both are doomed to fail. Mr Rajapaksa and his goons are street smart and far more cunning than either of them can imagine. They are also hungry for power, and know how to get it. That is by reviving the ugliness of raw insecurities of the Sri Lankan electorate. Sri Lanka’s voters have gradually enlightened themselves over decades, but there are social, economic and cultural factors that obscure the process. After all, if Donald Trump can turn a sizable portion of the American voters into zombies, doing that in Sri Lanka, is a cakewalk . When president tells the UNP not to rely on the TNA votes to defend itself, ironically for a man who won the presidency thanks to the overwhelming minority votes, he betrays that lowliness.  

By siding with the Joint Opposition, the president is expediting this generative trend. Sooner or later, he will be eaten by his own lot. He seems to prioritize the interests of the SLFP over the country. But, unfortunately, SLFP that he envisages is no longer a viable entity. It came at a distant third winning barely 13 per cent in the last election and will soon be taken over by the Rajapaksa cohort. The President’s opportunity to consolidate his hold in the party is gone, unless he opts to do something very drastic  and perhaps not democratic to take back the control.    
Sixteen SLFP MPs including six ministers voted for the no-confidence motion against Prime Minister Ranil Wickremesinghe. It is their right to exercise their constitutional mandate as they wished
The UNP still has a slim window of opportunity not to lose the next election. The first step is to form a new government with the help of the SLFP MPs who voted against the No-Confidence motion. They did so because they have reservations about the return of the Rajapaksas. A new government would provide political stability and cohesion for the next two years.  
Second is to have a practical program to roll back the political wave of the Joint Opposition. As long as the UNP keeps vacillating on anti-corruption investigations, and probes such as the Welikada prison massacre, the patrons of the JO do not have anything to worry. If these investigations are deadlocked due to institutional lethargy, the government should appoint assertive individuals who can kick them into action.  

Third is the internal reforms of the UNP. They may be gentlemen, but they do not have public appeal, and are detached from the grassroots. Perhaps the unintended positive contribution of the No-Confidence motion was that it hastened the need for party reforms and strengthened the position of those who have been calling for them for too long.  
If Donald Trump can turn a sizable portion of the American voters into zombies, doing that in Sri Lanka, is a cakewalk
Fourth is economy. The government cannot expect the market forces to do everything. In countries of our economic development levels, the state plays the role of the catalyst in economic modernization. But that is not possible when the government keeps sending contradictory signals to investors and a minority of demonstrators could block the public traffic at will, the latest in Katunayake , last week. That is not democracy. That is anarchy. In democracies, causing deliberate public inconvenience and sabotage land you in jail.   

Perhaps, this may be the last chance for the UNP. It should not squander that opportunity for one more time.   

Follow @RangaJayasuriya  

The Reshuffled New Cabinet & A Core Value Commitment In Upholding Yahapālanaya


Chandra Jayaratne
logoAn Open Letter of Significant Importance Addressed to the President and Prime Minister
Dear Mr. President and Mr. Prime Minister,
A Core Value Commitment in Upholding Good Governance; to be Agreed at the First Cabinet Meeting of the Reshuffled New Cabinet of Ministers
Media quotes that you both have agreed to have in place, during the next week, a new Cabinet of Ministers, with scientifically clustered and allocated subjects, which will result in economic and effective policy making, realizing the good governance promises of 2015.
Towards achieving the above, I believe the first step commitments must come from the Cabinet of Ministers itself, with them being personally and individually bound by Core Values, in exercising good governance, economy, efficiency and effectiveness, at all times, whilst demonstrating integrity, transparency and being bound by the rule of law and principles of democratic decision making and placing the interests of the nation and its people first.
Towards above, I earnestly appeal to you both, that at the first Cabinet meeting of the newly formed cabinet, it resolves to strictly adhere to the under noted Core Collective Cabinet Commitments:
1. Despite the provisions of Article 52(2) of the Constitution, the Ministers will henceforth only engage in setting policy; and will not discharge the expanded responsibilities of direction and control; and will leave all responsibilities connected with the supervision, direction and control of the Ministries, Departments and other Institutions under the Ministry to the Secretary of the Ministry, who will henceforth be duly accountable for such expanded responsibility.
2. Despite the provisions of Article 52(3) of the Constitution, the Secretaries of Ministries will not be changed with every change of the Cabinet of Ministers; or with the change of a Minister.
3. Despite the provisions of Article 55(2) of the Constitution, the appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Departments shall, vest in the Cabinet of Ministers, but be subject to the transparent and due independent evaluation and recommendations of the Public Services Commission and the Constitutional Council.
4. The Ministers and Secretaries of Ministries will effectively interpret the Duties and Functions of the Auditor General, determined based on the English version of the Article 154 of the Constitution, due to the wrong and restrictive interpretation given in the Sinhalese version.
5. The Ministers to collectively commit that they will permit the Law Enforcement Officers of the State and the Independent Regulatory Institutions, to freely carry out their assigned duties, in upholding and enforcing the rule of law ( including in the conduct and progressing of all investigations) , and allow them to so operate without any interference or undue influence by the Ministers, who will further commit not issue any directions, or best advice, either directly or indirectly, in regard to any matters under the review and progress by the said law enforcement officers/regulators.
6. The Ministers, with the exception of the President and Prime Minister, shall voluntarily cease the use personal security contingents, back up vehicles, special security details and associated facilities, unless otherwise so determined on necessity, case by case, following an independent review by the Inspector General of Police
7. The Ministers, Secretaries and Heads of Departments and Corporations, with the exception of the President and Prime Minister, shall voluntarily cease the use of business class and first class ticket based overseas travel on official state business.
8. Before the end of April 2018, all members of the Cabinet to declare to the Secretary to the Cabinet, a complete schedule of personal and family( family being the spouse, children, step children, brothers, sisters, parents and in-laws ) interests in businesses, professions, contracts, etc and all related party entity interests, connected to the member and his family; and undertake to make a declaration, where ever a conflict of such interests arise or is deemed likely to arise, in connection with any state business, appointment or transaction, either directly or indirectly connected to the Minister and/ or his family.
9. All members of the Cabinet to undertake that they will not receive, collect, claim, make arrangements for accommodation/collection, or facilitation either directly or indirectly, of any payments, funds, investments, assets, transfer and holding of beneficial interests, benefits, perks, gratuitous receipts in kind or otherwise, from the State, any Ministry, Department, Public Corporation or Company of the state, directly or indirectly, whether fully or partly owned by the State, or any private entity or any other form of corporate entity, local or overseas, with whom the state has any business or other connections; and any such benefits received or held to the beneficial interests will be duly reported to the Secretary to the Cabinet and copied to the Auditor General, by the Minister and or his family members and by any individual or institution making such benefits available to the Minister or family

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3 aspects of democracy in the vote of No-Confidence



logo Tuesday, 10 April 2018

The vote of No-Confidence against the Prime Minister of Sri Lanka is both a success and a failure for democracy. Democracy is the rule of the people, by the people, for the people. The job of the Members of Parliament is simply to represent the people and the people’s choice. Nothing more; nothing less.

The motion rightfully was against the Prime Minister, based primarily on his judgment and behaviour in the corruption case in the issuance of Treasury bonds in 2015 (commonly known as the Central Bank bond scam). It was not against the current Government necessarily, nor was it against him as the Leader of his political party (UNP). It was a mistake to conflate the motion with the UNP’s internal politics.

A vote of No-Confidence is an important tool used in representative democracy. A tool which must be used sincerely and frequently. It’s the tool which allows to change elected representatives, in-between elections, thus constantly keeping them under the people’s rule.


The debate

The best part about the No-Confidence Motion was its debate. The worst part of it was the MPs already announcing their vote before the debate.

The debate is the fundamental prerequisite for democratic decision making. Its purpose is to propose a specific action and allow all the stakeholders (in this case the people’s representatives) to debate in favour of and against the subject. If done openly, scientifically and methodically it will bring out all the information relevant to the subject, disprove falsehoods and confirm the true facts.

If you followed the full-day debate, it is more than enough to understand the Prime Minister’s faults with respect to the motion. But as usual, the debate was muddled with irrelevant talks, personal propaganda and constant background noise. In good democratic practice, the MPs should sincerely try to debate on the subject with the sole intention of understanding the truth. That’s their ‘representative responsibility’ for the people.

The Speaker of the Parliament should first of all organise a workshop for the MPs to explain the meaning and purpose of ‘Point of Order’ in a debate. I sometimes wonder if some of those MPs had even taken part in a school debate. A point of order is used to clarify specific procedures in effect. It’s not an excuse to interrupt a speech just to utter some irrelevant nonsense. Every minute wasted in the Parliament is a waste of the people’s money.


The constituency

It was utterly ridiculous how most TV and radio channels, newspapers and online news sites only focused on “who is voting how”. The task of mass media is to educate the people with relevant information about the motion. The Joint Opposition too failed to build a strong people’s case in this regard. It was largely seen as a rushed attempt led by a few MPs without much people backing. They failed to inform the people on the purpose and content of the motion.Instead, the pre-vote days became a circus of MPs meeting among themselves, colluding with the PM, and secret rendezvous with the President simply to collate votes based on their personal and party interests. Where’s democracy in that?

The priority of all MPs should’ve been to go to their respective constituency and ask what the people actually think and want. Their job is to represent the people’s choice in the Parliament, not their own whims and fancies. That’s how representative democracy should work.

If the Prime Minister indeed has the self-confidence and the confidence of the people, he needn’t have to worry. The whole saga of desperate MPs running around collecting votes itself was evident enough to prove the lack of confidence in and of the Prime Minister.


The vote

In a democratic country, identity-based politics is a disgrace. Democracy cannot function if the people are systematically divided based on ethnicity and religion. The voting decision of the political parties, Tamil National Alliance (TNA) and the Muslim Congress is yet another instance of how they undermine democracy in the Republic of Sri Lanka.

Each and every Member of Parliament gives an oath to uphold the Constitution of the Republic. When they are sworn in to the Parliament they assume a higher responsibility to the Republic. Their political party becomes secondary. Sadly, most MPs don’t understand this. The MPs of the UNP acted as if this was a threat to their party leadership and their own power rather than sincerely addressing the central issue of the Prime Minister’s role in the Central Bank bond issue corruption case.

The motion had nothing to do with the Sinhalese, the Tamils or the Muslims. The impact of the bonds issue corruption case is not on any single ethnic group but falls on all citizens equally. But the TNA repulsively abused the no-confidence motion to further their own ethnic political agenda. Every MP has the freedom to vote based on their best judgment. It’s one thing to vote against the motion if you genuinely believe the PM did nothing wrong, but selling your vote on unrelated preconditions is a grave crime.

Instead of acting in the best interest of the Republic, they hijacked the motion, and reportedly made PM into agreeing to a 10-point, one-sided proposal in return of their votes. Where is democracy in that? Where is equality in that? And by desperately agreeing to their demands, the Prime Minister undermined Parliamentary democracy again proving his culpability in the Central Bank corruption case.

There is no win or lose in democracy. All there is, is the people’s choice. The question we, the people, must ask now is: Did our so-called representatives act in the best interest of us, the people? Or did they act in their own political self-interests? I think the answer is clear. It is time the people of Sri Lanka take our sovereign power back to our hands. It is time we bring a full-on vote of No-Confidence against this old, obsolete, corrupt system and its maniacal players, and build a new democracy suited for the 21st century and beyond.

(Eranda Ginige is the Ambassador for Democracy Earth to Sri Lanka, and the pioneer in introducing social entrepreneurship to Sri Lanka. To schedule a free speech on ‘Liquid Democracy – Democracy for the 21st Century,’ please write to him eranda@democracy.earth.)

Superior strategy of staying together


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By Jehan Perera- 

The defeat of the no-confidence motion against Prime Minister Ranil Wickremesinghe by the relatively large margin of 122-76 votes in Parliament has renewed the fortunes of an ebbing government. Just a fortnight ago it was reeling under the twin impacts of the loss suffered at the local government elections held in February and its inability to nip the anti-Muslim riots the following month in Kandy in the bud. There was concern that the government had been rendered ineffective due to its internal divisions and was adrift in the ocean of politics without a sense of direction. However, by prevailing at the no confidence motion with a comfortable majority, the government has renewed the impression that the coalition of political forces that brought it to power in 2015 is still intact.

Once again, as in 2015, the no confidence motion brought the ethnic minority parties together to join forces with those in the ethnic majority community who did not want a repeat of the old regime and the politics of impunity it epitomized in the areas of human rights and financial corruption. It has revived the hope among those voted for a change in 2015 that the reform agenda may still be implemented three years later. So far the government has delivered on only one of its major promises of relevance to the voting public. It ended the fear of government and its unaccountable mechanisms of repression that operated beyond the limits of the law and civilized governance. It has yet to deliver on the others, such as economic development, anti corruption and a solution to the ethnic conflict.

The government’s ability to muster the votes of 122 parliamentarians to defeat the no-confidence motion against the prime minister holds out the hope that a 2/3 majority is still within reach to carry out fundamental reforms of the polity as promised in 2015. An issue that is presently before parliament is the amendment of the Judicature Act that would establish high courts that could take on corruption cases on a continuous basis instead of being subjected to delays that are part and parcel of the ordinary course of law. The other would be that of finding a political solution to the ethnic conflict that has dogged the country from the time of its Independence.

KEEPING UNITY

The need for a 2/3 majority is especially necessary to resolve the ethnic conflict due to the need for constitutional change to ensure a greater degree of devolution of power even within the existing structure of the unitary state. This is a most sensitive and controversial issue that requires a bipartisan approach to the extent possible to ensure its long term viability. Governance in Sri Lanka has been plagued by successor governments undoing the policies and institutions put in place by predecessor governments. This threat looms even at present time. The opposition has said that they will undo some of the policies and institutions put in place by the present government. In particular they have specified the UN Human Rights Council resolution of 2015 that the government co-signed and the Office of Missing Persons that has been set up in terms of the pledges made at the time of its signing.

The maximum level of bipartisanship has been afforded since 2015 when the UNP and SLFP entered into a Government of National Unity along with the participation of most of the ethnic minority parties and the implicit participation of the largest Tamil party, the TNA. This is the alliance that needs to be held together and built upon. It is in this context that the decision of Prime Minister Wickremesinghe to instruct his party members to withdraw the no-confidence motion against the six SLFP cabinet ministers of the government who voted in favour of the no-confidence motion against him needs to be seen. At the no-confidence motion against the Prime Minister, 16 members of the SLFP, including six cabinet ministers of the government voted in favour of it. The Prime Minister has come in for criticism for calling on his party members to desist from taking the no-confidence motion against the dissident ministers forward.

The no-confidence motion against the SLFP ministers could have led to a further splintering of the UNP-SLFP alliance and been harmful to the larger unity of the government that is necessary if fundamental political change it to take place. It is almost certain that the no-confidence motion against the SLFP ministers would have been opposed by the other SLFP members, including those who had abstained in the vote of no-confidence against the Prime Minister and, indeed, President Sirisena himself. In addition, the rebel SLFP members who are currently in the Joint Opposition led by former President Mahinda Rajapaksa would very likely have joined in solidarity with their SLFP counterparts in the government to vote against the no-confidence motion. Therefore, the no-confidence motion against the SLFP ministers would have had the unintended consequence of unifying the SLFP members in the government and those in the Joint Opposition. This would have been to the further detriment of the UNP-SLFP alliance in the government.

DIFFERENT STRENGTHS

The no-confidence motion against the SLFP ministers would also have posed a problem to the ethnic minority parties. They would have no particular reason to vote for it. It is likely that they would have abstained in a vote of no-confidence against the SLFP ministers. The net result of the no-confidence motion therefore would have been that the alliance that came together to support the Prime Minister in the no-confidence motion against him would have got dissipated in the no-confidence motion against the SLFP ministers.

By not pursuing the no-confidence motion against the SLFP ministers the larger unity of the government has been preserved and gives back the possibility of a 2/3 majority in parliament that is required for fundamental political reform. Both the UNP and SLFP components of the government are necessary for this task. They have different leaderships, different visions and different strengths. The two components together reflect the diversity of the majority of the population. The local government election result in February at the mid-point of the government’s term of office showed how much this constituency has got eroded. It is important that in the next 18 months prior to the next set of national elections that the government should win back the support of the electorate.

The renewed opportunity that the 122-76 victory in the no-confidence motion has brought to the government needs to be translated into support at the grassroots. This will best be done by the government working together decisively and cohesively to meet the people’s expectations with regard to economic development, anti corruption and a lasting solution to the ethnic conflict. President Sirisena and the SLFP component of the government are as much needed for this as Prime Minister Wickremesinghe and the UNP component of the government. It is important to realise that Sri Lanka is not a homogeneous country, either in terms of ethnicity or social background and ideology. Depending on their backgrounds and contexts, some people have more trust in one leadership and less trust in the other, and vice versa.