Violence against Rohingya exposed in 'shocking photos'

(Reuters) - When a Rohingya refugee boat capsized on the Bangladesh coastline, photographer Damir Sagolj rushed to the scene and saw locals collecting the drowned and arranging their bodies next to the road.

Andrea Januta-APRIL 17, 2018 

In the torrential night-time rain, the sheets that covered them clung to the bodies.

“You couldn’t see how many were under the sheets, but what I could see was that most were children,” Sagolj said.

The photo he captured was one of a series awarded the Pulitzer Prize for feature photography on Monday, described by the judging committee as “shocking photographs that exposed the world to the violence Rohingya refugees faced in fleeing Myanmar.”

The latest crackdown by authorities and Buddhist civilians against the Rohingya population in Myanmar’s Rakhine state created a mass exodus of over 600,000 Rohingya children, women and men who fled their homes at the end of 2017.

The refugees have reported killings, rape and arson on a large scale, and senior United Nations officials have described the violence against the Muslim Rohingya population as a “textbook example of ethnic cleansing.”

Myanmar has denied ethnic cleansing or systematic human rights abuses, saying it waged a legitimate counter-insurgency operation. The army has said its crackdown was provoked by the attacks of Rohingya militants on more than two dozen police posts and an army base last August.

Rohingya refugees try to take shelter from torrential rain as they are held by the Border Guard Bangladesh (BGB) after illegally crossing the border, in Teknaf, Bangladesh, August 31, 2017. REUTERS/Mohammad Ponir Hossain

Reuters has covered the plight of the Rohingya since 2012, but in 2017 it became clear that the scale of this exodus was far larger than previous migrations.

For the next several months, a team of photographers, including Sagolj, Cathal McNaughton, Danish Siddiqui, Soe Zeya Tun, Adnan Abidi, Mohammad Ponir Hossain, and Hannah McKay, working under the direction of Asia Pictures Editor Ahmad Masood, documented the journeys of refugees by sea on rickety fishing boats and over land through barbed wire and along other routes.

They also visited refugee camps to tell the stories of the new lives the Rohingya built and the scars they brought with them.

While the size of camps expanded, one thing that never changed was the stories the refugees brought with them.



“The same horror stories of killings and rape and massacres that we were hearing when the first refugees started crossing in August and September, the exact same – if not worse – stories were being told three months after that,” Sagolj said.

Even as the team captured images of the refugees at their most vulnerable – mourning mothers, scarred children, survivors of violent attacks – the journalists found that the refugees were surprisingly open. The photographers experienced almost no resistance from refugees as they photographed the refugees and asked about their experiences.

“I had the impression that these people want everybody to know what happens to them,” Sagolj said. “They all really wanted their story to be told.”

Reporting by Andrea Januta, Editing by Leela de Kretser and William Maclean

Jérôme Hamon: Frenchman gets 'third face' in new transplant

Mr Hamon is still recovering in hospital in Paris after the January transplant

17 April 2018

The first person in the world to receive two facial transplants says he is feeling well, three months after his latest groundbreaking operation.

Jérôme Hamon had his first transplanted face removed last year after signs of rejection following a treatment with an incompatible antibiotic during a cold.

The 43 year old remained in a hospital in Paris without a face for two months while a compatible donor was sought.

He said: "The first [face] I accepted immediately. This time it's the same."

Mr Hamon suffers from neurofibromatosis type 1, a genetic condition that caused severe disfiguring tumours on his face.

His first transplant, in 2010, was a success, but he caught a common cold in 2015 and was given antibiotics. The drug was incompatible with the immunosuppressive treatment he was having to prevent a rejection of the transplanted material.

The first signs of rejection came in 2016 and last November, the face, suffering from necrosis, had to be removed.

• What's it like living with a face transplant?
• How to build a whole new face

Mr Hamon lived without a face in a room at Georges-Pompidou hospital in Paris without being able to see, speak or hear until January, when a face donor was found and the second transplant carried out.

To avoid further rejection, Mr Hamon - dubbed "the man with three faces" by French media - had special treatment to clean the blood prior to the transplant.

'It's good'

His new face remains smooth and motionless, and his skull, skin and features are yet to be fully aligned. But he is positive about his recovery.

"If I hadn't accepted this new face it would have been terrible. It's a question of identity... But here we are, it's good, it's me," he told AFP news agency from the hospital, where he is still recovering.

"I'm 43 and the donor was 22 so I'm 22 again," he told French TV.

Mr Hamon is still recovering in hospital in Paris after the January transplant

The hours-long operation was led by Prof Laurent Lantieri, a specialist in hand and face transplants who carried out Mr Hamon's initial surgery eight years ago.

"Today, we know that a double transplant is feasible, it's no longer in the field of research," he told Le Parisien newspaper (in French).

Anaesthetist Bernard Cholley said: "Anyone who loses their face and then has to wait for a hypothetical transplant for an unknown length of time - that's something that no-one has ever had to go through here.

"I'm amazed by the courage of a patient who has been able to get through such an ordeal."

The first face transplant was carried out in 2005 in northern France. Since then, some 40 operations have been performed around the world.

Destroyed homes and disappointments as parts of Vali North released

15Apr 2018

The Sri Lankan Army released 683 acres of land from the Vali North high security zone after 28 years of occupation, although of the three village divisions released no village has been returned in its entirety and army camps remain dotted among the released homes. Those who were able to return, returned to find their old homes and infrastructure completely demolished.

An event was held on Friday to release lands within the South Mayilai, Myliddy North and Thaiyiddy East village divisions.

Several landowners from the villages were turned away disappointed as army camps remained and were even reinforced with barbed wire fencing. While the released lands were all found to have had buildings razed to the ground, the homes in the unreleased lands were seen to be intact and in use by the army. Recently locals reported that the Sri Lankan Army was demolishing homes in Myliddy and using the materials to expand the Thalsevana Resort - a military-run holiday resort built in a 'high security zone', occupied Tamil land, in Kankesanthurai.

Some residents also reported that their village roads remained unreleased and so their lands were inaccessible.

The land release event was presided over by Sri Lankan Army Commander, Mahesh Senanayake, who during a speech at another recent land release event made a threat that Tamils’ lands could be just as easily taken back the armed forces that returned them.

Photographs by Shalin for Tamil Guardian

Related Articles: 

04 April 2018 : Sri Lanka's army commander warns Tamils: as we give to you, we can take back 

30 December 2017 : Sri Lankan army destroying unreleased homes in Myliddy and using materials for construction on Thalsevana resort

13 December 2017 : Sri Lankan troops open military holiday resort on occupied Jaffna land

30 November 2017 : Sri Lankan Army returns fraction of Vali North village in ruins

A Note On Fear Of Some Sinhala-Buddhists 

By MYM Siddeek –APRIL 16, 2018

Dr. MYM Siddeek

“Fear is a distorting mirror in which anything can appear as a caricature of itself, stretched to terrible proportions; once inflamed, the imagination pursues the craziest and most unlikely possibilities. What is most absurd suddenly seems the most probable.” – Stefan Zweig

Is this what happens in Sri Lanka now?

I recently watched an interview given by one of the prominent and educated Buddhist monks in a popular Sri Lankan TV, in which he was expressing his fear about the way the Muslim women wear their attire. His utterance was against the Supreme Court ruling and therefore a law-abiding monk will not make such an utterance in public. We all know the Supreme Court on the 25th July 2014 ordered the Attorney General to issue directives to all public institutions to permit to wear the traditional Muslim cultural attire when entering public places. When the case was taken up for hearing before the Chief Justice Mohan Pieris said that the traditional Muslim attire was well within the identity of the Sri Lankan culture and that Muslim women had a right to wear such attire and it causes harm to none. The Chief Justice also commended the petitioner’s dress and said that the attire was well within the boundaries of decency. Accordingly, the Supreme Court bench ordered the Attorney General to issue instructions to all public institutions not to obstruct people who wear traditional Muslim attire. 

In spite of the above court ruling and provisions in the constitution (section 14 (1) (e)), the Muslim women face great criticisms in wearing their cultural attire. On some occasions, they have been subjected to violence as a result. It is very difficult to understand how the Muslim women’s attire affects the daily lives of the other communities? Does it cause any harm to them? Why don’t they accept modesty? Why do they oppose the decency? Isn’t it a politically motivated criticism of the entire Sri Lankan Muslim community to achieve petty political objectives locally and internationally? Why are the educated and decent Sinhala Buddhists and monks silent on this? What is the response of Maha Sangha on this? Does their silence on this give approval for these nasty criticisms? 

The above-mentioned monk’s fear was that the government of Saudi Arabia was funding to wear them the way they wear now to ‘Islamise’ Sri Lanka. This is absolute nonsense to misguide the Sinhala Buddhists, I believe. The communal tension we see in Sri Lanka is mainly due to ignorance. We, every Sri Lankan citizen, can play an important role to remove the misconceptions.

It is true that there is a certain degree of influence on the Middle Eastern culture on this cultural transformation of Muslim women’s attire after the economy was opened in 1977 for foreign employment by J. R. Jayewardene’s government. Up to the early 1970s, there were a very few Muslim women who wore Veil and Hijab. This cultural transformation could also be seen in the lifestyles of Sinhala-Buddhists who worked in the Middle Eastern countries in their food, eating habits and hobbies for examples. Even you can see a number of Sinhala Buddhists shop in the supermarkets that sell exclusively Arabian groceries in SL. But there is no evidence to suggest that the attire of Muslim women is funded and influenced by foreign governments. If this is funded by the Middle Eastern governments, why were those governments numb when the non-Muslims killed the Muslims and destroyed their properties including the mosques in Sri Lanka? 

Before Veil and Hijab came as part of their daily attire, the Muslim women used to cover their head with ‘Mukkadu’ (used part of the ‘saree’ to cover their head). They very rarely had a separate piece of cloth to cover their head. Today, most of the Muslim women use Veil, Hijab or ‘Mukkadu’ as part of their cultural attire. This is partly their cultural identity too. 

Cultural transformation due to foreign link is nothing new to Sri Lankan women’s attire. Today most of the Sri Lankan Sinhala women wear ‘gauma’. This is not Sinhalese. It is Portuguese. The Sinhalese started to wear Portuguese dresses from the early part of 16th century when Portuguese ruled (1505 – 1658) the country. If they oppose foreign dresses, they should wear sarees (the osariya) or redda-haetta (cloth and jacket) only. The Sinhala men should not wear trousers and shirt if they are true Sinhalese. They should wear a sarong or an amude (span cloth), the Sinhalese wear. Therefore, the foreign cultural influence in the way the Sri Lankan wear is unavoidable when they interact with foreigners. That is what happens to the Muslim women and their attire! 

Read More

Inequality and the Political Crisis

2018-04-17

The fallout of the local government elections continues as a political crisis. The anti-Muslim violence, the no-confidence motion and its defeat are the latest manifestations of a government that is finding it hard to govern. Amid the manoeuvring of political forces and the blame game within the Government, there is also a slow recognition of the economic problems that led to the anti-government vote in February. In the North, a similar anti-incumbent vote against the TNA, has fractured the Tamil electorate, and is also slowly bringing to the fore day to day economic issues, long ignored by Tamil politics during the war decades, and in post-war years. While the political discourse, both in the South and the North, shifts toward addressing economic concerns of the people, there is little clarity on the underlying causes of these economic problems.   
Is the economic disenchantment among the citizenry about the State’s failure to deliver development initiatives? The cutting back of subsidies? The lack of measures to address the rising cost of living? Or neglect of the regions devastated by the long drought? While these concerns, I am sure, played a role in the election outcome, here I want to address the structural changes in the economy that are contributing to the mounting social and economic frustrations of the people. Such structural changes themselves are varied, from uneven development between Colombo and the rest of the country, the urban-rural divide, and the increasing social exclusion of marginalised sections of society. In this article, I focus on the issue of inequality, largely ignored in economic policies and even economic debates in Sri Lanka.   

Empirical Insights 

In recent years, there has been mounting interest in questions of wealth and income inequality around the world. While social and economic analyses of capitalist development have for long proposed theories of inequality, the current wave of interest in questions of inequality has emerged alongside evidence from several far reaching empirical studies. Such research has looked at both inequality between countries and inequality within countries.   
Inequality as a field of study received a major boost from the path breaking work of Thomas Piketty, Capital in the Twenty-First Century, published in 2013. Piketty’s empirical research explored over a century of data to demonstrate that wealth inequality in the West has now surpassed levels that were seen two and a half centuries ago when industrial capitalism transformed the world. Closer to home, Piketty’s recent paper in July 2017 co-authored with Lucas Chancel titled, ‘Indian income inequality, 1922-2014: From British Raj to Billionaire Raj?’ used empirical data to analyse the tremendous income inequalities that exist in India. They found that from the time that data is available in 1922, income inequality is at highest level now in India.   
One of Piketty’s major insights is his critique of Simon Kuznets’ theory that income inequality rises only during the early stages of capitalist development and reduces in subsequent periods. Piketty has conclusively refuted this argument, accepted by generations of mainstream economists. Piketty empirically illustrated that reduction of inequalities in the West in the middle of the twentieth century was not inherent to the capitalist process, as previously thought, but rather a consequence of two world wars that caused immense destruction of wealth leading to the levelling of inequalities. Furthermore, while inequalities may have reduced after the world wars, since the 1970s, the hollowing out of the welfare state, lack of redistribution due to regressive tax regimes, and attacks on labour movements, have led to a sharp rise in wealth inequalities comparable to pre-industrial levels.   

Retrograde Economics 

Even as conservative economics has been shaken by the global economic crisis of 2008, neither foreseen nor sufficiently analysed after the fact, empirical studies such as those by Piketty from within the mainstream academy as well as leftist economists long ignored before the crisis, have now opened new avenues for research, ranging from studies of inequality to the search for economic alternatives. However, in Sri Lanka, the economic establishment, including our think tanks and our economics pundits, continue to preach the conservative economic mantra, reinforced for decades by the Western academy and international agencies. It is precisely this colonised mind-set that has failed to deliver an alternative to the liberalisation economic policy path in the post-war years in Sri Lanka.   
Neoliberal economic policies in Sri Lanka since 1977, accelerated again after the war in 2009, are continuing to increase inequality. Indeed, household income inequality in Sri Lanka over the last decade is at very high levels relative to other countries, and the Gini coefficient used to measure inequality is hovering between 0.45 and 0.49. The Household Income and Expenditure Survey (HIES) 2016, illustrates worrying facts about the distribution of total household incomes in Sri Lanka.

"However, in Sri Lanka, the economic establishment, including our think tanks and our economics pundits, continue to preach the conservative economic mantra, reinforced for decades by the Western academy and international agencies"

The wealthiest 10% of the population receives 35.4% of the income, while the poorest 10% receives just 1.6%. Furthermore, the wealthiest 20% receives over half of total household income (50.8%), while the bottom 50% shares a mere 20.8% of the income. When half our population receives only a fifth of the total household income, they have little to lose. Significantly, it is this section of society constituting the mainly rural population that has swung elections and thrown out incumbent regimes throughout Sri Lanka’s postcolonial history.   
The argument put forward by the neoliberals that we need to go through the pain of economic development, including rising inequalities, which would flatten out later, has also now been refuted. In a paper titled, ‘Growth with Inequality: Neoliberal Reforms in Sri Lanka,’ by B. Skanthakumar (2013) shows that the Gini coefficient, 0.35 in 1973, has remained higher than 0.45 after the open economy policies were adopted in 1977. Indeed, inequalities will only rise when the state supports liberalised market-oriented economic development.   

Political Fallout 

Economic problems do not necessarily lead to causally predictable consequences. Rather, political changes and crises emerge in the course of time, when different forces mobilise around persistent conditions such as rising inequalities. Furthermore, such crises can either bring destructive regimes into power or stimulate a search for progressive alternatives. At the current moment, as in many other parts of the world, rising income inequalities and related economic problems, in the absence of credible progressive alternatives, seem more conducive for right wing and nationalist political forces. The anti-Muslim attacks last month reflect how such reactionary forces may polarise society along ethnic and religious lines.   
Even as we challenge this right wing nationalist turn in our politics in Sri Lanka, can we also critically examine the legacy of the open economy and its attendant consequences including rising inequalities? Should we too explore the historical inequalities in Sri Lanka as with the recent advances in international research? I would argue that conceptualising a platform for equality is central to any progressive politics in Sri Lanka. Such progressive politics should seek to arrest both the neoliberal forces that aggravate class inequalities and the nationalist forces that seek to polarize the country along ethnicity and religion.   

Sri Lanka: Minister of Finance Samaraweera Violates the WTO Principles

Blatant violation of the WTO Valuation Agreement and the need to revise the tax system for motor vehicles

by Nagananda Kodituwakku- Apr 16, 2018

( April 16, 2018, Colombo, Sri Lanka Guardian) You may be probably aware that Sri Lanka, being a member of the WTO is required to implement the Article VII (Customs Valuation) of the General Agreement on Tariffs and Trade (GATT) 1994 that compels all member nations to apply the ‘transaction value’ of goods as defined in the Article 1 of the agreement, as the primary basis for Customs value.

However, it is observed that the Ministry of Finance of the Republic of Sri Lanka is adopting an arbitrary taxation system for motor vehicles, that tantamount to patent violation the Articles 1 and 7 (2) of the GATT Valuation Agreement. 

Abuse of citizenry: A personal experience  

I imported a Lexus hybrid car (2013 model) from England in 2014, which was classified under the HS Code 8703.23.53 by the Customs Department of Sri Lanka and a levy of                           Rs 2,008,105.00 was charged at the time (relevant Tax Assessment Notice marked X1 is enclosed).  Having decided to import the identical vehicle of the 2017 model, I made inquiries from the Customs last week and found that a completely arbitrary system of levying tax for motor vehicles has been put in place that is totally inconsistent with the WTO Valuation Agreement referred to above. It has been changed from Transaction Value to a system of taxation based on the Engine Capacity, (1798 cc multiplied by 8000%) which is totally illegal. This method now compels me to pay an exorbitant penal levy of   Rs 14,384,000.00 that is more than 7 times of the tax paid for the identical vehicle four years ago.

Lawmakers disregard the Rule of Law whilst treating citizenry differently

You are aware that, as a public interest litigation activist, I was compelled to initiate legal proceedings in the Supreme Court (SC/Writs/7/2016), against hundreds of members of Parliament and Ministers including you, who have defrauded over 30 million rupees each, by selling the tax-free car permits meant for National Service, for unjust enrichment. The Vehicle Registration Certificate issued by the Department of Motor Traffic for the vehicle imported on the permit issued under your name but registered by a private individual (marked X2) is enclosed herewith as a proof of the fraud that cost the Government over 7 billion rupees.

Since the current fiscal policy adopted for motor vehicles by the Ministry of Finance, manifestly violates GATT Valuation Agreement as cited above, on behalf of all law-abiding citizens, I urge you to introduce a fair and reasonable tax system for motor vehicles with immediate effect.

Please take notice that the failure on your part to adopt a fiscal policy that is consistent with the WTO Article VII would trigger action under WTO Dispute Settlement Process through a contracting party that is also affected by the arbitrary tax system adopted by the Government of Sri Lanka.

---

The writer is an  attorney-at-Law & Public Interests Litigation Activist

Journalism A Failed Profession In Sri Lanka

APRIL 16, 2018

AUTHOR: SURANIMALA UMAGILIYA

Recent reports in two Sunday newspapers highlighted updated versions of the investigations into the abduction, torture and assault of journalist Keith Noyahr and murder of Lasantha Wickrematunge the late Editor of The Sunday Leader. Keith Noyahr, of the Nation was abducted on his way home on the 22nd of May 2008 and Lasantha Wickrematunge was murdered on the 8th of January 2009.

Gota

The Sunday Times of 15th of April 2018 in an article by the Cafe Spectator refers to Dr Rajitha Senaratne, stating that two Defence Ministers ie. Sri Lankan and Ukrainian, signed the infamous MiG deal. The report goes on to state that the FCID had certified copies of the agreement to purchase the MiG aircraft which were signed between Bellimissa Holdings, a BVI Company and Sri Lanka Air Force with T.S. Lee of DS Alliance from Singapore featuring as a key go between. T.S. Lee through DS Alliance featured in the previous MiG sales to Sri Lanka.

The tenor of the article in the Sunday Times is to pinpoint two important issues. The first being that Dr Rajitha Senaratne was way off the mark with his facts and the second being the murder of Lasantha Wickrematunge continues to be used conveniently for political gain. The intrepid Editor’s murder was due to his knowledge of the inside story of the MiG purchases has also been questioned.

The FCID seemingly has reported to Court through a B report that T.S Lee is considered a suspect in this case. T.S Lee being a businessman is within his rights to sell to any bidder provided the end user certificates are not erroneous. It is the Air Force and by such extension the Defence Ministry of Sri Lanka and the the Government of Sri Lanka that is criminally liable. The Ukraine government is on record that they did not sell any aircraft to the Government of Sri Lanka. This would mean the earlier purchases of MiG were also not Government to Government sales.

Be that as it may, the report in the Sunday Times confines it to showing the two issues but begs further questions. That being to pin the liability not only on Udayanga Weeratunga, who was Ambassador to Russia at the time but on such person who had the ultimate authority to sanction the tainted purchase of MiG aircraft on behalf of the Government of Sri Lanka.

It is a publicly known fact that the former Defence Secretary Gotabaya Rajapaksa, who was in office at the time of such deal filed action in the Mt Lavinia Courts, a defamation action against the late Editor Lasantha Wickrematunge and his Sunday Leader claiming a colossal amount. It is also a publicly known fact that the former Secretary of Defence in his evidence in Chief and Cross Examination under oath, stated that the MiG purchases were a Government to Government deal between Sri Lanka and Ukraine. He justified his action in public interviews to the BBC with Chris Morris and in the Hard Talk programme saying he did the “right thing” by filing action and would wish the Sunday Leader to fold up. The two interviews are yet on You Tube.

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New national govt. agreement after President’s return – UNP

by Zacki Jabbar-April 16, 2018, 10:54 pm 

The UNP and the SLFP would enter into a new partnership, after President Matihripala Sirisena’s return from London, where he is attending the Commonwealth Heads of Government Meeting, Minister of Pubic Enterprise Development Lakshman Kiriella said yesterday.

Asked to describe the pact, Kiriella said that it would prioritise the governments development plans for the next two years and set out the guidelines under which the two parties would work together, without having to encounter problems, such as the ones witnessed in the recent past.

He explained that a committee, headed by Special Assignments Minister Sarath Amunugama, appointed by the President, prior to leaving for London, had been tasked with drafting the new agreement.

Asked whether the national unity government would continue, Kiriella said: "Yes. What the Amunugama Committee would do is outline the ground rules which the UNP and SLFP, will be required to follow."

The Minister emphasised that a commitment to collective responsibility was of paramount importance, if the government was to achieve its objectives.

Unwarranted side shows were a big distraction and counter-productive, he added.

Success at issue of dollar notes should not be a substitute for taking early measures to fix economy

Issue of sovereign notes

Tuesday, 17 April 2018

The Central Bank has brought $ 2.5 billion to the country by issuing Sri Lanka Government Sovereign but ‘Senior Unsecured Notes’ in the international markets (available at: https://www.cbsl.gov.lk/en/news/the-democratic-socialist-republic-of-sri-lanka-us-dollars-2.5-billion-international-sovereign-bond-offering ).

Success at issue of dollar notes should not be a substitute for taking early measures to fix economy.docx by Thavam on Scribd

TRC has profusely lied ! LeN was blocked on presidential media director’s letter – RTI Commission reveals !!

(Lanka-e-News - 16.April.2018, 9.40PM) It has come to light that  Lanka e news was illegally blocked on a letter issued by the director ,  presidential media based on the investigations conducted by the RTI (Right to Information) Commission into  an appeal made to it. 

Ms. Raisa Wickremetunge of Ground views made  an appeal to  RTI Commission for refusing to provide information citing national security as a reason when inquiries were made from TRC (Telecom Regulatory Commision) as to why Lanka e news was proscribed. 

Following an investigation , the RTI Commission which inquired into it had given a verdict  that the presidential media director had blocked the website on spurious  grounds , and the decision taken by the TRC to refuse giving information shall be reversed. 

The letter sent to  TRC by Dharmasiri Bandara Ekanayake , the director presidential media  ,and the news report of Lanka e news regarding the president which is the subject of accusation are in the image .

The presidential media director by his letter and the TRC director general, before the Right to Information Commission (RTI)had said they tried to contact Lanka e news regarding the LeN report but without avail.  

That is an absolute lie. A lie that deserves sentence to the gallows.  The e mail , telephone and skype of Lanka e news are active all 24 hours of the day, and no one had responded  in connection with that report. 

If they had we challenge these liars who thrive on mendacity using their official labels and ranks for their own selfish survival to adduce proof in support of their statement . In the least , no one has even responded  or commented via the LeN face book page. 

Lanka e news which warmly welcomes right to answer  , if we  had really received a response , certainly we have  no reason to refrain from publishing that. 

In any event Lanka e news will soon give a reply to the presidential media director’s  letter no matter how stupid ,which was addressed to the Director General  of TRC .

A report pertaining to the RTI investigation and decision is hereunder. 

RTI decision on Lankaenews issue

Raisa Wickrematunga v. Telecommunications Regulatory Commission of Sri Lanka (TRCSL)

RTICAppeal (In person)/106/2018 (Appeal heard as a part of a formal meeting of the Commission on 27.02.2018)

Order under Section 32 (1) of the Right to Information Act, No 12 of 2016 and Record of Proceedings under Rule 28 of the Right to Information Rules of 2017 (Fees and Appeal Procedure)

Chairperson: Mr. Mahinda Gammampila
Commission Members: Ms. Kishali Pinto-Jayawardena, Dr. Selvy Thiruchandran Mr. S.G. Punchihewa Justice Rohini Walgama
Present: Director-General Mr. Piyathissa Ranasinghe

Appellant: Ms. Raisa Wickrematunga
Notice issued to: Mr. P.R.S.P Jayathilake, Director- General, TRCSL

Appearance/ Represented by:
Appellant - Ms. Raisa Wickrematunga
PA           - Ms. S. Rodrigo, Information Officer/ Assistant Director- Legal, TRCSL

RTI request filed on: 10.11.2017
IO responded on:       28.11.2017
First Appeal to DO filed on: 07.12.2017
DO responded on: 15.12.2017
Appeal to RTIC filed on: 29.12.2017

Brief Factual Background:

The Appellant by information request dated 10.11.2017 has requested the following information.

1. Any complaints against news websites received by TRCSL from January 2015 to date and identity of authorities making the complaints
2. Any websites blocked to ISPs in Sri Lanka as a result of complaints from 2015 onwards and reasons given for the block
3. Any complaints against news website Lanka-E-News in 2017 and identity of State authority making the complaint
4. Any order to block website Lanka-E-News in November 2017, identity of authority making the order and reasons given for the same
5. Records of TRC involvement in blocking Lanka-E-News, if any

The Information Officer (IO) had responded on 28.11.2017 stating that the PA has decided to provide the documents relating to web addresses blocked by the PA, and, that information requested under item 01 of the information request was not in the possession, control or custody of the PA. The IO had further stated that the information requested under items 3,4 and 5 would be withheld as disclosure of such information would undermine the defence of the State or national security and amounted to exempted information covered by Section 5(1)(b)(i) of the RTI Act.

The Appellant being unsatisfied with this response, then appealed to the Designated Officer (DO) on 07.12.2017, The DO responded on 15.12.2017, stating that with regard to item 1 of the information request the PA had informed the Fixed and Mobile Operators to block news website based on the instructions communicated to it by the Ministry of Mass Media and as such, it did not have any records of complaints against websites in its possession or custody. With regard to item 2, the information had been provided to the Appellant. The decision of the IO with regard to item 3 was reiterated.

The Appellant preferred an Appeal to the Commission on 29.12.2017.

Matters Arising During the Hearing:

The IO of the PA stated that the PA entertained only telecom related complaints and not complaints against Websites. She submitted that complaints in respect of websites are lodged with the Ministry of Mass Media as websites are registered with that Ministry.

The IO was reminded by the Commission of the duty on Public Authorities under Regulation 4 clause 6 of the Right to Information Regulations of 2017 published in Gazette No 2004/66 dated 03.02.2017, to transfer the said request to the relevant PA where the IO is aware that the information is held by such PA.

Regulation 4 (6) states:

“If the request relates to information which the Information Officer is aware is held by another Public Authority, the Information Officer shall duly in written format transfer the request to the concerned Public Authority and inform the citizen making the request accordingly within 7 days from the date of receipt of the request.”

The IO then stated that she had in other instances transferred such requests but had refrained from doing so in this instance as the said request as it did not contain a general question but a specific question related to the TRCSL.

The Appellant stated that according to her own understanding the TRCSL was the relevant PA to file the information request with.

The IO further stated that the Director General of TRCSL had requested for a further date to make his submissions on this matter.

Order:

The duty to transfer as provided for in Regulation 4 clause 6 of the Right to Information Regulations of 2017 published in Gazette No 2004/66 dated 03.02.2017 has been stipulated for the exact purpose of preventing an Appellant from going from pillar to post in the search for information. All PAs are required to abide by this duty rather than attempt to circumvent the same.

The PA is directed to inquire from the Ministry of Mass Media as to what information is in its custody, possession, or control relating to the information request of the Appellant and apprise us of the same.

The information requested in this instance is legitimate information that can be obtained through a right to information request unless the PA can prove that any or one of the exemptions provided for in the RTI Act, No. 12 of 2016 would apply and further establish that it is not in the public interest to provide the information.

The PA is therefore directed to file written submissions before March 12, 2018 detailing its specific justification of the exemption cited by it in denying the information in respect particularly of the plea invoking Section 5 (1) (b) (i) (ie; that the information would undermine the defence of the State or its territorial integrity or national security).

The Appellant may, if she wishes, file counter written submissions by March 19, 2018. The Public Authority is directed to weigh the public interest with regard to the exemption cited in its written submissions.

The Appeal is adjourned.
Next date of hearing: 23/03/2018.

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RTICAppeal (In person)/106/2018 (Appeal heard as a part of a formal meeting of the Commission on 23.03.2018)

Order under Section 32 (1) of the Right to Information Act, No 12 of 2016 and Record of Proceedings under Rule 28 of the Right to Information Rules of 2017 (Fees and Appeal Procedure)

Chairperson:                   Mr. Mahinda Gammampila
Commission Members:   Ms. Kishali Pinto-Jayawardena, Dr. Selvy Thiruchandran Mr. S.G. Punchihewa Justice Rohini Walgama
Present: Director-General Mr. Piyathissa Ranasinghe

Appellant: Ms. Raisa Wickrematunga
Notice issued to: Mr. P.R.S.P Jayathilake, Director- General, TRCSL

Appearance/ Represented by:
Appellant - Ms. Raisa Wickrematunga
PA -           Mr. P.R.S.P Jayathilake, Director- General, TRCSL
                 Ms. S. Rodrigo, Information Officer/ Assistant Director- Legal, TRCSL

Matters Arising During the Hearing:

The IO stated that in pursuance of the direction by the Commission at the last hearing of the appeal, she had sent a letter to the Ministry of Mass Media inquiring as to what information is in its custody, possession, or control relating to the information request of the Appellant. She further submitted that the Director – General of TRCSL (DG)/DO had brought along the documents relating to items 3 and 4 of the information request made by the Appellant. She stated that the PA would rely on the Commission’s decision whether to release the information. The IO further stated that information relating to item 2 of the request had already been provided to the Appellant.

The DG of the PA stated that items 3 and 4 were in relation to news items about the President and his family. He stated that there had been a written complaint made to TRCSL by the Office of the President regarding unsubstantiated stories appearing in the form of news items in the Lanka-E-News website. Copies of those news items had also been attached to the said complaint. The DG further stated that the documents in his possession that he presented for the perusal of the Commission were the only documents the PA had in regard to this information request and that they do not have any more records.

Order:

Having perused the complaint made by the Office of the President and the attached news items, we see no reason for the information to be denied to the Appellant. The veracity of the news items in question are not for this Commission to decide. The complaint submitted by the President’s Office on November 6th, 2017, only brings these news items to the notice of the PA and requests that suitable action be taken according to law. This is legitimate information that may be disclosed by the PA.

The PA is directed to provide a copy of the complaint and attached news items to Appellant. The Commission is of opinion that these documents fulfil items 3, 4 and 5 of the information request made by the Appellant. The PA is directed to liaise with the Appellant with regard to providing the information requested in item 1 once it receives a response from the Ministry of Mass Media.

The decision of the DO is reversed. The Appeal is concluded.

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by     (2018-04-16 16:15:17)