Friday, May 18, 2018

Displaced Sri Lankans defy military to reclaim homeland

For the first time since country's civil war ended in 2009, civilians have reclaimed their land occupied by military.

WDC members who organised the initiative immediately before boarding boats on Iranaimaatha Nagar beach [Photo courtesy www.vikalpa.org]

by Lisa Fuller-May 18, 2018

Iranaitheevu, Sri Lanka - Last month, in an extraordinary act of courage, more than 350 members of Sri Lankan Tamil minority defied military restrictions and successfully reclaimed their homes on the Navy-occupied island of Iranaitheevu after 26 years of forced displacement.

Displaced Sri Lankans defy military to reclaim homeland.docx by Thavam on Scribd

Conflict-Affected Women in Sri Lanka – Still Waiting For Answers

Featured image from a visit to Sellamma, a Puthukudiyiruppu returnee who sells kotta kilangu to make a living

RAJANI IQBAL- 05/18/2018

There has been a marked increase in female-headed households in the North and East of the country as a consequence of the war in Sri Lanka concluded in 2009. Women in Sri Lanka sometimes refuse to identify themselves as “head” of their households as they fulfil a father’s role for their children.

They then become the chief householder of their residence. A considerable number of women victims of the war are very young – some of them are those who got married when they were as young as 15 years of age. These households continue to face many problems in spite of the meager attempts made by the government to alleviate them. They remain marginalised, neglected and vulnerable.

Among them are many women who have lost their husbands after having surrendered them to the army during the final days of the war. Among them are ex-combatant women who continue to be under surveillance by the army. There is also another category of elderly women who have lost all their relatives. There are others who have no option but to depend on their widowed daughters who already find it difficult to fend for themselves.

Many of them have been re-settled in their own villages while others are still waiting to get back to their own villages. The rural infrastructure is so damaged that many of them cannot follow the traditional vocations that their husbands did. Quite a number of these women have some sort of disability consequent to being injured during the war.

After the end of the armed conflict in Sri Lanka, women in the island’s North and East are still waiting for justice and truth for human rights violations. Among the bold promises made by the government to the United Nations Human Rights Council in 2015, only an Office on Missing Persons has been established in March 2018, two years after the Act of Parliament relating to its creation was passed. There are no signs yet of the promised Truth Commission, a special hybrid court and an office to provide Reparations. The urgent economic and psycho-social needs of all conflict-affected groups remain unmet. Anger and a sense of betrayal has developed and triggered a new wave of women-led protests. All these happenings made further inroads into already damaged hopes for reconciliation among communities. If Sri Lanka is to address the past in a way that reconciles its communities and builds lasting peace, the government must prioritise the needs and rights of conflict-affected women.

A study by research organisation International Centre for Ethnic Studies (ICES) shows that as many as 50-60% of women have lost their homes or have had homes damaged during the war. Reconstructing their homes is an added financial burden, as housing reconstruction requires significant capital. For women in male-headed households, damage to housing is associated with a 30% increased probability of engaging in market work. The ownership of land and a house is positively associated with labour force participation as it can enable self-employment activities for women.

Another matter that has not received enough publicity is that the war has resulted in a disruption of the educational activities of the women and their children in the Northern and Eastern Provinces due to war and the consequent repeated displacement of the people. Many of the young women were school-going girls during the beginning of the conflict and had to abandon their studies due to displacement and subsequent early marriages which their parents imposed on them to escape forced recruitment by the militants.

With the end of the war many of them found themselves to be widowed and with one or two children. Though a good proportion of them would like to pursue their studies to better their prospects, avenues for them to do so do not exist. Some of these women had to end their schooling abruptly, while others had to run away from their homes, for fear of being persecuted. It appears that there are many more such victims languishing in different areas in these Provinces. Though some of them appear to have been direct victims of the war, others had been victims of the breakdown in social life following the aftermath of the war.

Therefore a need has arisen to increase opportunities for women to re-enter education systems in order to access career paths with higher returns. They also need to be provided with alternative schooling options as they would find it difficult to continue their studies while being the heads of households. As educational attainment in these Provinces appear to be lower than the national average, there is a need to improve education facilities and services in the region to enhance women’s right to education and make themselves employable.

Many of them who had got married during the beginning of the conflict find themselves with children of school-going age. Though some of them sent their children to the meagre primary schools available, many have dropped out of their schools. It was found that attendance to the few primary schools in the North and the East are very low compared with national statistics. Further, older children are motivated to drop out because jobs to match their education levels are hard to find. So they settle for manual labour jobs available in the area. This adds to the frustration of the women victims of the war who are unable to give a good education to their children.

Despite their activism, women have not been given a significant role in shaping transitional justice policies and other projects for their livelihood. Attempts by diaspora organizations to help them through co-operative societies did not bear fruit. The government largely has ignored the report of its Consultations Task Force on national reconciliation processes. This report has urged the importance of measures to help women to improve their lives. Occasional gestures by the Government by the release of small amounts of land or meetings by the President with the victims of the disappeared have not brought any confidence in the minds of these victims as the Government has repeatedly made statements that encourage the military to continue their occupation of the North and East in spite of the negative role they play in the development of the war victims. A new constitution, which could address the causes of war and help prevent its recurrence, continues to hang in the balance.

These women also insist that the truth and justice they seek must be part of a broader approach to meet their economic, social, psychological and security needs. This is specially so as the continued presence of the military reminds them of the atrocities committed against women during and soon after the end of the war. The military continues to be engaged in civil administration, agriculture and tourism. Military-run farms impede livelihoods.

The ICES study found that losses due to war including the loss of lives and resources have had a prolonged psychological impact on war-affected women. Hence there has arisen a need to provide community-based occupational therapy for women in affected areas, together with counseling facilities in hospitals. Many organisations have arranged for counseling facilities for these women in the Wanni Districts. In addition, encouragement has been given to use community-based, creative initiatives, such as community gardens, arts and crafts circles, and yoga, to address psychological health issues experienced by these women.

It is clear that women in the North and East have been more affected by the conflict and its aftermath than any other group in Sri Lanka. Tens of thousands of war widows and wives of the missing have been forced to become primary income earners, leaving behind traditional domestic roles and entering the public realm to engage politically, economically and socially. They do this in a highly patriarchal context regulated by rigid cultural and social practices, which has been made insecure by the continued presence of the military. That keeps them reminded of gender-based violence and abuse throughout the conflict. The constant reminders include a breakdown in social and family structures, post-war. As has been pointed out most have urgent unmet socio-economic needs and many suffer crippling trauma.

In the circumstances there is a need for a meaningful transitional justice programme to reduce their economic and physical vulnerabilities. Therefore there is a need for a well-designed and empowered Reparations Office to support an expanded and better coordinated programs for livelihoods, pensions, debt relief and psycho-social support. Similarly transitional justice, reconciliation and peace building programmes must be inclusive, gender sensitive and responsive to women’s war time experiences. To make such an effort successful strong political backing from the President and Prime Minister will be needed to overcome political and bureaucratic resistance. The Provincial Councils too should play a meaningful role. Likewise, funding and political support to community- and district-level women’s groups is essential.

In addition to this with the cooperation of donors and Provincial Councils, the economic needs of these women should be assessed and programmes that include an equitable and easy-to-understand pension scheme for victims’ families should be devised. Further funding for their education and of their children should be made available. It should be made possible for them to obtain affordable housing that will enable them to establish ownership or tenancy of land. State lands should be allocated to women who do not have land. In addition to that steps should be taken to reduce the impact of the military on civilian life specially in the North by ending the military’s surveillance of women’s homes, including ad-hoc visits; expediting the return of occupied private land and reducing the number of military camps and checkpoints.

Addressing the specific needs of the victims of the war and involving them more fully in the design and implementation of transitional justice programs are essential steps, both for reducing tensions in the North and for restoring hope that the political transition promised in 2015 can still be realised.

The issues faced by conflict-affected women may not be considered a priority because of the political upheavals taking place in Sri Lanka today. Yet the need to attend to these matters should not be forgotten. There cannot be a true reconciliation in the country so long as the women victims of the war in the North and East continue to remain unattended.

Editor’s Note: Also read “We are one but not the same” and “Invictus: Stories of Resilience from Mannar and Mullaitivu“.

An open letter to António Guterres: Sri Lanka’s troubling peacekeeping contributions

May 17, 2018

Earlier this month we wrote about the growing numbers of Sri Lankan troops participating in UN Peacekeeping missions, despite unaddressed allegations of serious human rights violations committed by them. Those allegations include the “widespread and brutal” use of sexual violence against detainees at the end of the civil war, as well as the systematic sexual exploitation and abuse of children by Sri Lankan peacekeepers serving in Haiti between 2004-2007.

Drawing on recent revelations by the National Human Rights Commission of Sri Lanka, as well as the findings of a new report by the International Truth and Justice Project, we argued that the arrangements currently in place to ‘screen out’ known and potential human rights abusers from these missions are failing – and that some of the world’s most vulnerable people have been exposed to grave risks of harm as a result.

Today we make our case in an open letter to the United Nations Secretary-General Mr António Guterres, and urge him to use the powers at his disposal to help rectify this appalling situation. You can read it below, or download it as a PDF here.

But we would also like your help. There exists a broader problem with the UN’s approach to peacekeeping which means that countries who fail to criminally prosecute acts of sexual violence by their armed forces – such as Sri Lanka – are still able to contribute troops to peacekeeping missions. A new campaign by the United Nations Association (UK), Mission:Justice, aims to close that gap. Please show your support for it by clicking here and ‘taking the pledge’ today.

Thank you.

H.E. Mr António Guterres
Secretary-General of the United Nations
Executive Office of the Secretary-General
S-3800, United Nations Secretariat Building
New York, NY 10017

17th May 2018

Open letter: ongoing impunity for sexual violence by Sri Lankan troops in the context of failing ‘vetting and screening’ of Sri Lankan peacekeepers

Dear Secretary-General,

I write on behalf of the Sri Lanka Campaign, a global non-partisan movement working, inter alia, to secure reconciliation in Sri Lanka based on accountability for violations of international law, to express our deep concern that ‘vetting and screening’ procedures currently in place to prevent the deployment of alleged and potential human rights abusers in the Sri Lankan military are failing – and that civilians in areas where Sri Lankan peacekeepers have been deployed have been put at grave risk of harm as a result.

As you will be aware, in June 2016 the government of Sri Lanka entered into an agreement with the UN mandating the National Human Rights Commission of Sri Lanka (NHRC) to conduct vetting and screening of all military personnel to be deployed to UN peacekeeping operations. This succeeded an ad hoc process of vetting and screening by the Office of the UN High Commissioner for Human Rights (OHCHR) in relation to 200 Sri Lankan soldiers being deployed to a mission in Mali.[1]

Unfortunately, several recent developments have indicated that the government of Sri Lanka has not respected the terms of that agreement. In February 2018, for example, it emerged that three Sri Lankan commanders, whose frontline combat experience in the final stages of the Sri Lankan civil war ought to have exempted them from any peacekeeping role, had been deployed to Lebanon.[2] Then, in April, the NHRC published a letter to the President of Sri Lanka in which they complained that another 49 soldiers had been deployed to Lebanon prior to the completion of vetting and screening by them.[3] The NHRC chairperson wrote:

“We were astonished in this regard since the Army was clearly aware that no army personnel could be deployed for UN peacekeeping operations without being subjected to vetting by the Human Rights Commission of Sri Lanka … Deploying soldiers who have not undergone the vetting process is a complete violation of the agreement made with the Human Rights Commission.”

Given credible allegations and findings concerning the past conduct of members of the Sri Lankan armed forces and security services, the fact that significant numbers of personnel (including high-ranking officials) were deployed in this manner is extremely alarming. Undoubtedly, it has exposed the civilian populations in question to completely unacceptable risks of harm

Those allegations include the “widespread and brutal” use of sexual violence by the Sri Lankan armed forces against Tamil detainees at the end of the war – a UN Human Rights Council mandated investigation (the ‘OISL’) having gathered “overwhelming information … showing that sexual violence was used against detainees, either as a very brutal form of torture or ill-treatment and as a form of sexual exploitation, at times involving gang-rape.”[4] They also include the findings of another UN inquiry, carried out by the Office of Internal Oversight Services in 2007, which highlighted the systematic sexual exploitation of children by at least 134 identifiable members of the Sri Lankan armed forces during a peacekeeping deployment to Haiti (MINUSTAH) between 2004-2007- a development which led to the then UN Secretary-General to call for the biggest repatriation of troops to date.

Not a single Sri Lankan soldier has been held criminally accountable in relation to these incidents.

In March 2016, the UN Security Council adopted Resolution 2272 on sexual exploitation and abuse by United Nations peacekeepers. It empowers the UN Secretary-General to “assess whether a Member State has taken the appropriate steps to investigate, hold accountable [perpetrators of sexual abuse and exploitation] and inform him of the progress of its investigations when determining whether that Member State should participate in other current or future United Nations peacekeeping operations.”

We therefore wish to ask:

Does the UN Secretariat consider the government of Sri Lanka to have taken appropriate steps to investigate and hold accountable the perpetrators of SEA, vis-à-vis the allegations and findings of the two aforementioned UN reports?

Given the absence of any form of criminal accountability in relation to the allegations and findings contained within them, does the UN Secretariat consider that Sri Lankan troops should participate in current or future United Nations peacekeeping operations?

Does the UN Secretariat agree that civilians where Sri Lankan troops are currently deployed have been exposed to unacceptable risks of harm as a result of the Sri Lankan Army’s manifest disregard for the process of vetting and screening by the National Human Rights Commission?

Will the UN Secretariat act to ensure the immediate repatriation of all known unvetted troops, in Lebanon and elsewhere?

Does the UN Secretariat agree, as prior conditions to any future deployments of Sri Lankan peacekeepers, that: a) the government of Sri Lanka must hold the perpetrators of sexual violence – including child rape – criminally accountable; and that b) a credible, independent and rigorous process of vetting and screening must be in place?

Finally, we wish to draw your further attention to the list of questions recently put to the Under-Secretary General for Peacekeeping by a collective of Tamil diaspora organisations (dated 1st May 2018), regarding the absence of vetting and screening in relation to members of Sri Lanka’s Special Task Force (STF) paramilitary unit, as well as concerns about Sri Lanka’s recently established Directorate of Overseas Operations.[5] We kindly request that your office also considers these questions.

Yours sincerely,

Richard Gowing

Director, The Sri Lanka Campaign

[1] A process overseen by competent, credible and independent experts, which has been described by some as ‘enhanced vetting’.

[2] http://www.britishtamilsforum.org/btf-news/open-letter-from-the-tamil-diaspora-to-jean-pierre-lacroix-under-secretary-general-for-un-peacekeeping-operations-new-york/

[3] http://hrcsl.lk/english/wp-content/uploads/2018/04/Letter-to-H.E.-President-re-Vetting-English.pdf

[4] http://www.ohchr.org/EN/HRBodies/HRC/Pages/OISL.aspx

[5] As highlighted in a recent report by the International Truth and Justice Project, who have shared preliminary lists of STF personnel who should be barred from participation in peacekeeping operations. See: http://www.itjpsl.com/assets/STF-report-online.pdf

Where is the timbre of reconciliation?

May 18, 2018, 10:22 pm

This is the Day of Peace – when the LTTE was finally defeated, at Mullivaikkal in the Mullaithivu District.

The path of peace is that, or should be that, of reconciliation. It is a word we have heard so often, especially in the past three years. President Maithripala Sirisena, who says he will not retire in 2020, when his term as President ends, has stated that reconciliation remains to be achieved.

But the President’s Office obviously has more important things than reconciliation today, such as the speedy appointment of that Anuruddha Polgampola as the Chairman of the State Timber Corporation. He was sent to Remand Prison – the second Timber Corporation chairman there. He has been bailed out.

There is very much more to go for reconciliation to be dealt with any seriousness – certainly more than the initial pledges of the so called Yahapalana Government.

We now have an MP of the Joint Opposition, from the SLFP – of which the President is the leader – calling for the resignation of the Military Spokesman, for not contradicting what the Cabinet spokesman, Minister Rajitha Senaratne, said about civilian deaths in the northern conflict.

It is all about commemorating the dead. There are big issues raised here about Mullivaikkal remembrances in the North. Minister Senaratne has said the Government permits only to commemorate civilians, those who became war victims. We understand, the LTTE was not an army of any State; It was a terrorist organisation, and its fighters were terrorist cadres. Why commemorate the terrorist dead or killed? But a journalist did raise an interesting question. What about the JVP - its victims – those civilians killed by that ruthless terror in the two uprisings of 1971 and 1989?

The JVP has two "Viru Samaru "or Hero Remembrance Days. The "Bak Maha Viru Samarauva’ on April 5, for the 1971 uprising, and the "Il Maha Viru Samarauva" for the 1989 uprising. The Minister said the JVP fighters were terrorists who sought to overthrow the elected governments. But the interesting fact is that those terrorist killers can be remembered, formally and openly, and not other terrorists – The difference appears to be one of South and North.

The families of the southern Sinhalese victims of the JVP terror must be having their own private remembrances, alms offerings, and prayers and wishes for good rebirths for those killed by JVP terror. Nothing big, nothing loud. But, the JVP that gave leadership to that two-phased terror, can publicly, proudly, and with much song (and even dance) remember and celebrate their dead killers or fighters who killed others!

That is the spirit of non-reconciliation that prevails in this Land of Peace.

It is a reconciliation geographically divided. The North and South are certainly not the same. Commemorations of the dead by the forces of terror, or the armed forces that defeated such terrorist forces, cannot be the same – they must differ in the North and South. Does it not mean that we are different people, although living in the same country, and members of the same nation - Sri Lankan? Yes, it does, and must be so, too.

Why raise such unnecessary questions – when the issue is one of who dominates whom?

Minister Senaratne is not one who deserves or receives much commends for his official and political statements. But he did say some truth on the issue of civilian casualties in war. When asked whether he was saying that the armed forces deliberately targeted civilians in the humanitarian operation (to defeat the LTTE). His reply was good: Not at all. I am saying it is impossible to prevent collateral damage in any armed conflict.

Even such a statement makes the forces against reconciliation very angry. They expect the Army Spokesman to refute the Minister, stop being the spokesman, and even say that no Army personnel should bear the post of Army Spokesman hereafter. Who should?

It is the spread of the North – South Divide. Nearly 10 years of post-war living, with much talk of peace, accountability, and reconciliation have done very little to ensure any of those three. Peace is certainly shaky, with the politics and slogans of confrontation rapidly spreading. Accountability is highly questionable, with the Missing Persons probe only just beginning, and that too with questionable confines. Reconciliation is the most and worst affected.

The timbre of true reconciliation is not heard in the increasing orchestration of dislike, hate and confrontation. These may come with a so-called scientific claim, as bad as in a Cabinet reshuffle, or with intellectual inspiration via Shangri-la. The tone of one of rising animosity and the beat of reprisal. Never the much-needed timbre of reconciliation.

ULTRA-NATIONALIST BUDDHIST RHETORIC RUNS RIFE IN SRI LANKA

By Nursheila Muez and Jessica Yeo Jia Lin, RSIS.-18/05/2018

A recent road accident involving a Sinhalese truck driver and four Muslim men in the Kandy district of Sri Lanka quickly spiralled into violent conflict following news that the driver died of his injuries days later. Attacks by mobs on Muslim homes and properties soon after prompted the Sri Lankan government to declare a state of emergency. This recent spate of anti-Muslim attacks in Sri Lanka is neither new nor random.

Just like in Myanmar, anti-Muslim sentiment is rising in the country as ultra-nationalist Buddhist rhetoric spreads. One of the key extremist groups in Sri Lanka responsible for such rhetoric is Bodu Bala Sena (BBS).

Formed in 2012, the BBS has been actively ‘defending’ Sinhalese Buddhism by stoking fears that other religious communities pose a threat to the Sinhalese majority. Such rhetoric largely targets the Tamil-speaking Muslim community and to a lesser extent Christians.

Rumours that Muslims are economically superior and will soon outnumber the Sinhalese often circulate online, which causes fear and distrust among the Buddhist majority. Some fear that they will soon be displaced through a Muslim ‘take over’. The BBS has also capitalised on the rise of global Islamist terrorism, using this trend to demonise Muslims in general.

Aside from spreading ‘fake news’ and stoking fear, the group also uses religion to justify its violent actions. Buddhism is articulated through its five precepts, the first of which stipulates that a Buddhist should abstain from killing. Many scholars have argued that recent Buddhist–Muslim clashes in Sri Lanka contradict the humanistic aspect of Buddhism. Ultra-nationalist Buddhist groups like BBS have argued the opposite — that Buddhist texts exist to justify their actions.

A popular historical and religious resource often used is the Mahavamsa, an epic poem that recounts the miraculous visit of Buddha to Sri Lanka. It focusses on the actions of Buddha, King Dutugemunu and King Ashoka. Many ultra-nationalist Buddhists have argued that the passages in the Mahavamsa permit dharma yuddhaya (‘the defence of the dharma’ (the eternal law and order of the cosmos), or ‘just war’) and the text has been used since Sri Lanka’s colonial days to this end.

A portion of the infamous canon details King Dutugemunu’s conversation with the arahants (the living representations of the dharma). The arahants tell the King that he should not feel troubled after killing over 60,000 men. To the arahants, war in Buddhism is justified if it is used in support of the religion’s moral foundations. This same passage was also used by one of Myanmar’s monastic leaders in November 2017 to defend the Myanmar armed forces’ violence against the Muslim Rohingya population.

Another popular mention in the Mahavamsa is of King Ashoka. Some believe that his act of war helped to spread Buddhism to the populations of those cities he conquered. Similarly, the Cakkavatti Sihanada Sutta is used by some ultranationalist Buddhists who believe the text states that violence can be justified in Buddhism if it is used for defence.

This does not at all suggest that Buddhism inherently promotes violence; Sri Lanka’s problems will not be solved by debating whether Buddhists are necessarily violent or benevolent people. Rather, the point is to acknowledge and accept that Buddhists who embrace an ultra-nationalist orientation are — just like extremist adherents of other faiths — people who experience fear, suffering, anger and violence. They may, as a result, turn to their religious texts and traditions to seek justification for their situation.

Religious scholar Scott Appleby posits that there is nothing inherently violent or peaceful about a religious tradition — how a religion manifests itself as violent or peaceful is largely dependent on how its adherents interpret the different resources available to them. This is why terrorists and peacemakers can coexist and adhere to the same religion. Appleby argues that religion’s ability to incite violence is intimately related to its equally impressive power for peace. It is therefore crucial that the focus in Sri Lanka shifts to the positive resources within Buddhism. Such a shift would help provide a compelling counter-narrative to the exclusivist and ultra-nationalist rhetoric spouted by groups like BBS.

In this context, civil society groups have a role to play in adopting moderate and humanistic teachings of Buddhism. A number of Sinhalese Buddhist leaders have already denounced the ongoing riots, but this move needs to be supplemented with a more long-term strategy of promoting religious resources for peace. Beyond Sinhalese Buddhists’ promoting a positive counter-narrative, it is also crucial that ultra-nationalist Buddhist groups re-think their attitude towards moderate Buddhist institutions, minority religious groups and the Sri Lankan state. For the country to move forward and to sustain the peacebuilding process, all of Sri Lanka’s institutions need to work closely together.

Nursheila Muez is a research analyst and Jessica Yeo Jia Lin is a student research assistant in the Studies of Inter-Religious Relations in Plural Societies Programme at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University, Singapore.

A version of this article was originally published here at RSIS.

CO18048-Ultranationalist Buddhist Rhetoric in Sri Lanka.pdf by Thavam on Scribd

The Selfless Leader & The People’s Lawyer

By Janahan Dhanabalasingam & Kumaresan Purantharan –MAY 16, 2018

Appathuray Vinayagamoorthy, a distinguished Tamil political leader, former Member of Parliament for Jaffna District, Leader of the All Ceylon Tamil Congress and well-known Human Rights Lawyer bade adieu to the world on 28 May 2017. In his long arduous political journey, spanning nearly six decades, he made a niche for himself in the Tamil political arena not by seeking to achieve fame but by serving the downtrodden. He was honest, straightforward and unswerving in his commitment to the Tamil nationalist struggle. This tribute is penned to mark the First Year Death Anniversary of this great human being.

Political Entry

Appathuray Vinayagamoorthy

Vinayagamoorthy made his political entry in the 1950s by enlisting himself with the All Ceylon Tamil Congress founded and headed by GG Ponnambalam QC. At the time, in Tamil politics two giant personalities were ruling the roost, GG Ponnambalam and SJV Chelvanayakam QC, though belonging to competing camps. Vinayagamoorthy, an Interpreter Mudaliyar at the time, was enamoured by Ponnambalam’s fiery argument and mesmerizing speeches. He committed himself to serve the people under the leadership of Ponnambalam. In no time, he became the trusted lieutenant of Ponnambalam running his political campaigns to magnificent victories.

With the demise of Ponnambalam, his son Kumar Ponnamabalam, a youth wing leader of the party, assumed his father’s mantle. Long-established rapport Vinayagamoorthy enjoyed with Kumar ensured smooth transition of mantle of leadership with both being able to move forward. The duo participated in the All Party meeting convened by the then President J R Jayawardene on 21 December 1983 in Colombo. Vinayagamoorthy contested the parliamentary general election for Jaffna district held in 1989. Due to the abnormal situation that prevailed in the peninsula at the time, he could not engage in campaign for the election. The All Ceylon Tamil Congress contested the parliamentary general election for Colombo held in 1989 as well. Kumar was the chief candidate with the list including distinguished people like Vinayagamoorthy, Dr Kumaraguruparan and Educationist Arunasalam. The ACTC failed to secure any seat as the Tamils in Colombo voted for either of the two major parties, the UNP and the SLFP, a worrying trend still lingering. Raising voice for the Tamils from the south was no easy task given the political climate in the country at the time. Yet, nothing deterred these fearless leaders.

Human Rights Attorney

In 1980, whilst in the government service, he enrolled with the University of Colombo as an external student to read Law. In 1983, he graduated and in the year 1985 he oath as an Attorney-at-Law of the Supreme Court of Sri Lanka. After devilling under Kumar, he established his own practice. Making money was never his motivation. Rather, he devoted his entire legal career to serving the innocent Tamil youths incarcerated under the Prevention of Terrorism Act and Emergency regulations without payment. He appeared for thousands of innocent Tamil youths on pro bono basis expecting nothing in return. Vinyagamoorthy appeared for Periyasamy Chandrasekaran, former cabinet minister, when the latter was arrested and detained under the PTA and secured his release. He never failed to make it a point of visiting Tamil political prisoners in prisons and detention centres across the country despite his ill health.

Vinayagamoorthy’s contribution to the fundamental rights can be illustrated by two landmark judgments passed by the Supreme Court. A Tamil youth, Vijayan Vimalenthiran was arrested by army officers under the Emergency Regulations from a lodge in Colombo on suspicion of involvement with the assassination of the Late President Premadasa. He was detained at Panagoda army camp without being produced before a Magistrate, a flagrant violation of the law. Vinayagamoorthy lodged a fundamental rights application with the Supreme Court on behalf of Vimalenthiran against the unlawful arrest and detention. The Application came up before a three-member bench comprising Justices ARB Amarasinghe, Wijetunga and Anandacoomarasamy. The bench in a landmark judgement held that fundamental rights of the Applicant guaranteed under Article 13 (1 ) and (2 ) were infringed. The Supreme Court held that no arrest can be made in contravention to the requirements laid down by the regulation. This case, A Vinayagamoorthy Vs Army Commander and Others is reported in the Sri Lanka Law Report ( 1997 ( 1 ) SLR and incorporated in the syllabus of the Sri Lanka Law College.

Another Tamil youth from the north, Nagamany Theivendran was arrested in Colombo in 1996 by the Terrorist Investigation Department ( TID ) under the Prevention of Terrorism Act (PTA) for undertaking armed training with the LTTE and being involved in activities for the movement. The Attorney General indicted him in the Colombo High Court. Vinayagamoorthy appeared for the accused. The only evidence relied by the prosecution was the confession purported to have been given by the accused voluntarily without duress in police custody. Vinayagamoorthy argued in the Voir Doire inquiry that the confession was extracted through torture and there was no corroborative evidence to implicate the accused and hence the confession can not be used against the accused. Though absent any corroborative evidence, the High Court after trial sentenced the accused to seven years rigorous imprisonment solely on the footing of the confession.

A two-faced Phantom is haunting the landscape!

Dissanayake, a newcomer to Parliament in 1970, attracted a great deal of attention

Both Dudley and JRJ treated Dissanayake like their prodigy

Premadasa’s beginnings were rather unambiguous

“It is far more difficult to murder a phantom than a reality.
~Virginia Woolf

2018-05-19

The United National Party (UNP) has somewhat a mixed record in governance. While on the sphere of the country’s economy it has had a praiseworthy score, its allegiance to socio-political liberalism, especially amongst a nationalist-minded Sinhalese Buddhist majority, has created quite a negative image. This has contributed to a rapid erosion of its voter base during the past two to three decades. That erosion of votes is particularly manifested in Parliamentary elections.

The performance at the recently held LG elections is just an emphatic illustration of that policy. Yet the J R Jayewardene (JRJ) era stands out as a period that really changed the country’s historical path. The socio-political changes that were introduced to a land, that was dragged down to the depths of economic disaster and social subservience, have withstood many a storm of ridicule and insult from an opposition that hasn’t contributed an iota of progressive reform except state-owned enterprises.

That political machinery JRJ presided over was manned by some educated (except R.Premadasa, although lacked formal education in a conventional sense, was very practical-minded and street smart) and bright students of politics. It resembled a classroom of extremely bright students under the safe umbrella of an exceptionally brilliant professor. R.Premadasa, Gamini Dissanayake, Lalith Athulathmudali, Nissanka Wijeratne, Ronnie de Mel, Gamani Jayasuriya and A.C.S Hameed were a batch of Cabinet Ministers who could turn any stagnant political-economy into a moving wheel of progressive growth and social development. And they just did that like a team of swashbuckling modern-day twenty-twenty cricket team.

However, from amongst these bright stars of J RJ’s team of management, two shone as extra bright ones. They were R. Premadasa and Gamini Dissanayake. The writer was briefed by a close friend and a person who was in the employ and happened to be the unofficial Chief of Staff of Gamini Dissanayake. The writer has no reason whatsoever to doubt the veracity and authenticity of the brief either. For easy reference of the reader, we’ll call him Mr. X. According to Mr. X, in the early days of the political career of Gamini Dissanayake, in the early to mid-seventies, Premadasa used to get on with Dissanayake quite well. At the time Dissanayake, a newcomer to Parliament in 1970, attracted a great deal of attention from both the media and those who were interested in politics in Parliament and outside. During Dudley Senanayake’s period from 1970 – 1973, until his death, both Dudley and JRJ treated Dissanayake like their prodigy, encouraging him at every turn of events.

Premadasa, being a politician with immense ego and ambition, was not a person not to notice this special attention given to a newcomer. All the accolades flowing towards Dissanayake from the two leaders of the Party did not go unnoticed by him. Premadasa’s beginnings were rather unambiguous. Yet his achievements in the field of politics are beyond compare. A determined man to the core of his being, R Premadasa in the context of Sri Lankan politics was an exception. His exceptionalism lay in the way he conducted himself in public. A man with immense personal energy, Premadasa, at the time, when the UNP was in the Opposition benches, set an example for up and coming UNP Parliamentarians and electorate organizers.

A politician with colossal ambition yet determined to follow a disciplined schedule to fulfill his ambition, reminded one of an athlete training for Olympics. Meeting his constituents at 4 o’clock in the morning, preparing his speeches for forthcoming rallies, handing research on various projects to his selected Government servants and other academics, visiting Sirikotha, Premadasa was truly an epitome of a leader. The goals he set for himself were achieved through commitment, hard work and personal dedication.

Feared more than being respected
With all these positive traits of a leader, Premadasa lacked one crucial character of a great one; he lacked a sense of security. On the contrary, JRJ was quintessentially secure in his leadership of the party. While JRJ never had to look over his shoulder to see whether there was any one pulling him back, Premadasa’s journey was fraught with a constant barrage of insults, abuses and vitriol. Yet he managed to attain his goal in the midst of an unprecedented series of violence and turmoil. His passion for revenge and propensity for Stalinist type of governance made him not the envy of Sri Lankan political society of the day; it made him a leader who was more feared than respected by his followers. Eventually his flirtations with Prabhakaran and the Liberation Tigers of Tamil Elam (LTTE) took its toll. A man who performed miraculous feats when he was the Premier under JRJ could do no miracles when he was the President of the country. His tenure as President lasted a mere three years. At the time he was bombed down by the LTTE, Premadasa was an unpopular leader and that was vicariously displayed by the lighting of fire crackers at his death. His son, Sajith, is considered as an automatic alternative to UNP Leader Ranil Wickremasinghe.

Dissanayake’s potential
Dissanayake’s story is different. He was first elected to Parliament in 1970. He was one of 17 MPs elected in an election debacle, in a real sense of electoral loss, greater than that which the UNP suffered in 1956. Dissanayake was the only new UNPer in Parliament when giants like M D Banda, E L B Hurulle, Montague Jayawickrama and others fell. One person other than Dudley Senanayake and JRJ saw Dissanayake’s potential and that person wanted to destroy his career at the very outset. He was Felix Dias Bandaranaike. At an election petition initiated by Felix Dias Bandaranaike, Dissanayake was unseated and the case looked quite strong. However, in order to bring another Parliamentarian, Nanda Ellawela-who got knocked off at another election petition- back into Parliament, an Act to Amendment the Ceylon (Parliamentary Elections) Order in Council 1946 was introduced, unwisely assuming that Dissanayake could be knocked off in the soon-to-be-held by-election.

It was not to be. Dissanayake not only won the by-election at a hard-fought battle in Nuwara Eliya. The duo of Felix Dias Bandaranaike and Wickrema Weerasooria drew their legendary battle lines along with it. Dissanayake’s rise in Parliament as an able speaker propelled him to be among the elite of parliamentary debaters. A when he fell short of R Premadasa, who had a thirty-year handicap over Dissanayake, by only six (6) measly votes at the UNP Organizers election on a secret ballot, he knew that he had arrived at the doorstep of leadership, a way ahead of time.
The rest, as they say, of Dissanayake’s achievements in such a short span of time that stretched a mere thirteen years, is history. Six colossal reservoirs (Victoria, Kotmale, Maduru Oya, Ulhitiya, Randenigala and Rantembe), 150,000 settler families, thousands of Swarnabhumi land owners, almost every hamlet with electricity, water to a block of land, parched and dry, reaching the pinnacle of cricket for our cricketing lads, are no mean tasks.

Premadasa/Dissanayake, the twin phantom of post-Independent politics in Sri Lanka is dreaded by those who opposed them. Any non-UNP politician, henchman or funder is now beholding the respective offspring of the duo. Sajith Premadasa and Navin Dissanayake can do wonders what minions would take eons to achieve. That is their promise. What has been left of any lasting value and measure by our politicians in the past three to four decades has been left behind by Premadasa and Dissanayake.

Rajapaksas need to worry. Theirs is a legacy of treachery, corruption, nepotism and white vans and disappearances. Navin/Sajith duo may well be the answer to this treachery. It may well be the answer to this social betrayal. Mahinda Rajapaksa knows it. His family knows it and above all, Wickremasinghe knows it. Wickremesinghe has to make use of this duo. If not, the UNP is doomed. Therein lies the answer.

The writer can be contacted at vishwamithra1984@gmail.com

Crook Polgampola’s bribe list with CID : President has sold ‘appointments’ for billions.!

President turns jittery –orders to somehow hide it from LeN !

(Lanka-e-News - 18.May.2018, 5.25AM) The most notorious bribe taker Anurudha Polgampola appointed as State Timber Corporation chairman by moronic president Gamarala who is a most close pal of his ( Anurudha) for a long time, has been a receiver of bribes over a long period !

Polgampola who lasted in his latest position as chairman for just six days , following his arrest on the 16 th morning by the CID had disgorged this information during the interrogation.

During an examination of the bank accounts of Polgampola , it had come to light there had been a large number of deposits ranging from Rs. 200,000.00 to Rs. 2.5 million which he could not account for. It has been confirmed that these were not deposits made by him , and those have been credited to his accounts in bank branches located in various districts. These monies have been collected by Polgampola as kickbacks to arrange meetings with the relevant individuals to get appointments with the president.

Among these depositors , there are a number of foreign investors , according to the CID.

During the extensive investigations it has come to light , this business of bribe taking had been carried on by the suspect citing the grounds that he would get an appointment to meet president Gamarala through the latter’s lackeys and lickspittles. It has also been revealed that Gamarala was fully aware that his lackeys and lickspittles were collecting bribes and kickbacks because nobody can meet him without his knowledge.

Among those at the top who collected bribes citing the grounds that they would get appointments with Gamarala are : Nalin Ranaweera , Weerakumara Dissanayake, Athureliye Rathane , Mahanama ( now remanded ) the ex chief of staff of Gamarala , president’s co ordinating secretary Shiral Lakthileke who is already tainted with accusations of NGO rackets , and Maithri Gunaratne , while Chamuditha Samarawickrema , the present member of staff of Gamarala , Miyuru Bashitha Liyanage, the cordinating secretary of parliamentry affairs and Dharmasri Bandara the media director are also behind this bribery collection racket of securing appointments with the president.

What is most rudely shocking is, all these ‘bribery appointments’ have been planned at the Paget Road residence of president Gamarala.

Based on the investigations conducted so far by the CID , some foreign investors have paid sums as large as Rs. 2.5 million for these ‘bribery appointments’ with the president . During the recent past it is Chathurika Sirisena who has arranged all the appointments in regard to foreign investors , it is now learnt.

Presidents of other countries in the world have secretaries to arrange appointments with them , but our president Gamarala from the very inception never had such a secretary . Now it is obvious to the world why Gamarala the pagarala did not have one.

When the CID had informed the president of this discovery on the 16 th , the president has flown into a rage (pretended), has berated all and sundry and cancelled all the appointments that were planned for the next few days.

The presently most embattled president whose name is being implicated in every racket detected , and locks the stable after the horse has bolted , had frightened his presidential staff by issuing a dire warning that he would take strict punitive measures against them if this monumental corruption is splashed in the newspapers .

He had specially instructed his staff to ensure that the news of these corrupt activities do not reach Lanka e news .

In fact the president has discussed with two of his closest cronies whether they could speak to Lanka e news editor and see to it the reports already published by LeN against him are withdrawn . He has entrusted this task of coming to some peaceful understanding with the editor , to these two cronies .