Wednesday, August 29, 2018

Remembering To Rebuild

Featured image by Raisa Wickrematunge

NAWAZ MOHAMMED- 08/28/2018

Another July has passed. A month filled with dark associations, thanks to “Black July”, a month that only escalated events leading to a three-decade war and a whole host of other ill effects that pushed the country backwards.

However, the month of August also holds huge importance in my memory. Half of my immediate family, including myself, was born in August, but some of the darkest memories I carry are also from that month. August 1990 – the year of the infamous massacre in the Kattankudy mosque. My village.

I was an early teen when I received news about the disappearance of my eldest brother Aarif, who had just turned 23 in 1989. The last we heard from him was that he was going to a police station in Colombo to visit an uncle who at the time was in police custody. He had said as much in his last phone conversation with my mother. At the time this happened, he was supporting my schooling in Bandarawela. A few months later, before I could even begin to fathom what had happened to my brother, we received news that my sister Seleena was among a group of Muslims believed to have been abducted and killed by the LTTE in Onthachimadam, between Kalmunai and Batticaloa.

She was 25. She was travelling back home to Batticaloa after visiting me in Bandarawela, and I was to accompany her, but due to an urgent matter that had to be attended to in school, I had not at the last minute.

For two full days, my entire family believed that I too was caught in this tragedy, as they couldn’t reach me by phone.

Both Seleena and Aarif had wonderful qualities. Seleena’s fluency and her passion for the Sinhala language, as well as her broad worldview were uncommon traits in Batticaloa, where I was born and raised. As a child I looked up to both my brother and sister as role models. Their qualities deeply influenced me and were instrumental in shaping me into the person who I am today.

In August 1990 – a few months after the news of my sister’s loss – more than 100 Muslim men and boys were killed while they were attending prayers in two mosques in my village – Kattankudy. I was left in deep shock and discomfort. For the first time, I felt fear and uncertainty about being a Muslim living in the East of the country. This incident was attributed to the LTTE. However, this violence wasn’t completely new to my family. Previously, I also lost two uncles to violence – one in 1987 and another in 1988. The first one was among a group of Muslim men believed to have been kidnapped by LTTE from Kattankudy and the second one was among a group of young Sinhala and Muslim friends caught up in an attack believed to be perpetrated by the JVP in Bandarawela.

All these incidents, and in such a short time, left me in a state of deep shock. It was around this period that the Government started to recruit and arm young Muslim men as Home Guards, with the aim of giving them the tools to protect their own villages and communities. These men didn’t receive adequate training, nor were they instilled with strict discipline. Even though in the beginning they fulfilled an important and heroic duty for their community, they later turned their weapons against not just Tamil civilians but their own community as well.

I had many options to choose from with regards to my future. All these options seemed feasible. I still remember how the more adversarial, violent options were more popular, prevalent, and indeed, attractive to youth and adults alike. The violence seemed to come from all fronts. On the one hand there were small informal Muslim groups that retaliated violently against the Tamil community, believing that it would help ensure their own community’s security. On the other hand, there were opportunities to wield power, influence and wreak violence if you joined the Armed Forces.

At this time, I was deliberating on who should be blamed for all that had happened to my family and I. The “perpetrators” list unfolding in front of me was long. The LTTE, the police, the Government, the JVP and men from my own community were all on this list. I quickly realised that the issue was not simple and straightforward. My conscience told me that it’s not just an issue of choosing between options A and B, or options B and C. These incidents and experiences were emanating from deep-rooted structural problems. Even though I was extremely sad and felt helpless with this realisation, I didn’t want to remain angry with any person, group, or community.

This process of deep reflection and my mother’s continued mentorship around the Islamic principles of “peace”, “mercy” and “justice,” fueled in me a strong desire to make a difference in my country. With my mother’s support, I had the opportunity to interact and understand the “Other” through schooling and life as a boarder. Gaining the ability to be tri-lingual and engage with others made me strongly believe that a positive change was possible and I could contribute towards it. Being tri-lingual was a unique experience when I was growing up in Sri Lanka. It remains a rare asset even now. It gave me the opportunity to communicate with and understand diverse Sri Lankan communities and gain friends across divides, even in conflict.

We always hear arguments and counter arguments about whether remembering is good for peacebuilding and reconciliation, or vice versa. Remembering is a painful affair, but completely forgetting the awful and inhumane experiences from our past is impossible. Whether we like it or not they will be a part of our lives. I think it is important that we create an environment and culture in which remembering is dealt with constructively – in a way for individuals, families and communities to heal, better understand and empathise with each other. In this way, we can stand together as a nation committed to prevent the creation of yet another violent conflict.

All mainstream narratives of Sri Lankan histories are of rulers, the powerful and the warriors. But, what about ordinary citizens – average folks who have sacrificed so much in terms of the loss of loved ones, properties and opportunities? Those who are displaced? Are we ready as a nation to recognise and acknowledge their pain, sacrifice, resilience, and patience, and listen to their vision for future generations?

This inspired me, along with friends and colleagues, to co-champion the Community Memorialisation Project, which collected personal experiences of violence in Sri Lanka. Hundreds of these stories were not only shared widely with Sri Lankans but also used to generate dialogue among diverse communities, in order to foster better understanding and empathy. This gave me enormous pride and contentment.

I am blessed as well as proud to be Sri Lankan, because I am tri-lingual. So are my wife and three children. We have all made an active effort to connect with the “Other”- to meet, engage with and understand them better. We all want a mutually shared future that all Sri Lankans could be happy and proud of. The opportunities and circumstances that I was presented with were entirely by chance, but it is a clear and strong choice that my wife and I are making for our children – to work hard towards a vision for our children to live in a Sri Lanka that is prosperous, just and peaceful.

Editor’s Note: To read more content marking 35 years since Black July, click here.

MMDA Reforms Need To Be Implemented With Or Without ACJU Which Does Not Represent The Community

By Latheef Farook –AUGUST 28, 2018

Latheef Farook

About fifty years ago when I started my journalistic career with the now defunct Sun newspaper the then Justice Minister K.W Devanayagam asked me; why are the Quazi Courts so corrupt? Why don’t the community reform it to prevent divorces and misery to families?

I didn’t know what to say, but passed his concern to Abdur Razak Jamali, Mashood Alim and Noori Hazarath- all prominent members of All Ceylon Jamiyyathul Ulema-ACJU.

Fifty years later today where are we? The situation is worse manifold?

Realizing the need to review the Muslim personal law and reform the system of Quazi Courts, former Minister of Justice and Law Reform Milinda Moragoda appointed a committee chaired by Justice Saleem Marsoof in July 2009 to propose amendments to upgrade Quazi Courts. After dilly dallying for nine long years, due to ACJU manipulations as accused by many, Saleem Marsoof committeehas submitted its report on 18 July 2018 to the government.

Now that the report wasreleased isn’t it time for all including ACJU- to help implement its recommendations .Some suspect that this long delay on the part of the president and prime minister is due to ACJU opposition as they wrongly believe that the ACJU controls the Muslim vote banks.

Thecommunity has not given any mandate to ACJU which has arrogated itself the power to dictate terms to legal experts and intellectuals on a matter in which it has no monopoly of expertise? According to reports the ACJU has strongly opposed any amendments to the Act stating that it is of divine origin and “perfect in the present state”.

Thus created dissent and division within the Committee. Under the circumstance, the community cannot expect ACJU, which has emerged as one man show of its controversial president, to help implement these recommendations.

However implementing these recommendations is essential in the interest of the community. So far, due to ignorance, he Muslim community has failed to give the rights and privileges given by Islam to women. Time has come for Muslim women too to play their role and make their contributions to families, community and the country, within the framework of Islam.

As it is now MMDA is not strictly monitored by the State and therefore it is misused/misapplied by ulemas to make girls victims as they are given in ‘marriage’ easily to fun-seeking foreign ( mostly from the Gulf) men mulch older and, in some cases married to many others back in their countries.

Educated and enlightened Muslim women are already demanding change and have organized into ‘silent’ agitation groups. They feel that they too have a right to play a significant role in decision making when it comes to their own life. If Muslim women’s views are not respected and required changes to MMDA are not made they (Women) too are likely to show their displeasure at the next polls and, as the trend goes they cannot be dictated even by their husbands about how they will vote. A

ACJU is only an association of those who have gone to Schools of Theology and therefore has no authority to speak for the entire community. It has no power to dictate to the women folk who are being enlightened in the electronic era.

The ACJU, formed in the mid 1920s when religious people, though not well known scholars, were respected due to their impeccable honesty, sincerity, integrity and piety.

The situation has changed today with moulvis blending business and religion becoming pawns in the hands of many. On the other hand the ACJU was not given the right to represent the community and the enlightened elements in the community oppose many policies of ACJU.

The ACJU claims that it is an organization of ulemas- religious scholars. The question is most so called ulemas passed out from out dated madrasas remain unqualified to deal with burning current issues which strikes at the very root of the community’s existence.

I remember somewhere in 1970s respected Islamic scholar Dr M.A.M. Shukry spoke about Islam’s contribution to humanity during an iftar function in Colombo. The then Iraqi Ambassador Thowfeek Abdul Jabbar asked me about Dr Shukry. When I asked him why, the ambassador said “Dr Shukry spoke so well on Islam in fine classic Arabic which he, as an Arab, could not speak.

Now the question is why such eminent Islamic scholars have no place in the ACJU?

In fact he deserves to be ACJU president.The ACJU today, has become a liability on the community in view of its controversies and lost the confidence of most in the community.

For example deviating from the goals of founding fathers, ACJU politicized the organization pitting the community against the other communities.

The controversy over halal certificate business was exploited by anti-Muslim forces to unleash violent campaign pitting Sinhalese against Muslims. ACJU president’s visit to Geneva to defend the Rajapaksa government on the issue of war crimes against Tamils during the final stage of the war turned the Tamils against the Muslim community.

In 2013 more than 20 people including ulemas from the ACJU branch in Kinniya sighted the moon and tried to pass the message. However they failed to contact ACJU and forced the community to fast while people in and around Kinniya observed Eid Al Fitr. People in the east were so fed up that they decided to start their own ulema association.

Controversial statements such as describing face cover as compulsory in Islam without citing Holy Quran nor Hadees misled non-Muslims and harmed the community.

Few years ago on the repeated advise and appeal of ulemas many Muslims invested their hard earned millions in Ceylinco Finance Company which went bankrupt turning investors overnight into penniless. Is this the work of Ulemas?

Is this the work of ACJU? The list of wrong doings continue.

People were sick and tired of controversies. During last Eid al Fitr moon sighting controversy ACJU top official was escorted to his vehicle to prevent attack on him.

However the environment in the ACJU is such that most ulemas were afraid to speak out as they fear serious repercussions. They have families to support and can’t afford to lose their jobs. Their mouths are sealed with incentives and blackmail.

Thus the need of the hour is to thoroughly reorganize the ACJU to bring in non- controversial ulemas who are respected by the people.

This is essential because powerful destructive anti Muslims forces such as Israelis, Evangelical Christians and India’s RSS and VHP are here plotting against Muslims. Does the ACJU aware of these threats leave alone taking measures to enlighten the people using at least Juma sermons and ensure the community’s safety

Ridiculous state of affairs of the politically bankrupt and sinking Muslim community is such that fourteen civil society organizations led by ACJU met President Maithripala Sirisena four days after violent attacks on Muslims in Digana and Akurana. Instead of showing the community’s anger the delegation thanked president Sirisena for working for communal harmony while Muslims whose houses were burnt to ashes and lost all their belongings due to government’s failure to protect them were in tears in Akuranaand other places with no cloth to change or no food to eat.

The ACJU assuming leadership of the community has failed in its role as it has become

subservient to political patronage and the benefits that go with it as opposed to the

need to work to the welfare of community interests. Often their actions only seem to be degrading rather than focusing on the cohesiveness of Islamic brotherhood.

Under the circumstance the only inevitable option is for independent religious scholars to come forward and help implement changes recommended in the Saleem Marsoof report.

Reiterating this columnist Ameer Faaiz had this to state in his article in the website Colombo Telegraph that Reforms proposed in the Justice Marsoof’s Committee’s Report are within the limits of Islamic law (Shariah).

The diabolical actions of the ACJU are further highlighted by the fact that in 1951, its members, as the premier council of theologians, protested against the enactment of the Muslim Marriage and Divorce Act in the vicinity of the Old Parliament near Galle Face on the basis that they were not consulted despite repeated requests for hearing from the then Minister of Home Affairs. Blissfully forgetting that, now the very same pseudo Mullas or their offsprings are crying foul, falsely alleging that it is Shariah and thus cannot be amended.

Enforced disappearances; families have a right to know

2018-08-30

Today is the United Nations International Day of the Victims of Enforced Disappearances and the topic has deep relevance to Sri Lanka because of what happened, especially after the end of the war in 2009 and during the past few decades.

In a statement the UN says enforced disappearance has frequently been used as a strategy to spread terror within the society. The feeling of insecurity generated by this practice is not limited to the close relatives of the disappeared, but also affects their communities and society as a whole.

Enforced disappearance has become a global problem and is not restricted to a specific region of the world. Once, largely the product of military dictatorships, enforced disappearances can now be perpetrated in complex situations of internal conflict, especially as a means of political repression of opponents. Of particular concern are, the ongoing harassment of human rights’ defenders, relatives of victims, witnesses and legal counsel dealing with cases of enforced disappearance the use by States of counter-terrorist activities as an excuse for breaching their obligations and the still widespread impunity for enforced disappearance, the UN says.

According to the UN, special attention needs to be paid to specific groups of specially vulnerable people, such as children and people with disabilities. On December 21, 2010, by a resolution the UN General Assembly expressed its deep concern about the increase in enforced or involuntary disappearances in various regions of the world, including arrest, detention and abduction, when these are part of or amount to enforced disappearances and by the growing number of reports concerning harassment, ill-treatment and intimidation of witnesses of disappearances or relatives of persons who have disappeared.

By the same resolution, the Assembly welcomed the adoption of the International Convention for the Protection of All Persons from Enforced Disappearances and decided to declare August 30 as the International Day of the Victims of Enforced Disappearances.

On Monday, a UN report said that Myanmar’s top military figures must be investigated for genocide in Rakhine State and crimes against humanity in other areas, British Broadcasting Corporation (BBC) reported. The report, based on hundreds of interviews, is the strongest condemnation from the UN so far of violence against Rohingya Muslims. It says the army’s tactics are “grossly disproportionate to actual security threats”. Myanmar rejected the report. At least 700,000 Rohingya fled violence in the country in the past 12 months. The report names six senior military figures it believes should go on trial and sharply criticises Myanmar’s de facto leader, Nobel Peace Prize laureate Aung San Suu Kyi, for failing to intervene to stop attacks. It calls for the case to be referred to the International Criminal Court (ICC).

The government has consistently said its operations targeted militant or insurgent threats but the report says the crimes documented are, “shocking for the level of denial, normalcy and impunity that is attached to them”. “Military necessity will never justify killing indiscriminately, gang raping women, assaulting children and burning entire villages,” the report says. The UN mission did not have access to Myanmar for its report but says it relied on such sources as eyewitness interviews, satellite imagery, photographs and videos, the BBC says. Meanwhile on the ninth anniversary of the end of the war in Sri Lanka, Amnesty International has urged the government to provide information and detailed lists to the families of the disappeared and information of persons who surrendered to the armed forces in the final phase of the war.

President Maithripala Sirisena, acknowledging the grievances presented by family members in June 2017, promised that he would instruct the National Security Council to release these lists, AI said. According to surviving family members, more than 100 LTTE cadres who surrendered to the Sri Lankan army near the Vadduvaikkal Bridge in Mullaitivu at the end of the war in May 2009, have subsequently disappeared, AI claimed.

According to the AI, Sri Lanka has one of the world’s highest number of disappearances, with a backlog of between 60,000 and 100,000 alleged disappearances since the late 1980s, the most publicised of them being the case of journalist Pradeep Ekneligoda. Given the lack of accountability for these cases, Amnesty International has noted that there is no shortage of examples of thwarted justice in Sri Lanka. Thankfully the government has now set up Special High Courts and the Office of Missing Persons. We hope that through these and other means the cases of enforced disappearances will be sorted out and justice done to the victims and families.

SUSPECT’S LAWYER ADMITS THAT ABDUCTED JOURNALIST KEITH NOYAHR KEPT IN A MILITARY INTELLIGENCE SAFE HOUSE

29/08/2018

A lawyer for the defence, in the journalist Keith Noyahr alleged abduction and assault case, yesterday (27), told Court that the safe house named Baduwatte Walawwa, which had come up in connection with the case, had been operated and maintained by the military intelligence.

This was revealed before Mount Lavinia Additional Magistrate Lochana Abeywickrema by Attorney-at-Law Shehan de Silva, appearing for the eighth suspect, former Army Intelligence Chief, Retired Major General Amal Karunasekera.

Appearing for the prosecution, Senior State Counsel (SSC) Lakmini Girihagama said, that continued investigations had been conducted into whether that safe house was one operated and maintained by the military intelligence and a questionnaire in this connection had also been sent to the Secretary of Defence, for the purpose of confirming whether that was the case. But, that the fact had now come right out of the defence’s mouth.

The prosecution further said that they had even obtained for the Court, electricity bills, water bills, tax documents, and various other sensitive documents pertaining to the safe house, in order to ascertain the same.

The Additional Magistrate ordered the Criminal Investigation Department (CID) to record a special statement from the eighth suspect, as a contradictory position had been taken up by that suspect in the first instance, in open Court, through his lawyer.

The Magistrate also ordered that replies to the questionnaire sent to the Defence Secretary be obtained within 14 days, adding that if that was not to be the case, the Court would consider issuing a suitable order in this connection.

SSC Girihagama said that upon receipt of the answers to the questionnaire, sent to the Defence Secretary, the prosecution would consider whether further investigations would be conducted or halted or whether charges would be filed.

The eighth suspect, who is presently in remand custody, was yesterday produced in Court by prisons officers.

The CID’s Officer-In-Charge Nishantha Silva and SSC Girihagama appeared for the prosecution.
Magistrate Abeywickrema ordered that the suspect be re-remanded until 10 September and indefinitely put off a decision on bail for the suspect.
By Kavindya Perera / ceylontoday
—
Amal Karunasekara re-remanded in connection with Noyahr abduction

August 27, 2018 by

Former Director of Military Intelligence and Chief of Staff of the Army Major General (Retired) Amal Karunasekara who was arrested in connection with the abduction and torture of journalist Keith Noyahr has been further remanded until 10th September.

The order was passed by the Mount Lavinia Magistrate’s Court today (27th).

Journalist Keith Noyahr was abducted near his residence at Vaidya Road at Dehiwela on 22nd May 2008 was tortured and released after several days. Mr Noyahr had to be hospitalized for treatment. Major General (Retired) Amal Karunasekara was arrested on 5th April.

A statement was recorded from the retired President Mahinda Rajapaksa on information received regarding the incident so far.

Body of young woman found in Kilinochchi

The body of a young Tamil woman was found in the Pannangkandi area of Kilinochchi this morning.

29Aug 2018

Her body, lying face down, was found inside the Iranaimadu irrigation canal by locals, who alerted the police.

A belt believed to be part of the Civil Security Department uniform was found nearby, along with pens, a set of motorcycle keys, an anklet and a sandal.

The woman is believed to be a 32 year old mother from Murikandi, Mullaitivu named Nithiyakala Karuppaiah, who is understood to have worked as a civil security officer at a garment factory in Ariviyal Nagar, Kilinochchi.

Related Articles:

04 July 2018 : Body of missing man found in Mullaitivu

24 May 2018 : Body of missing man found with throat slit in Mullaitivu

20 April 2018 : Body of missing Tamil man recovered in Mannar

05 January 2018 : Body of young Tamil man recovered from Jaffna well

MOVES UNDERWAY TO ARREST CHIEF OF DEFENCE STAFF

Lakmal Sooriyagoda-Thursday, August 30, 2018

The Colombo Fort Magistrate yesterday ordered the CID to take necessary action to arrest former Navy Commander and Chief of Defence Staff (CDS) Admiral Ravindra Wijegunaratne.

The order was made on condition that there is sufficient evidence to prove that he had aided and abetted Navy officer Chandana Prasad Hettiarachchi alias Navy Sampath to evade courts regarding the magisterial inquiry into disappearance of 11 youths.

Magistrate Lanka Jayaratne made this order when the Magisterial inquiry into the disappearance of 11 youths in 2008 and 2009 was taken up for inquiry yesterday.

Chief Inspector Nishantha Silva of the Criminal Investigation Department informed court that there is sufficient evidence to support that CDS Admiral Ravindra Wijegunaratne acted in a manner to prevent the tenth suspect Lt. Commander Chandana Prasad Hettiarachchi being arrested over the disappearance of 11 youths in Colombo.

Meanwhile, Chandana Prasad Hettiarachchi alias ‘Navy Sampath’ arrested in connection with the abduction, torture, extortion and murder of 11 persons in 2008 and 2009 was yesterday ordered to be further remanded till September 12 by the Colombo Fort Magistrate’s Court.

Court was informed that Attorney Ajith Prasanna had appeared on behalf of Chandana Prasad Hettiarachchi during the previous magisterial inquiry without the suspect’s consent or his instructions. Counsel Kalpa Perera appearing on behalf of the suspect told court yesterday that his client had never given instructions to Attorney Ajith Prasanna to act on behalf of him.

The tenth suspect had been impersonating a guard named Polwattage Gallage Ashoka with a fake National Identity Card. He had been working as a guard in an estate in Dompe.

Hettiarachchi was in the Sri Lanka Navy in the rank of Lt. Commander. He was wanted by police in connection with kidnapping for ransom, illegal detention and murder of 11 youths in 2008 and 2009.
Previously, he had been issued an open warrant to be arrested by the Fort Magistrate’s Court.
The CID is currently investigating the abduction and disappearance of 11 youth and several navy personnel have been arrested in this connection including former Navy spokesman Commodore D.K.P. Dassanayake.

The CID is investigating the abduction and disappearance of 11 youth based on a written complaint by then Navy Commander Admiral Wasantha Karannagoda to the DIG CID on May 28, 2009 against his personal security officer, then Lt. Commander Nilantha Sampath Munasinghe following which the CID was able to uncover the Navy’s involvement with the abductions.

Those abducted were Kasthuriarachchilage John Rit alias John, Rajiv Naganathan alias Malli, Pradeep Vishvanathan, Tillakeshwaran Ramalingam, Mohomed Sajith, Jamamdeen Dilan, Amalan Leon, Roshan Leon, Anthony Kasthuriarachchi, Theagaraja Jegan and Mohomed Ali Anver alias Hajiyar.

OIC of CID’s Gang Robbery Unit-Chief Inspector Nishantha Silva appeared for the prosecution.
Counsel Kalpa Perera appeared for the suspect. Counsel Achala Seneviratne appeared for the aggrieved party.

Release All Lands Held By Army: TNA Tells President

AUGUST 28, 2018

The Tamil National Alliance (TNA) complained to President Maithripala Sirisena that despite nine years having passed since the war ended, the armed forces continue to occupy agricultural and residential lands.

The TNA made this observation at a meeting of the Presidential Task Force on the Development of the North and East yesterday (27th) at the Presidential Secretariat. Several ministers, government MPs and all TNA parliamentarians attended the meeting which was presided over by Sirisena.

The TNA, responding to the President’s claim that 88% of the land held by the Army when his government assumed office had already been released, pointed out that 75 acres of private land in Keppapilavu, Mullaitivu, was still held by the Army and discussions with the President and high ranking Army officials had not met with any success.

The TNA delegation also claimed that people were ‘greatly harassed by the actions of the Forest Department, Wildlife Department and the Archeological Department’.

According to a media statement released by the party, ‘the Forest Department and the Wildlife Department are planting boundary stones and taking possession of lands that had been abandoned by people during the war and which had thereafter gone to jungle’.

They called for a meeting attended by the heads of the above three departments, the Land Commissioner, and the Government Agents of the districts in the North and East to address this issue and resolve the aforesaid problems of the people.

The full text of the media release is given below:

Mr. Sampanthan Thanked the President for inviting the TNA to the meeting and stated that he would raise some fundamental issues. He stated, that 16 out of the 18 Tamil members of Parliament from the North and East are from the TNA and the TNA has more members from the North and East in Parliament than all other political parties put together. The democratic verdict of the people of the North and East should be respected.

He further stated, the Tamil people were very badly affected by the devastation and the destructions that occurred during the war.

His excellency the President stated that 88% of land held by the army when his Government assumed office has been released.

But the fact remains even 9 years after the conclusion of the war both agricultural land and residential land lands yet continue to be in the possession of the armed forces. One glaring instance was Keppapilavu in Mullaitivu district. Where 75 acres of private land owned and possessed by local people for generations and centuries was yet held by the army. This mater has been discussed with both the President and army high-up’s several times.

For there to be reconciliation and national integration all land belonging to the people which are now in the possession of the armed forces should be released without any further delay.

TNA RAISES ISSUES OF POLITICAL SOLUTION, LAND, COLONIZATION & OTHER LIVELIHOOD ISSUES WITH PREZ SIRISENA

28/08/2018

(Press Release / 28.08.2018.)

The Meeting of the Presidential Task Force on the Development of the North and East took place yesterday (27.08.2018) at the Presidential Secretariat. The meeting was presided over by His Excellency the President. Several ministers and government members of Parliament and Government Officials participated at the meeting. All the Tamil National Alliance (TNA) Members of Parliament headed by Hon R Sampanthan the Leader of the Opposition and the Tamil National Alliance, including Hon Mavai Senathirajah Leader of the ITAK, Hon Selvam Adaikkalanathan Leader of the TELO and Hon Tharmaligham Siddarthan Leader of the PLOTE and all other district Parliamentarians other than Hon M.A. Sumanthiran Jaffna District, and Hon. Sivashakthi Ananthan Vanni District were present. Mr. Sumanthiran is out of the country.

Mr. Sampanthan Thanked the President for inviting the TNA to the meeting and stated that he would raise some fundamental issues. He stated, that 16 out of the 18 Tamil members of Parliament from the North and East are from the TNA and the TNA has more members from the North and East in Parliament than all other political parties put together. The democratic verdict of the people of the North and East should be respected.

He further stated, the Tamil people were very badly affected by the devastation and the destructions that occurred during the war.

His excellency the President stated that 88% of land held by the army when his Government assumed office has been released.

But the fact remains even 9 years after the conclusion of the war both agricultural land and residential land lands yet continue to be in the possession of the armed forces. One glaring instance was Keppapilavu in Mullaitivu district. Where 75 acres of private land owned and possessed by local people for generations and centuries was yet held by the army. This mater has been discussed with both the President and army high-up’s several times.

For there to be reconciliation and national integration all land belonging to the people which are now in the possession of the armed forces should be released without any further delay.

The people are also being greatly harassed by the actions of the Forest Department, Wildlife Department and the Archeological Department. People had been displaced from their land as a result of the war for several decades and the land is now grown with jungle. The Forest Department and the Wildlife Department are planting boundary stones and taking possession of these lands. Actions of the Archeological department are also causing harassment to the Tamil People.

Tamil people have not been issued permits for lands possessed by them for several decades. A meeting should be convened attended by the heads of the above three departments, the Land Commissioner, and the Government Agents of the districts in the North and East to address this issue and resolve the aforesaid problems of the people.

People were unable to receive various benefits for development of their lands because they are not yet been issued with permits for the lands possessed by them. This issue must be addressed at the earliest.

A serious situation pertaining to land prevails in the Mullaitivu District. A new system described as system “L” was proclaimed under the Mahaweli Act in the 1980s, even before any water from the mahaweli came to that area. This was where a settlement known as “Welioya” or “Manalaaru” was created in that area comprising of persons from other districts of the country. Consequent to protests the programme was in suspension for some time. During the term of the previous government some further settlement of persons from outside took place in this area. There are numerous complains that the programme is thought to be renewed now and that there is a proposal to settle persons from outside of Mullaitivu in these lands.

Mr. Sampanthan stated that this should not be allowed. If water was brought to Mullaitivu from outside land in Mullaitivu without irrigation facilities should receive irrigation facilities and the people who own and cultivate the lands should be the beneficiaries. Landless people in Mullaitivu entitled to receive state lands must be also be beneficiaries under such a program. The President immediately contacted some authority by telephone and gave the assurance that no such program would be implemented and that he himself would visit the area with the TNA members of Parliament and ascertain the correct position.

Mr Sampanthna also refer to the discrimination against Tamil youth in employment in the public sector. He said that Sinhalese ministers were looking after the Sinhalese youth and Muslim ministers were looking after Muslim youth only negligible number of Tamil youth receives employment through some ministries and grave injustice is being perpetrated on Tamil youth both males and females. Such action will not lead to reconciliation or national integration. It is necessary to address this issue as an urgent issue.

Mr. Sampanthan also emphasized that the political resolution to the national question through the enactment of a New Constitution is fundamental to national integration and reconciliation. There could be no reconciliation or national integration until there is a political resolution to the national question.

Mr Sampanthan stated that since the enactment of the 13^th amendment to the Constitution much work has been done by successive Governments and presidents to formulate an acceptable solution. During President Premadas’s time there was the Mangala Munasinghe select committee proposal, during president Chandrika Bandaranayaka Kumarathungaka’s time there was the August 2000 proposal, during President Mahinda Rajapaksha’s time there was the APRC proposal proposed by the chairman of the committee Prof. Tissa Vitharana. Much work had been done and much consensus has been reached through these proposals. It is fundamental that there has to be an acceptable political resolution to the national question within the framework of an undivided indivisible Sri Lanka, if there is to be reconciliation and national integration.

Regarding the development in the North and East Mr Sampanthan said, that the following areas could be identified as important sectors.

Agriculture
Industries
Fisheries
Livestock development
Housing
Main Roads
Major Irrigation
Health
Education
Generation of Employment

Mr Sampanthan also urged that the private sector should be involved in such development with export promotion being actively encouraged. All other TNA members of Parliament from all districts also expressed their views and participated in the proceedings.

Interpreting The 19th Amendment

By Neville Ladduwahetty-August 28, 2018, 9:02 pm

The hot topic in town is whether former twice elected Presidents Chandrika Kumaratunga and Mahinda Rajapaksa are qualified to seek reelection under provisions of the 19th Amendment. Dr. Nihal Jayawickrama in a legally well analyzed article titled "Disqualifying Twice Elected Presidents – A Failed Endeavour" (Sunday Island, August 19, 2018) argues that since Parliament did not provide in the 19th Amendment, a disqualification that would apply retrospectively former twice elected Presidents are not disqualified from seeking reelection.

The disqualification referred to above is in Article 4(2) of the 19th Amendment. This Article states: "No person who has been twice elected to the Office of President by the People, shall be qualified thereafter to be elected to such office by the People". Although the 19th Amendment was challenged in the Supreme Court and certain issues were addressed, other issues remain unconstitutional despite them being enacted into law.

In addition to the issue of Parliament failing to provide for disqualification to apply retrospectively, as raised by Dr. Jayawickrama, what is of relevance is that the guiding principle should be that provisions of the 19th Amendment should be applied only to those issues specifically addressed by the amendment, and all other provisions should remain untouched and intact as in the original 1978 Constitution and related amendments. Under these circumstances, the clear distinction between pre- and post-19th Amendment makes the disqualification applicable only to future twice elected Presidents and not to former Presidents.

The current President was elected by the People on January 8, 2015 under provisions of the 1978 Constitution and related amendments while the 19th Amendment became law on 15th May 2015. Therefore until May 14, 2015 the President was required to act under provisions of the 1978 Constitution and related amendments, and thereafter based on the principle cited above, the present President should act and function under a combination of provisions of those specified in the 19th Amendment together with the remainder of the 1978 Constitution and related amendments.

SEPARATION of POWERS

A related question that would have a cogent bearing is the role of Franchise as an integral part of the sovereignty of the People. The people of Sri Lanka used their right of Franchise and elected a President to "exercise their executive powers". These powers are specified in the 1978 Constitution. Under the circumstances of separation of powers, Parliament does not have Legislative Powers to amend the powers of the President by any degree specified in the 1978 Constitution, without seeking the views of the People through a referendum.

This limitation arises from Article 3 which states: "In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise". Since separation of powers is the linchpin of the Constitution, one branch, e.g., the Legislature cannot tinker with another, e.g., the Executive and vice-versa, without seeking the approval of the People. In the absence of this safeguard, there is a strong possibility that a Legislature could seriously undermine the authority of the Executive, thus impacting on the sovereignty of the People. The 19th Amendment is an example of such an attempt.

This aspect was highlighted during the course of hearing the petition filed against the 19th Amendment. The Supreme Court in its determination stated: "…the Court in the Nineteenth Amendment determination came to the conclusion that the transfer, relinquishment or removal of a power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution. Though Article 4 provides the form and manner of exercise of the sovereignty of the people the ultimate act or decision of this executive function must be retained by the President. So long as the President remains the head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field and to others to whom such power is given must derive the authority from the President or exercise the Executive power vested in the President as a delegate of the President. The President must be in a position to monitor or to give directions to others who derive authority from the President in relation to the exercise of his Executive power. Failure to do so would lead to a prejudicial impact on the sovereignty of the People".

The main thrust raised during the Court hearing was the attempt by the Legislature to seriously derogate the powers of the President and transfer powers to the Prime Minister and the Cabinet without a referendum. This attempt was squashed by the Court on the basis that the attempt amounted to a "transfer, relinquishment or removal of power" of the President and stated that such attempts required the approval of the People at a referendum. Although the Bill was partially amended to be in keeping with the judgment and passed with a 2/3 majority, the fact is that the powers of the President were "delegated" to other organs of the government bringing into question the constitutionality of the 19th Amendment.

For instance, Article 43 (1) of the 19th Amendment states: "The President in consultation with the Prime Minister…determine(s) the number of Ministers of the Cabinet of Ministers…". Notwithstanding this, Article 46 (4) permits Parliament to determine by resolution the number of Cabinet Ministers etc. in the event a National Government is formed. Question: Is this provision not an intervention on the "supreme or sovereign" Executive powers of the President?

Another issue is the "transfer" of the President’s powers relating to appointments etc. to The Constitutional Council. The creation of such a Council amounts to a violation of the Constitution based on the Court’s determination that "…as long as the President remains the head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field".

THE CONSTITUTIONAL COUNCIL

Article 54 of the 1978 Constitution states: "The President shall appoint all public officers required by the Constitution or other written law to be appointed by the President, as well as the Attorney-General and the Heads of the Army, the Navy, the Air Force and the Police Force".

Article 55 (1) states:"Subject to the provisions of the Constitution, the appointment, transfer, dismissal and disciplinary control of public officers is hereby vested in the Cabinet of Ministers and all public officers shall hold office at pleasure".

Article 55 (2) states: "The Cabinet of Ministers shall not delegate the powers of appointment, transfer, dismissal and disciplinary control in respect of heads of Department".

Despite all of the above, the Chapter VIIA of the 19th Amendment relates to the Constitutional Council.

Article 41B (1) states: "No person shall be appointed by the President as the Chairman or a member of any of the Commissions specified in the Schedule to this Article, except on a recommendation of the Council".

This Article reflects a total delegation of powers of the President and the Cabinet as far as appointments are concerned. Whether it is good or bad to derogate powers of the President and the Cabinet of Ministers are concerned is not the issue. The issue is that such delegations to the Constitutional Council are not lawful in the absence of a referendum.

Another issue relates to Article 107 (1) of the 1978 Constitution. This Article states: "The Chief Justice, the President of the Court of Appeal and every other judge of the Supreme Court and Court of Appeal shall be appointed by the president of the Republic by warrant under his hand".

In complete contrast to the above, Article 41c (1) of the 19th Amendment states: "No person shall be appointed by the President to any of the Officers specified in the schedule of this Article unless such appointment has been approved by the Council upon a recommendation made to the Council by the president". (‘Council’ referred to being the Constitutional Council).

CONCLUSION

As for the eligibility of former twice elected Presidents, Dr. Jayawickrama has cogently argued that in the absence of any retrospective provisions in the 19th Amendment the disqualification in Article 31 (2) does not apply to former Presidents. Furthermore, this argument is strengthened by the principle that amendments apply only to those specified provisions in the 19th Amendment while all other non-specified provisions should be as per the 1978 Constitution and related amendments. Considering the multiplicity of opinions expressed on this matter it is imperative that the issue is resolved by reference to the Supreme Court

The examples cited above clearly demonstrate that the powers of the President have been either usurped by Parliament, or delegated to newly created organs of government such as The Constitutional Council, thus undermining the powers of the President as the Head of the Executive. This is in clear violation of the determination by the Supreme Court which had stated that: "… as long as the President remains the Head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field…". The Court cites an opinion by Wanasundara, J. that states: "If the Executive power of the People can be renounced in this manner, serious questions regarding the proper administration of the country could arise. At the bare minimum, legislation permitting such a renunciation must have the approval of the People at a Referendum".

The essence of the premise on which the 19th Amendment was based was to curtail the powers of the President under the 1978 Constitution and revise/repeal related amendments and transfer Executive powers to other organs of the government without holding a referendum. The fact that the transfer or removal of such powers of the President impacts on Article 4 and therefore on Article 3 that addresses the sovereignty of the People without a referendum despite warnings by the Supreme Court that such "transfers and removals" amount to a violation of the Constitution in the absence of a referendum, is the primary cause for the multiple problems with the 19th Amendment. Since these issues cannot be resolved piecemeal, it is best that the 19th Amendment is repealed and a fresh approach explored that would reflect the future direction of the country in a way that best serves the interests of the People rather than the fancies of the politicians.

Neville Ladduwahetty

Sri Lanka: A Battleground of “New Cold War”

Sri Lankan authority stoutly defended Japanese interest in maritime matters with the focus on Hambantota port. The minister of the subject didn’t find fault with Onodera for an unanticipated declaration that Hambantota should be free of military activity.

by Shamindra Ferdinando-Aug 29, 2018

( August 29, 2018, Colombo, Sri Lanka Guardian) Japanese Defence Minister Itsunori Onodera’s recently concluded visits to the China-run Hambantota port as well as the strategic Trincomalee port should be examined against the backdrop of growing US-Japan-India alliance meant to counter China.

Sri Lanka A Battleground of “New Cold War”.docx by Thavam on Scribd

Expose` -14 out of the 225 parliamentarians are ganja smokers ! Indo -Lanka ‘flower story’

(Lanka e News – 28.Aug.2018, 11.45PM) It is the general consensus among the Sri Lankans that the country cannot be transformed into a Singapore because of the blunders of politicians, and the economy and society are collapsing because of the rulers.

The highest number of government servants are in SL vis vis the population when compared with other countries in the world. That world record was maintained by us over a long period. When comparing the strength of the security forces with the population, SL is in the fourth place in the world. There is also the yellow robed squad who while casting aside their road to Nirvana and their sacred duties take to the streets under the pretext of rescuing the country.
Then there are the revolutionaries who have engraved on their chests, motherland is first , motherland is second , motherland is third on behalf of the motherland. 1.4 million government servants , over 400,000 members of the security division , the yellow robed ‘army’ who take to the streets screaming to reform the country , and the revolutionaries who say they are ready to sacrifice their lives for the country put together make up a total of around 3 million of the population. At any rate nothing can be more ludicrous than their so called enthusiasm. This crowd says the country is being devastated by the group of 225 rogues in parliament . The elite force of 3 million is in fear of the group of 225. Any way this disappointing scenario is not the whole story , rather it is only a chapter of a long story .

Menacing history ..

It is true ganja (cannabis) was used as a medicine by Sri Lankans over a long period. After drinking toddy in the morning , and smoking (malak gasa ) ganja in the evening they slowly ‘ate together’ in one house. But after East India trading Co.’ was captured by South Asia , this situation turned topsy turvy.

Since the 17 th century it was Rothschide the owner of East India trading Co. who was famous world wide pertaining to cigarettes and strong liquor production. In order to publicize the cigarettes and strong liquor of the British among the people a ban was imposed on local cigarettes and liquor . The British government accordingly named ganja as a prohibited drug.A License scheme was introduced for coconut toddy and kithul toddy with a view to destroy that. In addition , powerful substitutes emerged to replace ganja which went out of use and the poppy flowers bloom of Rothschide Pameer the owner of East India trading Co. was witnessed. Before long heroin was produced through Baur Co . which was under him .

Smoking ganja for a thrill and becoming a Sirisena…

Smoking ganja over a long period leads to addiction . That is the smoker feels a loss of its potency . Yet during that time there was nothing stronger than ganja .But today the situation is diametrically opposite. A ganja smoker now can seek a more powerful drug when the ganja does not produce the desired effect on him. Today , there are enough options available ranging from ‘dancing pill’ to heroin . Ganja may be a drug. Its deleterious effect on the health is not so much as that caused by tobacco . But the dangerous side of it is it can cause addiction. Its unique addictive nature can make the smoker turn to much stronger drugs

Heroin addicts , from Daham Sirisena to the robed monk Kusala Dhamma followed the same route to become heroin addicts.90 % of those who are addicted to heroin in SL initially were ganja smokers. Though ganja is a scourge of society , the manner in which SL’s law enforcing Institutions are viewing it, is regrettable.

Indian security reports

Because the SL security division is dragging its feet when it relates to ganja , the extent of the dangers besetting this situation has to be made known relying on the Indian security reports .Based on Indian reports ,180,000 to 200,000 kilos of ganja are being smuggled into SL annually. SL police reports reveal only about 25000 to 35 000 kilos of ganja (both local and foreign ganja) were seized. According to statistics , between 600,000 to 700,000 Sri Lankans are smoking ganja , and of them 5 % are women.

Based on most reliable information , the number of DIGs who smoke ganja in SL are three. Among the forces , there are 11 officers above the grade of brigadiers who smoke ganja . 3 officers above the grade of Commodore in the air force and two officers above the grade of commodore in the Navy smoke ganja. In the security division and the police force approximately 13000 to 14000 also smoke ganja. 14 of the 225 in the parliament are also ganja smokers. Of course this number can be more but not less .

Ganja smoking Air plane pilots

The ganja smoking of pilots came to light during the time of the war. Based on the transactions , ganja smoking among the police and the forces have been most raging. The pilots had been smoking ganja massively. After Jayalath Weerakkody became the Air force commander he got ready to curb this ganja menace .

Unlike arrack and kasippu , a ganja smoker cannot be identified by the breathalyzer. It can be detected only through blood or urine test. The Air force commander who got down the necessary medical equipments launched a flying squad , and collected samples of blood and urine of pilots. The results confirmed 7 of them smoke ganja.

Following this discovery there were whispers everywhere in the Air force that they should be demoted. Some days later the pilots were subjected to a test again. When he scrutinized these results , the commander’s eyes popped out. Lo and behold! 12 pilots were smoking ganja! When further inquiries were made it had come to light ,those individuals who were eager to leave the air force have smoked ganja with greater ardor and given their samples. With that the ‘ganja test’ of the air force commander ended then and there.

Ganja business a carbon copy of human smuggling

The ganja business is being conducted with the knowledge and consent of the navy and the police. During the period between 2005 and 2013 , SL was considered as the hub for human trafficking . Large numbers of Indians ,Nepalese and Bangla Deshis who had made payments through intermediaries came to SL through them . Until these illicit immigrants embarked the boats it were the police that provided security from land. It were the navy that took the boat loaded with them to the international territorial sea .High ranking officers of the police and the Navy were shareholders in this human smuggling business. Just for the dispatch of one boat , the police and Navy were paid Rs. 3 to 5 million.

When Karannagoda was suppressing the navy’s murders and extortions , it was an officer of the Navy who divulged information to the CID. His name is Lieutenant Commander Krishantha Welegedera .The latter revealed this information not because he sympathized with Raviraj or the innocent children who were brutally and ruthlessly murdered, rather because Krishantha who also played a key role in the human smuggling operation wanted to find a way out from his own implications , and the charges mounted against him .

Responsibilities of those who are responsible…

The modus operandi resorted to in the human trafficking was , when 20 large boats are dispatched out , a small boat load is seized and a huge media publicity is given. The ganja business operations were also on the same lines. When 1000 kilos of ganja are smuggled in , they seize 20 kilos of the commodity and make a huge din via the media. The operations at sea of the ganja smuggling are by the Navy while the operations on land are carried out by the Police.
Gold fish culture of SL media

As soon as the goods are received by the SL agent , the navy and the police are paid their dues. During the first half of this year alone , the number of members of the security division arrested in connection with ganja smuggling was 24.The most notorious zone where the Indian ganja is unloaded is along Kalpitiya to Mannar. This region is totally a ‘dark zone’. For a long time , this region has been famous for illicit businesses. A region where the mass media and civil organizations don’t even step in.

The mass media in SL is a peculiar breed . They belong to the ‘gold fish’ culture . They do not discharge their responsibilities towards the people nor are they investigative to do justice to their professional duties and responsibilities with a view to expose the truth . They are like the goldfish eating what are given and swimming within the enclosure displaying their beautiful fins for the people to watch .These are the ‘goldfishes’ which give huge publicity even to an insignificant quantity of ganja seized by the police .