JVP to discuss placing 20th Amendment Bill on Order Paper

RANMINI GUNASEKARA-MAR 01 2019

The JVP will hold discussions with Party Leaders in the first week of March to finalize a date and time for the Parliamentary debate on the 20^th Amendment Bill,  JVP Leader Anura Kumara Dissanayake said yesterday (28).

“We expect to meet with Leaders of all Parties in the first week of March to discuss entering the Amendment Bill to the Order Paper. We will urge them to pass this with a two thirds majority, because we want this Amendment to be put to a referendum so that the public could decide for themselves whether they want to keep the Executive Presidency or not,” he added.

He further added that the JVP will hold discussions with Opposition Leader Mahinda Rajapaksa as well as official discussions with the TNA and the Sri Lanka Muslim Congress in this regard.
Dissanayake also said  the JVP will organize a series of discussions to enlighten the public on the proposed Amendment.

Meanwhile, responding to critics of the Amendment, Dissanayake said the proposal put forward in the Amendment Bill was by no means a ploy to postpone Elections.

“This is not a perfect proposal, so we’re open to suggestions. We haven’t touched the electoral system in this proposal. But we have included a clause where if the Amendment is passed, the Parliament would have to be dissolved soon after. So instead of postponing, we’ve proposed that Elections be hastened,” he added.

That ‘political hot potato’ of the CTA

Sunday, March 03, 2019

Verbal gymnastics indulged in by Sri Lankan politicians in respect of the draft Counter Terrorism Act (CTA), now before Parliament awaiting amendments from the sectoral oversight committee, are vastly entertaining in truth.

The ‘political hot potato’

Unlikely champions of constitutional rights are emerging from the Rajapaksa-led opposition. This week, the de jure head of the ‘Pohottuwa’ party GL Peiris held forth in full flood on the danger that the Bill poses to the rights of students, trade unionists and journalists (‘SLPP tears into Government over new Counter Terrorism Bill’, The Island, 26.02.2019). He was holding a difficult brief in terms of simultaneously arguing two distinctly paradoxical positions; both that the Bill would ‘facilitate’ terrorists and that it would hurt the rights regime.

From the Government side, head of the sectoral oversight committee, Mayantha Dissanayake, son of assassinated United National Party (UNP) heavyweight Gamini Dissanayake presented an equally difficult though more consistent defence of the Bill (‘The case for the Counter Terrorism Bill’, Sunday Observer, 24.02.2019). Peppered with references to what his family had undergone as a result of terrorism, this ‘political hot potato’ under his watch will be amended, he declared, ‘to ensure that we get it right.’

Both these views are not greatly reassuring. Battered by damage done to the nation as a result of quarrelling politicians, beaten by the virtually impossible business of economic survival while political fat cats feed off the public purse regardless of whatever party they belong to, is the CTA to make lives of ordinary citizens even more horrible? What will be its impact on a corrupt and politicised police force in the context of enhanced powers? What about the greater discretion afforded to the office of the Attorney General, again no less susceptible to political pressure apart from a few exceptions?

‘Getting it just right’

The Government’s commitment on getting the CTA ‘just right’ would have been attended with far better credibility if the entire process of getting this legislation off the ground had not been so secretive and clearly mala fide in the first instance. It is not possible for the Government (by this, I mean the UNP), to shelter behind the argument that this draft had been amended due to a desire to ‘get it right.’ Far from it. The amendments took place because the earlier drafts inconveniently leaked to the media were so bad that public agitation led to their withdrawal. Newer drafts attempted to smuggle the same archaic offences such as espionage back in different language. So to impute naive innocence to this constant dance to lead the nation astray is idiotic at best and subversive at worst.

And for those who would argue from the safe corners of overseas academia with virtually little practical knowledge of how the criminal law operates in this country, that the CTA should be welcomed by Sri Lanka’s citizens with open arms, given that it replaces the highly problematic Prevention of Terrorism Act (PTA, 1979), a tad more caution is well advised. The amendments proposed to the Bill are still to be put into the public domain and remain to be analysed at that time. But the Bill as gazetted remains obnoxious in various respects that were not canvassed before the Supreme Court when it was challenged or were pointed to but were ignored by the judges in the Determination handed down as pointed to, previously in these column spaces.

Diverting attention from the task at hand

Indeed, this is not to lend credence to the well meaning but thoroughly impractical contention that Sri Lanka should not have anti-terrorism legislation at all. This may well form a good basis for conference discussions. But in the current political reality, it is a counter-productive position to take. It diverts attention from the task in hand; namely the crafting of a narrowly tailored anti-terror law with tightly drafted clauses limiting themselves to few acts that are not captured by the ordinary law enforcement regime and subject to constant civil and judicial safeguards.

And again, this point must be reiterated. The Chair of the Parliamentary Sectoral Oversight Committee shepherding the Bill must realise that it is not possible to equate the implementation of such legislation with jurisdictions such as the United Kingdom or even the United States of the Donald Trump era which have strong in-built Rule of Law safeguards. Therefore to argue that this Bill has ‘fewer offences’ as compared to those jurisdictions (see ‘Counter Terrorism Bill nears finishing line’, 24. 02. 2019) is nonsensical in the extreme and ignores the reality right in front of our noses as it were.

The gazetted Bill is deficient in that respect, most certainly in terms of the excessive powers that it affords to the Minister to issue proscription orders against any organisation where (Clause 81(1)) the Minister has ‘reasonable grounds’ to believe that any organization is ‘engaged in any act amounting to an offence under this Act, or is acting in a manner prejudicial to the national security of Sri Lanka or any other country.’ The problems in this over-broad definition are evident, quite apart from the fact that the ‘reason’ of the Minister may be in question given  that Ministers very frequently lack ‘reason’ altogether.

Timelines in Geneva should not dictate the process

But hilarity apart, this power to issue proscription orders is linked to this still over-broad definition of the offence of terrorism. This includes the following as set out in Clause 3 (1); ‘(a) intimidating a population; (b) wrongfully or unlawfully compelling the government of Sri Lanka, or any other government, or an international organization, to do or to abstain from doing any act; (c) preventing any such government from functioning;’

The fourth limb of this definition may concievably be tolerated since it directly relates to causing harm to the territorial integrity or sovereignty of Sri Lanka or any other sovereign country.’ But the same cannot be said in respect of the preceding parts of this definition. Read together with Clause 3(2), causing serious damage to property for example (sub-clause c) immediately catches up a range of actions that are perfectly legitimate in form and indeed, permitted and protected by the Constitution as it now stands. Consequently, the fears of trade unions, (apart from the ‘Pohottuwa’ posturing), that this Bill may rebound negatively on them is grounded in fact.

The same objection applies to other clauses in this section which categorises robbery, extortion
or theft, in respect of State or private property and causing serious risk to the health and safety
of the public or a section of the public as terrorist acts when read in the context of the preceding clauses. These are all highly problematic.

This Bill needs to be comprehensively overhauled, not just tugged a little here or pushed a little there as suggested by some who know very little about the way that even the current criminal process operates. Timelines set in Geneva should not dictate the process. That much is clear.

Historic Step by 5 MPs - Asset Declarations made Public

(Lanka e News - 01.March. 11.30PM)  A group of 5 members of parliament from across party lines came together today to publish their declarations of assets and liabilities in the public domain. The five MP’s who came forward to take this step towards changing the political culture of the country were, Hon. Tharaka Balasuriya, Hon. Vasudeva Nanayakkara, Hon. M.A. Sumanthiran, Hon. Vidura Wickramanayake and State Minister Hon. Eran Wickramaratne.   

Transparency International Sri Lanka has campaigned for many years to bring this information into the public domain, believing that greater openness by public representatives increases trust and ensures stronger accountability. The asset declarations can be accessed on www.tisrilanka.org/MPassets  

Speaking at this historic occasion, TISL’s Executive Director Asoka Obeyesekere said, “We commend the bold step taken by the five members of parliament to submit their asset declarations to the people. Whilst this marks a significant milestone in the campaign to bring politicians’ asset declarations into the public domain, we also hope that this step will encourage other public representatives to recognise the unquestionable public interest that is served by disclosing this information”  

Obeyesekere added, “This will help open Parliament to the people and promote a culture of transparency and accountability, further bridging the gap between the people and their representatives. It has been TISL’s longstanding position that putting information in the hands of the people is the key to enhancing governance in Sri Lanka”. 

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by     (2019-03-02 02:30:56)

Sri Lanka: Khema’s Boy

With the ascendency of President Maithripala Sirisena in 2015, the country got an unprecedented chance to fulfill many of our dreams that have eluded us for decades. 

by Mangala Samaraweera -

 

Thirty years ago this month, when I first entered Parliament, my head was full of dreams; dreams for my beloved country, dreams for our people and also dreams for myself.

 

 A war was raging on in the north and an equally tragic youth insurrection was engulfing the south. I dreamt mostly of peace where all Sri Lankans, in spite of their caste, class, race or religion, could live in harmony and dignity. 

 

The incredible economic advances of the early JR Jayawardena years were being squandered away  in the name of a separate state in the North and a Marxist dystopia in the south; thousands of valuable lives were being lost, almost daily. 

 

Like most young people, I thought I could make a difference.

 

I guess I have always been a dreamer from a very early age; in fact one of my earliest dreams was to become a racing driver but I have never driven in my life.

 

 Later, I dreamt of being a designer taking London and Paris by storm as a student at Central St. Martins. However, I decided to pursue my career here at home after witnessing the remarkable changes taking place in Sri Lanka in 1980. Gone were the queues and the scarcities. Sri Lanka was a country full of hope and promise as the new decade dawned which inspired me to return home in ’81 to pursue my dream of being a successful designer.

 

I met Chandra Thneuwera, the iconic textile designer who invited me to join  her at the University of Aesthetic studies as  a visiting lecturer while promoting Sri Lankan textiles as a Consultant at the Ministry of Textile Industries under the stewardship of the Minister then, the late Hon. Wijeyapala Mendis.

 

My father, Mahanama, was also a dreamer. Named Dom Morton at birth and educated at St. Josephs College in Colombo, later changed his name to Mahanama in anticipation of a successful political career which he embarked upon as a young lawyer. He was a Communist in his youth like many other young men of that era. As a lawyer he made his name appearing free for cases in relation to Police brutality and caste related violence. He entered Parliament in 1952 and as the Deputy Minister of Justice in the SWRD government; my father in 1956 presented the Bill in Parliament that would abolish the Death Penalty. This is the legacy along with his reputation for being honest and straight talking which made my entry into the Political arena possible nearly 23 years after his death.

 

My mother, Khema, on the other hand was not a dreamer but a practical, earthy and compassionate person. If the people of Matara respected my father, they loved my mother. 

 

She was one of the first women to enter local Government politics in Sri Lanka when she was elected as a member of the Matara UC in the ‘50s. However, she did not serve her full term as she felt that her new role was too restrictive and formal. She was a people’s person and I like to think that some of my better qualities were inherited from her. 

 

My mother was not judgmental; I remember writing to her from London at 19, grandly announcing that I was madly in love and a week later I get a reply; ‘whoever makes you happy will always make me happy.’ 

 

She was non communal. At a time when mixed marriages were frowned upon, my Aunt Manel married Kumar Anandan, a Tamil lawyer and a Guinness book record holder for swimming across the Pack Strait at 18. My mother was the first member of the family to welcome the newly married couple with open arms.

 

When I first visited party activists in Matara, my home town, as, the newly appointed SLFP organizer in 1988, many of them introduced me to others as “Khema’s boy” and told me that, if I needed their support, I should come back with my mother. Even today, there are still people who refer to me as “Khema’s boy,” and I am always proud to be called so.

 

Thirty years later, I still remain a dreamer. Many of the dreams I dreamt for my country still are unfulfilled but I feel that I may have been able to make a little difference along the way thanks to some of the very special people whom I had the privilege of associating.

 

 Mrs.Sirimavo Bandaranaike and Anura Bandaranaike must have seen the politician in me, through my Bohemian camoflage, for it was they who first invited me to become the SLFP organizer for Matara in 1988. 

 

At the very first meeting I attended at the Darley Rd., HQ of the SLFP, it was Mahinda Rajapakse who first welcomed me to the fold by introducing me to other organizers there. We went on to form the Mother’s Front movement at my home in Matara where we were elected Co-convenors and formed a friendship that I thought then would last forever. I was not to know then that my best political friend of that time was to be the reason for my departure from the SLFP many years later. 

 

Today, despite much water flowing under the bridge and us, standing in the opposing ends of the political spectrum, I still consider President Mahinda Rajapakse a friend and I am very happy that he is here with us now.

 

The ‘game changer’ in my political life, Ladies and Gentleman, was Chandrika Kumaratunge who brought hope and change to a moribund political party still espousing Soviet style socialism, extreme Sinhala nationalism and closed economic policies.

 

 Chandrika Kumaratumge perhaps, was the first politician to dare talk about a ‘federal solution’ for the ongoing ethnic conflict and win a landslide in the exclusively Sinhala Buddhist electorates of the deep South in the Provincial elections of ’93.

 

President Kumaratunge embraced the market economy [with a human face, of course] and revived the reformist agenda for Sri Lanka which slowed down after the war started in 1983. The privatization of Sri Lanka Telecommunications in 1997 is still considered as a text book example of a privatization in a developing country. 

 

I am also happy to have been given the opportunity by President Kumaratunge to beautify and redevelop Colombo. The re-greening of Galle Face, Developing Beira Lake and commencing the shanty redevelopment with Sahaspura flats in Maligawatte along with other beautification projects which followed, has today paved the way to Colombo finally transforming itself into one of the most beautiful and livable cities in Asia. 

 

When Eelam War 3 broke out in 1995, at President Kuamaratunge’s request,  the “Sudu Nelum” movement  was launched as a grass root campaign in the Sinhala villages about the need of a political settlement if a lasting and durable peace is to be achieved. The high point of this campaign was the ‘book and brick’ project to rebuild the Jaffna Library, and it still remains a source of personal pride for me that the Library was completely restored by a committee co-chaired by Lakshman Kadirgamar and me. 

 

After a period of not daring to dream, it was in 2010 that I entered the UNP. Despite having said some pretty rude ‘things’ about its leader over the years, Mr. Ranil Wickramesinghe welcomed me graciously and warmly to the grand old party. This made me feel that I had come home at last! In the UNP, I have found an inspiring leader and a team who share many of my political beliefs and values; in the UNP I have also found a party where I could ‘dare to dream’ again. 

 

With the ascendency of President Maithripala Sirisena in 2015, the country got an unprecedented chance to fulfill many of our dreams that have eluded us for decades. During the last four years, Sri Lanka has restored its democratic credentials, established the rule of law, and elevated the reconciliation process to the top most priority. Despite setbacks from time to time, Sri Lanka continues to build a new future for her people based on the fundamentals of Democracy, Reconciliation and Development; albeit festina lente! 

 

The recent 51 day constitutional crisis also demonstrated to the country and the world the independence of our Legislature and Judiciary and that Sri Lanka has now become a mature, stable Democracy.

 

After 30 years in Parliament, I would be lying if I say that I have no regrets and disappointments. It is natural human nature to feel disappointed, but it is also important not to lose hope; not to become cynical; not to stop dreaming of a better, brighter future and always to remain resolute in achieving progress. All of us, politicians and non politicians alike, have a responsibility to make our nation a better place to live in and to keep working with determination to ensure the realization of our dreams for our nation - a peaceful, stable, reconciled and prosperous Sri Lanka for all, where the dignity of each and every individual is upheld.

 

Last but not least, let me say thank you to the people of Matara, who for 30 long years have put their trust and hopes on me to be their representative in Parliament. Their support, strength and inspiration have made me who I am. Finally, a big hug to my Aunt Manel for her vigorous activism and to my dearest Sister, Jayanthi for her enormous strength and support - still doing her utmost to nurture “Khema’s boy.”

Sri Lankan Women Share Harrowing Accounts Of Sexual Harassment In Public Transport

MARCH 2, 2019

Ahead of International Women’s Day, falls on March 8, Sri Lankan women shared harrowing accounts of being sexually harassed on public transport at an event organized by United Nations Population Fund (UNFPA) in Colombo yesterday.

UNFPA together with the Colombo Municipal Council, Ministry of Women and Child Affairs, and the Ministry of Transport and Civil Aviation, yesterday opened a public exhibition titled “Does She Travel Safe?” featuring stories of victims of sexual harassment in public transport in Sri Lanka. 

“I was travelling in a bus when the man seated next to me started to touch my thigh, while he was pretending to sleep. When I confronted him, I knew he would try to escape, especially since he had already made several such attempts. This is not the first time this has happened,” said Shalinie, a victim of sexual harassment in public transport.

Meanwhile, a study conducted by the United Nations Population Fund (UNFPA) stated that 90% of women and girls have endured sexual harassment at least once in their lifetime on public buses and trains. Only 4% of those affected reported the incident to the police.

Sexual harassment is a major type of harassment. In public transport, harassment can include verbal and non-verbal behaviours ranging from sexual remarks, whistling, groping and touching. Even though under section 345 of the Penal code of 1995, sexual harassment is considered a crime and therefore punishable in Sri Lanka, reports about these incidents unfortunately go unnoticed.

Delivering a speech at the event, the Mayor of Colombo Rosy Senanayake said, “Policy level actions need to take place in order to curb the national issue – sexual harassment in public transport. It is important that women are part of the planning and implementation of development projects to ensure a holistic approach towards making Colombo a safer space for all women and girls.”

UNFPA Representative in Sri Lanka Ritsu Nacken, praising the Ministry of Transport’s recent decision to have female-only compartments in trains, said this move also implemented in Japan, India, and other countries with the purpose of making it a means to a more sustainable solution in the future.

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Listen to the ocean: “If you destroy me, you will destroy yourself” - EDITORIAL

2 March 2019

Not only in sustainable economic development, but also in religion, highest priority is being given to the battle against global warming and climate change with its catastrophic consequences including the unbalancing of the delicate balance in the earth’s biodiversity. Launching a prophetic initiative, Pope Francis has called on religious leaders to come together and join forces in battling global warming. While the Pope is having a dialogue with leaders of different religions, the Swedish teenage crusader Greta Thunberg spoke out strongly at the World Economic Forum at Davos in Switzerland. She told world leaders, “I am a teenager now, and at 75, I may have grandchildren. Will there be a world left for them? I don’t want to listen to your promises or what you hope to do, but on behalf of the young generation, I demand urgent and effective action to curb global warming.”   

It is in this context that the United Nations marks World Wildlife Day tomorrow. According to the UN, the animals and plants that live in the wild have an intrinsic value to human well-being and sustainable development.  

Tomorrow’s event is an opportunity to celebrate the many beautiful and varied forms of wild fauna and flora. At the same time, the day reminds us of the urgent need to step up the fight against wildlife crime and human induced reduction of species. This has wide-ranging economic, environmental and social impacts. Given these various negative effects, Sustainable Development Goal #15 focuses on halting biodiversity loss, the UN says.   

Goal 14 of the Sustainable Development Goals (SDG14) aims to “conserve and sustainably use the oceans, seas and marine resources for sustainable development.” The World Wildlife Day 2019 theme is: “Life Below Water: For people and planet.” This closely aligns with this goal, with a specific focus on the conservation and sustainable use of marine wildlife.  

The UN says the ocean contains nearly 200,000 identified species, but actual numbers may be in the millions. More than three billion people depend on marine and coastal biodiversity for their livelihoods. Marine wildlife has sustained human civilization and development for millennia - from providing food and nourishment, to material for handicraft and construction. It has also enriched our lives culturally, spiritually and recreationally in different ways.  

The capacity of life below water to provide these services is severely impacted, as our planet’s oceans and the species that live within it are under assault from an onslaught of threats. These include the most significant and direct threat of over-exploitation particularly unsustainable fishing and other marine species extraction practices, but also important threats such as climate change, marine pollution and habitat destruction. These threats have a strong impact on the lives and livelihoods of those who depend on marine ecosystem services, particularly women and men in coastal communities, the UN warns.   

On December 20, 2013, the Sixty- eighth session of the United Nations General Assembly decided to proclaim March 3 as World Wildlife Day to celebrate and raise awareness of the world’s wild fauna and flora. The date is the day of the adoption of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973. This plays an important role in ensuring that international trade does not threaten the species’ survival.  

For Sri Lanka, this year’s theme has deep significance because we are an island. Latest figures indicate that about 40 per cent of the ocean is polluted largely because of the reckless disposal of plastic and polythene. Large fish including the popular seer or “Thoramalu” are known to consume this plastic or polythene. We prepare tasty curries with this seer fish and unknowingly eat a little poison and give it to children too. Analysts believe this may be one of the reasons why most of us fall sick more often and hospitals are crowded like marketplaces. Not only tomorrow, but throughout the year and the years to come, let us be careful in what we throw in to the sea while the government takes effective measures to clean up the ocean. Let us also remember the words of a beautiful song, “Listen to the ocean, echoes of a million seashells, forever it’s in motion, moving to a rhythmic, unwritten music that is played eternally.”   

JVP to join hands with Mahinda once again

BY GAGANI WEERAKOON- MAR 03 2019

 “I remember that day (27 February 2015) very well. At about 12:30 p.m., I began to receive several calls from People’s Bank, Bank of Ceylon (BoC), National Saving Bank (NSB) and the CBSL itself. Different people from these institutions told me that something was going on inside the CBSL and they asked me to look for it. Probably they wanted to bring it to my notice as I was the COPE Chairman at that time,” D.E.W Gunasekara said joining a talk show on the matter on News First.

After receiving those phone calls, Gunasekara tried to find out what had happened inside the CBSL and what kind of transaction took place there, using the contacts he had in various places. There was a rumour about this scam, but he was not sure what exactly happened as many stories about it were coming out at that instance. However, after getting more information the then COPE Chairman decided to wait for a statement from the Monetary Board of
Sri Lanka.

“I personally waited until the Monetary Board confirmed or discarded the information. With such a statement, it might not be impossible to take action regarding it or bring the matter to the attention of Parliament. That was why we waited until 2 March 2015. On 2 March the Monetary Board confirmed it. The following day, the issue was raised in Parliament after discussing about it with several parties including the Janatha Vimukthi Peramuna (JVP). I was in the Opposition at that time.”

“Immediately after that, Prime Minister Ranil Wickremesinghe stood up and said he was also aware of the matter. He said, “I have already appointed a committee of three Attorneys-at-Law.” He was so fast and the matter ended there. We waited for three months and again questioned the Government.
 The PM then tabled the report of the said committee. That report had cleared Mahendran of any wrongdoing and said that that sort of scam had not taken place. However, they had stated that as they were all lawyers they did not have the authority to commence a proper or comprehensive investigation into the matter. They had recommended a proper investigation be commenced.
 This caused mayhem in the House and then Speaker Chamal Rajapaksa asked the House to hand over the matter to COPE and COPE agreed to take it over.
COPE commenced investigations on the following day itself,” Gunasekara elaborated.

Although the Premier was so quick to respond to the questions raised in Parliament regarding the scam for the first time in Parliament, he was very slow on obtaining instructions from the Attorney General after the COPE reports were released, instructions especially on as to how Mahendran could be prosecuted, Gunasekara alleged.

Meanwhile, showing his displeasure, regarding the conduct of the United National Front (UNF) Government, once again, President Sirisena on Wednesday (27) stressed that there would be no opportunity to punish the culprits of the Central Bank Treasury Bonds scam as long as the current Government is in power.

The President made this remark while addressing the 61st Annual General Meeting of Government Auditors at the National Audit Office.

Speaking further, he said, “I appointed a Presidential Commission of Inquiry (PCoI) to reveal those who were responsible for the Bond scam. One of the main recommendations of the Commission is that there should be a forensic audit into the incident. But, even after all these months, it has not been started. Not only that, to punish the culprits, one Section of the Bribery Act should be amended.
Doing that is also being postponed day-by-day as well. If we try to punish these culprits under the current law, the process would take at least 15 - 20 years. Not only the Bond Commission, I also appointed a PCoI to investigate alleged corruption which took place before 2015. The report of that Commission has already been released and it is entirely up to the relevant authorities to follow the recommendations of the Commission and take further action.”

He said that another PCoI has been appointed to probe into the alleged corruption after 2015. That commission has received more than 1,000 complaints as of now, he added.

Responding to the President, the Janatha Vimukthi Peramuna said there is no excuse for the President to delay punishing the culprits identified by the Presidential Commission of Inquiry (PCoI), to investigate and inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC).

JVP Leader Anura Kumara Dissanayake said:

“The President has now said that he cannot punish the culprits of the Central Bank Treasury Bonds scam because they’re part of the current Government. But, PRECIFAC found frauds committed by 33 people. These are the likes of Opposition Leader Mahinda Rajapaksa, former Defence Secretary Gotabaya Rajapaksa and Parliamentarian Wimal Weerawansa. But none of these people are part of the Government. So, what’s stopping the President from bringing these culprits to justice?”

He further alleged that the President’s Private Secretary was also one of the culprits identified by PRECIFAC.

“So right now, the President has employed people who were accused by his own Presidential Commission. This is a desperate attempt from a President vying for a chance to become the presidential candidate again.”

A historic first

In a historic first, five Parliamentarians, from various political parties, came together last week to publish their declarations of assets and liabilities in the public domain.

MPs Tharaka Balasuriya, Vasudeva Nanayakkara, President’s Counsel M.A. Sumanthiran, Vidura Wickrmanayake and Eran Wickramaratne declared their assets and liabilities.

Speaking at an event organised by Transparency International Sri Lanka (TISL), its Executive Director, Asoka Obeyesekare commended the bold step taken by the five MPs in submitting their asset and liability declarations to the people.

“Whilst this marks a significant milestone in the campaign to bring politicians’ assets and liability declarations into the public domain, we also hope that this step will encourage other public representatives to recognise the unquestionable public interest that is served by disclosing the information. This will help open the Parliament to the people and promote a culture of transparency and accountability, further bridging the gap between people and representatives. It has been the TISL`s longstanding position that putting information in the hands of the people is the key to enhancing governance in Sri Lanka,” he added.

The MPs who declared their assets and liabilities invited fellow MPs to follow their example and create a new political culture by declaring assets and liabilities in the public domain. Following their example, Ranjan Ramanayake who is now in controversy over his declaration that his colleagues in the Government and in Parliament are using or addicted to illegal drugs like cocaine and heroin, declared his assets and liabilities on Friday, becoming the sixth Parliamentarian to do so.

Indian envoy visits MR

In the immediate aftermath of India and Pakistan resuming hostilities following Pulwama attack last week, Indian High Commissioner to Sri Lanka Taranjith Singh Sandhu called on President Maithripala Sirisena, Prime Minister Ranil Wickremesinghe and Opposition Leader Mahinda Rajapaksa.

Even though the other two meetings were not publicised, the meeting between the Indian envoy and Rajapaksa at the latter’s official residence Friday evening was in the limelight.

Talks at the meeting had revolved around the current crisis that has erupted between India and Pakistan. While pointing out that India was only acting against terrorist groups, High Commissioner Sandhu had stated that India does not have any political or economic rivalry with Pakistan.

Taking to his Twitter handle, Rajapksa had said, “The Indo-Pakistan crisis can be resolved through peaceful dialogue between the respective leadership & by the region uniting to defeat terrorism.”

The discussion which lasted for over an hour had also revolved around the present political situation of Sri Lanka.

The Sri Lankan Government requested India and Pakistan to act in a manner that ensures the security, peace and stability of the entire region.

Sri Lanka is deeply concerned about the recent developments, following the brutal terrorist attack on a Central Reserve Police Force (CRPF) convoy in Pulwama, India, the Ministry of Foreign Affairs stated in an official statement.

“As a country that has suffered from the scourge of terrorism for nearly three decades, Sri Lanka has unequivocally condemned this terrorist attack in Pulwama and stands firmly by the fight against terrorism in all its forms and manifestations. Sri Lanka strongly supports peace and stability in the South Asia region and all endeavours towards the diffusion of tensions, including the resolution of bilateral problems through dialogue and building confidence,” the statement further said.

MR’s secret to Maithri

Opposition Leader Rajapaksa, last week, visited the families of two businessmen in Rathgama who were allegedly murdered by police personnel attached to the Southern Province Special Investigation Unit.

When Rajapaksa was about to leave the house, a son of the victim was seen whispering something to him. When Rajapaksa came out of the house journalists who were present asked him as to what the child said.

“He said that to me in full faith that I would keep it as a secret. Even though he is just a child I am not ready to breach his faith,” Rajapaksa responded.

However, as soon as he got into his car, Rajapaksa telephoned President Sirisena and told the latter what the child told him in secret to which the President responded “I will definitely inquire and investigate about what was said.”

JVP in discussion

Opposition Leader Mahinda Rajapaksa was engaged in lengthy discussions with JVP Leader Anura Kumara in Parliament last week and the subject of discussion was not revealed. However, this week, JVP announced that they will continue to engage in discussions with Rajapaksa on the abolition of the Executive Presidency as they are well aware that the 20th Amendment will not see the light of day without having Rajapaksa camp’s support.

Rajapaksa, over the past two weeks, has been making comments at party meetings in favour of abolition of the Executive Presidency completely or partially. However, his ideas were not completely welcomed by party leaders like Wimal Weerawansa and Udaya Gammanpila while, many others in the Joint Opposition and the Sri Lanka Podujana Peramuna (SLPP) showing a clear division on the matter.

Accordingly, a JVP delegation led by Anura Kumara will meet Rajapaksa on 6 March and the meeting is likely to take place at the Parliament complex.

Khema’s boy turns 30

Amidst all political dramas, the ceremony held at the BMICH to celebrate Finance Minister Mangala Samaraweera’s 30 years of parliamentary political life saw a great display of camaraderie between political rivals.

The most notable was the cordialities shared between former President Chandrika Bandaranaike Kumaratunga and her successor Mahinda Rajapaksa.
Many who were present expressed the view that it was after so many years that they witnessed this camaraderie between the two leaders with Kumaratunga not wasting a single minute chance to attack Rajapaksas.

While congratulating Finance Minister Samaraweera on completing three decades in the political battlefield during the most difficult period, former President Kumaratunga said he belongs to a rare breed of politicians fast becoming extinct in Sri Lanka.

“A man with a vision for this country and not for his personal gain, a man with a skill to translate that vision into action with a steadfast commitment to honesty, courage and principles to stand up for what is right, said Kumaratunga, adding that people should appreciate the goodness in our political leaders as we seek out the bad if we are to make this country a progressive and prosperous nation,” she said.

Mangala and I have shared the same vision and fought many battles for it. We have disagreed and argued many a time, but through it all shared a million moments of fun and laughter laced with sincere affection. Sincerity and honesty have proved to be the bedrock of our friendship. Thank you Mangala for being my friend in good times and bad, she noted.

She also reminisced that as the youngest Minister in her Cabinet of Ministers, Mangala was called upon to bear the responsibility of transforming the telecommunication sector of the country. In fact, Mangala was instrumental in transforming the telecommunication sector from a bankrupt and inefficient State-owned enterprise to a dynamic high performing and profitable public private venture for the first time in this country.

“For the first time in this country, the Telecommunications Department delivered 100,000 fixed telephone lines and in five years we were able to increase the fixed line phone by six fold and mobile phones by over 20 times,” she said.

In his welcome address Minister Samaraweera said that when he entered Parliament 30 years ago in February 1989, his head was full of dreams. “I had dreams for my country, dreams for my people and dreams for myself. At the time, a war was raging in the North and an equally tragic youth insurrection was raging in the South. Therefore, I dreamt mostly of peace. Thousands of lives were lost in the country and I thought I could make a difference at the time.
 I have always been a dreamer from my early age. One of my earliest dreams was to become a racing driver, but I have never driven in my life and even today I don’t have a driving licence. Later, I dreamt of becoming a designer and taking London and Paris by storm, but I decided to pursue my career in politics at home.”

Paying special tribute to his patents, Samaraweera said his father was a dreamer but his mother was a realist and very practical and grounded woman. “I am a dreamer like my father but my mother was a grounded and compassionate person. If the people of Matara respected my father, they loved my mother.
Some of my better qualities I have inherited from her,” he said, adding that he has been referred to as Khema’s boy and he considers it an honour, considering the woman his mother was.

President Sirisena participating in the event said Mangala and himself had gone to Parliament for the first time as opposition members. “Mangala is a man with a good heart and has worked tirelessly for democracy and freedom. He was committed to his work and is a decent human being capable of winning over anyone with his honest and sincere mannerisms. He is very clever and capable and knowledgeable and the country needs people of his calibre,” he said.

The President said that it is important to first enter Parliament as an opposition member because then you learn a lot. “Then by the time that person becomes a Minister, he/she would have become seasoned politician having gained experience. Having an illustrious political past, Mangala has a long way to go in his political career,” President Sirisena said. He wished the Finance Minister a glorious and productive future in his political career.

Prime Minister Wickremesinghe said Mangala Samaraweera had commenced his political career on the other side of politics. “Mangala is a person who led the criticism campaign against me. But he worked according to certain principles which promoted democracy, peace and rights for all. Although he was on the Opposition side, we both worked towards the freedom of the country. Later having joined the correct side, the UNP, he served as the Foreign Minister in 2015 and is now the Finance Minister.”

Shaping minds 

Sanjana Hattotuwa-March 2, 2019, 7:28 pm

Two consecutive presentations on Saturday and today, Sunday, provided an opportunity to talk about the implications of social media on two significant and inter-related issues – electoral processes and constitutional reform. With nearly 700,000 voting for the first time at the local government election held just over a year ago, and just under a million at the presidential election held in January 2015, statistics from the Elections Commission reveals a young demographic is around 15% of the electorate. Every survey, poll and study and all the existing research flag the fact that this demographic gets their news and information through social media, which is just media to them.

The words ‘social’ or ‘new’ prefacing media is already outmoded and outdated – used the most by a much older generation who consume, conceive of and occasionally produce content for media in a way distinct to and different from their children or grandchildren. Columns in the past have looked at some of these dynamics and resulting socio-political implications. The research for the two presentations over the weekend provided more insights in this regard.

Sporadic bursts of life mark Sri Lanka’s constitutional reform process, and that too, mostly through negative publicity, misinformation, fear mongering and oppositional framing. In other words, the entire discourse around a new constitution, the substantive nature of the proposals, the need for one, the process by which a new constitution will be brought about and the consultations around what should go into it and why is marked by fear, anxiety, ignorance and apathy. The growing vacuum that exists around informed debate on this score alone is the result of a government unable and unwilling to embrace the potential of media to capture the imagination, inform opinion, shape input and address opposition.

In 2016, the PM noted that "for the first time ever, social media will have a role in drafting a new constitution". He was right, but not in the way he intended and many of us expected. The role reach and relevance of social or new media in constitutional reform is indubitable, important and influential. What the PM indicated, and what frankly was expected as basic commonsense if not as political acumen, strategic design and desirable outcome, was a government that would tap into well-springs of public support and rivers of debate through the adroit management of media, in order to push through a reform agenda. But no. Nothing of the sort happened. There is no indication whatsoever that anything of the sort will happen.

For the presentation on constitutional reform and its discontents, I looked at the prevalence of ‘constitution’ and separately, ‘nawa (new)’ as well as ‘vyavasthawa (constitution)’ in Sinhala, across around 1,000 pages on Facebook I monitor, from 2015 to 2018.Facebook was chosen for its influence in framing politics amongst a demographic that overlaps with the young vote base. Ascertaining the contours of public debate around any topic or issue is an imperfect science, with much that is not captured and cannot be captured. For example, I have no way of knowing how much content is shared on constitutional reform – whether for or against it – over instant messaging apps like WhatsApp or Facebook Messenger.

These caveats aside, the search terms used were both loose enough to capture supportive and oppositional frames, and strict enough to exclude extraneous topics and issues. The resulting data is revealing. There were around 73,000 posts in Sinhala compared to just around 4,000 in English. The posts in Sinhala generated around 706,000 comments, compared to around 40,000 in English. Content in English was shared around 45,000 times and generated about 185,000 likes. In Sinhala, the posts generated nearly four million shares. Just over 14 million liked the posts. With nearly 76 times more likes and 88 times more shares, the Sinhala framing and foci on constitutional reform overwhelm what is produced and published in English.

In 2015 and early 2016, the President and pages aligned to him or the government, in English, produce the most amount of content. By late last year, both in terms of volume and frequency, it is the SLPP producing the most amount of content. In Sinhala, extremist Sinhala-Buddhist groups feature as prominent producers of content. Leading private mainstream media institutions and content they upload to Facebook in Sinhala dominate engagement, along with gossip sites. The qualitative study of a fraction of this content (with numbers ranging in the millions, it isn’t possible to study every post, photo or production) very clearly indicates that the framing and projection of the reform process, or specific aspects of the proposed constitution, are reviled, rejected or risibly ridiculed. There is not a single pro-government or progressive account in the top five most loved photos anchored to the search words in Sinhala. Ditto with the shares of Facebook status messages. The top two producers of the most viewed videos around the search terms are private media stations deeply and openly opposed to the PM and UNP.

The dynamics of how media shapes public opinion formed the basis of my second presentation, delivered at a workshop on reforming campaign finance. Two years ago, a confidential memo drafted for and presented in person to the Elections Commission warned against what at the time were embryonic measures at manipulation and misinformation, ranging from human-produced digital propaganda to algorithmic output (through automated accounts on social media, and at scale). The challenges have increased, with early trends that have not just endured but are now entrenched. At a macro-level, both the complexity of the risks and the inter-related nature of challenges requires a new language to describe them, particularly for officials who are not aware of research and policymaking published in English.

At a more granular or local level, social media is still seen as entirely distinct from traditional or mainstream media, with attendant challenges only impacting a minor or marginal percentage of the total electorate. India is ahead of us in this regard. Given Lok Sabha elections in about a month or two, India’s Elections Commission (ECI) has issued strict guidelines around political campaigning and advertising on social media. It is also working with Google, Facebook and Twitter to maintain oversight on, regulate and control campaign expenditure on digital propaganda, ensuring transparency and accountability to the extent possible. A document released last week by ECI looks at issues around authenticity, manipulation, expenditure declarations and the need to embrace social media campaigns in policies and regulations that already govern traditional media during electoral processes.

Tellingly, Sri Lanka’s Elections Commission, around the local government election last year and for the first time, also noted that social media fell under the guidelines issued for traditional media, and by extension, all propaganda online also needed to stop 48 hours before the election. Unsurprisingly, with little to no capacity for oversight and the lack of any punitive measures, campaigns on Facebook and Twitter continued up until and even on the day of the election.

The central issue over the longer-term is not so much one election, but the nature of elections. Research from around the world, which now concern governments, suggests the manipulation of public mood, sentiment and opinions over the longer-term can result in or are increasingly aimed towards skewed electoral outcomes. Whereas in the past, electoral fraud took place on the day of the election, at the ballot box or when counting votes, today, the impressionable minds of a key demographic, suffering from poor media literacy, are hacked. This means that even if the election itself is free of incident, violence or malpractice, the manipulation of voters for a much longer time undermines the trust in democratic institutions and electoral processes.

The conversations around all this need to take place at the level of government and civil society. Nothing less than our ability to reclaim and retain Sri Lanka’s liberal, democratic potential is at stake.

Critical tax issues for consideration in Budget 2019

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Friday, 1 March 2019

Budget 2019 is much awaited by both the public and the business community. Some of the critical tax issues arising from the new tax regime have been conveyed to the Ministry of Finance.

Economic Service Charge

Economic Service Charge (ESC) was introduced in 2004 to recover some tax in lieu of Income Tax from those entities that were exempt from Income Tax and those who were declaring loses in the accounts. In fact, this was done to recover loss of revenue due to tax exemptions, tax evasions and avoidance during that period.

Though ESC is related to turnover, the intention was to collect a tax where Income Tax is not paid. Later ESC was made liable for even entities liable for Income Tax. However, ESC was allowed to be deductible from Income Tax liability. ESC could be carried forward and set off for four years against Income Tax. In addition, there was a maximum limit of Rs. 250,000,000 for ESC liability.

The intention of the law in relation to Income Tax liable entities was to facilitate deductions of ESC to a large extent from Income Tax and thereby avoid double taxation. According to the current ESC regime there is no maximum limit on ESC liability. ESC carried forward is allowed only for three years. Further, the rate has been raised to 0.5% on the turnover of almost all business entities with the turnover of more than Rs. 12,500,000 per quarter.

The component of ESC which cannot be deductible from Income Tax becomes a cost for business and in turn this may be passed on to customers. ESC, which started with the features of Income Tax (direct tax) is increasingly becoming an indirect tax such as VAT and NBT. ESC at 0.5% on exports may affect the competitiveness of our exports in the highly-competitive international market. Therefore, there is an urgent need to revisit the current ESC regime.

ESC can be charged at 0.25% on export entities and entities showing a taxable income.

ESC can be charged at 0.5% on loss making and exempt entities.

With Holding Taxes

Currently, WHT tax is applicable on employment income, interest, rents, fees, partnership income, etc.

WHT on rent is liable on any amount even, say Rs. 2,000 per month. Even if the income of the landlord is less than the statutory tax-free allowance of Rs. 500,000, still WHT has to be deducted. There are no provisions to get directions from the Department to stop such deductions. One segment of the society is charged with Income Tax though their income is less than statutory tax-free limit, making an inequitable element in the current system. Therefore, there is a need to stipulate a minimum limit such as Rs. 50,000 per month for rent for WHT purpose.

WHT on fees also needs to be revisited. Currently a fee of Rs. 50,000 or more paid by a business to an individual will be subject to a WHT of 5%. This person may not be an Income Tax liable person getting an income exceeding Rs. 500,000 per year. The Rs. 50,000 payment may even be a one-off payment. Even if a single person provide his services through a registered proprietorship he is subject to WHT while two or more people provide services through a partnership or a company such fees are not subject to WHT. This can be amended to say if fees in aggregate of Rs. 500,000 or more per annum are paid to an individual he should be liable for WHT in the following period WHT exemption can be broadened to cover proprietorships along with partnerships and companies.

Similarly, partnership income is also liable to WHT irrespective of the amount. Earlier there was a limit of Rs. 1,000,000 for a partnership to be liable for Income Tax. Presently no such tax-free limits exist for deduction of WHT and even an income of say Rs. 5,000 will be liable to WHT at 8% when allocating such profit to partners.

If a partnership business earns an income of Rs. 1,100,000 in 2017/18, the partnership tax liability is Rs. 8,000. If this partnership has the same income for 2018/19, it will be liable to deduct a WHT of Rs. 88,000, in other words Income Tax attributable to partners. If the partners do not have any other income and the profit is shared equally there will be an over payment of Rs. 80,000. Startup entrepreneurs will be in difficulties if no minimum limit is set for WHT on partnership income.

Thus, some of the provisions of the current Act may hinder informal sector of the economy and stifle the economic growth in the medium to long term.

Therefore, Rs. 1,000,000 tax free allowance can be reintroduced for deduction of partnership WHT.
Income Tax

Under the earlier system exports income were subject to concessionary tax rates. Under the present system, a person who exports more than 80% of the turnover only is entitled for a concessionary rate. Any business entity starts exporting initially on a small way. Such exports become liable to Income Tax at the rate of 24%.

Any export income can be made liable to Income Tax at concessionary rate of 14%
Interest and penalties

Under the current Act, interest on tax in disputes can be as high as 20% per annum. The penalty imposed on non-compliance is prohibitively high in many instances. The system automatically calculates penalties. Huge penalty burdens along with tax liabilities may undermine many businesses in the medium to long term.

The Commissioner General must be given powers to determine interest and penalties fairly under just and equitable circumstances.

Refunds and carry forward of over payments

According to the present payment schemes on many instances, tax payers find over payment of taxes especially income tax. The current system do not provide for any carry forward of such taxes to the subsequent year. Tax over payment occurs mostly due to incorrect calculation of payment rather than any erroneous tax computation. Therefore, provisions can be made to the effect that so long as returns are supported with audited statements of accounts and tax computations prepared by recognised professionals, over payment of income tax can be carried forward with subsequent scrutiny when the Department examines the return as a whole. 

Tax payments

Income Tax paid in various forms such as WHT, self-assessment payment and set off against ESC has complicated the tax payment process for ordinary taxpayer. Therefore, a need has arisen to simplify the payment methods.

Repair and improvement of fixed assets

For tax purpose, repair and improvement expenditure related to fixed assets has been limited to 20% of net tax written down value of such assets. The tax written down value will be less and less as the years go by. This would result in a situation where lesser and lesser amount only can be claimed for repair expenses as the time passes by. The reality is that when capital assets get older the repair expenses will be more. In the Sri Lankan context as a developing country, fixed assets such as heavy machineries are used for much longer period with proper repair and maintenance. An upper limit can be set as a percentage of turnover if at all such a limit is considered to be necessary.

Further, business organisations will have to maintain separate record for each and every asset they possess to claim repair expenses.

Thin capitalisation

This rule restricts the deductibility of interest expenses in calculating income of an entity for tax purposes. The restriction is based on capital (equity) to loan ratio with capital taken three or four times depending on manufacturing or non-manufacturing activity. Many companies run on losses for many years and may be highly indebted. Their balance sheets may show very low total of capital and reserves or even a negative figure due to accumulated losses. In such circumstances a company may not be able to deduct the interest expenses in the year they are incurred. Paradoxically, an entity may end up with an income for tax purposes despite actual losses due to the inability to deduct such expenses in the production of income.

Nation Building Tax  
  
Though there is a clear threshold limit of three million for a quarter small business entities and non-active business entities continue to receive NBT returns, remittance slips and notices. These NBT files can be deactivated or cancelled to avoid waste of time, resources and inefficiencies.

(The writer, FCA, ACMA, CPA, is a Chartered Accountant.)

UN investigators call for arrests over Gaza war crimes

Palestinians evacuate Karim Kullab after he was shot by Israeli snipers during Great March of Return protests on 21 September 2018. Kullab, 25, died of his injuries later that day.

 Mohammed ZaanounActiveStills

Maureen Clare Murphy- 28 February 2019

Israeli forces may have committed war crimes and crimes against humanity by using lethal 
military force against unarmed protesters in Gaza, a United Nations independent commission 
of inquiry has found.

“Israeli security forces committed serious violations of human rights and international humanitarian law,” Santiago Canton, the head of the commission, stated on Thursday.

“These violations clearly warrant criminal investigation and prosecution,” he added.

“[Israeli forces] have intentionally shot children, they’ve intentionally shot people with disabilities, they’ve intentionally shot journalists, knowing them to be children, people with disabilities and journalists,” Sara Hossain, one of the other three investigators appointed by the UN Human Rights Council, said.

.@UN Commission of Inquiry on the 2018 protests in #Palestine finds that "Israeli snipers shot at journalists, health workers, children and persons with disabilities, knowing they were clearly recognizable as such."
Full report: https://t.co/gYsjvByrsJ pic.twitter.com/Gq9SKNI7Qh

— UN Geneva (@UNGeneva) 28 February 2019

The commission, formed after more than 60 people were killed in a single day of protests last May, was tasked with identifying those responsible for rights violations in relation to the Great March of Returndemonstrations along Gaza’s eastern boundary.

Israel has  refused to cooperate with the UN investigators and denied them entry to the country. The investigators were prevented by Egypt from accessing Gaza through its territory due to security concerns, but has otherwise cooperated, according to the commission report.

The US, which was one of only two countries who voted against the commission’s formation, withdrew from the UN body in protest.

The commission’s report calls on Israel to immediately lift its blockade on Gaza – one of the key demands of the Great March of Return – and to investigate “every protest-related killing and injury, promptly, impartially and independently.”

Calls for accountability

A confidential file containing dossiers of alleged perpetrators of international crimes related to the Great March of Return will be handed over to the High Commissioner for Human Rights so that it can be transferred to the International Criminal Court.

The situation in the occupied West Bank and Gaza Strip has been under preliminary examination by the International Criminal Court since 2015. Its chief prosecutor issued an unprecedented warning to Israeli leaders last year that they may face trial for the killings of unarmed protesters in Gaza.

Recognizing that Palestinians in Gaza are barred from seeking remedy in Israeli courts, the inquiry report recommends that UN member states “consider imposing individual sanctions, such as a travel ban or an assets freeze, on those identified as responsible by the commission.”

The report also calls on third states to arrest “persons alleged to have committed, or who ordered to have committed, the international crimes,” or seek their extradition.

While Israeli leaders lashed out against the commission’s report, the UN investigators’ calls for accountability were welcomed by human rights and campaigning groups:

Nearly 200 unarmed demonstrators were killed, and 6,100 more injured, by military snipers, between the launch of the Great March of Return protests on 30 March and 31 December 2018, the period under review by the UN investigators.

“Another 3,098 Palestinians were injured by bullet fragmentation, rubber-coated metal bullets or by hits from tear gas canisters,” according to the commission report.

Four Israeli soldiers have been injured during the protests.

No Israeli civilians have been killed or injured due to the protests, though incendiary balloons and kites launched from Gaza have “caused significant property damage” in southern Israel, with the UN experts faulting the Hamas authorities in Gaza for not stopping “the use of these indiscriminate devices.”

The commission investigated all protest fatalities, and vetted the circumstances of 300 injuries by live ammunition.

The investigators noted only one incident on 14 May “that may have amounted to ‘direct participation in hostilities’ ” and another incident on 12 October “that may have constituted an ‘imminent threat to life or serious injury’ to Israeli security forces.”

Unlawful use of force

In all other cases, the commission found, “the use of live ammunition by Israeli security forces against demonstrators was unlawful.”

Israeli forces “killed and injured civilians who were neither directly participating in hostilities, nor posing an imminent threat. These serious human rights and humanitarian law violations may constitute war crimes or crimes against humanity.”

Copious amounts of audio and video footage of the protests were reviewed by the commission. Documentation of unarmed protesters, including children, being shot and killed or permanently injured are compiled in this short video published by the UN Human Rights Council:

The 22-page report released by the commission of inquiry on Thursday – a longer version will be made available next month – describes protesters being picked off by snipers while standing and holding Palestinian flags, paramedics being targeted while coming to the aid of the wounded, and children being killed while sitting, dancing or standing in a crowd.

Thirty-five children were killed during Great March of Return protests in 2018 (five more have been slain this year). Children were killed while posing “no imminent threat of death or serious injury to soldiers,” and four were shot dead “as they walked or ran away from the fence,” according to the commission of inquiry report.

“Israeli forces caused permanent disabilities to many of the 940 children shot during the demonstrations,” the report states.

Schoolboy Ahmad Ghanem, 15, was in a coma for a week after being shot during one of the protests. He and his father describe their ordeal in this video produced by the UN Human Rights Council:

Paramedics and journalists killed

Like Israeli snipers targeted children, knowing that they were children, paramedics and journalists marked as such were intentionally shot and killed, the commission of inquiry found.

Their report states that the occupied Palestinian territory, comprising Gaza and the West Bank, “is one of the most dangerous places in the world to be a health worker.”

Three paramedics have been killed while on duty during the Great March of Return protests.

Soldiers have shot four journalists in the abdomen, “just under their vests marked ‘Press,’” killing two of them.

Persons with visible disabilities have also been intentionally targeted, including Fadi Abu Salmi, whose legs were amputated following an Israeli airstrike the previous decade. Two deaf protesters were also shot in the head and killed.

Both men and women have been shot in the lower abdomen and groin, with victims telling the commission “that they were now unlikely to be able to have children.”

Protesters have incurred horrific injuries, with an international doctor describing to the UN investigators “massive open wounds in the legs, with skin and muscles ‘blown out,’ bones smashed to pieces, and damage to blood vessels leading to vascular injury, putting the entire limb at risk.”

The staggering number of casualties has put family breadwinners out of work and the burden of care on women, adding pressure on Palestinians in Gaza, where unemployment is the highest in the world.

The thousands of injuries have also “affected health care for all Gazans,” according to the report, with hospitals having to divert resources away from ordinary medical care.

“Approximately 8,000 elective surgeries were canceled or postponed, resulting in a backlog that will take years to address,” the report states.

Israel has meanwhile denied exit permits to injured Palestinians requiring specialized treatment not available in Gaza.

COGAT, the bureaucratic arm of Israel’s military occupation, denied a travel permit request from the family of Zakaria Bishbish, 14, shot in the back during protests on 30 May, giving no reason. The boy died from his injuries on 18 June.

In the video below, Khalil al-Faki, 19, describes the great efforts he had to make to receive necessary medical care – he was forced to travel alone internationally with a severe injury – and how he will have to wear a medical device on his leg for the rest of his life after being shot by an Israeli sniper:

Israel’s legal analysis refuted

The commission of inquiry refutes Israel’s attempts to justify its use of lethal force against protesters.

Israel continues to argue that the Gaza protests and its crackdown on them are “part of the armed conflict between the Hamas terrorist organization and Israel.”

But the UN investigators echo what Palestinian human rights groups have previously stated: that the demonstrations along Gaza’s boundary with Israel are a civilian matter of law enforcement governed by the framework of international human rights law.

The commission of inquiry affirms the civilian nature of the protest and their “clearly stated political aims.”

The Great March of Return sprang from poet and journalist Ahmed Abu Artema’s January 2018 call for a nonviolent march to the Gaza-Israel boundary to bring international attention to Palestinian refugees’ right to return to the lands from which their families were expelled in 1948.

Three-quarters of Gaza’s population of two million are registered refugees.

UN General Assembly resolutions 194 and 3236 affirm Palestinian refugees’ right to return but Israel has prevented them from doing so as it “would threaten the existence of Israel as a Jewish state.”

Abu Artema has said that his call for a mass mobilization in besieged and impoverished Gaza “was like planting a seed in fertile soil ready for growth.”

Under military occupation since 1967 and air, land and sea blockade since 2007, young people in Gaza “have no hope for their future,” according Abu Artema. “Something had to be done, we couldn’t wait anymore.”

He describes 14 May as a “bloody day” – during which dozens of protesters were killed, prompting calls for a UN inquiry – in this video interview:

An international journalist who covered the protests that day described to UN investigators “the slow, methodical shooting. Every few minutes, you would hear a shot ring out and you would see someone fall. And then another shot and another person fell. It went on for hours.”

The journalist added: “I couldn’t say how many people I saw who were shot because it was so high. I have covered wars in Syria, Yemen, Libya. I have never seen anything like this. The slow methodical shooting. It was just shocking.”