Thursday, April 11, 2019

Photo exhibition at Vadduvakal Bridge highlights plight of disappeared Tamils

A photography exhibition depicting the struggle of Tamil families of the disappeared to find their loved ones was showcased at Vadduvakal Bridge this week, a site where many of their families handed over their loved ones to the Sri Lankan military almost a decade ago.

10 April 2019
The exhibition, entitled "Album of Persecution: Justice- Despair- Tears", took place at the bridge on Sunday, just metres from Sri Lanka’s ‘Gotabhaya’ navy camp where soldiers continue to be stationed.

Photographs by prominent Mullativu based journalist and Tamil Guardian correspondent K Kumanan were displayed at the exhibition, in the hope of raising awareness and bringing more attention to the issue of enforced disappearances. The photographs show Tamil women on the roadsides, protesting and demanding answers to the whereabouts of their loved ones.

“The exhibition is a small attempt to shake the conscience of the world that didn't answer to the question – “Where are those whom we handed over to the military?””, said Kumanan.
The Human Rights Data Analysis Group and the International Truth and Justice Project carried out a study in December 2018, which estimated that over 500 Tamils were forcibly disappeared in just three days, after surrendering to the Sri Lankan army in May 2009 in the area around Vadduvakal Bridge.

ENSURE SUCCESSFUL TRANSITIONAL JUSTICE PROCESS IN SRI LANKA THROUGH VICTIM-CENTRIC ACTIONS IN COORDINATION WITH UNHRC – GTF

Image: Disappearances by S.P. Pushpakanthan.

10/04/2019

(10 April 2019, London) The statements made by the Sri Lankan delegates at the UN Human Rights Council (UNHRC) 40th session and again within a week after returning from Geneva are highly disappointing. The Global Tamil Forum (GTF) finds this disconcerting, considering Sri Lanka has just taken the positive step of co-sponsoring the HRC Resolution 40/1. The statements dealing exclusively with macho nationalism and inviolable sovereignty; constitutional scapegoats; and even misrepresentation about private meetings with high-ranking OHCHR officials were clearly aimed at pacifying the Sinhala hard-line elements. The merits of the UNHRC processes, the disappointments expressed by most countries regarding the pace of progress, and the failure to date to make real impact on individual victims and their families did not deserve any mention.

The core of the argument presented by Foreign Minister Marapana at the Human Rights Council centred on the Supreme Court resolving the constitutional crisis late last year and how that is giving credence to the independence of Sri Lanka’s judiciary. The peaceful resolution of that crisis is welcome, and it indicates improvement from previous years in the objectivity of the Supreme Court when it concerns constitutional matters. However, the Sri Lankan judiciary and other key institutions administering justice on serious crimes committed during the war, perhaps with the connivance of some who were associated with the government, is altogether a different proposition.

Speaking in the Sri Lankan Parliament after the passing of the Resolution 40/1, the Foreign Minister again ruled out the possibility for foreign judges, saying “Without legislation, we cannot have foreign judges sitting in our judicial system deciding the capability of our citizens. Even if we bring in such legislation, the Supreme Court will strike it down.” While his constitutional interpretation has been questioned by many, the Minister was oblivious to the fact that Sri Lanka co-sponsored the UNHRC resolutions three times, and the resolutions unambiguously specified the importance of including “Commonwealth and other foreign judges” in a Sri Lankan judicial mechanism, not as mere observers or advisers, but in full judicial capacity.

Not a single family affected by enforced disappearance has been able to ascertain the truth

It is an undisputable fact that ten years after the end of the war, not a single family affected by enforced disappearance has been able to ascertain the truth, or received justice or reparation, and no one has been punished for the war crimes committed. Even in the emblematic cases such as – the killings of 5 students in Trincomalee; the massacre of 17 aid workers in Muttur (both in 2006); and the murder of the high-profile journalist Lasantha Wickrematunge (2009) – there has been no judicial outcome more than a decade after. If the past is of any indication, there is not a single case or outcome to support the independence and impartiality of the judiciary when serious cases of human rights violations are heard – particularly when the perpetrators are security forces and those linked to the establishment, and the victims are Tamils.

There is no doubt among the victimised Tamil community and the human rights bodies that Sri Lanka lacks the capacity will and laws to criminalise atrocity crimes and provide witness protection. Hence credible international participation is vital in any worthy judicial process. Insisting continuously on a purely domestic court and judges will only lead to increased calls for an international judicial mechanism to address criminal accountability.

High Commissioner Bachelet was right

High Commissioner Bachelet was accurate when she addressed the Human Rights Council, stating “Sri Lanka’s process of implementing human rights reforms has been delayed due to the lack of common vision among the country’s highest leadership.” The deplorable statements by Sri Lankan officials during and after the UNHRC sessions are consistent with this lack of vision and leadership that is symptomatic of Sri Lanka’s troubled transitional justice process.

There never was a serious attempt to incorporate in the national dialogue the importance of accountability, the need to end impunity and the urgency of constitutional reforms to achieve genuine reconciliation, peace and prosperity benefiting all communities. A comprehensive plan to implement all aspects of the UNHRC resolutions in a timely and synchronised manner was never developed. Instead, it was always an ad hoc politicised process to keep the international community at bay, while no serious step was taken fearing it would result in political fallouts. At times it even appeared that imaginary opposition by extremist elements was used as cover to mask lack of political will. Justice for the victims and their families was never a serious concern.

The access to truth and justice should no longer be denied to the victims

Almost a decade has passed since the war ended and it is unconscionable to let the victims remain in limbo and suffer. The access to truth and justice – a basic universal human right – should no longer be denied to the victims, irrespective of their origins and backgrounds. Rather, a victim-centric approach and an action plan arrived in coordination with the OHCHR, along with full utilisation of Technical Assistance provided by UNHRC and other UN agencies is vital, to regain the momentum to prevent failure of the transitional justice agenda.

GTF fully concurs with High Commissioner Bachelet’s call that “the Sri Lankan Government should now refocus its efforts on fulfilling its obligation to provide justice and accountability and honour its commitments to establish the truth about what happened and to promote reconciliation,” and would like to reaffirm its commitment to assist such a process that will lead to true accountability, political resolution and closure to the emotional sufferings of the surviving victims. Only such measures will guarantee non-recurrence of conflict and foster durable peace for all peoples of Sri Lanka.

PRESS STATEMENT / 10 April 2019, London

Arrest of writer Sathkumara sparks debate on freedom of expression

12 April 2019

n April 1, award-winning author and poet Shakthika Sathkumara was
Mr. Sathkumara, a 33-year-old father of two, and Development Officer at the Nikawaratiya Divisional Secretariat, was arrested by the Polgahawela Police on a complaint filed by a group of monks of the Buddhist Information Centre led by the Ven. Angulugalle Siri Jinananda Thero. On February 25, this group had written to the Inspector General of Police (IGP), charging that the short story ‘Ardha’ (Half), penned by Mr. Sathkumara and posted on Facebook, was derogatory and defamatory to Buddhism, and had insulted the life of the Buddha and the Maha Sangha. Prior to this, the same group had complained against director Malaka Dewapriya for his radio drama series ‘Kanata Parak’.

arrested and remanded on contrived charges of inciting religious hatred, a move that has been decried by artists, academics and free-speech advocates as setting a dangerous precedent against the freedom of expression.

Mr. Sathkumara was initially remanded by the Polgahawela Magistrate’s Court until April 9, and was remanded for a further fourteen days until April 23 when the case was taken up a second time, despite appeals for bail from his lawyers. He was charged under the International Covenant on Civil and Political Rights (ICCPR) Act of 2007, and Section 291 of the Penal Code. The ICCPR Act criminalises the advocacy of “national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”. This provision replicates Article 20 of the ICCPR, which Sri Lanka ratified in 2007 with the aim of upholding and expanding international human rights standards.

Mr. Sathkumara’s lawyers argued that while the magistrate does not have powers to grant bail under the ICCPR Act, bail could be given under the Penal Code. However the police opposed bail on grounds that investigations were not yet complete.

Counsel Sarath Dassanayake appearing for the Buddhist monks submitted that the short story posted on the writer’s Facebook wall had included a semi-nude image and was intended to offend the public sentiments of Buddhists in respect to the Buddha’s lay life. He added that although the Constitution granted the freedom of expression, there were limitations to it.
In response, lawyer S.T. Jayanaga PC, appearing for the writer, quoted from Martin Wickramasinghe’s 1973 book ‘Bhava Tharanaya’ to show examples of literature written differently to the dominant narrative of the life of Siddhartha, before he attained Buddhahood. Mr. Jayanaga added that the police had failed to submit to court all material pertaining to the case, including the short story in question. He then submitted to court the text of the story, while stressing that reading its contents would reveal that it does not insult the Buddhist doctrine of beliefs.
The move to arrest and remand a writer for his work has sparked concern and condemnation from groups of artists and academics, and re-opened the debate on freedom of expression. Here is what some of them had to say:

Freedom of expression has gone for a six

With the government failing in a number of aspects of good governance, our only hope was that at least freedom of expression would prevail. That too has gone for a six now.
In the case of writer Shakthika Sathkumara, the ICCPR Act has no provision to limit someone’s right to freedom of expression. Instead it should protect a person’s basic human rights. A group of Sangha claiming to “protect Buddhism” is behind this arrest.
The second case is the blocking of a shoot of TV reality show ‘Asia Express’ in Kandy, alleging that a gay marriage was being shot. Sri Lanka has been chosen by Echoline, a Belgium TV production company with a global reach, to promote our tourist destinations, natural beauty, hospitality and culture. They have shot a series of programmes promoting Sri Lanka as a global tourist destination. Paying for such a promotion would cost billions. The minister in charge of the National Film Corporation, Sajith Premadasa, reacting to media reports, banned the shoot without even listening to the production party. It is reported that ‘Mahason Balakaya’ was behind this. If the values of the country’s art and culture are determined by these types of groups, what kind of place are we living in? Shouldn’t we protest?

Sri Lanka is not governed by clergymen, but by a democratic Constitution

We who respect democracy must condemn the arrest of Shakthika Sathkumara and demand his unconditional and immediate release from remand custody. Shakthika is an artist who uses his imagination and creativity to address social issues and he has dealt with a very critical social issue in this short story.
Article 20.2 of the ICCPR Act prohibits “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence’’. Such charges cannot be framed against this writer because his writing has nothing to do with discrimination or inciting religious fundamentalism. In fact, the same law can be used to defend Shakthika’s rights, as Article19.1 stipulates that “Everyone shall have the right to hold opinions without interference”.
Sri Lanka is not governed by a set of clergymen or a supreme religious leader, but by a democratic Constitution. We are a secular country. The Fundamental Rights chapter of the Constitution guarantees citizens the freedom of expression. Therefore, no one can make false charges against others or erroneously utilize provisions of international law. I hope the courts will understand the gravity of this case and release Shakthika immediately and clear him of all charges. If not we must fight against this unlawful situation and stand for true freedom of expression.

The artistic community must show their solidarity with Sathkumara

All artists must have the absolute right to freely express themselves through their work. No religious or social group, or any organisation for that matter, has the right to obstruct or undermine the freedom of expression of an artist.
The appropriate response to a work of art must emerge through artistic reviews and criticisms, and not by punishing the artist. Penalizing an artist for their work is characteristic of an undeveloped society.
The artistic community must show their solidarity with writer Shakthika Sathkumara and rally together to oppose the unethical and anti-cultural action taken against him.

Would Martin Wickramasinghe have been arrested for ‘Bhava Tharanaya’?

The ICCPR is a covenant of freedom and it should ensure the protection of civil and political rights. This freedom is limited under certain circumstances, like war or in cases of national security and public order. In addition to those general limitations, article 20 (2) states: “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”.
Sathkumara’s short story cannot be cited as inciting religious hatred. We witnessed that kind of hatred in Beruwala in 2014 and Digana last year. Furthermore, article 19 (2) states, “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”
Therefore the police decision to bring this charge under the ICCPR is totally unwarranted, and an attempt to abuse a mechanism of rights and freedoms to subvert its very purpose, solely for the vengeful intention of harassing a writer and an artiste, because it is only under this that they can keep him remanded for a longer period since the magistrate cannot grant bail.
This is a very dangerous situation where anyone can make a baseless allegation to suppress free expression, especially in art works. If Martin Wickramasinghe had been alive, would he have been placed under custody for ‘Bhava Tharanaya’? And even Hermann Hesse wouldn’t have been spared for the ‘crime’ of writing ‘Siddhartha’.

Criminal law has no place in this dispute

It is reported that Sathkumara’s writing brings the Buddhist clergy into disrepute. If this is true, the Buddhist clergy, and others, are entitled to criticise Sathkumara. That is part of their freedom of expression. However, criminal law has no place in this dispute. Criminal law should not protect feelings. So the Penal Code offence on “wounding religious feelings” is clearly archaic and unjustified. Criminal law is supposed to protect citizens from genuine harm to their physical well-being or property. For example, it should protect those who are harmed because a person incites violence. This is the primary aim of the ICCPR Act. But it is tragic that the Act has not been used to convict those who have actually incited violence against religious groups.
This incident demonstrates a weakness in the legal regime designed to protect citizens. The ICCPR Act, despite being a perfect replication of international standards, can be abused if the state wishes to take the side of the majority and target a person with unpopular views. So the problem is not with the text of the law, the problem is in its selective application to suit the will of the majority.

It is ironic that Sathkumara is called a heretic for attempting to see things as they are

“To see things as they are” is the purpose of art and even more so of philosophy. To deny what you see is to deny the path to truth itself. It is ironic that Shakthika Sathkumara is called a heretic for attempting “to see things as they are” in a philosophy that teaches you the doctrine of Dhukka and invites the individual to “come and see” for oneself. The heretic and the traitor are the inverted products of a society that indulges itself in hypocrisy.

This is a dangerous turn of events

Jayathilaka Kammallaweera makes a significant observation in the letter he writes in response to Shakthika Sathkumara’s arrest over writing a short story that allegedly insults Buddhism. Kammallaweera recalls his own experience of writing a novel which questioned certain aspects of institutional Buddhism, and recalls how the book even got positive reviews. In fact, when one examines Sinhala literature in general, one notices that sex, sexuality and religion were subjects that were discussed often and quite openly.
In the past decade, however, the cultural context of Sri Lanka, and in the world for that matter, has transformed in a rather negative way with fundamentalist religious groups and far right organizations assuming the role of a repressive cultural police. In Sri Lanka, there have been several cases where fundamentalist groups have aggressively, and even violently, assumed the position of the guardians of culture and morality; they have demanded the censorship of certain works of art. In Sathkumara’s case, the group has even demanded his arrest. This is a dangerous turn of events. When the state, military organizations and/or religious institutions assume authoritarian positions on art and culture, that denotes the tragic fate of the artist and creativity. We should all stand against this type of censorship and violence against creative expression.

To discredit a work on these grounds is to discredit the entire Sinhala literary tradition

It is a unfortunate to see how fragments of Buddhist clergy, who for centuries have upheld a diverse literary tradition, are now threatening their own cosmopolitan view on literature by pushing the state to forcefully challenge the freedom of creativity.
Since the beginning of the Sinhala literary tradition in the Anuradhapura period, texts like the ‘Mul Sikha’ and ‘Sikha Walanda Winisa’ have served as disciplinary manuals for monks, and are considered part of Sinhala classical literature. They demonstrate the region’s fluid gender identities before colonialism imposed “western” binary categories, and are evidence of a “liberal” literary ethos that both writers and audience adhered to.
Even though any relationship that evokes lust, prejudice or attachment is against Buddhist teachings or the monastic code, such relationships have been at the core of literary content. So to discredit a work on these grounds is to discredit the entire Sinhala literary tradition.
The Buddha said no one insults you as long as you do not take any one else’s words, actions or emotions as insults. We need a Buddhist practice and activism based on unconditional metta, karuna and upekha, not on the misinterpretations of the ICCPR Act.

A civilized society cannot suppress, censor or ban artistic expressions

Throughout history, tales of fiction and legend have been integral to the development of artistic expression. Language is a sign system, and writers have used literary devices such as irony, metaphor, satire, sarcasm and allusion in their creative expressions through language.
A civilized society cannot suppress, censor or ban artistic expressions. In feudal times Lords and Kings suppressed people’s freedoms. But today artists should not need the approval of anyone, including temples, churches, the police or politicians to engage in their work as in the middle ages. Writings related to Buddhism, Christianity, Hinduism and Islam are also works of literature, that were developed by writers. This is why such works are subject to so much interpretation.
Artists must have the freedom to critique various subjects, including religion. It is a fallacy to imagine that such freedoms can be curtailed by law. Therefore we must stress that no restrictions can be placed on artistic expressions.

The police or courts cannot judge or value art

Artistic creations are based on characters and incidents, and they fulfil an important function by questioning the different roles played by groups and individuals in society.
Therefore it is a serious issue when a work of art which questions the role of the clergy is portrayed as being harmful to religion, and court orders are obtained against the artist.
At present, the violent behaviour and hostile speech of certain monks and politicians is openly displayed to the public. Some even have sexual abuse charges against them. Why then is an artistic work that discusses these issues silenced? The law cannot be used to cover-up such wrongdoings on charges that religion is being harmed.
Also, a work of art doesn’t assume greatness simply because it questions the clergy. Its value is decided by how audiences and critics respond to it over a period of time.
The police or courts cannot judge or value art. If they do, that is a serious issue. In such cases, there’s more public interest in the work when it is restricted by the law. Even I read the short story in question after I heard the writer was remanded. Likewise a large amount of people read it because the writer was remanded.

Cultural policing is a silencing of the marginalized

It is very disturbing that an Act like the ICCPR that supposedly protects people, ordinary individuals, who have no state or other forms of backing, turns against them.
I don’t know too much about the procedure that was followed in the arrest of Shakthika Sathkumara, and therefore will not comment on it, but we as a polity need to question the premises of the arrest.
Last year, we saw cases filed against Malaka Dewapriya’s radio plays, for absolutely no reason. This trend is catching on, and if we do not speak out now, we will never be able to. The law is there to protect people, not to take away their sense of being, and the little power they have within the system. The story by Sathkumara is a portrayal of a young person’s trauma and desires, very much located within that psychology. How does it become an incitement to hate and rioting? We cannot have “cultural police” placing the ordinary actions of people under surveillance. Cultural policing is a silencing of the marginalized, victims and the powerless. We must speak out now.

The Buddhist way is to offer criticism and to review when you disagree with an idea

A basic criterion of a developed society is tolerance and respect for diversity. In such a society collective well-being is not endangered. So the idea of respect and tolerance is inbuilt in this society.
Buddhism is based on a tradition of critical thinking. Gauthama Buddha was critical of various ideas, and the society of his time was tolerant of these views. The Buddha never went to any authority or king to resolve any difference on his behalf. He was a practitioner of non-violence.
Most importantly, the Buddha’s life was his lesson. There was no gap in what he preached and how he lived. Our present ideas of Buddhism and tradition contradict these values.
In this case, the writer may have hurt someone. The Buddha’s ideas also might have hurt some people of his time. Anyone is allowed to express new ideas. But the present Buddhist order has such a power, that when legal tools are used, they can put someone behind bars. This is not the Buddhist way. The Buddhist way is to offer criticism and to review, when you disagree with an idea.
This is a very dangerous precedent akin to the Taliban system. Any person, including Shakthika, has a right to express and criticize, and state power cannot be used to block this right. If it is an idea, inferior to yours, you may offer criticism and perhaps come up with a new idea. As a Buddhist, it saddens me, especially because I absolutely oppose censorship.

Sri Lanka: Nagananda Filed Corruption Case Against Judges In Top Court

April 8, 2019

Attorney-at-Law Nagananda Kodituwakku has filed a complaint against three judges in the Supreme Court today for alleged corruption.

Mr. Kodituwakku was suspended from practising law for three years by the Supreme Court last month. The suspension was carried out as he was found guilty of defaming the former appeal court judge, Vijitha Malalgoda.

Below is the affidavit he submitted along with the complaint against judges before the Bribery Commission in Sri Lanka.

Sri Lanka Nagananda Filed C... by on Scribd

Best Moment To Abolish The Presidency?

By S. I. Keethaponcalan –APRIL 10, 2019

Dr. S. I. Keethaponcalan

Lankans have been trying to abolish the executive presidential system for a long time. Ever since the system was introduced in 1977, a segment of the populace and many political parties were in the forefront of the campaign to do away with the system. The promises, proposals, and campaigns failed to produce results partly because many of the attempts were not entirely sincere. Many political leaders love the system obviously due to the unlimited powers it confers on the government of the day.

Given the existing political environment and realities in Sri Lanka, I am inclined to believe that this is the best movement to abolish the presidency. I am also inclined to argue that this perhaps is the last opportunity to do so because failing to abolish it now would indicate how deeply we are entrenched in the system. I won’t make that argument. Sri Lanka has also become considerably unpredictable. However, it is safe to argue that if it is not abolished before the upcoming presidential election, the executive presidential system will stay here for a long time to come.

My belief that this is the best moment to abolish the presidency is founded on the electoral politics involving the presidential election and predicament of most powerful political leaders of the day: President Maithripala Sirisena, Prime Minister Ranil Wickremesinghe, and Opposition leader Mahinda Rajapaksa. All three of them could benefit from a transition to the Westminster system of government.

Maithripala Sirisena

First, Maithripala Sirisena is keen to secure a second term as president. However, he does not have enough votes to win the next election, which most probably will take place in January 2020. He won the presidency in 2015 with votes of the United National Party (UNP) and minority votes. The UNP certainly is not backing him up again, not necessarily due to the recent hostilities between Sirisena and the UNP, but the changing political realities. In 2015, Ranil Wickremesinghe’s level of confidence was low, and the party was looking for an unconventional candidate who could fetch Sinhala-Buddhist votes. Sirisena brought the additionally needed votes from the Sinhala heartland. Majority of the Tamil and Muslims also voted for him.

This time around, realities are different. Majority of the Sri Lanka Freedom Party (SLFP) votes will go to Mahinda Rajapaksa’s new party, the Sri Lanka Podujana Peramuna (SLPP), the UNP votes will go to the party’s candidate, most probably Wickremesinghe and the Tamil votes will also not be available due to Sirisena’s increasing nationalist actions and language. The point is that Sirisena has no chance of winning the upcoming presidential election.

Can he continue in active politics after losing the presidential election? Doubtful. Without presidential powers, there is no guarantee that the SLFP will keep him as the leader of the party. In the absence of Mahinda Rajapaksa and Sirisena, Bandaranaike family could make a comeback and take control of the party. Losing the presidential election will severely dent the possibility of Sirisena continuing in politics as a powerful actor.

On the other hand, if Sri Lanka goes back to the Westminster system now, the SLFP could undoubtedly win a number of seats which will help Sirisena to continue in politics and be part of the political game. He could even form an alliance with the SLPP and become part of the government. Also, anything could happen in 2025.

I understand that there has been a proposal to make him the “nominal” president if the system is changed. It is not clear if Sirisena will be interested in a nominal position. However, the proposal adds another layer of benefit to the President if he comes forward to support the abolition.

Ranil Wickremesinghe

Wickremesinghe conceded the candidacy to Sarath Fonseka and Sirisena in 2010 and 2015 respectively due to the belief that he cannot win enough votes to secure the presidency. This time around, it seems, he is the one to represent the UNP in the presidential election. It also appears that he had already kick-started his campaign. However, given the socio-economic condition of the country, the UNP can hardly anticipate a clear margin of victory in the presidential election.

Wickremesinghe could rely on the majority of the Sri Lankan Tamil votes. Indian Tamils traditionally vote with the UNP in presidential elections. The Ceylon Workers Congress (CWC) voted in favor of the budget last week. The CWC’s vote on the budget increased the likelihood of Indian Tamils voting for the UNP candidate. Ranil Wickremesinghe’s challenge is to preserve about 32 percent of the votes the party gained in the local government election. If he can do this, he can reach the fifty percent votes required to win the election.

Wickremesinghe’s fortunes also depend on the SLPP candidate. Now, it is almost clear that Gotabaya Rajapaksa will be the SLPP candidate. This is good news for the UNP and Wickremesinghe. One, his candidacy will magnify the Tamil votes for the UNP. Two, the UNP could use “democracy” or “possibility of authoritarianism” as a main slogan in the election as socio-economic factors could work against the UNP. In other words, Gotabaya’s candidacy will provide the UNP a useful election mantra. Nevertheless, Gotabaya will be a formidable candidate and cannot be underestimated.

What this indicates is that Ranil Wickremesinghe’s chances are dependent on too many complicated factors and a victory cannot be guaranteed. On the other hand, losing the election will also bring immense pressure on him to relinquish leadership of the party. In the past, Wickremesinghe has successfully withstood this type of pressure. This time around it could be different. It seems that Sajith Premadasa is ready to accept the mantle. One could expect added pressure on Wickremesinghe if the party is defeated in the presidential election.

On the other hand, if the system is changed, electoral outcomes are not the responsibility of one person. Under the Westminster system of governance, a general election defeat in 2020, will not help oust Wickremesinghe from the party. Hence, Wickremesinghe also stands to benefit from the abolition of the presidency and transition to the parliamentary system.

Thieves, murderers or Nagananda?

11 April 2019

According to Kodituwakku’s vision for the country future MPs will have to be either graduates or should have studied up to that level

After every election the same set of shifty mugs are seen in Parliament. There is never a change. Whether they are in the Government, in the opposition or on the fence they are happy. They know they are going to have a jolly good time at the expense of the citizens of the country. If you are still watching broadcasts in the TV channels you cannot, but be amused by the contradictory statements of the MPs from the same party or the same alliance; they have forgotten what they had said the day before and now say just the opposite. After seventy years they still promise us a new, bright future for the umpteenth time. They accuse one another of wrong doings. Now it is cocaine addiction, before it was non declaration of assets, even their sexual misconducts, illicit alliances and ‘samanala’ activities are publicly exposed. The president takes the cake for saying unconnected, irresponsible nonsense.

His campaign against drugs, at this juncture, loudly tells the whole world that the presidential election is near. Do you remember he said at the beginning that he never wanted to be the president a second time? All of them seems to be in a chaotic, clueless mood not knowing where they are or what they are doing or where they are going.

The new constitution is our only hope
They tried to silence him with a three year suspension
There will be only one law for the whole country

The time is ripe for a clean break with the rotten past or rather with the rotten present. Go out on to the street and ask anybody about the government, a passerby, a three wheeler driver, a fellow passenger in a bus or the train, a sidewalk hawker, anybody, and they would say the same thing: throw out the whole lot, all 225 of them and their clueless and devious president. Sri Lanka Cricket epitomizes what has happened to the country. Do not insult dogs by saying SLC has gone to dogs. It is worse. SLC has gone to bookies. After all, four years of ‘Yahapalanaya’ has nothing to show. No thieves have been caught, none have gone to jail and not five rupees has been recovered of the billions stolen! Not a single power plant built after 2015 and we are left in the dark. But the CEB top brass and the politicians are happy buying power at exorbitant prices from the private generators; and nobody questions the blatant conflicts of interest in the deals. They say set a thief to catch a thief and that is what we did in January 2015 but, Aiyo! the thieves instead got together and robbed us again!

Enough is enough

When 11 young men of all communities are abducted and held for ransom while millions and goods are collected from their desperate parents before they (the young men) are finally killed, where is justice? Are those naval suspects, war heroes or the muck of humanity? How is it that these politicians or the judiciary, police or the president do not see the clear difference between a dastardly crime that cries to heaven for retribution and military operations to save the integrity of the nation? Now we begin to hear three words from here, there and everywhere louder and louder: Enough is enough.

What can be done to rid the country of these robbers? They have built the prevalent ugly system, which is all to their benefit, which robs and exploits both the resources of the country and the wealth of the people, which keeps the people imprisoned in it without giving them any alternative to themselves. In fact in their system even if they are rejected by the people in the hustings they can creep back in to the legislature through their unethical national list. Today there are no political parties in the country. A genuine political party has an eminent goal or a Vision and a logical, practica plan to achieve it. What have these current political parties to show? They are only robber gangs or mafias. They are the UNP mafia, the SLFP mafia, the SLPP mafia, The TNA mafia, the JVP mafia etc. Even the constitution has been amended to suit, their need to remain in power and their thievery. To save the country for the future generations we must break out of this prison. To break out of this political prison people need a new constitution.

There is no doubt about it, Nagananda is intelligent. His ability to remember so many dates, issues and his ability to talk clearly, logically and to the point without wasting time is phenomenal

Surveying the political scene around us today I can see nobody who has a plan that could possibly lead to freedom except for the public interest litigator Nagananda Kodituwakku. First, let us talk about his plan. The plan is simple and brilliant. In the current rotten context I see no other way out. It is an autochthonous exercise by the people adopting a new constitution acceptable to them and forming a new government. It is a constitution drafted by the ordinary citizens of the country not by the politicians or by committees appointed by them or their cats’ paws in the judiciary. People will get this opportunity at the next presidential poll when the new constitution will be presented to the people for their vote. The presidential election will act as a referendum. Unlike President Sirisena, who lied to the people calling himself a party-less common candidate and after winning the elections committed the vilest betrayal in recent history turning his back on the 62 lakhs of UNP voters and floating voters and went over to the SLFP, Nagananda will truly be a party-less common candidate for he has no allegiance to any political party. He has no political manifesto. He has only a new constitution and he will be leading a movement called the National People’s Movement. It is not an organized political party with a manifesto.

Before coming to the man himself I think it would be relevant to become familiar with the newness of the constitution of Nagananda and his team. Here are some of its salient features: The country will be a unitary state. The executive presidency will be abolished. The provincial councils will be abolished. The legislature will be reduced to 125 MPs. The cabinet will be restricted to 15. MPs will not have salaries or pensions; they’ll only get an allowance. Pensions of MPs will be abolished retroactively. More money will be saved. The doubled membership in the ‘pradeshiya sabhas’ will again be halved. Half the expenses will be saved. With that amount of government funds being saved paying back the country’s debt will be made easier and giving education 6% will not be a problem. MPs will not get car permits, petrol shed permits, wine shop permits etc. to sell for millions. MPs will have to be either graduates or have studied up to that level. Nobody with a criminal past or such allegation will be allowed to tender nominations. No person will be qualified to be elected as a MP more than twice. The parliament will be back at Galle Face.

As soon as the new constitution comes into force the judiciary will be dissolved and new people will be appointed by a constitutional council. The Constitutional Council will consist of 9 eminent, learned people and chaired by the Speaker, the only politician. There will be only one law for the whole country. Muslim law, Udarata law and Thesawelami law will be abolished. The national list will be abolished. All court cases will have to be concluded within six months! What a blessing! Only serious crimes like murder, rape, child abuse etc. can go on for one year and not one day more. The punishment for corruption, swindling people’s money etc. will be the gallows. Proportional representation system will be changed to the old, first past the post system. Citizens will be empowered to recall their MPs. There will not be urgent bills. Foreign Service will be strictly restricted to career diplomats. Those who have robbed the people’s wealth will be given one month’s amnesty to return the loot, failing which they will be charged, tried, convicted and jailed. The sovereignty of the people will be inalienable and fully protected. What more can we ask for in a people friendly new constitution? When a new constitution like the above is voted for by the people and receive the 51% majority we shall truly have a democracy as defined by Abraham Lincoln “A government of the people, by the people, for the people.”

Can we trust this new comer? Maybe he is a better actor than MR, wilier than RW and a worse betrayer than MS, who knows? Having made that cautionary remark let me get at the man, Nagananda Kodituwakku. All I know about him is from the You Tube clips, his interviews on TV channels and from a friend of mine who attended his gathering on the 17th Sunday, March. So far I have not heard or read any clear allegations against his character. Is he genuine and can
we trust him?

Intelligent

There is no doubt about it, Nagananda is intelligent. His ability to remember so many dates, issues and his ability to talk clearly, logically and to the point without wasting time is phenomenal. His voice, his body language, his conviction of what he is saying, his daring commitment to his nation-saving-project reveals authority and sincerity. He is not a politician and he doesn’t want to be one, he is aiming at what the ancient Greeks called – a philosopher-ruler or in modern terminology a statesman. He bases himself on the tenets of Buddhism. His self-confidence as a practicing Buddhist is evident. Not simply because he says so, but because his attitude and his authoritative communications reveal so. What is coming forward at the next presidential election is a constitution not a person! He also has a shadow cabinet of eminent women and men of integrity. As time goes by my doubts about him are slowly vanishing.

As a public interest litigator he has over a dozen cases in the Supreme Court. He has spent on them his personal finances. He has done the country a fantastic service. The culprits of the Wilpattu desertification, the selling of car permits, the national list etc. are worried for they are bound to lose the cases, go to jail and pay compensation. They tried to silence him with a three year suspension of his license as an attorney. But he is carrying on none the less as a private citizen. Nothing seems to stop him. The more I listen to him the more I realise that his way is the only way out of the mess we have got in to. His vitality and his optimism are contagious. He gives us hope.

How is it that these politicians or the judiciary, police or the president do not see the clear difference between a dastardly crime that cries to heaven for retribution and military operations to save the integrity of the nation

Trusting somebody is always a risk. In this world 100% certainty about anything, especially about human beings, is never found. Yet in life we need to take risks, we need to trust people, we place our future in the hands of other people. There is no other way to live. Every time we take a bus we place our lives in the hands of the driver. Every time we go to hospital we place our lives in the hands of the doctors and once I had a narrow escape; they would have called it a medical misadventure but it was culpable negligence; I am lucky to be alive. That is how life goes.

The new constitution is our only hope and maybe this is the last chance to save Sri Lanka. For the sake of our children, let us get rid of the present set of political pests. Let us not be deceived yet again by the permanently-in-power-scoundrels. And so I conclude thus; thieves, pimps, murderers or Nagananda? We have a choice. Or do we?

Abaya’s victory at the wrong court

Friday, 12 April 2019

Four Muslim teachers from a Hindu majority Government School in Trincomalee suddenly realised one day that their Islamic religiosity appeared devalued because of the saree they were wearing and therefore decided to revalue their piety by switching to the black coloured abaya, which is a recently adopted Arab cultural dress and spreading no doubt in many parts of the Muslim world.

That there is a correlation between the spread of this dress and a religious ideology that supports it is never in doubt. However, the school authorities, forgetting the fact that theirs is a government school, reacted by reminding those teachers that they were breaking the traditional norms of the school and insisted that either they switch back to the saree or leave the school.

Had that school been a private institution, its authorities would have been on a stronger wicket. This incident, as expected, got mixed up with the relevant ideology and led to public protest from sections of the Muslim community. In the end, the teachers took their case before the Human Rights Commission of Sri Lanka and won a decision in their favour. Congratulations!

This victory over a piece of dress raises a number of other issues that will continue to fester interreligious and inter communal-relations in plural Sri Lanka, although HRCSL urges the Government and its educational establishment to encourage tolerance of cultural and religious diversity.

On the question of a dress, the basic or primary criterion that should decide its acceptability or suitability is the climatic condition in which that dress is worn. Sri Lankan is a hot and humid country in which the dress one wears should be loose enough to allow air to penetrate and cool the body while adhering to the cultural values and norms of the society in which the wearer lives.

There is a difference of opinion about whether black or lighter colour dress suits hot and humid climate. However, it appears that ‘floaty, breezy, delicate fabrics of the lighter colours allow all the solar heat fighting its way to our skin to just reflect away instead’.

Even if black is acceptable, the tightly-fitted head cover of abaya will be extremely uncomfortable on humid days. The sweat it produces is bound to create health problems. The saree instead avoids these discomforts. This is why it became indigenous to the Indian subcontinent and Sri Lanka. Let the scientists and medical experts and not All Ceylon Jamiyyatul Ulema (ACJU) have the final word on this.

The second issue is the relative religiosity of abaya. This assumed Islamicity automatically downgrades saree wearers as less Islamic. This means millions of Sri Lankan Muslim women, both alive and dead, are and were condemned as imperfect Muslims, if not non-Muslims. This is the absurdity of the conclusion to which the Islamicity argument drives one.

Thirdly, even if one goes along with the Islamicity criteria there are two other conditions that need to be justified according to Islamic jurisprudence. One is ‘dharurat’ or necessity, and the other is ‘maslahaor’ welfare. Is abaya a necessary attire for a woman to be a pious Muslim? A corollary to that question is, does cloth make a Muslim?

To answer these questions in the affirmative would devalue the entire faith of Islam. The second condition is more important than the first, especially in a multicultural, multi-religious and multi-ethnic society like Sri Lanka. Does abaya enhances or disturbs public welfare? Welfare in this context would mean public peace, cultural acceptability and national integration.

In short, shouldn’t the promoters of this attire and the teachers who took their case before HRCSL also care for a verdict from the court of public opinion? This court is more important than the court of HRCSL. In deriving the rules of ‘fiqh’ in Islam ‘ijma’ or public opinion is one of the sources.

Does this ijma include only Muslim opinion or even non-Muslim opinion in a society where Muslims live as a minority? Any dress that appears confronting in the eyes of the majority will make the wearers increasingly isolated.

Above all, there is an element of hypocrisy in the fight for abaya in terms of human rights. It can cut both ways. If it is a human right to wear that dress then it is equally a human right if a Muslim girl wants to get out of it and wear something different. This freedom is denied in several Arab countries.

In Sri Lanka, the democratic ethos that prevails in this country has allowed those teachers to fight for and win their human right. Will these heroes and heroines be brave enough and dedicated enough to fight for human rights demonstrate in front of the embassies of such countries in Colombo demanding those rights be extended to their sisters in the Middle East?

Sri Lanka's wartime defence chief sued in U.S. over alleged torture and murder

Shihar Aneez-APRIL 10, 2019

FILE PHOTO: Gotabaya Rajapaksa, Sri Lanka's former defence secretary and brother of former President Mahinda Rajapaksa looks on during an interview with Foreign Correspondents Association of Sri Lanka in Colombo, Sri Lanka March 27, 2017. REUTERS/Dinuka Liyanawatte

COLOMBO (Reuters) - Sri Lanka’s former defence secretary Gotabaya Rajapaksa, who oversaw the crushing of Tamil Tiger rebels under his brother Mahinda Rajapaksa’s rule a decade ago, is being sued in two cases in the United States for his alleged role in torture and murder, according to a lawyer and court documents.

Gotabaya, popular among many Sri Lankans for his role in winning a 26-year war that ended in 2009, has expressed interest in running for president in elections later this year.

Since the end of the war Gotabaya has been accused by rights groups of multiple crimes during the civil war, including extrajudicial killings. He has rejected the allegations.

Milinda Rajapaksha, Gotabaya’s spokesman, said the former defence secretary has yet to receive “any official document or notice” on the cases.

“We see this as pure political revenge, part of propaganda designed to tarnish his image by vested interests for their own political mileage,” Rajapaksha told Reuters, without elaborating.

The South Africa-based International Truth and Justice Project (ITJP), in partnership with U.S. law firm Hausfeld and human rights lawyer Scott Gilmore, filed a civil damages case in California this week against Gotabaya on behalf of a Tamil torture survivor, Roy Samathanam.

The case alleges that Samathanam was detained in the capital Colombo in September 2007 by the Terrorism Investigation Division of the Sri Lanka police, who reported directly to Gotabaya, and was physically and psychologically tortured and forced to sign a false confession before being released in August 2010.

“Samathanam had no options left to seek justice in Sri Lanka or at the United Nations,” Gilmore told Reuters. “That’s why we brought the case in the United States when we found Gotabaya Rajapaksa returning to California.”

Gotabaya, a dual U.S.-Sri Lanka citizen, is planning to renounce his U.S. citizenship as required by Sri Lankan law to run for president, his close allies have told Reuters. His spokesman did not confirm this.

The case, filed in U.S. District Court for the Central District of California, was brought under the Torture Victim Protection Act, which gives torture victims legal redress in U.S. courts, Hausfeld said in a statement.

A statement from ITJP said that Gotabaya was formally served with notice of the case in a supermarket parking lot in Pasadena, California on Sunday after being tracked by private investigators.

In a separate case, Ahimsa Wickrematunga, the daughter of murdered investigative editor Lasantha Wickrematunga, filed a complaint for damages on April 4 in the same U.S. District Court in California for allegedly instigating and authorising the extrajudicial killing of her father, documents seen by Reuters showed.

In her complaint, Ahimsa said that after the murder of her father in January 2009 Gotabaya and his allies obstructed her “efforts to seek justice in Sri Lanka by tampering with witnesses and engaging in a pattern of coercion and intimidation”.

Wickrematunga, an outspoken editor of The Sunday Leader newspaper, often clashed with politicians including Gotabaya.

Reporting by Shihar Aneez; Editing by Alasdair Pal and Frances Kerry

UNF a handicap horse in presidential race

12 April 2019

his is a presidential election year and pre-campaigning has already begun. Although none of the main parties has declared who its presidential candidate would be, election mathematicians are already busy mapping out the winning probabilities of likely candidates. Like in a handicap horse race, the ruling party carries the heaviest burden of liabilities. Weighted against it are its failures, unfulfilled promises and the anti-incumbency factor.
Given the ruling United National Front government’s not-so impressive mark sheet, it faces an arduous task in convincing the voters to make its candidate win. It is too early to predict that UNF leader Ranil Wickremesinghe and Sajith Premadasa can form a winning combination, with the latter being promoted as the prime ministerial candidate. One does not know what tricks the UNF’s opponents have up their sleeves. It is doubtful that the UNF plans counter-strategies to defeat its opponents’ plans. The October 26 coup against Prime Minister Wickremesinghe bears testimony that the party, in its naiveté, had not anticipated President Maithripala Sirisena’s stab in the back, just as it was caught unawares when the then President Chandrika Kumaratunga dissolved parliament in 2003, while Wickremesinghe’s party enjoyed a comfortable majority.

A political party spying on rivals is basic political behaviour. Politics is about capturing, maintaining and enhancing power. A seasoned political party will place its agents in rival parties to get information. The famous Watergate incident that led to the resignation of the then US President Richard Nixon was all about his attempt to bug the Democratic Party office to steal information. Also in the US, during the last presidential campaign, a former British Agent was hired by a research group to prepare a dossier on Donald Trump’s Russian connection. It was funded by the supporter of a Republican candidate during the primaries and later by the Hillary Clinton team. This is politics 101.

Many would agree that after the demise of Gamini Atukorale, there has not arisen a strategist of repute in the UNP. Is there anyone in the Grand Old Party to match the skills of Sri Lanka Podujana Peramuna architect Basil Rajapaksa? He is said to be working out a plan to field a ‘front’ Tamil candidate to deny the UNF part of the Tamil votes, something in line with the plan that bore fruit at the 2005 race.

Like all ruling parties, the UNF came to office by duping the voters into believing that, if elected, it would establish good governance, eliminate corruption, end the culture of violence in politics, restore media freedom, improve the economy, bring in more foreign investors and create jobs. Such gimmickry is fast losing its shine, with voters becoming exposed to social media memes and wisecracks on the ruling party’s failures.
Except for a few, the UNF pledges remain under-fulfilled, generating negative feelings in the minds of the voters. Ask psychologists, they will say that, in human minds, negative memories – about failures, harms and hard feelings -- stick better than the good memories. We often forget the good things relatives, friends or neighbours have done for us, and become cross with them, the moment they harm us, intentionally or unintentionally, with their words, actions or omissions.
Thus there is nothing unusual, when people talk less about the UNF’s positive achievements, such as its successes in curbing political violence, restoring media freedom to a great extent and bringing in more checks and balances to prevent abuse of power by the government arms.

However, for people to talk more about a government’s achievements and less about the unfulfilled promises, its accomplishments need to be extraordinarily impactful, like the war victory of the Mahinda Rajapaksa government. It is because of the 2009 civil war victory that Rajapaksa still remains a political magnet capable of drawing millions towards him, despite negativities linked to nepotism, corruption and human rights violations.
But as far as the UNF government is concerned, none of its achievements during the past four years is as glittery as the Rajapaksa crowning jewel -- the war victory. If only the UNF government had won the economic war and achieved high economic growth, or succeeded in the anti-corruption battle, it could have, at least, had a few aces to match the Rajapaksa magic in a political contest.
A government is re-elected based on its performance. The manner in which a government in office handles the economy is a key factor that decides its fate at the reelection. The present government’s scorecard on economic performance is pathetic, if not below par. Widely being discussed or mocked at is the yawning gap between what was expected of the government four years ago and what has been delivered. The mega projects it touted as game changers are stuck or moving at snail’s pace without adequate funds. With most Sri Lankan voters being poor in their economic literacy, they grasp not fully the government’s struggle to deal with the debt burden, balance of payment crises and other economic problems.
Most people thought that if the business-friendly UNP was in government, foreign direct investments would flood the country and transform the nation into a next Malaysia. But as the government’s term nears its final year, the economy is growing at a dismal 3.5 percent – the worst in South Asia. The FDI flow has not happened as it did during the 1977 UNP regime. In parliament recently, opposition legislators pointed out that instead of a foreign investment inflow, the government has triggered an outflow, with the stock market experiencing a prolonged nose-dive.

There was much fanfare over the March 24 ceremony to announce what has been touted as Sri Lanka’s biggest ever single investment – the US$ 3.8 billion oil refinery. But there are more questions than dollars in the project.
True, the economy suffered a blow during the 51-day political crisis last year, but to say that it was the root cause for the misery is misleading the people. The excuse could have been plausible, it the UNF had attributed the slow growth to its national government experiment going wrong, leading to instability, which, in turn, eroded investor confidence. There is little national and much cloak-and-dagger politics in Sri Lanka’s national government experiment, where the undercurrent is one of party interests superseding national interests.
On the corruption score, too, the government’s performance appears to be a sham. The very coalition that came to end corruption came to be embroiled in scam after scam – with the bond issue tarnishing the UNF’s image beyond repair.

In addition, the government is seen as deliberately slowing down investigations and prosecution of major crimes said to have taken place during the previous regime. The government’s failure has added credence to the opposition’s claims that the investigations are a witch-hunt.
The power cuts are also a testimony to poor governance. The government stands accused of not being proactive enough to take measures to overcome the power crisis, though warnings had been sounded since 2012.
With these being some of the weights on the UNF handicap horse, the party cannot afford to slumber with a false sense of complacency, if it wants to win the next presidential election.