Impeachment moves against Sri Lanka chief justice may be politically motivated says IBAHRI

Wednesday, 31 October 2012-Plese listen to speech

The Human Rights Institute of the International Bar Association (IBAHRI) says that the reported attempt by the Sri Lanka government to impeach Chief Justice is perceived as a politically motivated move to curtail the independence of the judiciary.

IBAHRI co-chair Baroness Helena Kennedy, QC, has told BBC Sandeshaya that IBAHRI regards the recent physical assault on JSC Secretary Manjula Thilakarathne, the constitutional challenge against Divi Neguma Bill and the attempts to impeach the Chief Justice as events that are linked to each other.

Elaborating further, Baroness Kennedy has said that although any government has a right to take action against the senior judges, under the current circumstances in Sri Lanka in which the judiciary has come under increasing threats and intimidation, whatever action taken by the government against the judiciary will be perceived as politically motivated.

At a time when the president and the chief justice are at loggerheads it might be perceived as an attempt to remove the Chief Justice as the government does not like what the judiciary is doing, she said.

IBAHRI sincerely hopes, she said, that President Mahinda Rajapaksa will take serious note of the concerns raised by the world body representing lawyers worldwide.

She said although the Sri Lankan government has initiated investigations against Chief Justice Shirani Bandaranayake’s husband’s alleged financial mishandling, the CJ’s conduct and that of her husband are unrelated affairs.

In a confidential letter sent to Sri Lanka President last week, IBAHRI has expressed serious concern over the threats and intimidation against the judiciary in the island.

Plese listen to speech

Stock Market Crisis and Oligarchic Interests

by Ahilan Kadirgamar-August 25, 2012

The resignation last week of Securities and Exchange Commission (SEC) Chairperson Tilak Karunaratne, after he blamed "a mafia of high net worth investors and their crony stockbrokers" for mobilising political pressure, has further exposed the crisis in the stock market. Over the last year, there has been much discussion of two aspects of this crisis. First, the collapse of the Colombo Stock Exchange (CSE) from one of the best performing markets in the world two years ago - when the market value of the CSE quadrupled from the end of the war to its peak within two years - to one of the worst performing markets this year. Second, reports of increasing political interference, market manipulation with the resignations of SEC Chairperson Indrani Sugathadasa late last year and now Karunaratne. The first aspect of the crisis relates to the returns from financial investments and the second to the regulations that are in place to ensure the so-called smooth functioning of the stock market.

A crisis reveals contradictions. A crisis also invites for good or bad interventions by various actors attempting to consolidate their interests, including those claiming to resolve the crisis. The difficult question is how such crisis relate to the unravelling and consolidation of regimes.

Boom and Bust Read More...

Sri Lanka: A look at the Rajapaksas prior to the UPR

Guest Column: By Usha Sriskandarajah-Dated 29-Oct-2012

As Sri Lanka’s Universal Periodic Review (UPR) gets underway on November 1, 2012, the Rajapaksas seem impregnable, their grip on power stronger than ever before.

The Rajapaksas have so much at stake at Sri Lanka’s UPR what with "credible allegations" of War Crimes and Crimes against Humanity hanging over their heads and an awful human rights record to defend, with a poor ‘action plan’ that would not end or investigate abuses. It’s obvious the administration is doing everything to impress the key players selected for the review process but thus far their submissions show that the administration has made very little progress in implementing the recommendations of the Lessons Learned and Reconciliation Commission (LLRC), the main thrust of the resolution passed at the 19^th session of the UN Human Rights Council (HRC).

The Rajapaksas wield absolute power in Sri Lanka, Theirs is essentially a ‘one family rule’ bolstered by political patronage and the unwavering support of the Sinhala Buddhist Sangha; a dictatorship that has now embraced the extremist Sinhala Buddhist supremacist philosophy as a means of survival; the JHU and JVP now playing only second fiddle.

Nepotism and corruption are the norm in Sri Lanka.

The last ‘US Country Reports on Human Rights Practices’ made particular mention of the ‘family rule’ in Sri Lanka : The government is dominated by the President’s (Mahinda Rajapaksa) family; two of the President’s brothers hold key executive branch posts as defence secretary and the minister of economic development, while a third brother is the speaker of Parliament," the report said.

Additionally Namal Rajapaksa the son is now known to be the anointed successor to the father, Mahinda.

The Rajapaksa brothers and their families together control 70% of the country’s budget. The ‘Divineguma Bill’ that has created much controversy, apart from the much resented 18th amendment, is in itself designed to bolster the executive presidency over provincial councils, increase avenues for amassing more wealth and to fortifying the family’s hold on power.

A statement by the former US Assistant Secretary of State for public affairs, Philip J. Crowley expressing his view on the 18^th amendment bulldozed through parliament by the Rajapaksas within a span of day, illustrates the extent of that power: (The 18^th amendment) "eliminates term limits for the president and expands the power of the president over independent institutions, including the elections, police, and human rights commissions, as well as the judiciary. The United States is concerned that this constitutional amendment weakens checks and balances and thus undermines the principles of constitutional democracy. The United States calls on the Government of Sri Lanka to promote the principles of good governance, democracy, and independent State institutions.　 The United States looks to the government to take measures that will strengthen democracy including appointing appropriately qualified officials to bolster independent institutions, increase transparency, enhance power sharing and dialogue, and promote national reconciliation," the statement held.

During his recent visit to Sri Lanka in September, Robert O’ Blake, the US Assistant Secretary of State expressly mentioning corruption, has called on

Sri Lanka to "cut corruption and create transparent processes for investors and also avoid unpredictable actions such as expropriating property." The resignations of Securities and Exchange Commission Chief Tilak Karunaratne and his predecessor Indrani Sugathadasa are indicative of the corruption that is endemic everywhere in the country. Ahilan Kadirgamar in his article ‘Stock Market Crisis and Oligarchic Interests’ explains the crisis in the stock market, quoting Tilak Karunaratne as blaming "a mafia of high net worth investors and their crony stockbrokers" for his resignation.

http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=60029

Tisaranee Gunasekera for the Sunday Chronicle in an article ‘Corruption as a Tool of Rajapaksa Rule’ exposes some of the irregularities the Rajapaksas and in this case Basil Rajapaksa is involved in: Basil Rajapaksa and "Maga Neguma" (Improving Roads) are accused of by the "Committee on Public Enterprises" (COPE) for "defaulting road-contractors of "a massive Rs 1.2 billion". She writes, "The defrauded contractors have not sought legal redress because they fear Rajapaksa’s ire, according to a COPE member.

Read moreabout Sri Lanka: A look at the Rajapaksas prior to the UPR

 

WikiLeaks: US On Sri Lanka’s 2008 UPR Strategy At UN

By Colombo Telegraph -October 31, 2012

“Samarasinghe is an important interlocutor, especially in the conext of the Consultative Committee on Humanitaria Access (CCHA), which he chairs. Our recent intractions with him on human rights issues have beenless productive, with Samarasinghe often appearing to be engaged in simple damage control efforts. Defending Sri Lanka’s spotty human rights record is a difficult task, and Samarasinghe in this meeting appeared uncharacteristically nonplussed. The upcoming UPR will constitute a major opportunity for member states to question Sri Lanka on its failure to address human rights concerns. Samarasinghe is well aware of this and is seeking to use this to prod action on the Constitutional Council and perhaps other concerns.” the US Embassy Colombo informed Washington.

Sri Lanka’s Mahinda Samarasinghe before a special session of the Human Rights Council. Photo by Jean-Marc Ferre/United Nations

A classified diplomatic cable which details a meeting then US Ambassador to Colombo Robert Blake has had with Human Rights Minster Mahinda Samarasinghe on January 25, 2008 The Colombo Telegraph found the related cable from WikiLeaks database. The cable is classified as “Confidential” signed by Robert Blake on February 11, 2008.

Ambassador Blake wrote ”Ambassador met Human Rights Minster Mahinda Samarasinghe on January 25 to discuss a range of U.S. concerns about Sri Lanka’s human rights situation, including recent incidents. Samarasinghe explained Sri Lanka’s strategy for engagement with the UN Human Rights Council, emphasizing the GSL’s resistance to a separate office for the staff of the High Commissioner for Human Rights (OHCHR), but expressing willingness to accept technical assistance for Sri Lanka’s national Human Rights Commission. Samarasinghe made clear that Sri Lanka was opposed to discussing its human rights performance in a Special Session of the HRC, but was preparing its submission for the Universal Periodic review in mid-May. Samarasinghe appeared at times to be at a loss to account for discrepancies in government accounts of several human rights incidents and recent developments.”

“Minister Samarasinghe told Ambassador and Pol Chief on January 25 that the GSL was engaged in a full-press effort to prepare for the Universal Periodic review (UPR) of Sri Lanka in mid-May 2008. Samarasinghe said Sri Lanka welcomed the opportunity for a discussion of its human rights record “in a controlled atmosphere,” indicating that the GSL would resist any effort to place Sri Lanka on the agenda of a Special Session. Sri Lankan government entities such as the Ministry of Foreign Affairs, the Attorney General’s Office, and the Human Rights Commission were all working on Sri Lanka’s submission to the UPR, which would be due in March. Samarasinghe said he had exhorted his colleagues to try to make progress on the international community’s concerns between now and May, confiding that he would not be comfortable going into such a review based on the current state of play. ‘I told them they need to give me something to work with.’” Blake further wrote.

Related posts;

WikiLeaks: “I Haven’t Had An Easy Time With Rajapaksa Brothers” – Mahinda Samarasinghe

Read the cabale below for further details ; SRI LANKA: MINISTER’S STRATEGY FOR ENGAGEMENT WITH HUMAN RIGHTS COUNCIL

INLAND REVENUE EMPLOYEES DEMAND PAY RISE

INLAND REVENUE EMPLOYEES DEMAND PAY RISE

October 31, 2012

The Inland Revenue Employees’ General Union staged a protest today (31) demanding a pay rise to meet the increasing cost of living. The protest took place in front of the Inland Revenue Department. (Pic by Manjula Charantha)

Government Questioned Ahead Of UPR

Wednesday, October 31, 2012

• Total of 99 countries to speak on Sri Lanka

By Easwaran Rutnam

Several countries have submitted advance questions to Sri Lanka on human rights issues and the Northern Provincial Council elections, ahead of the Universal Periodic Review (UPR) on Sri Lanka to be held in Geneva on Thursday.
The United States, Britain, Canada, Spain, Denmark, Mexico, the Czech Republic and the Netherlands are among the countries which have submitted questions to Sri Lanka.
Meanwhile a total of 99 countries have been listed to speak on Sri Lanka during the review, with each country having a minute and 12 seconds.
The report on Sri Lanka will then be adopted on Monday, November 5 after the views of the government and other countries are taken into consideration.
In its questions submitted in advance, the United States has asked why there is a delay in holding elections for the Northern Provincial Council, and what can the government do to move the election date up from September 2013.
The US has also asked what the status is of the Witness and Victim Protection Bill that the Government committed to passing during the 2008 UPR first cycle.
It also questioned the status of the investigations into the Channel 4 video, the assassination of five students in Trincomalee (January 2006), the execution of 17 ACF aid workers in Muttur (August 2006), the murder of 10 workers in Pottuvil (September 2006), the assassination of The Sunday Leader Editor Lasantha Wickrematunge (January 2009), and the disappearance of cartoonist Prageeth Eknaligoda (January 2010).
“Given that not all the recommendations of the LLRC report were included in the LLRC Action Plan, what will happen to those recommendations that were not included? Will the recommendations not included in LLRC Action Plan be implemented at a future date? How does the Government propose to carry out an independent assessment on the progress of the activities in the LLRC Action Plan?” the United States asked.
Meanwhile Canada noted that although the Menik Farm IDP camp was closed in September 2012, not all IDPs were able to return to their original homes, and there are concerns that relocations were not done in accordance with international standards.
Canada has asked when the Government of Sri Lanka will enact a Right to Information Act to ensure greater transparency for its citizens and what the Government has done to implement devolution of powers stipulated in the 13th Amendment to the Constitution.
Britain has meanwhile sought an update on the progress made by the Court of Inquiry appointed by the Sri Lankan Army to investigate allegations of war crimes and if the deliberations of that Court will be made available to the public.
“We would be grateful to know whether the government of Sri Lanka will issue an invitation to the six UN Special Procedures that have outstanding requests for visits. If so, when?” the note sent by Britain said. The UN High Commissioner for Human Rights Navi Pillay and the Sri Lankan government have already submitted their reports for the UPR on Sri Lanka.
The UPR involves a review of the human rights records of all 192 UN Member States once every four years.

Call to expose Sri Lanka abuses

THE AUSTRALIAN

AMANDA HODGE, SOUTH ASIA CORRESPONDENT

From:The Australian

October 31, 2012 12:00AM

THE UN is under pressure to expose Sri Lanka's failure to improve its human rights record when it scrutinises the country's progress in a four-year review tomorrow.

The Sri Lankan government has said it is prepared for the review and has sent a high-powered delegation to Geneva for tomorrow's sitting in which almost 100 countries have signalled their desire to question the nation over its rights record.

Shout to resolve nurses' issues

WEDNESDAY, 31 OCTOBER 2012

Nurses’ unions today staged a protest outside the Health Ministry urging the authorities to introduce a new recruitment process for nurses. Pix by Kushan Pathiraja

The Final Medal For A Major’s Service

By Chanaka Roshan-Wednesday, October 31, 2012

Rehan Wijeratne (L) and Malak Silva (R) had allegedly assaulted Major Susena.

The Military Intelligence Corps (MIC) is like the heart of a country’s defence force. In the Eelam war, this particular unit in the Sri Lanka Armed Forces made a painstaking effort to gather and retrieve information about the activities in Tiger controlled areas and about their leaders. It was because of the unique talents of these men, hard core LTTE leaders like “Newton” got disappeared in the streets of Colombo. It was the MIC which terrorized the terrorists.
The track record of the MIC in the line of duty extends to greater extents like obtaining critical information to send senior tiger leaders like Thamil Selvam to meet their maker. As a group who were invincible to the terrorists were so powerful that no one dared to challenge them. But the war has ended. Once war heroes who were decorated and worshiped by the politicos are now play things for their off springs. And the most recent act of valour conducted by two “Minister Sons” has made the once mighty task force start to tremble.
The siblings who started this foul play are Malaka Silva and Rehan Wijerathne. Malaka is the son of Minister Mervin Silva. And Rehan is the son of Former Minister Mano Wijerathne. And Malaka holds a dirty track record of thug acts at five star hotels.

Read More »

WikiLeaks: ‘We Will Make Sure The Report To Congress Is Identified As Secondary Source Reporting’ – Blake To Gota

By Colombo Telegraph -October 31, 2012

“Blake said that the report requested by Congress on potential violations of international humanitarian law and crimes against humanity committed during the final stages of the conflict is expected to be released in mid to late October. It is secondary source reporting and we will make sure it is identified as such, Blake said.” the US State Department wrote to US Embassy Colombo.

Blake

“However, part of political reconciliation is identifying an accountability process to deal with past human rights abuses and look at what occurred in the final stages of the war. Rajapaksa responded that commissions like these are going to tear the people apart, suggesting that LTTE supporters would exploit the process. He said the government did a lot to control wide-scale abuses, such as those, he implied, that had occurred in the past. Mass rape and village massacres did not occur during the GSL’s campaign, and he pointed again to the positive overall experience in the Eastern Province. In that case, said Blake, the GSL had nothing to fear from a national dialogue and reconciliation. Rajapaksa said the government is committed to winning hearts and minds, but it has only been three months since the end of fighting.” the US State Department further wrote.

A classified diplomatic cable which details a meeting the US Assistant Secretary for South and Central Asian Affairs Robert Blake has had with Secretary to the Ministry of Difence Gotabhaya Rajapaksa on September 24, 2009 in US. The Colombo Telegraph found the related US diplomatic cable from the Secretary of State section of the WikiLeaks database. The cable was classified as “Confidential” signed by Hillary Clinton on September 25 2009.

Related stories to this cable;

WikiLeaks: After The War Gota – Blake Meeting In America

WikiLeaks: Eight Thousand IDPs Disappeared – Gota To US

WikiLeaks: Gota Pleaded That He Had Not Received The Credit He Deserved – US State Department

Floods affect 17,000, displace 1,500
October 30, 2012

by Dasun Edirisinghe

As inter monsoon rains lashed all parts of the country, floods affected more than 17,000 civilians while displacing 1,500 people in eight Districts, the Disaster Management Centre (DMC) said.

DMC Assistant Director Sarath Lal Kumara told The Island that 1,500, 48, 27, 19, 274, 48, 1,945 and 15,000 people were affected by floods in the Mullaitivu, Nuwara Eliya, Kegalle, Kurunegala, Kandy, Colombo, Trincomalee and Gampaha Districts respectively.

He said that 13 houses were completely damaged and 29 other suffered minor damages due to floods.

"Fortunately, no deaths have been reported so far, but 15 people have been reported missing in the Kinniya Divisional Secretariat area of the Trincomalee District," Kumara said.

The deputy director said that worst affected Districts were Trincomalee and Mullaitivu.

The Meteorology Department said that the cyclonic storm, ‘Nilam’ still persisted to the east of Sri Lanka.

Meteorologist – in – charge D. A. Jayasinghaarachchi said that heavy rain and strong winds would continue in the North-Central, Northern, Eastern and North-Western provinces for few more days.

"Other areas of the country would also receive rain with some places experiencing heavy downpours," he said.

Jayasinghaarachchi said that the seas, off the coast, extending from Mannar to Trincomalee via Jaffna and Mullattivu would experience strong winds, very rough conditions and intermittent rain.

Therefore, the fishing and naval community have been further advised to refrain from maritime activities in those seas, he said.

Meanwhile, National Building Research Organisation (NBRO) issued a landslide alert countrywide.

Head of the Landslide Research Division of the NBRO R. M. S. Bandara said that there were no major incidents reported, but people must be vigilant due to continuous rains.

He said that the Hatton – Nuwara Eliya road and Kande Handiya – Ragala road, in the Nuwara Eliya District, were inundated yesterday due to earth-slips.

Bandara said however, that it was not a disaster but mounds of earth had fallen onto the road due to road construction.

Meanwhile, the JVP urged the government to provide relief to the affected people in the North, especially in resettled areas.

JVP MP Sunil Handunnetti said that people in Pudukudiyirippu, Wellamullaivaikkal, Kopay and Mullaitivu had been displaced due to floods.

"The government resettled them in temporary shelters recently," he said adding now their temporary shelters had bbeen washed away by the flood water.

Naval sources said that the predicted cyclone moved away to Andra Pradesh in India, but heavy rains would occur for two more days.

He said that despite the almost non – stop rain there were no major incidents except tanks and lakes overflowing.

Parliament​arian Sridharan visits flood victims in Mullaitivu

[ Tuesday, 30 October 2012, 04:33.33 PM GMT +05:30 ]

Thousands of people residing in the low lands of Mullaitivu district vastly affected from the flood water and displaced from their residence. These people were currently residing in the schools and churches in the area, sources said.

People from the Iranaipaalai,Mulliwaikaal, Puthumathalan, Ambalawanpokkanai,Anandapuram,Thirumurikandi, Hindupuram,Kopaipulawu, Kokkilai and Karunatukeni areas in Mullitivu districts were effected from flood waters. Roads in these areas were submerged with flood water. Tamil National Alliance parliamentarian Sivananam Sridharan, Wligamam North Pradesgiyasabaha deputy chairman S.Jeevan, Kokuvil Kalwari center pastor V.Kanagaraja directly visited to the flooed affected area and also distributed packets of milk powder and biscuits for flood victims. Rough sea condition reports in the Mullaitivu area. Military personals continuously cause disturbances for flood victims and also relevant officials fails to provide bottles of drinking water and cooked foods for these victims.

Diaspora engagement with young Sri Lanka MP’S

by Victor Cherubim

( October 30, 2012, London, Sri Lanka Guardian) A follow up current visit by an interparty, young parliamentarian (under 40) delegation from Sri Lanka from Government (SLFP), Opposition (UNP) and a representative from TNA was facilitated by the Royal Commonwealth Society, International Alert and One Text Initiative, after their earlier exploratory visit to UK in December 2011. The findings of their first visit formed the basis of a Joint report recently circulated to their fellow M.P’s and the Government on the UK Tamil diaspora interest in Sri Lanka. Though the MP’s feel it is a slow process, the dialogue has commenced.

"Although years have gone and the dead cannot be brought back, if some recommendations aimed at securing greater confidence building among the diaspora are considered, it will be a way forward"

The meeting was organised by Tamil Information Centre, London as previous. The delegation met a cross section of the diaspora in Kingston, a suburb of London on 27 October 2012. There were more women than men at the meeting, reflecting a widespread concern for women victims of war and unresolved issues back home. It was an organised, on-confrontation gathering without official hard-line diaspora organisation representation. Tamil organisations, such as GTF, BTF, Transnational Government in exile and others were conspicuous by their absence. It was anybody’s guess whether they were invited or wanted to participate or have been marginalised.

Read More »

Lawyers urge the Government to cease attack on Judiciary: urge public to standby Chief Justice and the Judicial Service Commission (JSC)

(Lanka-e-News -30.Oct.2012, 11.00PM) The Lawyers’ for Democracy are concerned about the ongoing unprecedented mudslinging campaign and all forms of attacks against the Judiciary. This has far reaching and repercussions on the rule of law.

We are shocked to hear of the contents of the parliamentary debate where there were baseless attacks on the JSC and we are further disturbed at the fact that the parliament has been mislead on the appointment of the Secretary of the JSC.

There is a general apprehension that an impeachment motion is being contemplated targeting the Chief Justice with a view to intimidating her on her judicial pronouncements.
We consider it as an attack on the independence of the Judiciary and on the Rule of Law. Having regard to the importance of the independence of the Judiciary we unreservedly call upon the government to cease this onslaught on the Judiciary.

We further express our fullest confidence in the Chief Justice and the JSC and the Judiciary in general. We hope that the public will stand by the Judiciary at this hour of need. We urge that all public conscience citizens to come forward to protect the last bastion of Democracy and Justice.

Sri Lankan says there never an ethnic conflict
By Agencies-2012-10-28
The Sri Lankan government Sunday said there was never an ethnic conflict in the country but only a war against terrorism.

Defence Secretary Gotabaya Rajapaksa said that all ethnic groups on the island are coexisting peacefully although historically the minority Tamil community did face some issues.

He said that the Tamil Tiger rebels, who claimed to have fought for the rights of the Tamils, had no interest in peace but instead exploited the respite given through peace talks and ceasefires to kill its opponents and strengthen its offensive capabilities.

"Although it claimed to be fighting for the rights of the Tamil community by trying to establish a separate state, its sole interest was in increasing its stronghold over the territories it dominated in order to establish its own freedom," the Defence Ministry quoted Rajapaksa as saying.

Rajapaksa said that ethnicity, language, religion, caste and gender have no bearing on people's opportunities in Sri Lanka.

"This is amply borne out by the statistics. If we look at the universities, it is evident that students from all communities pursue studies in a variety of fields. There is no discrimination with regard to the services provided by the state, nor are there any serious tensions amongst the communities living in the country, " he said.

He added that every opportunity has been given to the rehabilitated and reintegrated ex-rebel cadres to resume normal lives in society.

Many programs have been launched, including those to support them to set up their own businesses, obtain funds for self- employment and undertake farming and fisheries related activities.