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Sri Lanka: One Island Two Nations
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Sri Lanka: One Island Two Nations
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Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Thursday, August 31, 2017
“We vehemently refuse to be deceived again”: Protests by families of disappeared, continuing abductions and empty promises
Photography from Sri Lanka Brief
RUKI FERNANDO on 08/30/2017
Above was the last line in a press release issued on 17th August, by Association for Relatives for Enforced Disappeared in Kilinochchi district, at a press conference in Colombo. It came in context of 6 month long protests by Tamil families of disappeared in the North and East, and empty promises by President Sirisena and much talk about a new Office of Missing Persons.
Today, 30th August, the International Day of the Victims of Enforced Disappearances[i]. The above could be a good start to reflect about preventing disappearances and searching for truth, justice and reparations for disappearances that has happened in Sri Lanka. Three trends come to my mind.
Reports of continuing abductions / disappearances and threats to those campaigning
Earlier this month, an activist based in the North was reported to have gone missing[ii]. Last month, there were reports of an attempted abduction of a student activist in Colombo[iii]. Earlier this year, a trade union leader was abducted in Colombo and released after being warned to “mind his own business”. The latter two had happened at the height of protests by students and workers. Based on sworn statements of survivors, the International Truth and Justice Project has reported 21 persons having been abducted / illegally detained and subjected to torture or sexual violence in 2016 and 3 in 2017[iv]. I couldn’t find information about the fate of the first person, but the others have been released, some after warnings and some after paying money. Two weeks ago, the wife of a disappeared man reported having being slapped and warned of “severe consequences” if she didn’t give up the (6 month long) protest she had been part of[v]. And in March 2017, soldiers were reported to have photographed, followed and threatened Northern journalists who were on an assignment to cover a protest by families of disappeared. The soldiers had insisted that the journalists needed to get soldier’s permission[vi]. All of the above, except the trade unionist and student activist, were Tamils.
Lack of answers after six months of protests and meetings with the government
Tamil families of disappeared, largely women, have been engaged in continuous and indefinite protests in five locations in the North and East, for about 6 months. One of their primary demands is that President Sirisena keep a promise he made to them to “release lists of persons who surrendered to the Armed forces in the final phase of the war”[vii] on 12th June 2017. Sinhalese family members of disappeared, like Mauri Jayasena from Anuradhapura also continued their unceasing campaigns to find truth and justice for their disappeared husbands. But despite multiple engagement and dialogues with the government, there have been no answers to them.
Empty promises of institutions and laws
The above trends appear to be largely ignored by the government, and those sympathetic and supportive to it. Instead, they there is optimistic talk about the OMP and a draft bill criminalizing disappearances. Almost as if disappearances in Sri Lanka could be addressed only through these, while ignoring continuing abductions, threats to campaigners, long protests and empty promises.
These three trends indicates a serious disconnect in addressing disappearances in Sri Lanka. But it doesn’t have to be so. The protesting families and many of their supporters are also expecting the law criminalizing disappearances to be enacted sooner than later[viii]. And they are supporting a victim centric, effective, independent OMP to be set up soon and have repeatedly made practical contributions towards this[ix]. They have been engaging with numerous Ministers, Government officials, at the protest sites and also by coming to Colombo. Several families leading the protests and some of their supporters had also served in the Zonal Task Force of the Consultation Task Force on Reconciliation mechanisms, a government initiative.
But how could families of disappeared have faith in promised institutions and laws when reports of abductions continue to emerge and there are reprisals against campaigners, and when there is no indication of firm, fast and transparent action against those responsible? Other key factors to bridge the disconnect will be if President can keep the promises he made, and if there is more sensitivity and support towards mothers, wives, fathers who have been at roadside protests in the North and East from rest of the country.
Evolution of the protests
The protests started with families of disappeared persons in Vavuniya staging a fast unto death in January this year, demanding information about their family members who had disappeared. Their leader, Jeyavanitha, a Tamil mother, clutches a campaign leaflet of President Sirisena and asserts that one of the school girls in uniform next to the President is her daughter.
As health conditions of elderly women fasting in Vavuniya deteriorated, the State Minister of Defense met the families at the protest site. He promised a meeting with several senior Ministers in Colombo, and families agreed to temporarily suspend the protest. That meeting was marred by controversy, as the government had invited some Tamil National Alliance (TNA) MPs, which the families didn’t want. TNA MPs had eventually left, but based on what the State Minister for Defense had told him, TNA Spokesperson reported to media that the families wanted priority for their own family member’s cases. Several of those actually present at the meeting till the end told me that they never asked for this, and insisted on answers to all families of disappeared. More than 6 months after, the meeting had not yielded anything. But in meantime, the families had waited for two weeks and recommenced their protests, which has now exceeded 6 months in it’s second phase.
The Vavuniya protests appeared to have triggered series of protests by other Tamil families of disappeared, with protests starting in Maruthankerny, Mullaithivu and Killinochchi in the North and Trincomalee in the East. Most at the vigil were women. They had to battle cold nights at the beginning and then the heat, dust and rain. While participating in these protests on behalf of disappeared children, women had to send other children to school and worried about safety of teenaged girls at home. Some went to work and came to the protest site in the night. During my visits to them from January to August, I sensed dejection, desperation and waning of spirit and physical strength. But families have disappeared have held on till now.
On 30th May, after 100 days of protesting, the families in Kilinochchi, convened a larger protest, with families of disappeared from all major districts in North and others from East and few from Colombo joining them. Police tried to obtain a court order to prevent it, but the Magistrate refused. Protesters rejected meetings with the Prime Minister and yet another “Committee”, but after a 5 hour blockade of the major A9 road to north, during which only ambulances were allowed to pass, they obtained a meeting with the President, which happened on 12th June – in which the President made promises that have not been fulfilled todate.
The protesters had tried to reach out to Sinhalese, through appeals, letters and banners in Sinhalese. Despite their desperate situations, and weariness in repeating their stories and being photographed by strangers I took with me everytime I visited, we were always warmly welcomed and even offered meals. Some expressed disappointment about lack of support from activists from Colombo and other parts of the country, and from Tamils in the North itself. Two weeks ago, the families came to Colombo to reach out to Colombo based media.
A few Hindu Temples, Churches, shop owners, journalists and Tamil diaspora groups had extended support by providing food. The protest in Kilinochchi has been held in the premises of the Kandasamy Temple. University students, auto drivers, shop owners, clergy have also extended symbolic support by visiting and in April, a day of hartal was observed across the North. Few Sinhalese, Muslim and Tamil families of disappeared, including Sandya Ekneligoda, wife of disappeared journalist Prageeth Ekneligoda and an award winning prominent activist, travelled several times from Colombo to extend solidarity and support.
OMP
The President has been stalling the establishment of the Office of the Missing Persons (OMP), promised in September 2015, and for which legislation was rushed through in August 2016, bypassing promised consultations with families of disappeared and public. Then, after 10 months of silence and apparent loss of interest, an amendment was passed by parliament, removing an article that enabled the OMP to enter into agreements with external parties. Suggestions by families of disappeared were not even considered as amendments. And finally, last month, a gazette notice was issued, assigning the OMP to a ministry held by the president – when the constitution prohibits the President from holding this ministry. The requirement in the OMP Act to gazette a date OMP will come into effect is yet to be fulfilled, and there is no indication when this will be done. If the OMP is established under the present ministry it has been assigned to, it’s legal standing is questionable. And so, nearly 2 years after the promise, there is still no OMP, there is no time line for its establishment, leave alone when it will give answers to families who have been waiting for decades.
The OMP is latest of number of Commissions of Inquiries appointed by successive Sri Lankan governments, to address disappearances. According to the government, more than 65,000 complaints have been received by these Commissions since 1994[x]. Despite promises made nearly two years ago, the government has failed to publish key reports of previous Commissions, such as the Mahanama Tillekeratne and Paranagama Commission, the latter having functioned under both the previous and present government.
The government has made legislative provisions have been made to issue Certificates of Absence, but it’s not clear what procedures have been put in place to actually issue these. Earlier this month, I met government officials across the Killinochchi district who told me they had not heard anything about this.
The government ratified the International Convention against Enforced Disappearances, but without accepting article 31 that will allow families of disappeared and other Sri Lankans to complain to the UN Committee monitoring the implementation of the convention. The government has also promised to criminalize enforced disappearances, but that too has not happened for nearly two years. A draft bill was expected to have been debated in parliament, but was postponed indefinitely. And at the same time, the government has failed to repeal the Prevention of Terrorism Act, and counter terrorism laws are being drafted without any public consultations, containing draconian provisions that can serve as license for enforced disappearances.
Economic justice
Despite widespread poverty amongst families of disappeared, there are no systematic initiatives to ensure economic justice for families. For many families, poverty is linked to the disappearance of the main breadwinner of the family. The right of the families to reparations has been relegated to an Office for Reparations, an entity that is likely to take even longer than the OMP to be established. There has been no response from the government to appeals for interim relief. But, even amongst supporters of families of disappeared, and amongst families themselves, there appears to be reluctance to talk about this important aspect. This is probably due to fear that it may undermine demands for truth and criminal justice, including through offers of minimalistic, temporary and unsustainable financial and material assistance. “We want our children, not chicken or certificates” thus became a slogan at protests and during hearings of Commissions of Inquiries. Administrative measures such as certificates of justice, interim relief measures or sustainable livelihoods, must be seen as a right by itself that compliments and not substitutes rights to truth and criminal justice. Protests, court cases, international campaigns etc. are likely to be more stronger, sustainable and independent if families of disappeared, especially mothers and wives, have stable livelihoods and are able to feed, educate, house, provide healthcare for one’s children who are still with them.
Moving forward
It’s important for the OMP to be operational as soon as possible, firmly rooted within constitutional provisions, with no ambiguity about its legal standing. At least at this stage, the recommendations of the families of disappeared should be taken seriously, including having families of disappeared and individuals of integrity and competence, who have confidence of many families of disappeared, women, ethnic and religious minorities in leadership positions. Independent international involvement is a must. And the government should criminalize enforced disappearances, upholding the spirit and letter of the International Convention, before the OMP begins its operations.
But the OMP should not be the only focus. The families of disappeared await response of the President to promises he made to release lists of detainees, surrendees and detention centres and publishing of Commission of Inquiry reports that many of them gave testimony to. In context of broken promises in the past, they don’t have much faith in the President’s promises. Hence, they have decided to continue the protests while awaiting a response. But there appears to be little support for these 6 month long protests and urgent demands of the families from the mainstream media and most activists in North & East, Colombo and rest of the country.
This is also a time for families of disappeared to assess their long struggles, recognize some achievements and plan next steps and phases of what is likely to be an even long and continuing struggle. This could include thinking of effective, long term and sustainable alternative strategies to present form of continuous protests. It would be important to think about strengthening alliances in Colombo and across Sri Lanka as well as internationally – with families of disappeared across the country and beyond, and potential allies such as activists, artists, academics, clergy, trade unions and mainstream Sinhalese and English media. The disastrous memorandum emanating from protest in Vavuniya in June, literary saying “we only believe in USA, only USA can help us, USA come and save us”, could serve as a wakeup call for all Sri Lankans. To be conscious of various political influences on the protests, but not to dismiss what’s fundamentally a struggle by desperate families to find their loved ones who had disappeared. And 30th August can also be a day to reflect why our elderly mothers, fathers, sisters and brothers, had to resort to such desperate and drastic calls, undertaking roadside protests for more than 6 months to find disappeared family members.
[i] http://www.un.org/en/events/disappearancesday/
[ii] https://twitter.com/garikaalan/status/900005138412191744
[iii] http://www.hirunews.lk/166456/two-ministers-accuse-police-for-their-attempt-to-abduct-convener-medical-faculty-student-activists
[iv] http://www.itjpsl.com/assets/ITJP_unstopped_report_final.pdf (page 8, section 1 – B)
[v] http://www.jdslanka.org/index.php/news-features/human-rights/702-tamil-woman-activist-campaigning-for-disappeared-threatened-with-death
[vi] http://www.tamilguardian.com/content/tamil-journalists-threatened-sri-lankan-soldiers
[vii] https://english.dgi.gov.lk/news/latest-news/1265-president-meets-family-members-of-missing-persons
[viii] https://www.slguardian.org/2017/07/sri-lanka-womens-call/
[ix] Press Release by Association for Relatives of the Disappeared, 17th August 2017
[x] http://www.mfa.gov.lk/index.php/en/media/media-releases/6502-cabinet-certificates-of-absence
Photography from Sri Lanka Brief
RUKI FERNANDO on 08/30/2017
Above was the last line in a press release issued on 17th August, by Association for Relatives for Enforced Disappeared in Kilinochchi district, at a press conference in Colombo. It came in context of 6 month long protests by Tamil families of disappeared in the North and East, and empty promises by President Sirisena and much talk about a new Office of Missing Persons.
Today, 30th August, the International Day of the Victims of Enforced Disappearances[i]. The above could be a good start to reflect about preventing disappearances and searching for truth, justice and reparations for disappearances that has happened in Sri Lanka. Three trends come to my mind.
Reports of continuing abductions / disappearances and threats to those campaigning
Earlier this month, an activist based in the North was reported to have gone missing[ii]. Last month, there were reports of an attempted abduction of a student activist in Colombo[iii]. Earlier this year, a trade union leader was abducted in Colombo and released after being warned to “mind his own business”. The latter two had happened at the height of protests by students and workers. Based on sworn statements of survivors, the International Truth and Justice Project has reported 21 persons having been abducted / illegally detained and subjected to torture or sexual violence in 2016 and 3 in 2017[iv]. I couldn’t find information about the fate of the first person, but the others have been released, some after warnings and some after paying money. Two weeks ago, the wife of a disappeared man reported having being slapped and warned of “severe consequences” if she didn’t give up the (6 month long) protest she had been part of[v]. And in March 2017, soldiers were reported to have photographed, followed and threatened Northern journalists who were on an assignment to cover a protest by families of disappeared. The soldiers had insisted that the journalists needed to get soldier’s permission[vi]. All of the above, except the trade unionist and student activist, were Tamils.
Lack of answers after six months of protests and meetings with the government
Tamil families of disappeared, largely women, have been engaged in continuous and indefinite protests in five locations in the North and East, for about 6 months. One of their primary demands is that President Sirisena keep a promise he made to them to “release lists of persons who surrendered to the Armed forces in the final phase of the war”[vii] on 12th June 2017. Sinhalese family members of disappeared, like Mauri Jayasena from Anuradhapura also continued their unceasing campaigns to find truth and justice for their disappeared husbands. But despite multiple engagement and dialogues with the government, there have been no answers to them.
Empty promises of institutions and laws
The above trends appear to be largely ignored by the government, and those sympathetic and supportive to it. Instead, they there is optimistic talk about the OMP and a draft bill criminalizing disappearances. Almost as if disappearances in Sri Lanka could be addressed only through these, while ignoring continuing abductions, threats to campaigners, long protests and empty promises.
These three trends indicates a serious disconnect in addressing disappearances in Sri Lanka. But it doesn’t have to be so. The protesting families and many of their supporters are also expecting the law criminalizing disappearances to be enacted sooner than later[viii]. And they are supporting a victim centric, effective, independent OMP to be set up soon and have repeatedly made practical contributions towards this[ix]. They have been engaging with numerous Ministers, Government officials, at the protest sites and also by coming to Colombo. Several families leading the protests and some of their supporters had also served in the Zonal Task Force of the Consultation Task Force on Reconciliation mechanisms, a government initiative.
But how could families of disappeared have faith in promised institutions and laws when reports of abductions continue to emerge and there are reprisals against campaigners, and when there is no indication of firm, fast and transparent action against those responsible? Other key factors to bridge the disconnect will be if President can keep the promises he made, and if there is more sensitivity and support towards mothers, wives, fathers who have been at roadside protests in the North and East from rest of the country.
Evolution of the protests
The protests started with families of disappeared persons in Vavuniya staging a fast unto death in January this year, demanding information about their family members who had disappeared. Their leader, Jeyavanitha, a Tamil mother, clutches a campaign leaflet of President Sirisena and asserts that one of the school girls in uniform next to the President is her daughter.
As health conditions of elderly women fasting in Vavuniya deteriorated, the State Minister of Defense met the families at the protest site. He promised a meeting with several senior Ministers in Colombo, and families agreed to temporarily suspend the protest. That meeting was marred by controversy, as the government had invited some Tamil National Alliance (TNA) MPs, which the families didn’t want. TNA MPs had eventually left, but based on what the State Minister for Defense had told him, TNA Spokesperson reported to media that the families wanted priority for their own family member’s cases. Several of those actually present at the meeting till the end told me that they never asked for this, and insisted on answers to all families of disappeared. More than 6 months after, the meeting had not yielded anything. But in meantime, the families had waited for two weeks and recommenced their protests, which has now exceeded 6 months in it’s second phase.
The Vavuniya protests appeared to have triggered series of protests by other Tamil families of disappeared, with protests starting in Maruthankerny, Mullaithivu and Killinochchi in the North and Trincomalee in the East. Most at the vigil were women. They had to battle cold nights at the beginning and then the heat, dust and rain. While participating in these protests on behalf of disappeared children, women had to send other children to school and worried about safety of teenaged girls at home. Some went to work and came to the protest site in the night. During my visits to them from January to August, I sensed dejection, desperation and waning of spirit and physical strength. But families have disappeared have held on till now.
On 30th May, after 100 days of protesting, the families in Kilinochchi, convened a larger protest, with families of disappeared from all major districts in North and others from East and few from Colombo joining them. Police tried to obtain a court order to prevent it, but the Magistrate refused. Protesters rejected meetings with the Prime Minister and yet another “Committee”, but after a 5 hour blockade of the major A9 road to north, during which only ambulances were allowed to pass, they obtained a meeting with the President, which happened on 12th June – in which the President made promises that have not been fulfilled todate.
The protesters had tried to reach out to Sinhalese, through appeals, letters and banners in Sinhalese. Despite their desperate situations, and weariness in repeating their stories and being photographed by strangers I took with me everytime I visited, we were always warmly welcomed and even offered meals. Some expressed disappointment about lack of support from activists from Colombo and other parts of the country, and from Tamils in the North itself. Two weeks ago, the families came to Colombo to reach out to Colombo based media.
A few Hindu Temples, Churches, shop owners, journalists and Tamil diaspora groups had extended support by providing food. The protest in Kilinochchi has been held in the premises of the Kandasamy Temple. University students, auto drivers, shop owners, clergy have also extended symbolic support by visiting and in April, a day of hartal was observed across the North. Few Sinhalese, Muslim and Tamil families of disappeared, including Sandya Ekneligoda, wife of disappeared journalist Prageeth Ekneligoda and an award winning prominent activist, travelled several times from Colombo to extend solidarity and support.
OMP
The President has been stalling the establishment of the Office of the Missing Persons (OMP), promised in September 2015, and for which legislation was rushed through in August 2016, bypassing promised consultations with families of disappeared and public. Then, after 10 months of silence and apparent loss of interest, an amendment was passed by parliament, removing an article that enabled the OMP to enter into agreements with external parties. Suggestions by families of disappeared were not even considered as amendments. And finally, last month, a gazette notice was issued, assigning the OMP to a ministry held by the president – when the constitution prohibits the President from holding this ministry. The requirement in the OMP Act to gazette a date OMP will come into effect is yet to be fulfilled, and there is no indication when this will be done. If the OMP is established under the present ministry it has been assigned to, it’s legal standing is questionable. And so, nearly 2 years after the promise, there is still no OMP, there is no time line for its establishment, leave alone when it will give answers to families who have been waiting for decades.
The OMP is latest of number of Commissions of Inquiries appointed by successive Sri Lankan governments, to address disappearances. According to the government, more than 65,000 complaints have been received by these Commissions since 1994[x]. Despite promises made nearly two years ago, the government has failed to publish key reports of previous Commissions, such as the Mahanama Tillekeratne and Paranagama Commission, the latter having functioned under both the previous and present government.
The government has made legislative provisions have been made to issue Certificates of Absence, but it’s not clear what procedures have been put in place to actually issue these. Earlier this month, I met government officials across the Killinochchi district who told me they had not heard anything about this.
The government ratified the International Convention against Enforced Disappearances, but without accepting article 31 that will allow families of disappeared and other Sri Lankans to complain to the UN Committee monitoring the implementation of the convention. The government has also promised to criminalize enforced disappearances, but that too has not happened for nearly two years. A draft bill was expected to have been debated in parliament, but was postponed indefinitely. And at the same time, the government has failed to repeal the Prevention of Terrorism Act, and counter terrorism laws are being drafted without any public consultations, containing draconian provisions that can serve as license for enforced disappearances.
Economic justice
Despite widespread poverty amongst families of disappeared, there are no systematic initiatives to ensure economic justice for families. For many families, poverty is linked to the disappearance of the main breadwinner of the family. The right of the families to reparations has been relegated to an Office for Reparations, an entity that is likely to take even longer than the OMP to be established. There has been no response from the government to appeals for interim relief. But, even amongst supporters of families of disappeared, and amongst families themselves, there appears to be reluctance to talk about this important aspect. This is probably due to fear that it may undermine demands for truth and criminal justice, including through offers of minimalistic, temporary and unsustainable financial and material assistance. “We want our children, not chicken or certificates” thus became a slogan at protests and during hearings of Commissions of Inquiries. Administrative measures such as certificates of justice, interim relief measures or sustainable livelihoods, must be seen as a right by itself that compliments and not substitutes rights to truth and criminal justice. Protests, court cases, international campaigns etc. are likely to be more stronger, sustainable and independent if families of disappeared, especially mothers and wives, have stable livelihoods and are able to feed, educate, house, provide healthcare for one’s children who are still with them.
Moving forward
It’s important for the OMP to be operational as soon as possible, firmly rooted within constitutional provisions, with no ambiguity about its legal standing. At least at this stage, the recommendations of the families of disappeared should be taken seriously, including having families of disappeared and individuals of integrity and competence, who have confidence of many families of disappeared, women, ethnic and religious minorities in leadership positions. Independent international involvement is a must. And the government should criminalize enforced disappearances, upholding the spirit and letter of the International Convention, before the OMP begins its operations.
But the OMP should not be the only focus. The families of disappeared await response of the President to promises he made to release lists of detainees, surrendees and detention centres and publishing of Commission of Inquiry reports that many of them gave testimony to. In context of broken promises in the past, they don’t have much faith in the President’s promises. Hence, they have decided to continue the protests while awaiting a response. But there appears to be little support for these 6 month long protests and urgent demands of the families from the mainstream media and most activists in North & East, Colombo and rest of the country.
This is also a time for families of disappeared to assess their long struggles, recognize some achievements and plan next steps and phases of what is likely to be an even long and continuing struggle. This could include thinking of effective, long term and sustainable alternative strategies to present form of continuous protests. It would be important to think about strengthening alliances in Colombo and across Sri Lanka as well as internationally – with families of disappeared across the country and beyond, and potential allies such as activists, artists, academics, clergy, trade unions and mainstream Sinhalese and English media. The disastrous memorandum emanating from protest in Vavuniya in June, literary saying “we only believe in USA, only USA can help us, USA come and save us”, could serve as a wakeup call for all Sri Lankans. To be conscious of various political influences on the protests, but not to dismiss what’s fundamentally a struggle by desperate families to find their loved ones who had disappeared. And 30th August can also be a day to reflect why our elderly mothers, fathers, sisters and brothers, had to resort to such desperate and drastic calls, undertaking roadside protests for more than 6 months to find disappeared family members.
[i] http://www.un.org/en/events/disappearancesday/
[ii] https://twitter.com/garikaalan/status/900005138412191744
[iii] http://www.hirunews.lk/166456/two-ministers-accuse-police-for-their-attempt-to-abduct-convener-medical-faculty-student-activists
[iv] http://www.itjpsl.com/assets/ITJP_unstopped_report_final.pdf (page 8, section 1 – B)
[v] http://www.jdslanka.org/index.php/news-features/human-rights/702-tamil-woman-activist-campaigning-for-disappeared-threatened-with-death
[vi] http://www.tamilguardian.com/content/tamil-journalists-threatened-sri-lankan-soldiers
[vii] https://english.dgi.gov.lk/news/latest-news/1265-president-meets-family-members-of-missing-persons
[viii] https://www.slguardian.org/2017/07/sri-lanka-womens-call/
[ix] Press Release by Association for Relatives of the Disappeared, 17th August 2017
[x] http://www.mfa.gov.lk/index.php/en/media/media-releases/6502-cabinet-certificates-of-absence
OPEN LETTER TO UNSG ANTONIO GUTERRES FROM WAR AFFECTED NORTH & EAST OF SRI LANKA.
Hundreds of people took part in the event in Jaffna.
People marched to the UN office in Jaffna and hand over the letter--The struggle will continue until the justice is delivered
International Day on Victims of Enforced Disappearances was commemorated
by the families of disappeared, affected communities and civil society
organizations in North and East on 30th August 2017.
In Northern Province more than 800 people gathered at the Nallur
temple premises in Jaffna and publicly read an open appeal which was
addressed to UN Secretary General His Excellency Antonio Guterres. Then
the crowd marched to the UN office in Jaffna and handed over the
memorandum to the officers there.
In the East more than 900 people, most of them are women family members
of victims of enforced disappeared, of all three districts of the
province gathered at the Gandhi Park in Batticaloa town and openly made
their demands. The memorandum was handed over to the coordinator of the
Batticaloa Human Rights Commission office.
Open letter addressed to UN Secretary General His Excellency Antonio Guterres fellows:
International Day of the Victims of Enforced Disappearances.AN OPEN APPEAL TO THE UNITED NATIONS SECREATARY GENERAL HIS EXCELLENCY ANTONIO GUTERRES
We are the families of the disappeared persons in the North and East and the general public along with the representatives of civil society organizations present our unanimous appeal on the International Day of the Victims of Enforced Disappearances (August 30, 2017).
Eight years have been passed since the war was end in Sri-Lanka. But, the issue of enforced disappearances has been continuing as a burning topic in the North and East and Southern areas of the country. Especially, since the families of enforced disappeared persons and affected communities of North and East are searching for their loved ones. Engage in continuous campaigns. Old mothers who have been sitting in the roadsides for months under hot sun and heavy rain with the photos of their missing children and demand for justice is a heart-breaking scenario. But, there is no any promising responses were given from the side of the government.
The good governance regime which came to power in 2015, core sponsored a Resolution (Resolution 30/1)1 with the UN Human Rights Council on 1st October 2015 to ensure truth, justice, reparation and non-recurrence for the war affected communities. The operative article 4 of this Resolution states, the importance of establishing the Office on the Missing Persons as one of the transitional justice mechanisms and receiving international assistance including from the OHCHR. But,
1. Office on Missing Persons Act of Sri-Lanka:
The Office on Missing Persons (OMP) Bill which had been developed without the genuine consultation with affected communities, human rights activists and civil society and gazetted under the direction of the Prime Minister. Later it was passed in parliament as an Act and gazetted on 26 August 20162.
The OMP does not have any judicial power. This will merely act as a body that collects information. The information’s which are collected by OMP cannot be used as evidence in court of law and it cannot be shared with outsiders including the victims 3.
Article 11 (a) of OMP stated, in-order to function efficiently that this office has power to make agreements with any institutions or individuals. But, without any consultation with the affected families and civil society the government made an amendment in the parliament and repealed the power that could be exercised by this office4. Based on the “majoritarian” political stance the amendment was made as such sort of seeking foreign assistance would affect the sovereignty of the country.
Because of this, the OMP could not get the assistance from the Office of the High Commissioner for Human Rights and from other international organizations and experts which was already agreed by the government in Resolution 30/1. Therefore, the OMP will remain as an “empty pot”.
It should be noted that the President has singed the gazette which is to implement the OMP after the amendment. Therefore, we have lost our trust on OMP that it would restore truth and justice.
2. Establishing an independent special tribunal:
Involuntary and enforced disappearance is a crime against international human rights and humanitarian laws. This is a war crime as well. Operative article 6 of Resolution 30/1 states a special tribunal with international judges, lawyers and prosecutors should be established in the country to investigate the violations against human rights and international humanitarian laws. Therefore, an independent special tribunal should be established to find the truth about the enforced disappeared persons and to trial the perpetrators who are responsible for those crimes. The trials against these crimes must include the period from 1983 to 2014.
The Sri-Lankan government has to take zero tolerance position for enforced disappearances and thereby grant justice to affected communities and to take measures to stop such crimes without taking place in future.
3. Criminalizing the enforced disappearances in the country:
The International Convention for the Protection of All Persons from Enforced Disappearance Bill was gazetted on 9 February 2017. It was scheduled to take up the bill for debate in Parliament on 5 July 2017 but due to political reasons it was not submitted5. Prioritizing the freedom and right to life of entire Sri-Lankan people the Government of Sri-Lanka must enact this law and criminalize enforced disappearances. Thereby the government must grant legal security to the people of Sri-Lanka from enforced disappearances.
4. Establishing an Independent Forensic Science Research Center:
An independent forensic research center must be established in North and East in-order to collect and research the human remains and other material evidences of people who had been victimized to crimes against international human rights and humanitarian laws. The forensic processes (identification of mass graves, exhumes, collecting process of human remains, storing, laboratory reports…etc.) should be transparent to the families of victims and to the public. Therefore, forensic activities should be telecasted and covered by other print and electronic media as well. The findings of the forensic researches should be used as evidences in prosecutions against crimes against human rights and humanitarian laws. Thereby justice must be ensured for victims.
5. Revealing the Truth:
a) Truth about persons who have been disappeared after arrests and abductions:
Since 1983 arrests under Prevention of Terrorism Act had been increased in North and East areas. Several people who had been arrested and abducted by the state agents were not returned. Their families were not given any information about them. Similarly, between 1987 and 1990 thousands of young Sinhala men and women were disappeared in the Southern Sri-Lanka. They also faced the same fate. Other than that, in South, journalists and people who criticized the regime were abducted and made disappeared by state agents during the period of previous regime. Detailed and separate name lists should be released by the government about the disappeared persons of North East and South. This should include whether these people are alive or not and if they are not alive further details should be given such as what happened to them, who is responsible, where are the human remains…etc.
b) Truth about the persons who were handed over to the military during the last stage of the war:
During the last stages of the war several families who moved to the military controlled area handed over their family members to the military for further investigation and these detainees have not returned. Previous regime said that they did not know. The present “good governance” regime also ignoring this issue. Therefore, government should take immediate action to release a detailed name list of these detainees including who handed over the person, to whom, when, where and also the government should officially disclose the present situation of these persons.
6. Reparations:
Majority victims of enforced disappearances in North and East are male members of families that live under poverty. The families depended on the earnings of those men. As these families lost their bread winners the families are economically in vulnerable situation. Therefore, a monthly pension scheme which is manageable to cover their basic needs should be provided to the families of enforced disappeared and this should be equivalent to the average salary of a government servant (Rs. 35,000.00) and should have the same procedures of the government pension scheme. If the victim is un married pension should be given to the parents or un married sisters and for married persons, wife/husband and children are entitled to the pension.
The above proposed pension should be accounted from the day of disappearance of the person and be given with the arrears.
Families those who do not have land or house should be granted housing schemes with land titles.
The family members of the victims should be granted government recommendations to get jobs and grant and loans without interests for self-employments.
7. Psycho social counseling and medical facilities:
Family members of the victims should be given necessary psycho social counseling via divisional secretariat offices and to help them to relax themselves from stress. Where necessary medical assistance need to be provided. Government should grant approval to these government bodies to get support from the social organizations to full fill these needs.
8. Public awareness activities:
Legal and social awareness must be taken place via media to aware the people of Sri-Lanka that the enforced disappearances of persons is a crime. Especially state sponsored television and radio channels must provide special programs on this regard and special advertisements must be taken place.
Positive attitude must be developed about the victims of enforced disappearances and about their families among the people of Sri-Lanka.
9. Enacting Public Interest Litigation:
In future if any single person or persons become victims of enforced disappearances, the right to file habeas corpus litigations must be granted to the individuals and groups who have public interests. Therefore, public interest litigation must be enacted in Sri-Lanka.
10. Ensure Non-Recurrence:
In-order to ensure non – recurrence of enforced disappearances in Sri-Lanka, the government has to rapidly take following measures:
a) Zero impunity for enforced disappearances
b) Reformation activities by terminating and reducing the powers of military personnel, police and government officers who have connections with acts of enforced disappearances and cancelling their remunerations
c) End militarization in North and East areas and rebuild the civil life
d) The Sri-Lankan military has been consisted with more personnel. Majority of them are young men. Even though there is no war the expenses for military is high. Therefore, reducing the size of military by 70% and using these young men’s capacities for positive development of the country
e) The functions of criminal armed groups that closely engaged with the military must be fully banned and they must be removed from political engagements be trialed for their past criminal activities
f) End all sorts of surveillance and threats taking place by the state intelligence against affected communities, human rights defenders and civil society activists
g) PTA is the basic legal back ground for enforced disappearances in North and East. Therefore, it is important to note that the PTA must be reviewed and reformed according to international human rights standards
h) Sri-Lankan government should jointly work with the UN on transitional justice initiatives to build trust among the affected communities on reconciliation
i) A political resolution that would be accepted and satisfactory the minorities of North and East should be made
Further, we appeal Your Excellency to provide necessary guidance to the Sri-Lankan government to fully implement the recommendations made in the report of the UN Working Group on Enforced Disappearances on its mission to Sri-Lanka which held in 2015 November 09 to 18.
Signatories:
Families of the disappeared in the North and East
Families of the victims of mass killings and violence in the North and East
Village based women’s organizations and social organizations in the North and East
Civil society organizations and North East Coordinating Committee
Foot Notes
1. 30/1. “Promoting reconciliation, accountability and human rights in Sri Lanka”, Resolution adopted by the Human Rights Council on 1 October 2015, A/HRC/RES/30/1, Human Rights Council, http://www.mfa.gov.lk/images/stories/pdfs/docs/FINAL_published_-_thirty_slash_one.pdf
2. Office on Missing Persons, Act No. 14 of 2016, Gazette of the Democratic Socialist Republic of Sri Lanka of August 26, 2016, http://www.parliament.lk/uploads/acts/gbills/english/6016.pdf
3. OMP the Facts, http://www.scrm.gov.lk/faq-omp
4. Office on Missing Persons Amendment Act, No. 9 of 2017, Gazette of the Democratic
Socialist Republic of Sri Lanka of July 07, 2017http://www.srilankalaw.lk/gazette/2017_pdf/09-2017_E.pdf
5. Enforced disappearance bill not taken up in Parliament, Daily Mirror, 6 July 2017, http://www.dailymirror.lk/article/Enforced-disappearance-bill-not-taken-up-in-Parliament-132282.html
All photos and the commentary courtesy of the North and East Coordinating Committee (NECC), Sri Lanka.
Yahapalana Backers Back Off
AUGUST 31, 2017
Strong supporters of the political coalition that ousted Mahinda Rajapaksa expressed dismay about the Yahapalana Government during the popular TV show ‘Face the Nation’ telecast by MTV.
Strong supporters of the political coalition that ousted Mahinda Rajapaksa expressed dismay about the Yahapalana Government during the popular TV show ‘Face the Nation’ telecast by MTV.
Dr Paikiasothy Saravanamuttu,
a strident voice in the anti-Rajapaksa camp who was the Secretary of
the Consultation Task Force of Reconciliation Mechanisms (CTF) appointed
by this government and Prof Rajiva Wijesinha,
one of the first to break ranks with the Rajapaksa and support the
candidacy of Maithripala Sirisena, were both highly critical of what the
government has done and not done over the past two and a half years.
Dr Saravanamuttu said that the government has failed to live up to
expectations. He said it was clear that the government was motivated by
political expediency to postpone election. He added that having
Provincial Councils that were not run by elected councillors gives a
poor message to those who were hopeful that this government would move
on greater devolution of power.
Prof Wijesinha expressed the view that things started going wrong on the
day that Maithripala Sirisena was sworn, claiming that Ranil
Wickremesinghe and the United National Party have stood in the way of
the President’s manifesto being implemented.
Interestingly, the fourth panelist, Malinda Seneviratne,
came to Dr Saravanamuttu’s defence when Prof Wijesinha questioned the
integrity of ‘the sample’ of respondents whose testimonies were recorded
by the CTF.
Read More
Newspaper still the king in Sri Lanka, official data shows
2017-08-30
National newspaper circulation in Sri Lanka continued to grow, reaching higher levels than previously seen in 2016, with a greater preference shown towards daily English and Sinhala newspapers, official government data showed.
According to provisional data in the latest edition of Central Bank’s Economic and Social Statistics publication, 538.82 million newspaper copies were sold in 2016, up from 508.08 million copies in 2015.This is a trend which is going against the global flow, since newspaper circulation in many countries have fallen significantly, as consumers have switched towards alternates such as websites, social media, news apps and digital television, which can provide information faster, to one’s fingertips.
This is a trend which is going against the global flow, since newspaper circulation in many countries have fallen significantly, as consumers have switched towards alternates such as websites, social media, news apps and digital television, which can provide information faster, to one’s fingertips.
Sri Lankans too are increasingly consuming news through these alternative channels as evident from increased registrations in social media and higher usage of internet services.
Newspaper firms too have entered into this sphere in Sri Lanka in order to stay relevant.
What is causing the increased readership of newspapers is not yet clear. However, with the ageing population in Sri Lanka, the increasing elderly population may have more free time to read newspapers.
According to the Central Bank data, the daily newspaper circulation on an annual basis for 2016 had reached up to 411.76 million, from 383.13 million in 2015.
Daily, 62 newspaper copies were circulating among each 1,000 persons, up from 58 copies per 1,000 persons year-on-year (YoY).
The largest circulation boost was seen through Sinhala daily newspapers, which saw 259 million copies in circulation on an annual basis, up from 226.49 million copies in circulation YoY. The figure for English daily newspapers increased to 91.8 million from 80.73 million YoY. Annual circulation numbers for Tamil daily newspapers meanwhile fell to 60.97 million in 2016 from 75.91 million YoY.
Although weekly newspaper circulation on an annual basis increased to 127.06 million from 124.95 million YoY, the number of copies available per 1,000 persons per week remained steady at 115 in both 2015 and 2016. Similar to the daily newspapers, Sinhala and English newspaper circulations were up for the year. Sinhala weekly copies circulated for the year reached 127.06 million from 124.95 million YoY while English weekly copies increased to 24.45 million from 22.49 million YoY.
The Tamil readership base for weekly newspapers faltered as well, with circulation for the year down to 19.32 million from 21.65 million YoY.
Numerous studies conducted in the US and the EU show that newspapers give the highest return on investments for companies advertising across the entire range of media channels.
Meanwhile, the Central Bank data showed that the number of television and radio channels in operation in 2016 fell by 1 each to 24 and 54 channels, respectively. The reach of television and radio channels was not stated.
JOINT STATEMENT IN SOLIDARITY WITH FAMILIES OF THE DISAPPEARED PROTESTING ACROSS THE NORTH-EAST
Joint Statement in solidarity with Families of the Disappeared for International Day of Victims of Enforced Disappearance
August 30, 2017.
Today marks the International Day of the Victims of Enforced Disappearances around the world. Today also marks the 192nd day of the ongoing roadside protest of families of the disappeared in Kilinochchi seeking truth and justice about the fate of their disappeared loved ones. Across the North-East of Sri Lanka in Vavuniya, Mullaitivu, Kilinochchi, Mannar, Jaffna and Trincomalee, hundreds of families of the disappeared have been protesting since February in horrid conditions on the road, attempting to draw attention to their plight. To date, the Sri Lankan Government has failed to answer any of their demands to uncover the fates of their disappeared loved ones. The undersigned organizations take this opportunity to stand in solidarity with families of the disappeared protesting across the North-East who have been ignored by the Sri Lankan Government for far too long, and must finally receive the truth and justice they so desperately seek.
While much is being made of the proposed Office of Missing Persons Act (OMP Act) passed by the Sri Lankan Government over a year ago, families of the disappeared from the North-East have repeatedly made clear that they have justifiably little faith in the OMP, and demand that the Government first address demands they set out in a petition to President Maithripala Sirisena on June 12, 2017, when he finally met them 100 days after their protest began. During that meeting in a step welcomed by the families, the President agreed to fulfill the demands of their petition which included releasing the list of surrendees and detainees from the last phase of the war, releasing a list of secret detention centres maintained throughout and after the war, and releasing the reports of all prior commissions/inquiries for disappeared persons. Unfortunately, despite more than 100 days since the President made those pledges, he has neither fulfilled those pledges nor answered any of the families’ numerous follow-up letters.
Even on the proposed OMP, the Sri Lankan Government has failed to meaningfully consult families, and over a year after its passage families and civil society in the North-East continue to find the Act’s explicit and intentional sidelining of justice and accountability as deeply flawed and contrary to the promises made by the Government to the Tamil people domestically and at international forums.
As a country that has the second-highest number of cases reported to the Working Group on Enforced and Involuntary Disappearances, Sri Lanka must address and put an end to its horrific legacy of enforced disappearances if it is ever going to achieve sustainable peace. And in order to do this, it is important for all actors, including political parties, civil society activists and organisations, to keep families of the disappeared at the front and centre of this issue, and give due respect and support to their voices and perspectives on how to address this issue.
We call on President Maithripala Sirisena to definitively state his position on the pledges he made to families on June 12, 2017. We also call on all actors including civil society across the country and diplomatic missions to support the families of disappeared and their pledges. There can be no further delay in bringing a solution for these families who have suffered far too much for far too long.
Signatories:
Adayaalam Centre for Policy Research (ACPR)
Centre for Human Rights and Development (CHRD)
Centre for Promotion and Protection of Human Rights (CPPHR)
Tamil Civil Society Forum (TCSF)
Vice Admiral Sinniah’s Admirable feats
By Manekshaw-2017-08-26
The Sri Lankan Armed Forces had been very much ceremonial until the North and East separatist war started in the early eighties. Apart from engaging in the 1971 insurgency for a brief period, the Sri Lanka Armed Forces personnel were largely confined to their barracks and bases set up during the British period.
However, as 'much water has passed under the bridge', it is interesting to see that the 'battle hardened' officers who grew up with the separatist war from the time they had joined the armed forces in the early eighties took up positions as top commanders of the Army, Navy and the Air Force with their vast experiences in sea, air and land battles with one of the deadliest militant outfits in the world, the LTTE.
The 21st Sri Lanka Navy Commander Vice Admiral Travis Sinniah, a veteran, played different roles by ensuring the safe sea route for the flotillas carrying supplies to the Security Forces in the North, while engaging in battles with the sea tigers and preventing the gun running activities of the outfit in the Northern and Eastern waters.
The sea tigers remained a nightmare to the SL Navy and the outfit's strength is evident from the vessels it had made on its own and made seaworthy to engage in the battles.
The foreign military experts who have been visiting the Eastern region during the post-war period were even surprised to see the manner the sea tiger ships were designed.
While encountering the LTTE effectively on the land, the outfit's sea tiger wing remained a tough opponent to the SL Navy even sinking some of the Navy vessels.
Therefore, by serving mostly in the North and East Naval bases Vice Admiral Travis Sinniah had been the Eastern Naval Commander of the SL Navy's premier base in China Bay which remained as the nerve centre of several important operations of the Navy in the Eastern waters before assuming duties as the 21st SL Navy Commander.
At his first press briefing Navy Commander Vice Admiral Travis Sinniah even regretted calling him an American Agent due to his brief stint at the US Embassy in Colombo.
Vice Admiral Sinniah would have been called an American Agent, whereas there were several senior officers in the Armed Forces and Police who were denied their due promotions merely for the reason they were Tamils.
A couple of years ago an Old Thomian Premachandra who is a Tamil and reached the position as the Chief of Staff in the Sri Lanka Air Force was not given his next promotion as the Air Force Commander after serving several years during the turbulent period as a veteran pilot.
Late General Anton Muthukumaru, a Tamil being the first Sri Lankan Commander of the Army,
Admiral Rajan Kadirgamar became the first Tamil to be the Navy Commander forty years ago.
The citation of new Navy Commander Vice Admiral Sinniah has highlighted the risks he had taken in battling the sea tigers and ensuring the safe passage of vessels in the Northern and Eastern waters which had been the 'lifeline' of supplies to military installations in the North.
Indian Peace Keeping Force
The new Navy Chief as a young officer had also nabbed ten top LTTE commanders when they were fleeing to South India by sea soon after the arrival of the Indian Peace Keeping Force (IPKF) in the island in 1987.
In the good old days a large number of Tamils from the North and the East with their excellent background in sports joined the Armed Forces and Police.
The Navy still remembers the late Rajasingham brothers who hailed from Jaffna as efficient and gentlemen officers.
India remains an exemplary country with its multi ethnic background in giving due recognition for those who come from various ethnic and religious backgrounds in the country's Armed Forces.
Nearly five Tamils from the State of Tamil Nadu served as Indian Army Commanders including General Krishnaswamy Sundarji who was the Indian Army Commander when the IPKF arrived in Sri Lanka in 1987.
General Sundarji was also the 'mastermind' of the 'Operation Blue Star' to flush out the Sikh militants from the Golden Temple in Amritsar in Punjab in the early eighties.
The present regime in Sri Lanka has given the due recognition to Vice Admiral Sinniah to become the 21st Navy Chief and to be the second Tamil to hold the prestigious position forty years after Admiral Rajan Kadirgamar, the elder brother of late Foreign Minister Lakshman Kadirgamar.
The new Chief expressed his views over two important issues in a sensible manner proving his Admiralty.
Commenting on Indian fishermen breaching the International Maritime Border Line (IMBL) and infiltration into the Sri Lankan waters the Navy Chief pointed out that instead of dealing in a confrontational manner the Indian fishermen should be given the right guidelines to keep away from the IMBL.
If this new strategy is coordinated properly with the Indian Navy as well as the Indian Coast Guard, the problems faced by the Indian fisherfolk in the Northern waters could be curbed to a great extent.
Finally, commenting on the alleged war crimes accusations against the Security Forces, Vice Admiral Sinniah said that "wearing the uniform doesn't give the sanction to rob, sanction to murder or even sanction to torture".
Proving his Admiralty with the above comment the Navy Chief had also mentioned that he would not attempt to protect anyone found guilty in Court.
The new Navy Chief's comments on alleged war crimes have clearly indicated that after successfully winning a long drawn out separatist war, the right thinking well decorated armed forces personnel won't tolerate good soldiering getting tarnished by the 'black sheep' in uniforms within their institutions.
By Manekshaw-2017-08-26
The Sri Lankan Armed Forces had been very much ceremonial until the North and East separatist war started in the early eighties. Apart from engaging in the 1971 insurgency for a brief period, the Sri Lanka Armed Forces personnel were largely confined to their barracks and bases set up during the British period.
However, as 'much water has passed under the bridge', it is interesting to see that the 'battle hardened' officers who grew up with the separatist war from the time they had joined the armed forces in the early eighties took up positions as top commanders of the Army, Navy and the Air Force with their vast experiences in sea, air and land battles with one of the deadliest militant outfits in the world, the LTTE.
The 21st Sri Lanka Navy Commander Vice Admiral Travis Sinniah, a veteran, played different roles by ensuring the safe sea route for the flotillas carrying supplies to the Security Forces in the North, while engaging in battles with the sea tigers and preventing the gun running activities of the outfit in the Northern and Eastern waters.
The sea tigers remained a nightmare to the SL Navy and the outfit's strength is evident from the vessels it had made on its own and made seaworthy to engage in the battles.
The foreign military experts who have been visiting the Eastern region during the post-war period were even surprised to see the manner the sea tiger ships were designed.
While encountering the LTTE effectively on the land, the outfit's sea tiger wing remained a tough opponent to the SL Navy even sinking some of the Navy vessels.
Therefore, by serving mostly in the North and East Naval bases Vice Admiral Travis Sinniah had been the Eastern Naval Commander of the SL Navy's premier base in China Bay which remained as the nerve centre of several important operations of the Navy in the Eastern waters before assuming duties as the 21st SL Navy Commander.
At his first press briefing Navy Commander Vice Admiral Travis Sinniah even regretted calling him an American Agent due to his brief stint at the US Embassy in Colombo.
Vice Admiral Sinniah would have been called an American Agent, whereas there were several senior officers in the Armed Forces and Police who were denied their due promotions merely for the reason they were Tamils.
A couple of years ago an Old Thomian Premachandra who is a Tamil and reached the position as the Chief of Staff in the Sri Lanka Air Force was not given his next promotion as the Air Force Commander after serving several years during the turbulent period as a veteran pilot.
Late General Anton Muthukumaru, a Tamil being the first Sri Lankan Commander of the Army,
Admiral Rajan Kadirgamar became the first Tamil to be the Navy Commander forty years ago.
The citation of new Navy Commander Vice Admiral Sinniah has highlighted the risks he had taken in battling the sea tigers and ensuring the safe passage of vessels in the Northern and Eastern waters which had been the 'lifeline' of supplies to military installations in the North.
Indian Peace Keeping Force
The new Navy Chief as a young officer had also nabbed ten top LTTE commanders when they were fleeing to South India by sea soon after the arrival of the Indian Peace Keeping Force (IPKF) in the island in 1987.
In the good old days a large number of Tamils from the North and the East with their excellent background in sports joined the Armed Forces and Police.
The Navy still remembers the late Rajasingham brothers who hailed from Jaffna as efficient and gentlemen officers.
India remains an exemplary country with its multi ethnic background in giving due recognition for those who come from various ethnic and religious backgrounds in the country's Armed Forces.
Nearly five Tamils from the State of Tamil Nadu served as Indian Army Commanders including General Krishnaswamy Sundarji who was the Indian Army Commander when the IPKF arrived in Sri Lanka in 1987.
General Sundarji was also the 'mastermind' of the 'Operation Blue Star' to flush out the Sikh militants from the Golden Temple in Amritsar in Punjab in the early eighties.
The present regime in Sri Lanka has given the due recognition to Vice Admiral Sinniah to become the 21st Navy Chief and to be the second Tamil to hold the prestigious position forty years after Admiral Rajan Kadirgamar, the elder brother of late Foreign Minister Lakshman Kadirgamar.
The new Chief expressed his views over two important issues in a sensible manner proving his Admiralty.
Commenting on Indian fishermen breaching the International Maritime Border Line (IMBL) and infiltration into the Sri Lankan waters the Navy Chief pointed out that instead of dealing in a confrontational manner the Indian fishermen should be given the right guidelines to keep away from the IMBL.
If this new strategy is coordinated properly with the Indian Navy as well as the Indian Coast Guard, the problems faced by the Indian fisherfolk in the Northern waters could be curbed to a great extent.
Finally, commenting on the alleged war crimes accusations against the Security Forces, Vice Admiral Sinniah said that "wearing the uniform doesn't give the sanction to rob, sanction to murder or even sanction to torture".
Proving his Admiralty with the above comment the Navy Chief had also mentioned that he would not attempt to protect anyone found guilty in Court.
The new Navy Chief's comments on alleged war crimes have clearly indicated that after successfully winning a long drawn out separatist war, the right thinking well decorated armed forces personnel won't tolerate good soldiering getting tarnished by the 'black sheep' in uniforms within their institutions.
The Plight Of State University Medical Students – An Open Letter To The President
Open letter
The Honourable President Mithripala Sirisena
President of the Democratic Socialist Republic of Sri Lanka
Dear Mr. President,
The plight of state university medical students
I
pen this letter with great regret as our state medical faculty students
are on the streets without being heard for more than 7 months now. The
majority of these students are from average Sri Lankan families. They
have worked hard and entered the universities to study medicine with
great expectations. There are so many parents who have sent their
children to study medicine, enduring immense economic hardship with the
hope of seeing them as doctors. Fair number of these students are form
rural villages, they have reached this state through their shear
dedication and hard work, with a single objective of becoming successful
in their lives. Thus far our educational system has offered poor
students from under privileged areas an opportunity to climb up the
ladder of social hierarchy through a justifiable competitive system.
I do not totally agree with the proposal put forwards by the Inter University Students’ Union to resolve the SAITM issue.
However I do not disagree totally with the students on their stand as
there are legitimate issues which need to be addressed at this stage or
else the state medical faculty student’s future will be in jeopardy.
There are many voices raised for and against SAITM. I do not intend to
waste your time by delving into details of these issues. One pertinent
issue that stands out from the very beginning is the undue favour shown
by various persons in power towards SITM. The most recent being the
“handing over” (Taking over) of Neville Fernando Hospital
to the government, a move which will easily offset the economic benefit
the country stands to achieve by establishing private medical college.
At
present the private medical education initiatives that have been
created in this country has given rise to an uneven playing field which
has placed the state medical faculty students at a disadvantageous
position. These students who have passed so many hurdles only to be
sidelined in their career prospects (due to inherent delay in the
national education system) by a privileged group of students are
unreasonable. Properly planned and properly regulated private medical
education can create a healthy balance of competition and advancement in
medical education in this country. Unplanned
and poorly regulated private medical education will make medical
education a commodity and destroy the integrity of medical education in
this country.
to look beyond these incidences and provide an equitable solution for this issue. I
earnestly request you sir, to take necessary measures to resolve this
issue so that our state medical faculty students can come back and
continue their studies.
I wish you all success with your endeavours to provide good governance to this country.
Read More
20th Amendment: PCs respond from different viewpoints
2017-08-31
The 20th Amendment to the Constitution has created an uproar in the Provincial Councils. The Bill primarily seeks to evolve a new electoral system based on a mix of the First Past the Post System and the Proportional Representation System. The Bill also seeks to provide for conducting polls to all the nine Provincial Councils on the same date. Until the new electoral system is evolved, the elections to the Provincial Councils whose terms expire in the interim period are proposed to be withheld. During the period, their administrations are also to be vested with Parliament. That is the crux of the Bill which is now before Parliament. Its constitutionality has also been challenged in the Supreme Court. Let alone, the Bill has been referred for the approval of the Provincial Councils which have so far a mixed reaction depending on their own way of interpretation of the Bill.
- NC, Eastern and Sabaragamuwa PCs end on October 1; may face procrastination
- JO agitate for early polls; believe ground situation favourable
- CM Chamara Sampath Dasanayake-headed Uva PC rejects Bill
- NPC: If Bill enacted, it would give extra period in office to CM
- WPC: CM gets nod despite disruptions by JO’s
- Arjuna accuses present SLC administration for SL’s poor show
- Successive Govts. neglected sports, including cricket - Champika
The Joint Opposition members agitate for early elections as they believe the ground situation is favourable for them politically in the country at the moment. So, they are opposed to the Bill. When the North Central Provincial Council took up the Bill recently, the Joint Opposition members voted against it. However, the Bill had the passage through the Council because the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP) section loyal to President Maithripala Sirisena voted in favour. It is an understandable situation.
In contrast, the Bill was rejected by the Uva Provincial Council later. In fact, it is headed by Chief Minister Chamara Sampath Dasanayake. He was appointed by President Sirisena. So, many people assumed that the Bill would be endorsed there without any hassle. However, what happened was the exact opposite.
Actually, the term of the Uva PC is slated to end in 2019. If the government works out the new electoral system soon and decides to conduct the polls to all the Councils on the same day as envisaged in the Bill, the election to the Uva PC will have to be advanced. It means of loss of time in office for CM Dasanayake and the ministers appointed after the change of government in 2015.
He did not want to sacrifice his time in office as the CM at any cost. Therefore, he, backed by the Joint Opposition members, did not endorse the Bill. Also, it is believed that though he is an appointee by the President, he is close to former President Mahinda Rajapaksa who leads the Joint Opposition.
Recently, NPC Opposition Leader N. Thavarajah approached NP CM C.V. Wigneswaran and said there was no need to oppose the Bill. He believed that the Bill, if enacted, would give an extra period in office for CM Wigneswaran and other members of the council after expiration of its term next year.
However, CM Wigneswaran has reason to object to the Bill as it seeks to vest the power of provincial administration with Parliament after dissolution. It goes against the concept of power devolution. As a result, he had decided to express his reservations. The Bill will be taken up for consideration in his Council on September 4.
The Bill says, “In the event of dissolution of any Provincial Council by reason of the operation of the provisions of sub-paragraph of paragraph (8) of Article 154B or by any other reason specified in any law, the powers of such Provincial Council shall be exercised by Parliament until the specified date and the provisions of Articles 154L and 154M shall apply in relation to the exercise of powers of the Provincial Council.” The Bill was rejected by the Southern PC where the JO remains strong. In the Western PC, CM Isuru Devapriya, however, managed to get approval for the Bill despite disturbances created by the JO. All in all, the PCs appeared to have responded to the Bill from different standpoints.
Arjuna- Dayasiri clash at Cabinet
Sri Lanka Cricket has stooped down to its lowest ebb at the moment. As a cricketing nation, the local fans are no longer ready to see the dismal performance of their team. They began to vent their fury by invading the pitch in Dambulla and flinging water bottles into the ground in Pallekele, Kandy.The crisis made its way into the Cabinet last Tuesday as former Sri Lanka’s world cup winning- skipper turned Minister Arjuna Ranatunga and Sports Minister Dayasiri Jayasekara confronted each other over the plight of cricket. Minister Ranatunga threw accusations at the present cricket administration.
Meanwhile, Megapolis and Western Development Minister Patali Champika Ranawaka found fault with the successive governments for not developing sports as a whole. He charged that Cricket was given the pride of place in the past under leaders such as Gamini Dissanayake. Likewise, he said Rugby enjoyed special patronage during the time of former President Mahinda Rajapaksa.
He said athletics found some improvement only during the time of S. B. Dissanayake as the then Sports Minister.
After that, the Cabinet discussed measures to be taken in view of SAARC Games to be held in Sri Lanka in 2020.
SRI LANKA PRESIDENT SAYS HIS GOVT. WOULD CONTINUE TO IMPLEMENT THE UNHRC RESOLUTION
Image: President Sirisena addressing the media heads and Editors. (Credit:PMD)
President addressing the media heads and editors
30/08/2017
My commitment is to build SLFP as a clean, uncorrupt and principled party that gives leadership to the nation – President
President Maithripala Sirisena said he is totally dedicated and committed to build the Sri Lanka Freedom Party (SLFP) as a clean, unstained, uncorrupt and principled party that provides leadership to the nation through honest and dedicated politicians. “Although it is not an easy task as not only the body politics but also the entire social fabric is diseased with corrupt practices, I am absolutely determined to fulfill this uphill task,” he said addressing Media Heads and Newspaper Editors at the President’s House in Colombo today (August 30).
President Sirisena said that will be the significant message he wants to project to the nation on the 66th Anniversary of the SLFP scheduled for 3rd September. “The people in the country yearn for unstained politicians and my determination is to ensure that the SLFP is a party that provides such politicians to make the people’s dream a reality,” he said.
When a journalist referred to the recent bribery case in which a school principal was prosecuted after nine years, and asked if the government had any plans to speed up the judiciary process, the President replied that the he has advised the relevant ministers and officials to study the judiciary systems in different countries to find out the methods of meting out speedy justice. However, he clarified the government is committed to independence of judiciary and would not allow any interference in the judiciary process.
He pointed out that it took a long period of time for taking legal action against Marcos of Philippines, Lula de Silva of Brazil. However quick action was taken against South Korean President and she was sentenced to a prison term. Pakistani Supreme Court gave a verdict against Prime Minister Nawaz Shariff and he had to resign. All these examples show the speed in some countries and delays in other countries. We have to study and find out a suitable method, he said.
Asked about the UNHRC resolution, President Sirisena said that the government would continue to implement the agreed terms. “It is a slow process and we cannot have speedy solutions. However we have categorically stated that the government would implement those clauses while safeguarding the sovereignty and independence and only the steps that are compatible to the country would be taken.
Referring to the opposing voices in the SLFP, President Sirisena said that there are divisions within any political party and the degree of the rift changes from time to time. He said that charges against violation of party discipline are being studied and action would be taken after completion of investigations.
When asked about the future of the consensual government, he expressed confidence that the partnership would continue until 2020. Although some say their own party would a government soon, under the current composition of the Parliament no single party could form a government on its own. Even if there is another coalition, I will fulfill my responsibilities towards the people as President of the country until the end of my term, he said.
Pandemonium in the PCs, fisticuffs and broken maces over 20th A
A similar rowdy scene at the WPC over the 20A
By C. A. Chandraprema-August 30, 2017, 9:54 pm
The TV news bulletins are full of footage of provincial council members
exchanging fisticuffs, shouting, gesticulating, trading accusations and
running away with the council maces. These unprecedented scenes are
unfolding in the provincial councils over the 20th Amendment to the
Constitution brought to extend the terms of all the provincial councils
until the last quarter of 2019 and to hold all the PC elections together
at the end of 2019. Even though the government touts this as a bona
fide exercise to ‘hold all the PC elections on one day’, everyone knows
that the 20th A was introduced because of the government’s lack of an
appetite for elections. The government has managed to postpone the local
government elections citing various technical reasons for over two and a
half years, but they had no way of heading off the elections to the
Sabaragamuwa, North Central and Eastern PCs which were to stand
automatically dissolved in early October this year.
Once these three PCs stand automatically dissolved on reaching five
years after their first meeting, the Elections Commission is obliged to
call for nominations to these PCs within a week. Thereafter the district
returning officers will fix the date for the poll. There was no way to
stop this process from kicking in short of a constitutional Amendment.
This is what motivated the government to gazette the 20th Amendment to
the Constitution aimed at amending Article 154E of the Constitution
according to which all PCs stand automatically dissolved upon completing
five years from the date of their first meeting. The Amendment would
have allowed a one off extension of the terms of all PCs until the last
quarter of 2019. Everyone knows that only Parliament has the power to
pass constitutional amendments then why are the provincial councils in
an uproar over the 20th Amendment?
To understand what is going on, one has to trace the sequence of events
that took place after the 20th Amendment was approved by Cabinet and
gazetted. Just days afterwards, there was an open revolt in the SLFP
Central Committee against the 20th Amendment which had the effect of
depriving the government of the two thirds majority they needed to get
the 20th Amendment passed. (Because the 20th A was brought to extend the
terms of existing provincial councils without holding an election, it
impinges on entrenched Article 3 of the Constitution which guarantees
the franchise and therefore would most likely be declared by the Supreme
Court to require a referendum in addition to a two thirds majority in
parliament. There are multiple petitions before the SC on the 20th A,
the first of which was filed by Prof. G.L.Peiris.)
Be that as it may, leaving aside the process in the SC for the moment,
after the internal revolt in the SLFP deprived the government of the two
thirds majority in Parliament required to get the 20th A passed, the
government had no option but to try to use a loophole in the
Constitution to try to get the 20th Amendment passed through the back
door. This refers to Article 154G (1) and (2) of the Constitution which
goes as follows:
"154G. (1) Every Provincial Council may, subject to the provisions of
the Constitution, make statutes applicable to the Province for which it
is established, with respect to any matter set out in List I of the
Ninth Schedule (hereinafter referred to as "the Provincial Council
List"). (2) No Bill for the amendment or repeal of the provisions of
this Chapter or the Ninth Schedule shall become law unless such Bill has
been referred by the president, after its publication in the Gazette
and before it is placed on the Order Paper of Parliament, to every
Provincial Council for the expression of its views thereon, within such
period as may be specified in the reference, and - (a) where every such
Council agrees to the amendment or repeal, such Bill is passed by a
majority of the Members of Parliament present and voting ; or (b) where
one or more Councils do not agree to the amendment or repeal such Bill
is passed by the special majority required by Article 82."
A reading of Article 154G will reveal that that there is a way to amend
the Chapter on the provincial councils in the Constitution without a two
thirds majority in parliament – if every single provincial council
gives its assent to a certain Amendment to the Chapter on the provincial
councils, the Amendment can be passed in parliament with just a simple
majority. The procedure for this would be that after the said Amendment
is gazetted but before it is placed on the order paper of Parliament, it
has to be referred to the PCs by the President for their assent. What
obviously happened after the revolt in the SLFP central committee is
that without a two thirds majority in Parliament, the only hope that the
government had to get the 20 th A passed was to use the provisions of
Article 154G.
So obviously it was referred to the PCs by the President before the 20th
A was introduced in parliament by Minister Gayantha Karunatillke. When
the 20 th A was introduced in Parliament even after the revolt in the
SLFP central committee, many people thought that the President had
managed to browbeat his followers into submission and had managed to get
a commitment from them to give it the two thirds majority it needed.
That however is obviously not what has happened in this case. The
President tried to push the 20th A in through the back door and for one
heady moment, it seemed to be working when the North Central Province
voted in favour of it. (The NCP would have of course been one of the
beneficiaries of the extension of the terms of the PCs envisaged in the
20th A.) Then things started going wrong in the most unanticipated
manner when the Uva Provincial Council voted against it.
The Uva PC was where the UNP was strongest and all the SLFP stalwarts in
the Badulla district are with the Sirisena faction. So the 20th
Amendment should have been approved by the Uva PC even if all the other
PCs had rejected it. Yet the Uva PC was the first to reject it. This was
a decisive blow against the government. According to Article 154G(2)(b)
of the Constitution, if even one PC rejects a proposed Amendment to the
provincial councils Chapter in the Constitution, then it can be passed
only with a two thirds majority in Parliament. (If the SC so decides, a
referendum will become an additional requirement.) With the rejection of
the 20th A by the Uva PC, the worst that can happen under Article 154G
has already happened. But since the process of consulting the PCs has
been initiated, the 20th A is doing the rounds being disemboweled, drawn
and quartered all along the way. The latest episode being in the
Southern PC where it has once again been defeated.
What we are now seeing in the PCs is arguably the biggest Constitutional
fiasco ever seen in this country. The Constitution Bill burning episode
of 2000 does not qualify as a fiasco as such because it was a straight
forward case of depriving it of the required two thirds majority. With
the 20th Amendment falling by the wayside, it can be seen that the
government is trying to hasten the holding of the long postponed local
government elections because an island wide election will be less
unfavourable to them than an election restricted to the Saragamauwa,
North Central and Eastern provinces. At the Presidential and
Parliamentary elections in 2015, the ruling coalition lost both the
Sabaragamuwa and North Central provinces. So the likelihood that they
would lose both provinces at the forthcoming PC elections is very high.
Besides an election in a restricted area would mean that activists of
the Joint Opposition would descend on the place in droves whereas at a
countrywide election they would be constrained to remain in their own
areas. It can be seen that the government is trying to minimise the
damage to themselves by last minute changes to the system of election to
local bodies. For the first time in the legislative history of this
country, a system of election was changed as ‘amendments’ introduced at
the committee stage to an LG elections Bill that had been presented to
Parliament for a completely different purpose. All these are signs of a
government desperately trying to stave off what they anticipate to be a
crushing defeat.
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