SRI LANKA BRIEF: March 2014

Monday, March 31, 2014

There is no patriotic-wave lifting the Rajapaksa boat. There is no anti-government wave either.

Ballot boxes for PC elections ( The Hindu)

''If the Opposition is to amount a serious challenge to the Rajapaksas at national elections, it must become more active, more rooted, socio-economically and less fractious. The UNP remains the single largest opposition party (though with a much reduced vote-base); the JVP and DP are in a dead-heat for third place. What is necessary is the broadest possible opposition coalition, which includes the TNA and other minority parties, stands up for all victims of Rajapaksa misrule and opts to focus on political-social-economic distress rather than on patriotic chest-thumping. ''

Two Verdicts on Rajapaksa Rule by Tisaranee Gunasekara

Yasmin at UNHRC side event ( photo: Deshapriya S)

''It is never too late for reconciliation initiatives in any country. However, reconciliation cannot be built on impunity and denial and is usually based on accountability that is, truth, justice, reparations for victims and an acknowledgement by the State of its responsibility for such crimes. The TRC in South Africa was established as one of many transitional institutions paving the way for democracy. It was also preceded by an interim Constitution which paved the way for elections and ultimately the transition to democracy. ''

Interview with Yasmin Sooka

Prof. Manivannan

Prof. Ramu Manivannan

The introduction and passing of the United Nations Human Rights Council (UNHRC) resolution L.1/Rev.1.,‘Promoting Reconciliation, Accountability and Human Rights in Sri Lanka’ on 27/03/2014 heralds a new page on many fronts in South Asia.

First, the uninterrupted impunity that the successive Sri Lankan governments have enjoyed in their treatment of Tamils since 1948 has finally been challenged at the international level.

Dilip Sinha at UNHRC: Closing the door

India's Janus Faced Duplicity by Dr Kumar David
In an unexpected volte-face India abstained from supporting the UNHRC resolution calling for an international probe into war crimes during the final stages of the civil war in Lanka.
Both the Congress led government and the BJP, hopeful of forming the next, are arm in arm and complicit in this. There were concerns about what implications certain passages in the resolution may have for human-rights violations and crimes by past, present and future Indian governments, and we are asked to believe that this was the reason for abstention. This may be partly true, but why should anyone be soft on governments seeking to hide crimes against their own people under the shroud of national sovereignty?

UNHRC Sri Lanka Resolution: Diaspora disappointed and hopes UN Security Council will take action

Tamil diaspora activist in London

Joint Statement on UNHRC Resolution 25/1 on Sri Lanka

We welcome the establishment of an international investigative mechanism to establish the facts and circumstances pertaining to “serious violations and abuses of human rights and related crimes” committed in the island of Sri Lanka. The UN Human Rights Council adopted Resolution A/HRC/25/L.1/Rev.1 on March 27, 2014, which paves the way for a comprehensive international investigation. We urge that the investigation should cover the period prior to, during and after the end of the armed conflict in 2009.

Basil Fernando

Human beings, however poor or however oppressed, seek justice in the same way. Even a tuberculosis patient looks for fresh air. All wisdom traditions have associated justice as having the same character as fresh air. To deny justice is to deny a fundamental condition of being human. If a person cannot get fresh air in the normal way, they have to be provided with air through artificial means of giving oxygen. To treat a patient’s illness, the patient must first be kept alive. If they cannot be kept alive by natural means, they should be kept alive through the use of artificial means. Failing to do that is to resign oneself to sure death.

JVP has a new leader

While being overjoyed at the results recorded at the two provincial council elections, after suffering setbacks for several years, JVP leader Anura Kumara Dissanayake today said the election results had dismantled the President’s power map planned for the next six years. Convening a media conference at the Party’s head office in Colombo, the JVP leader said the election results in the Hambantota District clearly reflected the downfall of President Mahinda Rajapaksa, since the UPFA vote percentage in the district dropped from 67% to 57%, when compared with the previous provincial elections held in 2009.

UNHRC 25: India takes the wind out of US sails but leaves Lanka puffed

Anti Resolution demo in Colombo

Don Manu

Though India took the wind out of puffed US sails set to charter a new turbulent course for Lanka by abstaining from voting in the US-sponsored resolution on Thursday, her non committal stance did nothing, however, to rock the smooth passage of the resolution which was comfortably passed with 23 nations voting for and 12 against, thus conferring the United Nations’ inquisitorial mandate upon Navi Pillay’s office to conduct an international probe into Lanka’s alleged violation of human rights and humanitarian laws.

Monk violence on the rise ( file photo)

A journalist training programme — funded by an international non-governmental organisation based in the United States – was abandoned on Friday after Buddhist monks disrupted it in the wake of the US-sponsored resolution against Sri Lanka in Geneva. The two-day in-house programme for 30 journalists was being held in Polonnaruwa on the theme of ‘search for peace’ when it was disrupted by the monks four hours after it began. The journalists taking part were from all ethnic communities in the Ampara, Batticaloa and Trincomalee districts.

In search of the sun, sea and sand:
Is enough being done to protect tourists?

Recent cases of harassment and rape of foreign women have raised concerns regarding the safety of tourists arriving in the country. Last week, a former Chairman of the Weligama Pradeshiya Sabha was arrested, produced in Court and remanded for sexually harassing a 22-year-old Swedish woman at a resort in Weligama. Earlier this month two police constables were arrested at the popular tourist destination Ella, in Badulla district for sexually harassing a 27-year-old German who was holidaying with her boyfriend.

TNN

CHENNAI: Chief minister J Jayalalithaa said steps would be taken to make India move a resolution at the UN seeking action against Sri Lanka for killing innocent Tamils during the war. At a meeting in Madurai on Friday, she said she would ensure that those responsible for the genocide are punished. The assurance comes on a day the Centre faced flak from parties and activists for abstaining from voting on a USbacked resolution on Lankan war crimes.

(Photo by Geri Dagys)

Two years after declaring March 20 the International Day of Happiness, the United Nations has released its first World Happiness Report. The UN has formally recognized the pursuit of happiness as a fundamental human goal. It can be argued that the UN has far more important issues to concentrate on, but surely we can all agree that happiness is every human's deepest wish - and therefore a serious issue.
The UN survey gives us insight into the general mood in different countries. People everywhere are checking it to see where they stand in the happiness rankings.

Action against us unnecessary: Sri Lanka's envoy on UN resolution

Ravinatha Aryasingha

Noopur Tiwari

Geneva: India yesterday abstained from the vote at the United Nations session in Geneva which calls for an international investigation into alleged war crimes in the final stage of the island's civil war which ended in 2009.
Indian envoy Dilip Sinha said India does not support the operative para 10 OF the resolution which asks for an international inquiry but encourages Sri Lanka to implement the recommendations of an internal inquiry's report and findings.
Ravinatha Aryasingha, Sri Lankan Permanent Representative to UN in Geneva, speaks to NDTV's Noopur Tiwari after the vote.

click to enlarge (Tamizh Prabhagaran)

Rajapaksa family to blame for Sri Lanka’s current plight - UNP - UNP
Sri Lanka Rejects UN Rights Probe,a conspiracy for a regime change
TNA welcomes resolution
Govt. responsible for Geneva debacle; JVP
Tamil Civil Society Forum concerned at limitations of resolution

Sri Lanka debate at UNHRC 25: Positions of the countires and Tactics that failed

UNHRC Requests High Commissioner to Undertake a Comprehensive Investigation into Alleged Serious Human Rights Violations in Sri Lanka

Pillay: a madate to go ahead (UN /Jean-Marc Ferré )

In a resolution (A/HRC/25/L.1/Rev.1) on promoting reconciliation, accountability and human rights in Sri Lanka, adopted by a vote of 23 in favour, 12 against and 12 abstentions, the Council requests the Office of the High Commissioner to undertake a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka during the period covered by the Lessons Learnt and Reconciliation Commission, and to establish the facts and circumstances of such alleged violations and of the crimes perpetrated with a view to avoiding impunity and ensuring accountability, with assistance from relevant experts and special procedures mandate holders.

HRC 25 in progress ( un photo)

A statement from the International Commission of Jurists ( ICJ) forwarded by the Asian Human Rights Commission

UN investigation offers hope to victims in Sri Lanka The UN Human Rights Council resolution to establish an international investigation into allegations of human rights violations and abuses committed by both sides in Sri Lanka’s civil war gives hope to tens of thousands of victims who continue to be denied truth and justice, the International Commission of Jurists said today.

Paul Newman at HRC 25

Countries tackling terrorism must adhere to International obligations and there is an impending need for an International Inquiry into War Crimes and Crimes against Humanity before the world wakes to the reality of investigating whether there was a genocide that took place in Mullivaikal. At the end of the session one was left wondering with the remark made by Ireland which stated that “Reconciliation can come only with respect and thinking from the other’s perspective!” Hope this happens at the earliest.
Paul Newman

P Chidambaram

Differing with his government's stand of abstaining from voting in UNHRC on the US-sponsored resolution against Sri Lanka, Finance Minister P Chidambaram today said New Delhi should have supported it.

"It is my personal opinion. Twenty three countries had supported it and we also should have supported even if it was a watered down one," he told reporters here.

The decision could have been taken by officials in the External Affairs Ministry, Chidambaram, who hails from Tamil Nadu where the ethnic conflict involving minority Tamils in Sri Lanka has an emotional appeal, said.

Even if all 48 countries voted against Sri Lanka in Geneva, foreigners will not be allowed to subjugate the mother land, President Mahinda Rajapaksa emphasized.

Winning or losing will not be a problem as we have not committed a wrongdoing, he added.

The President made these comments addressing the final election rally of the United People's Freedom Alliance (UPFA) at the N.T. Dayananda grounds at Debarawewa in Hambantota on26 March.

Political parties in Tamil Nadu expressed shock and disbelief, while condemning India’s decision to abstain from a U.S. sponsored resolution in the United Nations Human Right Council (UNHRC) against Sri Lanka for a credible, independent, international probe into the alleged human rights violations in the last leg of the civil war in that country during 2009.

Sri Lanka war victims ( File photo- AFP)

Human rights activists and journalists critical of the government in Sri Lanka have regularly been threatened and harassed Human rights activists and journalists critical of the government in Sri Lanka have regularly been threatened and harassed

The Sri Lankan government has twice ignored calls by the UN Human Rights Council to conduct an independent and credible investigation into allegations of violations during the country’s horrific civil conflict. Now they have a fresh opportunity to restore some international credibility by cooperating with the investigation.

America at UNHRC

UN Human Rights Council Vote on Sri Lanka Reconciliation

Press Statement /John Kerry, Secretary of State

Today’s vote in the UN Human Rights Council sends a clear message: The time to pursue lasting peace and prosperity is now; justice and accountability cannot wait.

This resolution reaffirms the commitment of the international community to support the Government of Sri Lanka as it pursues reconciliation and respect for human rights and democratic governance.

FULL STATEMENT BY INDIA:

March 27, 2014

The UN Human Rights Council has adopted three resolutions on Sri Lanka since May 2009 when the three decades old conflict in that country ended. India has always been of the view that the end of the conflict in Sri Lanka provided a unique opportunity to pursue a lasting political settlement, acceptable to all communities in Sri Lanka, including the Tamils.

HRC25 adopted Sri Lanka resolution March 2014 with 23 for to 12 against and 12 abs

photo by Maga.Tamizh Prabhagaran

Congress Party to ensure a credible, objective, time-bound inquiry into allegations of human rights violations in Sri Lanka

Civilians in the midest of SL war

Congress Wakes Up, Tries to Contain Damage

Devirupa Mitra - NEW DELHI

Reduced to being a marginal player in Tamil Nadu mainly due to its policy with Sri Lanka, Congress gave its most detailed attention to the island nation in its manifesto with talk of putting international pressure on Colombo to hold a time-bound inquiry into war crimes in the last stages of civil war.

The manifesto, released on Wednesday, devoted 10 paragraphs to articulating its foreign policy vision. While it talked in generalities about the relationship with other countries, it was clear that Sri Lanka was an exception.

See Video here

Five years ago Dr Varatharajah Thariajah was given his freedom in exchange for refuting war crimes allegations against the Sri Lankan government. Today he tells Channel 4 News a different story.
At the end of the Sri Lankan civil war the government of Sri Lanka held a press conference, writes Callum Macrae. Five doctors who had been trapped in the war zones – and had told the world of the awful suffering of the trapped civilians - were paraded in front of the world's media.

Tamil Dr. Vartharaja speaking of civilian causalties
at the last phase of war at HRC 25 (© Deshapriya S.)

SOMINI SENGUPTAMARCH

UNITED NATIONS — What to do with Sri Lanka? The island nation, triumphant after nearly three decades of war against ethnic separatists, has vexed the United Nations.

Five years after the war’s brutal ending, the world body has been unable to address grave human rights violations committed by the warring parties, making Sri Lanka something of an object lesson in the difficulties of pursuing accountability.

The United Nations’ own conduct during the war led to a change in doctrine: The secretary general late last year ordered United Nations officials not to stay silent in the face of rights violations, as they had in Sri Lanka in 2009.

MP Sumanthiran explains why TNA support the resolution,
MP Mavei Senathiraja on the right at press meet held on
today; 5 TNA MPs participated in the event (© s.deshapriya)

Amal JAYASINGHE | AFP

Sri Lanka faces fresh condemnation at the UN's top human rights body this week in a move that observers say could lead to an international criminal investigation for war crimes.

A US-led resolution demanding accountability for thousands of deaths of ethnic Tamil civilians five years ago is almost certain to be adopted at the UN Human Rights Council (UNHRC) in Geneva.

President Mahinda Rajapakse has launched a diplomatic offensive to drum up support from smaller nations, but officials privately admit that it is a big ask given that even neighbouring India is siding with the US.

Rajapakse, who has tightened his grip on power after crushing Tamil separatists and declaring an end to 37 years of ethnic bloodshed in May 2009, feels he is being unfairly targeted by Western nations.

Navi Pillay ( UN photo)

HC opening statement on 26th March 2014 at HRC 25:

I am pleased to introduce to the present session of the Council the report of the Office of the United Nations High Commissioner for Human Rights on promoting reconciliation and accountability in Sri Lanka (A/HRC/25/23). The report examines the progress the Government has made in implementing the recommendations of its Lessons Learnt and Reconciliation Commission (LLRC), as well as those I formulated in my report which were endorsed by the Council in March 2013, and following my visit to the country in August 2013.

Juliette De Rivero

Juliette De Rivero, Geneva director

(Geneva) – Members of the United Nations Human Rights Council should vote for a resolution calling on the UN’s human rights office to investigate allegations of war crimes by all sides during the final months of Sri Lanka’s civil war, Human Rights Watch said today. The vote on the resolution is expected this week.

The Sri Lankan government has failed to seriously respond to two previous Human Rights Council resolutions seeking national investigations into violations of international human rights and humanitarian law during the last stages of fighting with the Liberation Tigers of Tamil Eelam (LTTE), which resulted in the deaths of as many as 40,000 civilians.

Sri Lankan army heightens security in the North

File photo

Meera Srinivasan

Northern Province CM says the ‘story’ of LTTE re-emergence is being floated to justify the heavy military presence. The Sri Lankan army has heightened security in the country’s Northern Province through a host of measures, including vehicle checks, it is learnt. Jaffna Security Forces Commander Udaya Perera said the move was aimed at preventing a possible regrouping of LTTE sympathisers. “We hear that sections of the diaspora are funding some of those elements here,” he said. The “precaution,” he said, was also necessary to nab a suspect still at large, after a recent incident in Kilinochchi where he reportedly opened fire on a policeman.

SL AMB at UNHRC

UNHRC resolution: President violating Polls laws to slander UNP – Tissa

President Mahinda Rajapaksa, in violation of guidelines set by the Elections Commissioner, was using provincial council polls campaign meetings to slander the UNP by making baseless allegations with regard to the accountability resolution to be presented against his government,at the ongoing UNHRC session, the party’s General Secretary Tissa Attanayake MP, said yesterday.

The actions of certain MPs and ministers have contributed towards the resolution being brought against the country at the United Nations Human Rights Council (UNHRC) concerning alleged human rights violations, the Maha Nayakes of the ...Asgiriya and Malwatte Chapters of the Siyam Nikaya and Amarapura and Ramanna Nikayas said.An epistle signed by the respective four Maha Nayakes to be sent to the UNHRC in Geneva today (26).

His Excellency the President Mahinda Rajapaksa dismissing calls for a probe on the last five days of the conflict, stressed that the Government is ready for an investigation of the entire terrorist conflict while addressing a gathering at Maligawatte on 24th March.

"I am prepared to do a full scale investigation into the entire terrorist conflict, and not just the last five days," the President stressed. "Some elements called for a probe from Year 2000 upwards with hidden motives and objectives in mind," he said.

President Mahinda Rajapaksa has extended the period of coverage of the Commission of Inquiry appointed to investigate cases of alleged disappearances of persons in the Northern and Eastern Provinces to cover the period from 01st January, 1983 to 19th May, 2009. Earlier this was limited to the period of 1990 - 2009. This decision was taken as the Commission had received many complaints from the public regarding disappearances and missing persons prior to 1990.

The Extra Ordinary Gazette notification issued last night has also extended the warrant for the submission of the final report of the Commission to August 15, 2014.

Aircraft carrier USS Abraham Lincoln
stationed in Indian Ocean

Parasaran Rangarajan

The United States is reported to have requested a military installation in Sri Lanka as part of its “Pivot Towards Asia” where the Pentagon has stated that approximately 60% of U.S. Navy assets will be in the Asia Pacific region including Oceania, South China Sea, and the Indian Ocean by 2020[1] .

Sri Lanka is currently under increasing international pressure for violations of international law and views the continued U.S. sponsored resolutions at the United Nations Human Rights Council (UNHRC) against the island nation as interference in its domestic affairs in a larger attempt to bring about regime change under the guise of human rights.

Why a UN probe of Sri Lanka would spark new hope for reconciliation

Panel of Experts with UNSG

Marzuki Darusman, Steven Ratner, and Yasmin Sooka

Contributed to The Globe and Mail

Five years ago, Sri Lanka’s civil war reached a bloody conclusion on a stretch of beach in the island’s northeast, as government forces pummeled the remnants of the Liberation Tigers of Tamil Eelam and thousands of Tamil civilians trapped near them. The government of President Mahinda Rajapaksa, flush with triumphalist fever, insisted it had done no wrong during that fateful campaign. But the survivors told a different tale. Indeed, tens of thousands may have perished during the last phase of the war.

Photo REUTERS/Dinuka Liyanawatte

Crisis Group

The heavy militarisation of Sri Lanka’s northern province after the civil war’s bloody end in 2009 has been the subject of growing domestic and international concern. The large numbers of military personnel in the north, and the deep involvement of the military in the province’s governance, endanger the re-establishment of democratic institutions that is necessary to lasting peace (see our Nov 2013 report Sri Lanka’s Potemkin Peace: Democracy Under Fire).

Learning together from Geneva mistakes by Jehan Perera

The resolution on Sri Lanka that is to be voted on this coming Friday at the UN Human Rights Council is tighter than the draft that first made its appearance two weeks ago. This would be disappointing to the Sri Lankan government that worked hard through its friendly countries to dilute the draft resolution, if not defeat it entirely. However, mistakes made by the government and circumstances beyond its control have worked against it.

Rajapaksha: Abocve the Law

Petition against CJ’s appointment

A five judge bench of the Supreme Court yesterday declared that the President had legal immunity under article 35 of the Constitution of Sri Lanka and that his actions could not be challenged in Court.

The Supreme Court declared the judgment in respect of the fundamental rights violation application filed by the Centre for Policy Alternatives and its Director P. Saravanamuttu, who had complained of the appointment of Mohan Pieris as the Chief Justice subsequent to the impeachment of Chief Justice Dr. Shirani Bandaranayake.

C.V.Wigneswaran

The Supreme Court yesterday issued an Interim Order suspending the operation of the Administrative Standing Instructions of the Northern Province Chief Minister C.V.Wigneswaran.

The Bench comprising Chief Justice Mohan Peiris, Justices K.Sripavan and Sathya Hettige issued the Interim Order until the final determination of the fundamental rights petition filed by Northern Province Chief Secretary challenging the Chief Minister’s interference with her employment and his bid to remove her from office.

Jayakumari

A Statement from The Asian Federation against Involuntary Disappearances

Today, as the United Nations commemorates the International Day for the Right to the Truth Concerning Gross Human Rights Violations and for the Dignity of Victims, the Asian Federation Against Involuntary Disappearances (AFAD) reiterates its strong condemnation against the arbitrary arrest and detention of Balendran Jeyakumari and her 13-year old daughter and the intensifying intimidation and harassment against Rukj Fernando and Father Praveen after their release from detention.

Promoting reconciliation, accountability, and human rights in Sri Lanka; The final draft

2013 SL resolution ( DBS)

''to undertake a comprehensive independent investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka, during the period covered by the Lessons Learnt and Reconciliation Commission, and establish the facts and circumstances of such alleged violations and of the crimes perpetrated with a view to avoiding impunity and ensuring accountability, with assistance from relevant experts and special procedures ''

Photo by Pat Roque/AP,
courtesy The Guardian

The International Federation of Journalists (IFJ) joins its Sri Lankan affiliate the Free Media Movement (FMM) in deploring the Magistrate order issued on human rights activists Ruki Fernando and Father Praveen Mahesan, restricting their right to speak and calls for an immediate lifting on the ban.
The IFJ said: “This judicial order has prevented the two activists from speaking about not only their arrest but also the human rights violations taking place in the North of Sri Lanka that they had been investigating.”

Rauf: where does he go form here?

A group of Budu Bala Sena went to Mawanella town to create mayhem and panics in the minds of minority communities in Mawanella area. This happened on 22-03-1-14. It is very much clear that they have taken the law in to their hands and they do not respect law enforcement agents in the country. Police and armed forces have to stay idle in front of them until they do their dirty work. Today, they have changed the name of street from a Muslim name to a Buddhist name. From Hassan mawaththa to Anagarika Darmapala MV and yet, police and armed forces did nothing as if they give green light.

Ruki

''Merely tagging on an accusation of some connection to the LTTE without sufficient evidence in order to create the impression of some illegal activity is not becoming of a legitimate government. Unfortunately the long period of violence that prevailed in the country for several decades left room for such arrests without the strict criterion relating to the law. A situation arose when, by the mere signature of an official, the most terrible accusations can be made and these led to the issuing of orders which have enormous consequences. ''

No right to campaign for the release of Ruki Fernando and Fr. Praven referring to them as 'human rights activists - MoD

Ruki Fernando with his lawyers
(BBC sandesha photo)

Human Rights Organizations or Activists are NOT above the LAW

The arrests and detention of Mr. Ruki Fernando and Father Praveen has generated wide coverage demanding their immediate release on the premise that they were human rights activists. What needs to be clearly established is that Sri Lanka is a democratic country, there are laws that govern the country and laws that are applicable to all those living in Sri Lanka. Anyone living in Sri Lanka, whether they are citizen or non-citizen are subject to the laws of the land. If anyone has breached the laws of the country it is considered a criminal offence against the State of Sri Lanka.

Shubhranshu Choudhary

Journalist Shubhranshu Choudhary is the brain behind CGNet Swara (Voice of Chhattisgarh) a mobile-phone (no smartphone required) service that allows citizens to upload and listen to local reports in their local language.

Shubhranshu Choudhary acceptance remarks:

Over the last few centuries our politics, world over has got democratized, more or less. But if you look at mass communication, media or Journalism it still remains aristocratic, top down and more power in the hands of few. We understand that our political democracy can not mature, function well unless we have a democratic, equitable communication.

Press release / 23.03.2014

The Free Media Movement deplores the Magistrate order issued on Human Rights Defenders ( HRDs) Ruki Fernando and Fr, Praveen Mahesan restricting their right to speak. The freedom of expression is a fundamental right recognized by the constitution of Sri Lanka and enshrined in the Universal Declaration of Human Rights. It can only be restricted under specific situations.

Screen shot of the video

Tisaranee Gunasekara
“Evil is unspectacular and always human, And shares our bed and eats at our own table Auden (Herman Melville) For once, the military has done something sensible. It has admitted the authenticity of the footage depicting several army personnel inflicting cruel and degrading punishments on a group of female recruits .
Crimes of every sort, from rape downwards, happen in any army. But these crimes are often conducted in secret, behind at least a semi-closed door. The scenes depicted in the latest Lankan footage happen out in the open. The perpetrators seem totally at ease, almost nonchalant, with no discernible concerns about exposure, leading to censure or condemnation.

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