• Caste discrimination requires legal recognition in the UK

    Mar 05

    In a landmark vote on Monday, the House of Lords voted to outlaw caste-based discrimination amongst South Asian communities in the UK. The bill was fiercely backed by peers from all parties and passed with a majority vote of 225-153. Yesterday’s vote will bring the proposed bill to the House of Commons, where it needs to be voted upon by the end of the March to be passed into law and become the first anti-caste legislative act outside of South Asia.

    The bill in question, Clause 9(5)(a)of the 2010 Equality Act, has previously been enshrined in the anti-discrimination act but has not been activated yet. The current Conservative-Liberal Democrat coalition government remains strongly opposed to the bill, having already announced its planned opposition in a forthcoming vote set to take place in the House of Commons. In the eyes of the government, anti-caste discrimination will do little to abolish caste-discrimination amongst British South Asians. Instead, the government relies on widespread educative measures to eradicate caste-discrimination in the UK.  However, with twenty-two Liberal Democrat peers and nine Conservative peers voting against their own government’s stance, opposition to the bill remains fractured.

    For British Dalit advocacy groups and anti-caste campaigners, such as Dalit Solidarity Network UK and Caste Watch UK who have strongly advocated the inclusion and enactment of legal protection against caste-discrimination, Monday’s vote is a crucial victory in their struggle for the recognition of caste discrimination outside of South Asia. They argue that Dalits and other British Asians of so-called ‘low caste’ origin deserve similar legal protection as to victims of racial discrimination.

    Whilst there are no definitive figures on the number of Dalits or other Asians of ‘low caste’ origin in the UK, estimates vary with some activists citing around 50,000, and others, such as the Bishop of Oxford Lord Harries of Pentregarth, estimating the number of British Dalits to be at around 480,000. According to several participatory studies conducted by anti-caste activists and the National Institute of Economic and Social Research, caste discrimination, harassment and bullying occurs in employment, education and social services in the UK and demands for greater socio-political recognition and legal protection.

    However, these findings are highly contested by British Hindu advocacy groups widely considered to be the stronghold of the so-called ‘upper caste’, who continue to lobby against the activation of the anti-caste discrimination bill, such as the Hindu Council UK and the Hindu Forum of Britain. Arguing that caste discrimination has little relevance to communities removed from South Asia, such groups thus claim that legal protection is seemingly unnecessary - and unwanted. Interestingly, this viewpoint has now been adopted by the conservative-liberal government, thereby fostering a culture of negation of Dalit and 'low caste' Asian grievances.

    Caste-discrimination affects British Asians of all origins, including British Tamils as shown in a research study I conducted last year amongst the Tamil diaspora globally. Contrary to popular belief, caste, caste based differentiation and caste discrimination continue to mark social spaces and relations even amongst diaspora Tamils. Despite these findings, or arguably because of them, it was also noted that caste remains a highly contentious topic amongst the highly upwards stratified British Tamil diaspora. A similar trend can be observed within most other British Asian communities. With a diktat of social silence imposed upon caste as a topic by largely ‘upper caste’ community members, caste-relations and caste discrimination as a parameter for social interactions continue to be difficult to be uncovered, problematised and tackled. Hence, for victims of caste discrimination, the lack of recognition from within the community as well as the host society and its institutions makes it deeply troubling, traumatizing and almost impossible to demand legal protection and justice for cases of discrimination and harassment. A survey published by the Anti-Caste Discrimination Alliance in 2010 which looked at British Asians in general, found similar views: 58 per cent of those questioned had suffered caste based discrimination and 79 per cent of those did not think the police would understand it if they reported a case of caste based discrimination as a hate crime.

    The first case of employment discrimination on the basis of caste brought to a British court (Begraj v. Manak) serves as another example of how the lack of legal, political and social recognition for caste discrimination in the UK undermines the possibilities of achieving justice for victims. After two years, the case Begraj v. Manak  in which an Asian employer was sued by a former employee for charges of discrimination, humiliation, victimisation and harassment, collapsed after the presiding judge was accused of bias herself. As a result, justice was denied to the damaged party whose grievances remain uncompensated. If a tough legal framework for caste-based discrimination had existed, outcomes like that in the case of Begraj v. Manak may have been avoided.

    The activation of Clause 9(5)(a) of the 2010 Equality Act in the UK would set a precedent  outside of South Asia to include caste to race discrimination laws. Caste discrimination would for the first time receive legal recognition as a migratory concept (ie. the issues of caste identity and discrimination migrate with those who bear caste ideologies and markers). It would equally serve as a model example for other states with large South Asian communities, so that they too may adopt similar legal frameworks to ensure protection from possible discrimination. Victims of caste discrimination would be one step closer to achieving legal recognition and protection; and caste would be put on the map of forms of racism and xenophobia as demanded by the UNHRC.

     

    Sinthujan Varatharajah recently graduatated from the London School of Economics and Political Science in Race, Ethnicity and Postcolonial Studies. He is currently working as a research intern at the Institute of Race Relations in London as well as a researcher on Muslims in France and Belgium for Harvard University's and CNRS France's joint academic research network Euro-Islam.

     

  • SL security forces block 1000s Tamils travelling to protest march

    Sri Lankan security forces have stopped thousands of Tamils from joining a protest march in Colombo to demand justice for disappeared or detained relatives on Wednesday.

    Protesters, who were travelling mainly from Vavuniya, had boarded buses in order to make the 210 km journey to Colombo when Sri Lankan police stopped the buses.

    The Sri Lankan Military spokesperson, Brigadier Ruwan Wanigasooriya, claimed that police stopped the buses in order to prevent possible calshes in Vavuniya. However, leader of the Democratic People's Front party, Mano Ganeshan, rejected this and said that security forces intimidated and threatened bus drivers to halt the journey. According to FirstPost, bus drivers and protesters were warned that if they travelled to Colombo, they and their families would 'face problems' when they returned to Vanni.

  • US 'alarmed' by detention of Tamil protesters

    In a statement published on Wednesday, the US embassy in Sri Lanka expressed alarm at the blocking of 1000s of Tamil protesters travelling to Colombo by Sri Lankan police.

    See here. Reproduced in full below:

    The U.S. Embassy is concerned about reports that hundreds of Sri Lankan family members of the disappeared were blocked in Vavuniya by Sri Lankan authorities while traveling to Colombo.  These family members are calling for information about their missing loved ones.  The Embassy calls upon Sri Lankan authorities to allow free movement of these citizens.  The right to freely express opinions is universal and protected under Sri Lankan and international law.  

    The United States is constructively working with international partners to support of these basic freedoms through the United Nations Human Rights Council (UNHRC) resolution in Geneva.  We continue to urge the Government of Sri Lanka to follow through on its own commitments to its people by implementing recommendations made in their Lessons Learnt and Reconciliation Commission (LLRC) Report.  The LLRC recommends thorough investigations into disappearances as well an establishment of a mechanism to address cases of the missing and detained.  Since last year’s UNHRC resolution the United States has grown increasingly concerned by the lack of progress on these issues, as well as backsliding on other important areas of fundamental democratic rights.  All Sri Lankans should enjoy the same rights and live in dignity, sharing a democratic, secure, and prosperous future.

  • Canadian MP Brad Butt - 'not satisfied with what we are hearing today'

    In an interview to Phoenix News Media on 1st March 2013 regarding Sri Lanka, the Canadian MP for Mississauga-Streetsville, Brad Butt, reaffirmed Canada's commitment to "continue to put pressure on through international bodies, through the Commonwealth and other agencies that Canada is a partner", and made clear that whilst quiet diplomacy can work, "sometimes you have to raise the bar, and that's exactly what we are doing."

    "As we learn more, we continue to step up," he added.

    Extracts of Brad Butt's responses have been transcribed below:

    "The Prime Minister has spoken out very loudly and clearly on this issue, so has our foreign affairs minister, John Baird. We continue to be concerned about the lack of accountability for the serious allegations of war crimes. We know that there has been work done by the UN, a number of other reports that you've mentioned, that the Canadian government is gravely concerned about.""From what I heard, the US government is stepping up their comments and their concerns as well on this issue, so we are starting to build a better international voice on this to make sure that these issues are well articulated."

    "The Prime Minister in fact has said just this week in question period that if there wasn't more transparency, accountability, and responsibility, over these outstanding issues that we are still trying to get proper answers to, then the Prime Minister will not attend the Commonwealth conference in Sri Lanka this November."

    "To state Canada's clear position, we are not satisfied with what we are hearing today. We continue to be gravely concerned and as we learn more we continue to step up, I think, our government's response to this by saying that these acts clearly aren't acceptable, and that we want to continue to put pressure on through international bodies, through the Commonwealth and other agencies that Canada is a partner, to state Canada's position, that we want clear answers to this and we want Sri Lankan government to play its role in making sure that there is a proper level of accountability and transparency."

    "The communication I get from members of the Tamil community in Mississauga and the Greater Toronto area has been excellent. They have very much kept me and the parliamentarians in the loop with specific examples with stories that they are getting from friends and families who are still back in Sri Lanka. So I think we are very well informed, as parliamentarians and as a government as to what is happening, and we are listening, and we've been acting, and we've been speaking up at the United Nations and other bodies to make sure Canada's very active position on this is well articulated."

    "The opposition leaders are concerned too. I think it is good that we are all standing together as a members of parliament. It was the opposition leader that asked the question earlier this week in the House and the Prime Minister responded. So we know that there [are] many MPs on both sides of the House that continue to be concerned, and continue to speak out."

    "Quiet diplomacy often works extremely well in certain circumstances, I think that has been Canada's approach on this issue, although we are clearly stepping up our very strong stance on this issue, cos sometimes you have to raise the bar, and that's exactly what we are doing."

     

  • Investing in the future...

     Defence Secretary, Gotabaya Rajapaksa will open a new 'Buddhist Leadership Academy' later this month.

    The Academy will be located in the Ranchawala region of Galle, reported the Mirror.

    According to the Bodu Bala Sena ("Buddhist Power Force"), a Buddhist organisation based in Colombo, the purpose of the academy is to develop and improve leadership qualities in the Buddhist clergy, Buddhist leaders and Buddhist youth activists.

    The Defence Secretary's vindication of the Buddhist Academy comes at a time when the extremist tendencies  of the Buddhist  clergy and activists are rife.

  • Sri Lankans protest…against the TNA

    Government supporters have held a protest in Colombo, calling on the UN to take action against the “LTTE” in the diaspora and the Tamil National Alliance, for being a “proxy” of the organisation.

    Around 1,500 people from a group called “Dead and Missing Persons Front” gathered outside the office of the United Nations in the capital and handed over a petition demanding action.

    "It is only on one side that attention is being focused at the Human Rights Council sessions in Geneva," an organiser told state-run radio.

    The protest coincided with another demonstration by Tamils, demanding to know what happened to relatives who had disappeared. Over a thousand Tamils were blocked from attending that protest.

    See here for government media’s account of the protest.

  • No place in Human Rights Council' for SL attack on High Commissioner

    A senior official from the British Mission in Geneva at the United Nations Human Rights Council has denounced Sri Lanka's speech which sought to attack UN High Commissioenr for Human Rights Navi Pillay.

    In his address to the council, Minister of Plantation Industries, Mahinda Samarasinghe said "the bona fides of the High Commissioner's objectives may be called into question" and accused her of a "lack of objectivity". Previously the Sri Lankan Ministry of Defence also published articles attacking the High Commissioner's credibility.

    In a blog post, Senior Human Rights Advisor for the UK Mission human rights team Bob Last stated that,

    "The Sri Lankan delegation seems to be going to great lengths to keep itself at the front of people’s minds. The unpleasant verbal attack on the High Commissioner by the Sri Lankan Minister was ill-judged and had no place in the Human Rights Council.

    The attempt to block the premiere of ‘No Fire Zone’ , the latest film on the final stages of the 2009 war, got short shrift from the Council President and only served to ensure a full house for the film."

    It was grim viewing but important for council delegates to see as the further in time we move from the conflict, the harder it will be for Sri Lankans to achieve justice for the violations which occurred.

    After the film a Sri Lankan Member of Parliament from the Tamil National Alliance made a poignant statement quoting Arthhur Schopenhauer:every truth passes through three stages before it is recognised. In the first it is ridiculed; in the second it is opposed and in the third it is regarded as self-evident. Let’s hope that the Council ‘s attention can help the process of truth telling about the conflict in Sri Lanka as a much needed first step towards reconciliation."

    At the opening of the Council Session, Last also blogged,

    "Sri Lanka will come up for another resolution this March aimed at promoting reconciliation and accountability in the country. The charged atmospherics around the resolution last year felt like the diplomatic equivalent of Lord of the Flies with a massive Sri Lankan government presence sparing no efforts to persuade countries not to vote in favour of the US resolution."

    "Sri Lanka failed last year and won no friends through its heavy handed approach. Many diplomats were genuinely appalled by the threats made to those Sri Lankan human rights defenders brave enough to travel to Geneva to describe the situation back home."

    "Let’s hope we can avoid a repeat performance this year."

  • Sri Lanka snubs Pillay meeting in Geneva

    The head of Sri Lanka's delegation at the UN Human Rights Council session in Geneva has reportedly snubbed UN High Commissioner Navi Pillay, by missing a scheduled meeting with her.

    According to the Island, Plantations Minister Mahinda Samarasinghe caused a stir by skipping a meeting that he was due to have with the HIgh Commissioner.

    The move follows his address to the council last week, where Sri Lanka attacked the High Commissioner, accusing her of a "lack of objectivity".

    The address was met with criticism from the UK, with a senior member of mission stating,

    "the unpleasant verbal attack on the High Commissioner by the Sri Lankan Minister was ill-judged and had no place in the Human Rights Council".

  • Chennai police arrest hundreds of protesters

    Hundreds of protesters made of DMK party workers along with the leader, MK Stalin, were arrested on Tuesday as they attempted to picket the Sri Lankan High Commission in Chennai.

    Calling for an an international inquiry into alleged war crimes by the Sri Lankan government, protesters shouted slogans demanding that the Indian government does not "betray" the Tamils.

    Other Tamil Nadu political figures were also arrested, including Dravidar Kazhagam leader K Veeramani and Viduthalai Chiruthaigal Katchi leader Thol Thirumavalavan.

  • Lawyers Rights Watch Canada's address to UNHRC

    Statement made by Ms. Vani Selvarajah at the UN Human Rights Council on Monday on behalf of Lawyers Rights Watch Canada, during Item 2 - Interactive Dialogue with High Commissioner:

     

    (See here for UNHRC webcast at 00:59:50)

    "Thank you Mr. President,

    Madam High Commissioner, on behalf of Lawyers' Rights Watch Canada and the International Movement Against All Forms of Discrimination and Racism (IMADR), we welcome your annual report, and thank you for your continued resolve to protect human rights around the world.

    The situation in Sri Lanka is deteriorating, with an increased level of militarization, suppression of free speech, the breakdown of the rule of law and the loss of any democratic space. The Tamil people are living under army occupation. Students from the University of Jaffna were illegally arrested and detained for peacefully protesting. Journalists continue to live and work in fear of reprisals. The Chief Justice, Shirane Bandaranayake, was illegally impeached this January. We are encouraged by your optimism that findings of the Secretary General's landmark internal review undertaken by Charles Petrie, would allow for increased responsibility, transparency and accountability within the UN system. To effectively promote accountability in Sri Lanka, Council itself must act to ensure acceptance of the UN Panel of Experts Report as an official document. The Panel of Experts concluded that there were credible allegations of war crimes and crimes against humanity committed by both sides of the conflict in Sri Lanka.

    We are deeply concerned by the continued attacks on your credibility, impartiality and neutrality. Human Rights defenders in Sri Lanka, and elsewhere continue to be the subject of attacks meant to silence calls for adherence to international human rights norms. We encourage you to continue to advocate for the cessation of systemic human rights abuses in Sri Lanka and to call for remediation of past violations.

    Just last week, new evidence has surfaced where a 12 year old boy, Balachandran Prabaharan, was summarily executed while in Sri Lankan army custody on the last days of the war in 2009. These and other violations of international law, including war crimes and crimes against humanity, must be investigated by a neutral party.

    Madam High Commissioner, we look forward to your report to Council wherein you reiterate your call for a Commission of Inquiry in Sri Lanka, in order that the senseless slaughter of a child and other crimes are addressed."

  • Ministry of Defence on the hunt for 'informants'

    The Sri Lankan government is on the lookout for people providing information to the British television broadcaster channel 4, reported a Sinhala daily paper, The Divaina.

    The paper reported that the Ministry of Defence had requested the public to report any members of the public that they suspected of 'betraying the country for monetary gain' by passing on information to Channel 4.

    The Ministry of Defence alleged that Channel 4 documentaries that accused Sri Lanka of war crimes  had used unauthenticated evidence.

    The producer of the Channel 4 documentary on Sri Lanka, "No Fire Zone:The Killing Fields of Sri Lanka" , Callum Macrae, responded to the Sri Lankan Ministry of Defence's attack on the credibility of his documentary. 

    See below for excerpts of his statement.

    "In relation to the statement apparently issued today from within the Sri Lankan Ministry of Defence i would like to make it clear that not one person living anywhere in Sri Lanka helped us make this film. Furthermore we have not paid anything to anyone for any evidential material or interviews. That is simply a fact."

    "What is even more astonishing and disturbing is that these threats come from government sources."

    "The eyes of the world are on Sri Lanka just now, as the UN Human Rights Council considers how justice and accountability can be ensured in Sri Lanka. There after Commonwealth countries will also be considering their position in relation to Commonwealth Heads of Government meeting scheduled to be held in November in Sri Lanka."

    "When our first film came out and provoked angry denials from the government - Sri Lanka's own former president, said: "continued denial of proven facts and abuse of our honest critics will not resolve the problem for anyone."

    "I repeat again. No person resident anywhere in Sri Lanka helped us with this film. No-one was paid for any evidence or interviews."

  • Thousands call for UN sponsored referendum

    Photographs www.sankathi24.com

    Thousands of Tamils from across the world descended upon Geneva on Monday where the UN Human Rights Council session is currently underway, to take part in a mass rally that called for an UN sponsored referendum.

    Tamils also called for an international, independent investigation to look at the crime of genocide by the Sri Lankan state, and demanded the immediate release of all political prisoners.

  • Why Nigeria must boycott CHOGM

    Writing in the Nigerian national daily, ThisDay, head of the Commonwealth Lawyers Association Boma Ozobia has argued for Nigeria to boycott the Commonwealth Heads of Government Meeting in Sri Lanka later this year.

    See extracts below:

    The 5th and Current Secretary General of the Commonwealth of Nations, Kamalesh Sharma is visiting Nigeria at about this time and as is this case with these visits, various matters of mutual concern will be tabled for discussion between the government of Nigeria and the visiting dignitary. I trust the current situation in Sri Lanka will be top of the agenda. I trust also that the Secretary General will be urging Nigeria through its government to boycott the Commonwealth Heads of Government meeting (CHOGM) due to take place in November in Colombo, Sri Lanka except the Sri Lankan government retraces its steps and reinstates the Chief Justice of that Commonwealth nation immediately or in any case before the CHOGM.

    We complain about impunity in this Country, but never in the history of Nigeria, even in the dark days of military dictatorship have we experienced what the good people of Sri Lanka are currently being subjected to, certainly, no government of Nigeria would attempt such a blatant and ‘in your face’ disregard for the rule of law.

    We cannot ignore it and pretend [the impeachment of the chief justice] did not happen, if at all Nigeria is represented at the CHOGM in Sri Lanka it should be solely because we went there to deliver this message to President Rajapakse and family that, ‘this blatant disregard for the principles of separation of powers between the three arms of government and attack at the fundamental principles of the rule of law must stop forthwith.’

    See here for full opinion.

  • Aus MP Julie Bishop responds to TNA MP Sritharan

    At the beginning of last month, TNA MP S. Sritharan, accused Australian MP Julie Bishop (Shadow Miniser for Foreign Affairs and Trade) of not caring about Tamil grievances, in an interview with an Australian Tamil radio show on Melbourne Radio 3Cr. See here for his comments in full.

    Responding on Twitter to the story by Tamil Guardian, Julie Bishop (@JulieBishopMP) tweeted, "that report does not reflect what occurred - it is refuted".

    Asked by Tamil Guardian for her version of events, Bishop sent us the following written response which has been reproduced in full below. (Highlights in bold by Tamil Guardian):

    The first part of our visit to the Northern Province was organised by the Tamil National Alliance.
     
    No member of the Government, police or military was present during the meetings arranged by the TNA.

    We observed a substantial investment in roads, electricity, schools, housing and healthcare, among other things, as we travelled between Jaffna, Kilinochchi and Mullaitiva, before travelling to the Eastern Province. We are hopeful that this investment will help raise living standards for the Tamil people.

    The TNA arranged for us to meet with a number of community representatives who raised concerns over the treatment of Tamils in the post conflict period. Although a number of allegations were made, those we spoke to were unable or unwilling to provide us with any specific instances of ongoing violations.

    Specifically we asked for details of the number of people who had been physically assaulted, kidnapped, killed or violated in some way in recent months, and for specific examples, so that we could raise these concerns with government officials in Colombo.

    Mr Shritharan MP did describe to us an incident where his office was raided by authorities, whom he concluded were from the intelligence agencies, and who accused him of possessing and/or having knowledge of explosives and other material. The only document he provided to me was a photocopy of a newspaper article reporting his allegations.

    When we met with the Parliamentary Leader of the TNA in Colombo he did not cite Mr Shritharan’s incident as evidence of any violation of the rights of Tamil politicians.

    The TNA did raise with us an incident at the University of Jaffna involving the detention of a number of students but we were advised that they had been released.

    Despite numerous requests our delegation was not provided with any names or dates and we were therefore unable to verify any claims of persecution as described in the TNA media release.

    At our suggestion we travelled to Mullaitivu to meet with Tamils who had been dispossessed of their land and were being relocated.

    We arrived without notice to the local people however they welcomed us to their camp. Many did not speak English but we were able to hold conversations via a TNA interpreter.

    There did not appear to be any hesitation or fear in their engagement with us, as may be concluded from the photograph I have attached above.*

    A short distance away we saw soldiers in military uniforms working on houses and they said that their work was to construct permanent houses for the people in the camp. We inspected one of the houses, also depicted in the photograph attached to this email.

    There was no evidence of any tension between the local people and the soldiers.

    I again urge the TNA leadership to provide evidence, including a list of those people whom they allege have, since the end of the war, experienced physical assaults, torture, kidnapping or any other forms of abuse at the hands of the military or police.

    Upon receipt of such evidence, I will raise these claims formally with the Sri Lankan Government.

    Sri Lanka is emerging from a tragic time in its history and it is vital that full reconciliation is achieved between the Tamils and the Sinhalese, which must include acknowledging and responding to longstanding and more recent grievances.

    * The photograph link sent to Tamil Guardian: http://webmail.livemail.co.uk/www.juliebishop.com.au does not appear to be active at present.

  • China refuses SL loan

    China has refused a loan request by Sri Lanka for $500 million, saying that it would only approve “project loans”, reported the DailyMirror.

    Sri Lanka had sought the loan in order to buy petrol products. An official with the Finance Ministry said that China was only prepared to grant project loans for which interest rates were relatively high.

    China is now Sri Lanka’s biggest lender, with a total of US$3.1 billion obtained in loans and export credit to Sri Lanka in 18 months, at interest rates varying from 2.9% to 8.25%.

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