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  • Thought crime, torture and kingly fiat

    The detention, trial, imprisonment and subsequent pardon of the journalist Tissanayagam reveals that the rule of law no longer applies in Sri Lanka. Tissanayagam’s almost two and a half year ordeal by law sets out the extent to which the law in Sri Lanka has become an instrument of political and ethnic coercion rather than the guarantor of justice, rights and stability.

    After months of mounting international pressure, it appears that Tissanayagam will finally be pardoned by Presidential decree - an outcome that does little to restore faith in the system whilst revealing that Sri Lanka’s legalised capacity for violence and coercion can only be restrained by international intervention.

    The conditions of Tissanayagam’s detention as well as the charges that were laid against him violated all the fundamental principles that guarantee the law’s compliance with the principle of the rule of law. Despite all of this Sri Lanka’s legal system delivered a verdict of guilty and in accordance with its own distorted principles sentenced him to twenty years of imprisonment.

    Kept in detention for months without charge Tissanayagam and the other Tamil journalists were subject to abuse including the extraction of forced confessions. They were denied proper access to defence and police officers supervised the few meetings the defendants were allowed with their lawyers.

    Not only was Tissanayagam finally convicted and sentenced on the basis of a forced conviction, the charges of ‘inciting communal hatred’ were also a clear violation of universally applicable norms regarding the reasonable expression of political dissent.

    He was charged on the basis of articles and editorials that appeared in the English language North East Herald that reported on Sri Lanka’s military campaign from a Tamil perspective as a fundamental threat to Tamil lives, security and integrity of the Tamil polity.

    Although there was nothing in this that could reasonably be interpreted as inciting communal hatred, it was of course fundamentally at odds with the mainstream Sri Lankan media’s depiction of the war as an epic struggle against terrorism which would finally liberate the Sinhala motherland from the clutches of LTTE separatism.

    The legal system’s ability to convict Tissanayagam on the basis of a confession obtained under torture on charges that amount to accusations ‘thought crime’ reveal that Sri Lanka has fully departed from the principles of the rule of law.

    The Sri Lankan president’s reported decision to pardon him does not restore legality or a sense of fairness to the conduct of this case. A presidential pardon is not the same as a legal acquittal and Tissanayagam’s life and freedom has ultimately been decided by presidential whim rather than the normal operation of an impersonal but just set of legal mechanisms.

    The Presidential pardon echoes medieval forms of justice dispensed as royal patronage and is in keeping with Sinhala leaders’ proclivity for styling themselves as mythical Sinhala rulers.

    Rajapakse associates himself with the fabled Duttugemunu, his predecessor Chandrika chose to mark the Sinhala military’s capture of Jaffna in a ‘royal’ style ritual in which she received the Tamil city that was renamed in Sinhala as ‘Yappapatune’. Meanwhile Sri Lanka’s first executive president Jeyawardene penned a treatise entitled ‘Golden Chains’ in which he presented himself as the latest in a 2,000 year line of Sinhala chieftains.

    Not only does the pardon fail to exonerate Tissanayagam of the chilling charges of ‘thought crime’, it also fails to address the sinister provision of Sri Lanka’s anti terrorism legislation that leaves Tamils at the mercy of an ethnically biased legal system.

    In June 2009 a report by the Human Rights Institute of the International Bar Association found that Tamils were left ‘unprotected’ in Sri Lanka’s legal system as the legal aid system, funded by the UN, operated a policy of not providing assistance to cases involving terrorism legislation. This has left many Tamils incarcerated for years at a time without hope of legal redress.

    In October 2009 for example a Colombo based human rights group found a twenty nine year old Tamil youth in Welikada prison who had been detained for fifteen years, since the age of fourteen, under the terrorism legislation. He had not been charged or brought before a court and had been deprived of fifteen years of his youth for no apparent reason except that he was Tamil. There are possibly countless others in a similar situation.

    Tissanayagam’s freedom was finally assured by his international profile which led to sustained pressure on his behalf. Tellingly it was Sri Lanka’s external affairs minister, G. L Pieris, who announced the pardon to the gathered international media. The pardon is clearly an act of Sri Lanka’ international diplomacy, an act made possible by the complete absence of the rule of law as an operating principle in its legal system.

    Sri Lanka may hope that pardoning Tissanayagam will ease the international pressure, perhaps reversing the European Union’s suspension of preferential tariffs on the island’s key export, garments. However, the international community can no longer afford to be bought off with such superficial gestures.

    Royal pardons have no place in a state that must now grow up and become a stable, inclusive and constitutional democracy. Sri Lanka’s legal, administrative and constitutional systems require a radical overhaul. As the outcome of Tissanayagam’s legal ordeal demonstrates, the only way this can be achieved is through sustained and ongoing international intervention.

  • Tamils’ cause finds support amongst candidates from all three British parties
    Dozens of parliamentary candidates from all three major British parties responded this weekend to inquiries by the Tamil Guardian regarding their stance on the Tamil question in Sri Lanka. The responses from, or on behalf of, eighteen Labour, fifteen Liberal Democrat and twenty four Conservative candidates reflects increasing awareness of, and engagement with, Sri Lanka’s protracted and entrenched ethnic crisis in Britain’s political spaces, the paper’s researchers said.
     
    As Britain goes to the polls on Thursday, a key issue for many British Tamil voters is UK policy on Sri Lanka and the Tamil question there. In this regard, the Tamil Guardian contacted the offices of several candidates last week seeking their views.
     
    Several candidates from all three parties responded promptly with individual comments, which are reproduced below (some were edited for brevity). Campaigners from all parties also responded on behalf of other candidates. The British Tamil Conservatives (BTC) group issued a statement on behalf of the campaigns of several Conservative MPs and candidates they have been working with. Meanwhile, coinciding with Tamil Guardian’s inquiry, eight Labour MPs issued a joint statement to Tamil media. Both texts are also reproduced below.
     
    Several candidates were readily more forthright in their views than their respective party’s official stances, the Tamil Guardian’s research summary said. Many more were clearly engaged closely with the details of the Tamils’ hardships in Sri Lanka and with the foundations of the Tamil demand for self-determination.
     

    Constituency
    Party
    Candidate Name
    Response
    Bermondsey & Old Southwark
    Liberal Democrats
    Simon Hughes
    Simon Hughes is long time supporter of the Tamil struggle for self determination. He stood by the Tamils during the parliament square protests and was instrumental in organising meetings between the Tamil Diaspora representatives and international organisations at the height of war. Simon is also a member of the All Party Parliamentary Group for Tamils.
    Bermondsey & Old Southwark
    Labour
    Valerie Shawcross
    I am standing on Labour's record and manifesto. The Labour party strongly supports reconstruction and reconciliation in Sri Lanka. We believe that both the LTTE and the Government of Sri Lanka must be held to account for the loss of civilian life, and we will continue to urge the Sri Lankan Government to fulfil its commitment to a full and fair investigation into war crimes committed in the final months of civil war. Human rights and democracy are a central feature of our foreign policy for a simple reason - we believe that human rights are universal.
    Bexleyheath & Crayford
    Labour
    Howard Dawber
    I wholeheartedly endorse the statement that the Tamil people have a right to self-determination. I am very concerned about the human rights for Tamil people in Sri Lanka and want to see the international community much more active in finding a solution. More widely I am concerned about the democratic situation in Sri Lanka. The UK has been a true friend to the Sri Lankan people - both Sinhalese and Tamil - and as a true friend should be very clear with the Sri Lankan Government that their position is not acceptable. I hope that it is possible for both these communities to co-exist peacefully on the island of Sri Lanka and that a permanent solution can be found which meets the aspirations and needs of the Tamil people.
    Brent Central
    Labour
    Dawn Butler
    Joint Statement (see below)
    Brent Central
    Liberal Democrats
    Sarah Teather
    Sarah is a long standing supporter of the Tamils struggle and has voiced her support for Tamils rights on numerous occasions.
    Brent North
    Labour
    Barry Gardiner
    Joint Statement (see below)
    Brent North
    Liberal Democrats
    James Allie
    James has supported Tamils in the past and addressed the mass rally in October 2009.
    Bromley & Chislehurst
    Conservatives
    Bob Neill
    See BTC statement below
    Carshalton & Wallington
    Conservatives
    Ken Andrew
    See BTC statement below
    Carshalton & Wallington
    Liberal Democrats
    Tom Brake
    Tom is a strong supporter of the Tamils struggle and has worked closely with the British Tamil community in the past. He said: ‘I have been working closely with my Tamil community for a number of months... the human rights of the Tamil community are being grossly infringed and are under a sustained onslaught in Sri Lanka.’
    Chelsea & Fulham
    Labour
    Alexander Hilton
    Firstly we have to consider the outrageous behaviour of SL GOV in recent years. There was of course more hope at the time of the Norwegian peace deal. However there are also militant people on the Tamil side, who have acted as barriers to peace.
    Now that the militant Tamil warlords are either dead or captured, I think we have to look to Tamils as oppressed people, and protect them as we would protect other oppressed people in other parts of the world.
    Chingford & Woodford Green
    Labour
    Catherine Isabel Arakalian
    I wish to support Tamil people in seeking justice. The restoration of civil and political freedoms to minority groups and the upholding of human rights are Labour values. The principle of self-determination is an important one to defend, particularly in the face of overwhelming military might. I support non-violent peaceful resistance and, if elected, would support any initiatives by the British Tamil community which seek solution through negotiation.
    Chingford & Woodford Green
    Conservatives
    Iain Duncan Smith
    See BTC statement below
    Chipping Barnet
    Conservatives
    Theresa Villiers
    See BTC statement below
    Croydon Central
    Conservatives
    Gavin Barwell
    See BTC statement below
    Croydon East
    Independent
    Andrew Pelling
    If I am re-elected to Parliament that I will continue my work to represent the Tamil Diaspora in the UK and their valiant campaign for the human rights and fair treatment of Tamils in Sri Lanka.
    Croydon North
    Conservatives
    Jason Hadden
    I have been very much involved in this issue – we now have 2 Tamil candidates standing in North Croydon in the council elections and I have brought thus far 12 senior Conservative Party leaders to meet with the local Tamil community
    Croydon South
    Conservatives
    Richard Ottaway
    See BTC statement below
    Ealing North
    Liberal Democrats
    Chris Lucas
    Endorsed Lib Dem party statement on Sri Lanka
    Ealing North
    Labour
    Stephen Pound
    My support for and commitment to th Tamil people has been unswerving throughout my years as an MP and I am delighted to confirm that the Labour Party now has a manifesto commitment to an international tribunal on the war crimes committed in the north and east of Sri Lanka - this contrasts with the frequent visits made by the Conservative shadow Defence Minister to the current President of the GOSL. I believe passionately that as the UK is part of the problem in Sri Lanka it has to be a part of the solution and I will continue to work with the community and with individuals to obtain peace and security in this country and an independent state in the homeland.
    Ealing Southall
    Labour
    Virendra Sharma
    Joint Statement (see below)
    East Ham
    Conservatives
    Paul Shea
    See BTC statement below. Paul was one of the speakers at the launch event of Global Tamils Forum in February
    East Ham
    Labour
    Stephen Timms
    Joint Statement (see below)
    Eltham
    Conservatives
    David Gold

    I have been following events in Sri Lanka very closely and am deeply concerned by the tragic humanitarian situation in the northern part of the country. Tragically, civilians have been caught up in a situation of absolute terror resulting in suffering on a massive scale. I had the enormous privilege of addressing an event at Excel Centre to mark the Tamil Day of Remembrance and met many British Tamils who have lost loved ones or are separated from them because of the atrocities being inflicted in Sri Lanka. I reported on my conversations to William Hague, the Shadow Foreign Secretary for whom I used to work, and I know that he maintains a close eye on the events in Sri Lanka. It is clear there is a long way to go before a peaceful resolution can be found. Please be assured that I will continue to monitor the situation closely and do whatever I can to keep this issue alive here in the UK among key decision makers.

    Eltham
    Liberal Democrats
    Steven Toole
    Endorsed Lib Dem party statement on Sri Lanka
    Enfield North
    Labour
    Joan Ryan
    Joint Statement (see below)
    Enfield Southgate
    Conservatives
    David Burrowes
    See BTC statement below
    Harrow West
    Liberal Democrats
    Christopher Noyce
    I am in favour of establishing the state of Tamil Eelam as envisaged by the Vaddukoddai Resolution.
    Harrow West
    Labour
    Gareth Thomas
    I have a track record of supporting the Tamils’ legitimate political aspirations and will work with our international partners and Disapora organisations to achieve peace and stability for the Tamil people. Also Joint Statement (see below)
    Harrow West
    Conservatives
    Rachel Joyce
    I believe that since independence the acts perpetrated by the Government of Sri Lanka on the Tamils including the burning down of the Jaffna Library, the refusal to act on the Vaddukoddai resolution, disappearances of Tamil individuals, refusal to allow Tamil to be an official language of Sri Lanka, firing on the so-called "safe zone", the relocation of Tamils and moving in of Sinhalese into traditional Tamil areas, and the use of concentration-style camps for internally displaced Tamils should be classed as Genocide. I will work with the Tamils to get the acts perpetrated on the Tamils classed legally as a genocide so that the UN Convention can be used to address the problems. It has been my long-standing view that the only true path to peace in Sri Lanka is with a political settlement with the creation of Eelam being the only solution that has a strong chance of long-term success.
    Hayes and Harlington
    Labour
    John McDonnell
    I support the Tamil people in their search for justice and freedom. That is why I condemned the barbaric attacks on the Tamil people by the Sri Lankan army and why I called for an immediate ceasefire and the release of Tamils from the camps. I have also condemned the colonisation policies of the Sri Lankan government that are ousting Tamil families from their homes. I opposed the ban on the LTTE and now support the election of the trans national government. I firmly believe that the Tamil people should have the democratic right to determine their own future.
    Leicester East
    Labour
    Keith Vaz
    Joint Statement (see below)
    Hendon
    Labour
    Andrew Dismore
    Joint Statement (see below)
    Hendon
    Liberal Democrats
    Matthew Harris
    In Sri Lanka, there must be an investigation into allegations of human rights violations and war crimes. The government in Colombo will be judged by the international community on its political and judicial reforms and by the way it treats the media. The Sri Lankan government must reach out and recognise its past mistakes.
    Hornchurch & Upminster
    Conservatives
    Angela Watkinson
    See BTC statement below
    Ilford North
    Liberal Democrats
    Alex Berhau
    There has been a long history of support for self-determination by Liberals in this country. This is not being ignored in the Liberal Democrats. However, each oppressed people have a different story and the statistics that I have read show that the Tamil case is not one to be ignored either. Alex Berhanu hails from northern Ethiopia where he grew up. He experienced suffering there due to ethnic conflict and does not wish to see any other such cases. As a result he is very much a supporter of a peaceful end to the suffering and oppression of the Tamil people.
    Ilford North
    Conservatives
    Lee Scott
    As a officer of the All Party Parliamentary Group for Tamils I have defended Tamil rights for 5 years I will continue to do so,. I think Tamil community need control of the own destiny and for the Sri Lankan government to allow the rights of all Tamil community to be protected I will fight to achieve this. I thank the community for all the support they have given me.
    Ilford South
    Conservatives
    Toby Boutle
    See BTC statement below
    Islington South & Finsbury
    Conservatives
    Antonia Cox
    I am already aware that Tamil self governance is an extremely important issue and have made a note to investigate further when I have time after the election campaign.
    Kingston & Surbiton
    Liberal Democrats
    Edward Davey
    Edward is a strong supporter of the Tamils struggle and has worked closely with the British Tamil community in the past. He stood by the Tamils during the parliamentary protests and facilitated meetings with the UN and the Diaspora Tamil representatives last year.
    Lewisham East
    Liberal Democrats
    Peter Pattisson
    As the Liberal Democrat prospective MP in Lewisham East, I have fought long and hard to support the local Tamil community, and I will continue to do so. I helped monitor the recent referendum and I do support the Tamils right to self-determination.
    Mitcham & Morden
    Labour
    Siobhain McDonagh
    Joint Statement (see below)
    Old Bexley & Sidcup
    Conservatives
    James Brokenshire
    See BTC statement below
    Orpington
    Conservatives
    Jo Johnson
     I spent much time in Sri Lanka as a foreign correspondent and have seen at close hand the issues facing the Tamil community in their struggle for greater political autonomy.. I deplore the violent suppression of this movement and support a mediated settlement.
    Putney
    Labour
    Stuart King
    Ever since my time as a Labour councillor in Tooting, which is home to much of the Sri Lankan Tamil Diaspora in London, I have understood and sympathised with the Tamil desire for an independent homeland. I consider myself a friend of the Tamil people.
    Richmond Park
    Liberal Democrats
    Susan Kramer
    Susan is a strong supporter of the Tamils struggle and has worked closely with the British Tamil community in the past. She took a Tamil delegation to meet the EU External affairs high commissioner during the height of war.
    Richmond Park
    Conservatives
    Zac Goldsmith
    I have been following events in Sri Lanka and like you, I am deeply concerned by the humanitarian situation in the northern part of the country. During the fighting, the Conservatives called for a ceasefire on both sides to allow the civilians to leave the conflict area, to be monitored by international observers including the UN and the International Committee of the Red Cross. We are extremely concerned about conditions in the camps established by the Sri Lankan government for internally displaced people. We have repeatedly urged the Sri Lankan government to take all possible measures to prevent further suffering by allowing UN and relief organisations full and unrestricted access to provide shelter, food, water, and medicine, and to oversee the screening process.

    The Shadow Foreign Secretary, William Hague, raised these concerns with the Foreign Minister of Sri Lanka, Hon Rohitha Bogollagama, when he met with him earlier this month. William Hague has also asked for the UK government to consider the Conservatives’ proposal for an internationally managed development fund to channel relief aid to the north of the country. This is a mechanism which we hope the Tamil Diaspora from around the world could constructively support and which we believe would be seen as independent and impartial. Now that the worst of the conflict is over, it is vital that the Sri Lankan government takes immediate steps to promote national reconciliation so that renewed violence does not occur. The only way forward for long-term stability in Sri Lanka is a negotiated settlement that satisfies the concerns and legitimate aspirations of all Sri Lankans and preserves democracy. Although we cannot lay down the details from outside, Conservatives believe that strong international support is essential for a peace settlement in the country.


    We have called on the Sri Lankan government to engage all ethnic groups in a genuine political process. The general deterioration of the human rights situation in the country along with restrictions of the media must also be urgently addressed and William Hague has called for an UN Observer Mission to visit Sri Lanka as soon as possible.
    Romford
    Conservatives
    Andrew Rosindell
    See BTC statement below
    Ruislip, Northwood & Pinner
    Labour
    Anita McDonald
    I am very much in favour of Tamil self-governance, and have campaigned alongside Tamil representatives in my area and the surrounding Harrow area. If elected, I would represent them in this issue.
    Ruislip, Northwood & Pinner
    Conservatives
    Nick Hurd
    See BTC statement below
    Streatham
    Liberal Democrats
    Chris Nicholson
    Endorsed Lib Dem party statement on Sri Lanka
    Sutton & Cheam
    Liberal Democrats
    Paul Burstow
    Paul is a strong supporter of the Tamils struggle and has worked closely with the British Tamil community in the past. Early last year, Paul presented a petition to Parliament on behalf of the Tamil community in his constituency calling on the Government to do everything in its power to secure a ceasefire.
    Tooting
    Conservatives
    Mark Clarke
    See BTC statement below
    Tooting
    Labour
    Sadiq Khan
    Joint Statement (see below)
    Walthamstow
    Labour
    Stella Creasy
    Having worked closely with the Tamil community in Walthamstow for many years including helping oversee the Tamil community referendum on self determination I am proud our Labour Government has led international criticism of Sri Lanka.  In particular the work of our ministers to help secure the EU's agreement to end the system of GSP+ status represents a significant breakthrough in securing international agreement that the human rights of Tamils must be protected. I am also proud of the aid we have given to help those displaced from their homes in Sri Lanka. I pledge to continue to do what I can to support human rights and the provision of development aid for the Tamil community in Sri Lanka if I am elected as Walthamstow's next Labour MP.

    I also want to pay tribute to the work of many organisations including the Tamil Housing Association here and the excellent work they do supporting our local Tamil Community.
    Wimbledon
    Liberal Democrats
    Shas Sheehan
    Proper talks are necessary to uphold the rights of the Tamil and Muslim populations in Sri Lanka. The United Kingdom must push for the rights of minority groups and an end to all ethnic violence. After a 26 year war, charges of war crimes on both sides must be investigated, but it is critical that the UN, an independent international body, organise such an investigation, rather than the Sri Lankan government. Rest assured that my colleagues and I will continue to fight with you for justice and peace in Sri Lanka in this new post-war environment
    Wimbledon
    Conservatives
    Stephen Hammond
    See BTC statement below
    Harlow
    Conservatives
    Robert Halfon
    The Tamils have suffered a most terrible genocide. They have endured Internment camps and have had their basic human rights taken away. Like any other nation, they should be given the freedom and democracy they deserve. This includes measures of self determination and the rights to their own democratic government under the rule of law. Never again should law abiding and peaceful Tamils have their rights taken away.
    Edmonton
    Conservatives
    Andrew Charalambous
    It is my view that the last 60 years of post-independence history of the Island of Ceylon has proven that the legitimate political rights and the basic human rights of Tamils can only be asserted if they are granted the right to self determination. The ancient Tamil Nation possesses a treasure of cultural and spiritual traditions that deserve to be protected in the interest of the great heritage of the entire Humankind. Unfortunately, neither has this happened thus far under successive Sri Lankan regimes, neither do the Tamil People themselves expect a brighter future under the current political conditions. I strongly believe that, based on the human right to self determination, the Tamil people on the island should be rightfully given a chance to express their political aspiration democratically through a referendum. If they so desire, based on the international laws and conventions, the international community should listen to the will of the Tamil people- and their aspiration to re-establish their natural and historical homeland of Tamil Eelam.

    It is my pledge to the Tamil people in the UK, that if I am elected as an MP for Edmonton, I will initiate a private members’ bill in the British Parliament, to further the Tamil peoples’ rights to self determination in their traditional homeland, Tamil Eelam. I will demand the recognition of all the human rights of The Tamil People including the right to Self Determination.
    Moreover I will be calling for the immediate expulsion of the Sri Lankan state from the British Commonwealth, until such time as the United Nations demonstrate and the international community satisfied that the ongoing human rights violations have all but ceased.
     
     
     
    British Tamil Conservatives statement:
     
    “In the past two years several Conservative Party parliamentarians and candidates have been working closely with British Tamils in their constituencies in focusing their party leadership’s close attention to the persecution being endured by the Tamil people of Sri Lanka, as well as the Tamil people’s legitimate political aspirations for self-determination. The BTC has been asked to respond to the Tamil Guardian’s inquiry on their behalf, and would also like to take the opportunity to thank them for their strong support for our community.
     
    Joint statement by eight Labour MPs:
     
    The Cause:
     
    The Tamil people have been mistreated by the Sri Lankan Government. Thousands of civilians have been killed and thousands more displaced. The battles may be over but the fight for peace is still going on.
     
    The Sri Lankan Government will need to change its policy towards the Tamil people and recognise their legitimate political, economic and civil rights. This will require sustained international scrutiny to bring about the change the Tamil people deserve.
     
    Why Labour?
     
    Labour’s true values in internationalism, social justice and liberty are in common with the values of the Tamil people. This will be fundamental to helping the Tamil people achieve peace in Sri Lanka.
     
    We also achieved some results over time;
    -         GSP+ suspension and Abstaining IMF Loan Vote
    -         Rejection of Commonwealth Conference in Sri Lanka for 2011
    -         The Labour Party Manifesto commitment for a war crimes investigation
     
    Our Pledge:
     
    The road to Tamil freedom and justice is long but we pledge to work with you towards:
     
    -         An independent War Crimes investigation
    -         Working with All Tamil Organisations including BTF, GTF and TGTE to work towards
    -         Resettlement and rehabilitation of IDP’s
    -         Reconstruction of Tamil Home Land
    -         Supporting and facilitating their democratic endeavors for a political solution
     
     
  • Impossible Dream

    The outcome of Sri Lanka’s latest parliamentary elections, in which the ruling Sinhala party secured a near two-thirds majority, are held by some to make possible the constitutional changes that would attenuate and address the island’s acute ethnic divide. No such thing will happen. The central driver of Sri Lanka’s politics has, since independence, been Sinhala majoritarianism, a reality simply ignored by proponents of the arguments presented for such optimism (arguments which, in any case, ring utterly hollow given the politics and events of recent years). The point is strikingly underlined, moreover, by how 2010’s elections are a replay of 1956’s.

     

    That President Mahinda Rajapaksa’s Sri Lanka Freedom Party (SLFP) led coalition would convincingly win this month’s elections was never in doubt. The fait accompli was already reflected in the feeble campaign run by the main opposition United National Party (UNP). The focus on whether the UPFA gets a two-thirds majority in the 225 seat house turns on this being the threshold to change the constitution.

     

    What is ignored in this logic is, had they wanted to, the SLFP and the UNP could have at any point in the past six decades made some changes, no matter how trivial, to accommodate the basic Tamil grievances. They never have. Instead they have consistently sought to pursue Sinhala nationalist goals more stridently than the other, a dynamic that has been succinctly labeled ‘ethnic outbidding’. It is worth remembering that when then President Chandrika Kumaratunga invited Norway to facilitate peace talks with the Tamil Tigers, the UNP leader Ranil Wickremesinghe was amongst the first to denounce it in Parliament.

     

    The UPFA almost secured the two-thirds majority, and it did so on the basis it has defeated the LTTE and, therefore, seen off the Tamil demand on the state to share power. The UNP had nothing to say on the ethnic question, let alone power-sharing. These dynamics are identical to 1956. The then SLFP-led MEP coalition came to power on a single pledge: to replace English with Sinhala as the official language. Then too the UNP had no reply - it belatedly joined the anti-Tamil bandwagon, but most Sinhalese had rallied to the SLFP.

     

    Conversely, the Tamils voted overwhelmingly in 1956 for the Tamil-led Federal Party, which was insisting English be kept as the official language. (Out of 95 seats, the SLFP-led MEP took 51 seats, the FP 10 and the UNP just 8). In this month’s election the Tamil National Alliance (TNA) secured 14 seats. It did so, moreover, campaigning explicitly on a federal solution.

     

    The comparison between 1956 and 2010 is not some inane exercise in pattern matching. Rather, it is to argue that central dynamic in Sri Lanka’s ongoing crisis is majoritarianism facilitated by electoral democracy: the Sinhala vote is swayed primarily by anti-Tamil sentiment. (That the JVP lost several seats this month should be no surprise: its core platforms of Sinhala nationalism and anti-market economics have been more convincingly taken up by the UPFA and Rajapaksa.) Moreover, every attempt by Tamil leaders, ever since the fifties, to negotiate a solution with their Sinhala counterparts have come to naught in the face of Sinhala public pressure, often vented through the Sinhala opposition.

     

    These dynamics are recurrent and will not change from within. While the past few decades have been marked by processes of globalization, Sri Lanka’s greater integration with international spaces have not produced an enlightened liberal politics. Indeed both this and globalization itself have been strongly resisted, not only by the mass of Sinhala voters, but by the main Sinhala parties. Even the UNP, understood as a market-friendly, and thus liberal party, has followed a stridently Sinhala nationalist path when in government. President J. R. Jayawardene’s regime led other developing countries in liberalizing the economy, but was explicitly Sinhala nationalist. It also oversaw the July 1983 pogrom. Ironically its legacy was a cynical attempt to secure Indian support for the war against Tamil militancy: the 13th amendment. President R. Premedasa’s idea of governance speaks for itself.

     

    In short, any expectations that President Rajapakse’s regime is going to pursue a path of ‘reconciliation’ or even the slightest variant of power-sharing are wholly misguided. The core driver of Sri Lankan politics is Sinhala nationalism, a mass ideology that predates independence, and which has since been entrenched in the state. It is the central obstacle to the constitutional recognition of the Tamils, and other Tamil speaking peoples, as having a rightful place, equal to the Sinhalese, on the island. And until it is confronted and checked, a truly democratic and peaceful Sri Lanka integrated into a global liberal order will remain an impossible dream.

  • Rajapaksas and War Crimes

    There is little doubt the war crimes issue would have any impact on this parliamentary election. The April 8 election has nothing serious on its platforms. It’s all about athletes, film stars, cricketers, journalists and also lumpens, and more about these “wonderful” personalities.

    What is nevertheless important is how the Rajapaksas would avoid facing war crimes investigations. This leads to the question whether General Fonseka would play a role in complicating the situation. The issue of war crimes and crimes against humanity is up again with UN Secretary General (SG) Ban Ki-moon deciding to appoint a panel of experts to advise him on Sri Lanka.

    “I made clear to President Rajapaksa that I intend to move forward on a group of experts which will advise me on setting the broad parameters and standards on the way ahead on establishing accountability concerning Sri Lanka,” Ban Ki-moon told the media in New York. He qualified his reference on Sri Lanka by saying, “I had a frank and honest exchange of views with the President.”

    That accountability Ban Ki-moon talked of, concerns possible breaches of international humanitarian law or abuses of human rights carried out during the final phase of the war against the LTTE. The worst affected in this war were women and children. A sneaked camera by British Channel Four into the wired IDP camps in Vavuniya in August 2009 that then held over 250,000 displaced Tamil people, revealed the agony and humiliation young girls and women underwent with interrogating male security persons. Channel Four again topped that story with the now controversially famous video clip they aired which claims, stripped and unarmed youth were shot to death at close range. Certified as authentic footage by three international experts, the case against Sri Lanka on war crimes gained a new impetus.

    What Ban Ki-moon politely wraps up as “accountability” is all about those war crimes touted once more in international human rights circles and by the UN High Commissioner for Human Rights, Ms. Navenetham Pillai.  Yet the SG is considered as lacking “a moral voice and authority.”

    “Another example of weak handling from the Secretary-General’s side is the war in Sri Lanka. The Secretary-General was a powerless observer to civilians in their thousands losing their lives and being driven from their homes……..the Secretary-General’s moral voice and authority have been absent,” says a Norwegian diplomatic report in 2009 August, stamped “highly confidential” by the Norwegian Foreign Ministry, but “leaked” to a leading Norwegian news paper, the Aftenposten.

    Written by Norwegian deputy ambassador to the UN, a senior career diplomat Ms. Mona Juul, the highly confidential but damning report notes with a dry tone, “at a time when solutions by the UN and multilateral agencies are more necessary than ever to resolve global conflicts, Ban and the UN are conspicuous in their absence.”

    It was obvious therefore the Sri Lankan government and the President would reject the SG’s decision on Sri Lanka and its accountability. President Rajapaksa was reported as having told Ban Ki-moon that the SL position on the proposed advisory panel would be sent in writing. Now it is said, by no other than the SG himself that the proposed advisory panel will only be appointed after Under Secretary General of Political Affairs Lyn Pascoe makes an early visit to Colombo, a visit he was expected to make in February, but never did.

    The UN and its SG are an important factor in taking Sri Lanka to the International Criminal Court (ICC) as Sri Lanka is not a state party to the Rome Statute of the International Criminal Court. In fact, none of the SAARC member countries except Afghanistan have signed the Rome Statute that has 110 state parties. The ICC can only initiate proceedings against citizens of state parties that have signed the ‘Rome Statute.’ Therefore the Sri Lankan case has to be referred to the Hague based ICC by the UN Security Council.

    The Indian “People’s Union for Civil Liberties” (PUCL) argued this position in its in early May, 2009 addressed to all members of the Security Council (SC) requesting the SC to refer Sri Lanka to the ICC for war crimes and crimes against humanity.

    It is often said and the French diplomat at the UN, Gerard Araud had gone on record telling “Inner City Press” that the UN and the SG have been slow in taking up Sri Lankan issues due to pressure from member countries. First is India and then China.

    The Indo – China rope could be strong enough for President Rajapaksa to hold tight in the UN. But the issue of war crimes and crimes against humanity does not stop with UN and other international lobbying. The Rajapaksa regime has created its own “devil” at home by targeting their former Army Commander turned common opposition presidential candidate against Rajapaksa. The two have gone beyond any possibility of compromise with General Fonseka now detained and investigated upon, for breach of army law and possible indictment on other issues in a civil court.

    This egoistic conflict may not end the way the Rajapaksa regime would want it to end, if on April 8, a sizeable number of Colombo voters decide to elect Fonseka to parliament. While his image as a war hero and as a man with integrity had been badly chewed up with regular news reports to the contrary, he still has a sympathy vote that may elect him to parliament. That would not be something the Rajapaksas would be able to handle to their advantage with media campaigns.

    If elected, his bitter animosity frothing in continued detention, may prompt him to use parliamentary privileges to make statements against his former friends adding more fuel to international lobbying. His statements on war related crimes if made in parliament, would not be  retractable as those made to the media. What then would this government do as damage control?

    Accusations and counter accusations for sure would provide more ammo for international lobbying against Sri Lanka. But what purpose, what satisfaction would it be for all those innocent Tamil people, who lost all things dear to them in their hard earned life? To at least those 300,000 Tamil civilians who were herded into barbed wire camps, without basic facilities and with no privacy and safety? For how long would they have to wait for any justice to be meted out, as the world calls for war crimes investigations?

  • Engaging' Tamil diaspora to elude the cause

    Engaging sections of vested interests in the diaspora to elude righteous causes of struggling people, in order to achieve imperialist goals in war and peace, is a long time strategy of powers. International foundations, firms and other such outfits are created from time to time for this purpose.

     

    How such outfits envisage to blunt the cause of Eezham Tamils by locking vulnerable sections of the Tamil diaspora into a Sri Lankan diaspora identity, and how the outfits wish to achieve it behind the back of Tamil people and their media, is clearly revealed in a ‘confidential’ Assessment Report and Program Strategy of the Public International Law & Policy Group (PILPG), prepared in March 2009.

     

    Engaging the diaspora should take place confidentially and by neutralizing ‘spoilers,’ says PILPG, citing a failed initiative in Malaysia in 2008, exposed by TamilNet.

    ‘Surrender the armed struggle and opt for politics’ was the rhetoric of the powers that never wanted to recognize the national question in the island. But the powers that immensely contributed to crush the armed struggle in a ‘grand scale,’ didn’t want to see a political struggle of Tamils either.

    The international outfits of the powers, while facilitating and justifying the military onslaught through so-called peace initiatives, were simultaneously engaged in insinuating into the diaspora to blunt Tamil national politics also forever.

    Sections of ‘think tanks’ in the diaspora, long associated with the international outfits tell us that the powers and their international outfits have realised their mistakes and have changed after the war, and Tamils have to intelligently engage the change.

    Rather than democratically coming out with true voice of aspirations and straightforward political organization, Tamils have to play hopping games and springboard games, the ‘think tanks’ further advocate.

    The big question before the diaspora for any meaningful engagement now is that to what extent the international outfits have fundamentally changed in recognizing Eezham Tamils as a nation, not as a minority, and in addressing the Eezham Tamil diaspora as Eezham Tamil diaspora and not as Sri Lankan diaspora.

    Whether by firm and irrefutable political organization of their own the Tamil diaspora has to set a global example in attracting the international community for engagement, or whether as international slaves the diaspora has to receive guidance, coaching and money in the name of empowerment for engagement, forfeiting leadership to deviating outfits, is left to the diaspora to decide.

    Compromising righteous fundamentals would only lead to second and third Mu’l’livaaykkaals, now political and economic, is the lesson that past engagement with these outfits tells us.

    PILPG which is a global pro bono law firm, engaged in peace negotiations, post-conflict constitutions and war crimes prosecution, lists out its involvement with the diasporas of Darfur, Kosovo, Ethiopia, Armenia, Iraq, Burma and Liberia, besides Sri Lanka, in its confidential document, ‘Engaging Diaspora Communities in Peace Processes.’

    From its own experiences and from the experience of US and Danish institutions, the PILPG’s outlook for engaging the diaspora in a peace process was the following:

    1) Neutralize spoilers and build trust and cooperation among the diaspora; 2) infuse realistic ideas and recommendations into the peace process; 3) build capacity of the diaspora to effectively participate in the peace process; 4) build internal and external political support for the peace process; and 5) promote post-conflict political and economic development.

    "Short-term goals for a Sri Lanka diaspora engagement program could include productive debate and discussion, the development of a platform of issues of mutual interest, or the development of statements pertaining to issues ancillary to the peace process, such as economic investment and development initiatives or capacity and knowledge transfer from members of the diaspora to their home state," is also of the view of PILPG.

    "Fostering cooperation among the diaspora community may neutralize the diaspora’s role as a spoiler in the conflict by providing an avenue to engage in the peace process," the PILPG report says.

    The fundamental flaw of PILPG outlook is that it considers Tamils and Sinhalese as Sri Lankan diaspora.

    PILPG has also missed the ongoing academic debate that to what extent the forced Tamil migrants and the not-so-forced Sinhalese migrants could be equated by the use of the term diaspora.

    Even though PILPG tries to project that Sinhala and Tamil diaspora are not homogenous within them, it fails to understand that as far as the national question is concerned they are strongly homogenous in their respective positions and setting a platform for a two-nation negotiation only could justify the reality.

    PILPG in its report cites the example of “International Conference on the Sri Lankan Diaspora – The Way Forward,” organized by the Federation of Sri Lankan Associations in Malaysia (FOMSO) in Kuala Lumpur in August 2008 and implies that criticism from Tamil media and lack of confidence and confidentiality were reasons for the failure of the initiative that aspired Tamils and Sinhalese meeting under a common banner of ‘Sri Lankan’ diaspora.

    The following are excerpts from the PILPG report:

    “The FOMSO conference illustrated the political difficulties of organizing a conference of the Sri Lankan diaspora. TamilNation and TamilNet, two popular Tamil diaspora websites, published critical commentaries of the conference, arguing that the conference had failed to adequately include all interested parties in the Sri Lankan diaspora. TamilNation and TamilNet expressed concerns that the Sri Lankan diaspora was not prepared to recognize the Tamils and instead sought to assimilate the Tamils rather than recognize their interests in resolving the conflict. In addition, TamilNet suggested that through the conference the organizers sought to intimidate portions of the diaspora. The experiences of the FOMSO conference indicate the activeness of Tamil media organizations and the potential criticism any diaspora engagement program may publicly receive from the media.

    “One may need to have past experiences either working with the Sri Lankan community or living in Sri Lanka. These past experiences may dictate whether potentials facilitators’ are perceived as being bias and should be scrutinized carefully prior to the commencement of an engagement program.

    “For instance, the Tamil diaspora discredited the Federation of Sri Lankan Associations in Malaysia (FOMSO) diaspora program, alleging that FOMSO supported the Singhalese diaspora and was incapable of holding an impartial diaspora program.

    “Due to the length of the Sri Lanka conflict and the strong sentiments of all diaspora communities, the diaspora program may be effective only when participants believe that their ideas will be kept in confidence. […] The Tamil diaspora in particular is capable of quickly and effectively disseminating information about diaspora programming. Dissemination of the substance of the meetings in the program jeopardizes the legitimacy of the process and the sincerity of the participants.

    “An inability to maintain confidentiality in a diaspora engagement program also increases the likelihood that the program will be discredited and that the participants will disengage before the program is complete. A confidential program therefore empowers the diaspora to use the results of the program to encourage the advancement of the peace process through political pressure on the home state.”

    PILPG says that the Federation of Sri Lankan Associations in Malaysia (FOMSO) is an umbrella organization of twenty-five Sri Lankan organizations in Malaysia, including both Sinhalese and Tamil organizations, formed in 2003.

    In fact the very lesson PILPG has to learn comes from the formation of FOMSO.

    There was no Sri Lanka for the Tamils or the few Sinhalese who have gone to British Malaya and Singapore. The identity of all their parent organizations, which predominantly belong to Tamils and exist for the last 125 years, is either Jaffnese or Ceylonese.

    The veteran Malaysian-Chinese Professor of History, Dr. Khoo Khay Khim, who addressed one of the plenary sessions of the FOMSO conference made a particular note of this point and was wondering how ‘Sri Lanka’ came into the picture at that juncture!

    The question is who in 2003 wanted the ‘Sri Lankan’ tag and why. For whom the avenue was set gratifying a genocidal state and the identity it wishes to impose?

    If the 2008 FOMSO conference of ‘Sri Lankan diaspora’ tag has failed, it was a blessing in disguise for Eezham Tamils, enacted by the very participants for the edification of future solution-finders and peace initiators.

    The PILPG has taken the positive stand in formulating the concept of 'Earned Sovereignty' in the case of many other convenient global issues.

    But, neither the PILPG nor the other outfits convening Tamil diaspora groups for engagement or working with them in political initiatives to see that they don’t turn into ‘spoilers,’ have got the point that their approaches need fundamental changes appropriate for a national question. The Eezham Tamil question is simpler. It is not about earning sovereignty but only about retrieving sovereignty that was lost to colonialism and later illegally deprived of it by the Sinhala Buddhist state of Sri Lanka.

    However, what the Tamil circles notice with concern is that the outfits, instead of adopting the positive global position of the PILPG, have only taken the negative advice of it to engage willing sections of the diaspora behind the back of people.
  • International lawyers ‘alarmed’ at free speech hit list

    A global group for legal professionals, the International Bar Association’s Human Rights Institute (IBAHRI), joined the growing condemnation of the Sri Lankan Government’s intimidation and harassment of human rights advocates.

     

    Citing the leaked intelligence surveillance list, first brought to the world’s attention by Amnesty International, IBAHRI reiterated the significant concerns surrounding the safety of Mr Weliamuna, Director of Transparency International Sri Lanka and human rights lawyer, and Dr Pakiasothy Saravanamuttu, Executive Director of the Centre for Policy Alternatives (CPA). Both men, no stranger to state intimidation, have previously experienced death threats and physical attacks.

     

    We consider this current campaign against those who are perceived as being critical of the Government or its policies to be extremely serious’ said Alex Wilks, IBAHRI Programme Lawyer.Not only does it compromise the physical safety of those named on the list, it exacerbates the climate of fear within which civil society is currently operating.

     

    This is not the first time, the IBAHRI’s has been critical of the Government of Sri Lanka’s attitude to freedom of expression and rule of law.

     

    The May 2009 ‘Justice in Retreat’ report, drew attention to the regular intimidation of lawyers, academics and NGO workers was criticised along side the impunity with which such attacks are carried out. 

  • The refugees and resettled, Lanka’s nowhere people
    A scorching March heat is sweeping the Menik Farm camps for the internally displaced persons (IDPs).

    In Zone II, tattered UN tents helplessly flap against the strong breeze as red dust swirls up like a thousand tiny tornadoes. Inside the 16 feet by six feet tents where a dozen would stay, the heat takes your breath away; outside, the temperature and dust makes it difficult to breathe.

    UN and government officials admit that the shelf-life of the IDP tents is long over though they still shelter about 20,000 displaced Tamils in Zone II.

    But it’s unlikely that their tents would be replaced. From December, the government’s focus has shifted from displacement to “resettlement” of those released from the camps.

    “Distribution of ration has become irregular and hygiene kits are no longer available. Many of the (communal) toilets cannot be used anymore,’’ a public health inspector, said.

    “In Menik Farm (Vavuniya)… funding shortages will affect humanitarian operations starting the end of February. This includes, among others, complementary food distribution, water bowsering, toilet maintenance and healthcare provision,’’ an UN report recently said.

    The remaining IDPs are, however, putting their heads down and living their hard lives in the hope of getting released from the camps, soon.

    But how different is the life of a ‘resettled’ IDP?

    HT met few resettled families in Kilinochchi last week. They have been given Rs 5,000 (Sri Lankan) in cash and promised another Rs 20,000 and some basic provisions like tarpaulin sheets and cooking utensils. A weekly ration of rice, flour and sugar is given as well.

    The families of Kanikarasa and Kamaladevi were standing on the rubble of their former homes in Kilinochchi.

    “Our homes were destroyed in the fighting. We have to rebuild from scratch. But first, I have to look for a job,’’ a family head said.

    Nearby, S Silvadasan and his two neighbours of 22 years were tightening the poles of their three adjoining tents — where there homes once were. “There is nothing left. But we are happy to be out of the camps,’’ he said.

    On the stretch of the A9 highway between Vavuniya and Jaffna, hundreds of released IDP families have put up flimsy tents or taken shelter in broken houses. After months in camps, they now have the freedom of movement. But little else.

    In government statistics, these families have been resettled. In reality, it will take years for their uprooted lives to be anchored.

  • ‘Longstanding, systematic discrimination’ of Tamils says US report

    Sri Lanka violated human rights last year as it dealt a final blow to Tamil Tiger insurgents the US State Department said in its annual human rights report.

    "The government's respect for human rights declined as armed conflict reached its conclusion," the 2009 country report, released by the US Department of State on 11th March 2010 said.

     

    The report adds that young Tamil men accounted for an "overwhelming majority" of victims of human rights violations, including extrajudicial killings.

     

    The report highlights the concerns surrounding the estimated 11,700 LTTE combatants held by the government in detention centres near Vavuniya, especially with regards to the use of torture by the Sri Lankan army. including ‘beatings, often with cricket bats, iron bars, or rubber hoses filled with sand; electric shock; suspending individuals by the wrists or feet in contorted positions, abrading knees across rough cement; burning with metal objects and cigarettes; genital abuse; blows to the ears; asphyxiation with plastic bags containing chilli pepper mixed with gasoline; and near‑drowning’.

     

    The US Department of State’s report adds significant weight to the international calls for war crimes investigations. Examining what is described as the Sri Lankan government’s declining respect for human rights, all aspects of liberalism, including freedom of expression, press, religion and movement, are analysed, with extensive coverage of the latter stages of the conflict. Alleged human rights abuses by the LTTE are stated. 

     

    Acknowledging that extrajudicial killings were the carried out by those ‘working with the awareness and assistance of the government’, the report describes the disappearances and murders of activists, ‘armed attacks against civilians’ and the practice of torture, kidnapping and extortion. The disappearances, abductions, physical abuse and killings within the IDP population features highly, with sources said to include several international NGOs.

     

    The unequal treatment of Tamils by the Sri Lankan state through the ‘longstanding systematic discrimination in university education, government employment and in other matters controlled by the government’ is unequivocally stated.

     

    The requirement of all Tamils wishing to move within the country to obtain a special pass from the security forces is highlighted, with a poignant reminder of the law, which grants ‘freedom of movement and of choosing his residence’. The compulsory registration of any Tamil tenants by all landlords and reporting of their presence to the police is also mentioned.

     

    The unequal access to legal proceedings was specifically stated. The lack of availability of Tamil language hearings, court appointed interpreters and legal textbooks in Tamil was argued to restrict the ‘ability of Tamil-speaking defendants to receive a fair hearing’.

     

    The country’s rule of law was repeatedly brought under question with specific examples of crimes inadequately investigated such as high profile political assassinations and the killing of prominent journalists. The COI (Commission of Inquiry) set up in response to the growing criticism of Sri Lanka’s lack of justice and culture of impunity took a particular battering. The COI was slammed for its ineffectiveness, having investigated only seven of the seventeen cases it was asked to review, and for blaming the killing of 17 French NGO workers on the LTTE. An allegation, the report describes as ‘contrary to many independent analyses of available evidence that pointed toward involvement in the killings by police, Muslim Home Guard and Special Task Force members’.

     

    The annual country reports on human rights are compiled by the US department of state and sent to the Congress, in accordance with US legislation which dictates that US foreign policy and trade policy should consider a country’s human rights record. Information gathered is said to be assessed ‘objectively, thoroughly, and fairly.’

  • China provides more money to Sri Lanka

    CHINA has loaned US$290 million (S$405 million) to the Sri Lankan government to build an airport and expand the island's railway network, according to Sri Lanka's foreign ministry.

     

    The Export-Import Bank of China loaned $190 million to construct a second international airport in Sri Lanka's south and $100 million to develop the island's railways.

     

    The loan agreement was signed in Beijing last week and the two countries also discussed more funding for highways in the island's war-ravaged Jaffna peninsula, the foreign ministry said in a statement.

     

    Officials in India, Sri Lanka's neighbour and China's rival, fear Beijing is trying to undermine Delhi's influence in the region through its economic assistance.

     

    India, for its part, has just announced a credit of $70m to help upgrade Sri Lanka's southern railway line. The two countries are vying for contracts in Sri Lanka following the end of more than 20 years of civil war.

     

    However, analysts say India is playing a losing game.

     

    Sri Lanka successfully played off its larger neighbours against each other during the war to obtain military and monetary assistance needed to sustain the war. However since the end of the war, although Sri Lanka praises India as its closest ally, China has won all the key development projects in the island clearly indicating Sri Lanka has strategically aligned itself with China for political and economic support in the post war period.   

     

    The new airport will be near a vast sea port at Hambantota, which is largely being funded by the Chinese government's lending arm, the Export-Import Bank. Both projects have the same Chinese state-owned company as contractor, says the BBC's Charles Haviland in Colombo.


    Meanwhile, Sri Lanka received further funding assistance from China to build a flood protection system for parts of the capital Colombo, a government minister said.

     

    Colombo suburbs of Kotte, Dehiwela-Mount Lavinia, Maharagama, Kesbewa and Moratuwa will be protected from storm water flooding by the project, minister Gamini Lakshman Peiris said.

     

    The 6,800 million rupees (59 million US dollar) project will be financed with a loan from China Construction Bank.

     

    China, which is a key military and political ally of Sri Lanka, loaned the island $1.2 billion in 2009.

     

    The projects Beijing is financing in Sri Lanka include a host of road improvements in the formerly war-torn north, a huge theatre in the capital and coal power plants.

  • I am above the law, says Rajapakse

    Sri Lanka’s President Mahinda Rajapakse has claimed that constitutionally he is above the law.

    Rajapakse made the claim whilst addressing an election rally in Foreign Minister Rohitha Bogollagama’s constituency in Kotte, according to media reports from Colombo.

    Republic Constitution of 1978 brought by the then J. R. Jayawardene government places me above the Law. Accordingly judiciary cannot take action against me. The constitution empowers me to punish any soldier of the Sri Lanka Army who works against the country,” he stated, in obvious reference to the incarcerated former Army chief and Presidential Candidate Gen. Sarath Fonseka.

    “The Foreign Ministry and Foreign Minister Rohitha Bogollagama acted firmly and responded decisively during the final stage of the war against LTTE to avoid unnecessary foreign interference,” he added.

  • TNA drops demand for Tamil statehood

    Federal solution based on shared sovereignty and right to self-determination in a contiguous north and east of Sri Lanka was the highlight of the TNA manifesto released on Friday, March 12, leading to international media, including the BBC, Guardian and AFP, claiming the party has dropped its demand for statehood for Tamils.

     

    While irreversibly committing on federal solution, the manifesto is ambiguous on the nature of the sovereignty of Eelam Tamils and their right to self determination, said Tamil political circles in their immediate responses.

     

    The party manifesto also referred to "shared sovereignty among the peoples who inhabit this island". The term shared sovereignty is used to describe structures such as the European Union as well as federal structures with or without the right to secession.

     

    The manifesto refrains from asserting to Tamils exercising their right to self determination to decide the national question in an internationally monitored arrangement.

     

    Reinforcing the party's position of distancing itself from Tamil Eelam, last month TNA leader, Rajavarothayam Sampanthan, told the BBC he believed most Tamils in Sri Lanka no longer believed in violence or separation, but nevertheless wanted equality.

     

    Another TNA parliamentarian, Suresh Premachandran, told the BBC a federal solution was appropriate given the "changed global and regional situation".

     

    Premachandran said he was inviting the government to respond by solving Tamils' problems within a united Sri Lanka.

     

    "If the Sri Lankan state continues its present style of governance without due regard to the rights of the Tamil-speaking peoples, the TNA will launch a peaceful, non-violent campaign of civil disobedience on the Gandhian model," according to the TNA.

     

    The TNA also said it would lobby neighbouring India and the international community to ensure the island's Tamil community gets a greater say in the administration.

    The TNA, a coalition of Tamil parties, had 22 seats in the outgoing parliament, but the various elements have split in recent weeks.

  • Britain names Sri Lanka as a country of concern

    Sri Lanka is the only country added on the annual human rights report by Britain this year as a country of concern by the Foreign Affairs Committee, according to British Foreign Office. The Annual report on Human Rights 2009 presented on Wednesday March 17 to British Parliament says, ‘Since the last report, we have added one country of concern. We agreed with the Foreign Affairs Committee’s recommendation to include Sri Lanka. This reflects our concern about allegations of serious conflict violations, as well as the deteriorating status of the rule of law and freedom of expression.’

    The following are some excerpts of the HR report:

    ‘Human Rights Council Special Session on Sri Lanka

    The EU led efforts in May to call a special session of the HRC in response to the situation in Sri Lanka. We found support for the session from select members of other regional groups who shared our concerns. Together we worked hard on a draft resolution that could be presented to the wider HRC membership, even those with misgivings about the focus on Sri Lanka, as a constructive expression of HRC concern.

    In doing so we hoped for a consensus outcome. Sri Lanka, unfortunately, tabled a text with a different purpose, which was passed by majority vote. The UK could not agree with their assessment of the situation and voted against the resolution because it:

    • comitted to reaffirm that it is the primary responsibility of the state to ensure protection of the human rights of all persons under its jurisdiction;

    • failed to call on the government of Sri Lanka to start an inclusive political process, which would address the legitimate concerns of all of Sri Lanka’s communities; and

    • did not address the need to ensure the protection of human rights defenders, journalists and minorities or the right to freedom of expression.

    The session, nonetheless, presented an opportunity for many States, UN Special Procedures, and the High Commissioner for Human Rights to put on record the plight of civilians caught up in it. We continue to believe that the situation merited the attention of the UN’s primary human rights body and that it was right to call the session.’

    ‘Since the end of the conflict we have been calling, along with the EU, for an independent and credible process to address possible violations of IHL. The Sri Lankan government has made little progress.

    In October, President Rajapakse announced the formation of a committee to look into a US State Department report on possible violations. In late December, the President extended the deadline for the committee to report until the end of April 2010.’

    ‘Freedom of Expression

    Sri Lanka ranks 162 out of 175 countries in the Reporters without Borders Press Freedom Index 2009. The environment for free expression deteriorated in the early part of 2009 as the conflict intensified.’

    ‘A Tamil journalist, J S Tissainayagam, was sentenced to 20 years’ imprisonment on 31 August for charges related to his writing. In addition, Tamil language newspapers (such as Sudar Oli, Uthayan and Valampuri) continue to operate in extremely difficult conditions, with their staff regularly receiving anonymous threats.’

    ‘Disappearances and Abductions

    Reports of abductions and disappearances of civilians continued throughout 2009. In the vast majority of cases the reported victims are Tamil civilians.’

  • Pro-Opposition TV station attacked

    Dozens of unidentified men pelted stones at the headquarters of a private television station sympathetic to the opposition United National Party (UNP) in Sri Lanka's capital, causing damage to the building, police said.

    Officials at the MTV channel said they suspected the attack on Monday March 22 was politically motivated ahead of next month's parliamentary elections.

    "We have arrested 16 people who were involved in the stone-throwing incident," a police official outside the MTV premises in Colombo's Braybrooke Place told reporters.

    He said several staff members were wounded while windows in the building were broken. Several cars had their windshields shattered.

    Unidentified attackers torched the studios of MTV in January last year and the authorities are yet to bring the perpetrators to justice. The station is widely seen as pro-opposition, but the network insists it is independent.

    Justice Minister Milinda Moragoda rushed to the MTV office shortly after Monday's attack and promised to investigate.

    "Whoever has done this will be brought to justice," the minister told reporters.

    The latest attack came as Sri Lankan and foreign media rights groups accused the government of President Mahinda Rajapaksa of cracking down on dissent, a charge the government has denied.

  • Sri Lanka slams U.S. rights report

    Sri Lanka dismissed a U.S. State Department report accusing it of violating citizens' rights, saying the allegations were unsubstantiated and based on reports by unnamed sources.

     

    The State Department's annual human rights survey faulted both the Sri Lankan government and the Tamil Tigers in the island's 25-year-civil war which ended last year.

     

    "The document is a conflation of historical background, repetition of statements in earlier reports, unverified assertions of facts and broad generalizations," said a statement released on Monday, March 15, by the Sri Lanka's Ministry of Disaster Management and Human Rights.

     

    The ministry said the allegations were based on "reports that are mainly attributed to anonymous NGO's, international sources, human rights groups, observers and other unnamed sources."

     

    Wimal Weerawansa, the leader of the National Freedom Front, a member party of the ruling alliance told reporters that the U.S. Embassy in Sri Lanka had provided wrong and distorted facts to the State Department.

     

    "This was part of a sinister campaign to destabilize the country and pave the way for U.S. intervention here," Weerawansa said.

     

    He said the main opposition United National Party and the leftist party JVP or the People's Liberation Front would benefit from the U.S. strategy in the forthcoming parliamentary election.

     

    Referring to the annual Human Rights Report 2009 released by the U.S. State Department, Weerawansa said the United States had depicted Sri Lanka as a country run by the Rajapaksa brothers.

     

    He said earlier a section of the international community had portrayed Sri Lanka as a Sinhala majority country but now they referred to the island as the Rajapaksa brothers' country.

     

    Weerawansa said the United States had turned a blind eye to the atrocities of the rebel Liberation Tigers of Tamil Eelam before it was defeated by the government troops in May 2009.

    He alleged that defeated opposition presidential candidate Sarath Fonseka had been fully backed by the United States and other interested parties aimed at changing the government in Sri Lanka.

     

    A spokesperson from the U.S. Embassy in Colombo had denied Weerawansa's allegations, saying the embassy would reply the accusation later.

     

    Rights groups and Western governments are pressing for some kind of accountability for thousands of civilian deaths in the last months of the war against the Tamil Tigers.

     

    The government has denied charges of deliberately targeting civilians and other human rights breaches.

  • No foreign monitors for Sri Lanka elections

    Sri Lanka's Election Commission has turned down the demand for presence of foreign poll observers at the counting centres for the upcoming parliamentary polls.

    The demand was made by some opposition parties including United National Party (UNP) which said that such a presence would ensure accuracy in election results. The opposition request comes in the backdrop of allegations of malpractices in the vote count for Presidential elections.

    Election Commissioner Dayananda Dissanayake did not outright reject the proposal but said that the political parties should have made such a request on the nominations day.

    The main Opposition United National Party (UNP) has sent a written request to the Election Commissioner asking for the presence of foreign poll observers at the counting centres to ensure accuracy of election results.

    Meanwhile, Rohana Hettiarachi, Director of People's action for Free and Fair elections (PAFFREL), said the organisation has sent several letters and reminders to the EC regarding the appointment of observers at the forthcoming general elections without avail.

    "The Elections Commissioner did not even dwell on the subject, it was pointed out, the UNP website claimed.

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