A Critical Appraisal of Sri Lanka's
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SASANASIRITISSA THERO and OTHERS V. P.A. DE SILVA, CHIEF INSPECTOR, C.I.D
356 Sri Lanka Law Reports (1989) 2 Sri LR SASANASIRITISSA THERO AND OTHERS v. P.A. DE SILVA, CHIEF INSPECTOR, C.I.D. AND OTHERS SUPREME COURT H.A.G DE SILVA, J „ BANDARANAYAKE,. J. AND KULATUNGA, J. S.C. APPLICATIONS 13/88, 14/88 and 15/88 MAY 17, 18, 19, 29 & 30, 1989 Fundamental Rights - Mala tide arrest and detention tor political reasons - Articles 12(1), 12(2), 13(1), 13(2) and 14(1) of the Constitution - Time-base At the Katana Mahapola celebration held at Harischandra Vidyalaya a bomb explosion took place to disrupt the procession and two hand grenades were thrown - one of which struck a student and rolled on to the ground without exploding a few yards from the Hon. Amarasiri, Minister of Trade and Hon. Wijayapala Mendis, Minister of Textile Industries (5th respondent) and the others exploded causing injuries to the 6th respondent (the 5th respondent's Public Relations Officer). The 1st petitioner is the patron of the SLFP and a prominent party worker opposed to the Government while the 2nd. and 3rd petitioners were his van driver and aide respectively. The 1st petitioner’s van driven by the 2nd petitioner had been about 75 yards away from the place where the bomb exploded. The van had come to the town to change tyres and neither the 2nd or 3rd' petitioner's had anything to do with the incident. The 1 st petitioner had gone, to the house of one Justin Silva and with him gone to the temple but came to know on the day of the incident itself (9.10.87) that his driver and aide • had been taken into custody. -
Discourses of Ethno-Nationalism and Religious Fundamentalism
DISCOURSES OF ETHNO-NATIONALISM AND RELIGIOUS FUNDAMENTALISM SRI LANKAN DISCOURSES OF ETHNO-NATIONALISM AND RELIGIOUS FUNDAMENTALISM By MYRA SIVALOGANATHAN, B.A. A Thesis Submitted to the School of Graduate Studies In Partial Fulfillment of the Requirements for the Degree Master of Arts McMaster University © Copyright by Myra Sivaloganathan, June 2017 M.A. Thesis – Myra Sivaloganathan; McMaster University – Religious Studies. McMaster University MASTER OF ARTS (2017) Hamilton, Ontario (Religious Studies) TITLE: Sri Lankan Discourses of Ethno-Nationalism and Religious Fundamentalism AUTHOR: Myra Sivaloganathan, B.A. (McGill University) SUPERVISOR: Dr. Mark Rowe NUMBER OF PAGES: v, 91 ii M.A. Thesis – Myra Sivaloganathan; McMaster University – Religious Studies. Abstract In this thesis, I argue that discourses of victimhood, victory, and xenophobia underpin both Sinhalese and Tamil nationalist and religious fundamentalist movements. Ethnic discourse has allowed citizens to affirm collective ideals in the face of disparate experiences, reclaim power and autonomy in contexts of fundamental instability, but has also deepened ethnic divides in the post-war era. In the first chapter, I argue that mutually exclusive narratives of victimhood lie at the root of ethnic solitudes, and provide barriers to mechanisms of transitional justice and memorialization. The second chapter includes an analysis of the politicization of mythic figures and events from the Rāmāyaṇa and Mahāvaṃsa in nationalist discourses of victory, supremacy, and legacy. Finally, in the third chapter, I explore the Liberation Tiger of Tamil Eelam’s (LTTE) rhetoric and symbolism, and contend that a xenophobic discourse of terrorism has been imposed and transferred from Tamil to Muslim minorities. Ultimately, these discourses prevent Sri Lankans from embracing a multi-ethnic and multi- religious nationality, and hinder efforts at transitional justice. -
Migration and Morality Amongst Sri Lankan Catholics
UNLIKELY COSMPOLITANS: MIGRATION AND MORALITY AMONGST SRI LANKAN CATHOLICS A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Bernardo Enrique Brown August, 2013 © 2013 Bernardo Enrique Brown ii UNLIKELY COSMOPOLITANS: MIGRATION AND MORALITY AMONGST SRI LANKAN CATHOLICS Bernardo Enrique Brown, Ph.D. Cornell University, 2013 Sri Lankan Catholic families that successfully migrated to Italy encountered multiple challenges upon their return. Although most of these families set off pursuing very specific material objectives through transnational migration, the difficulties generated by return migration forced them to devise new and creative arguments to justify their continued stay away from home. This ethnography traces the migratory trajectories of Catholic families from the area of Negombo and suggests that – due to particular religious, historic and geographic circumstances– the community was able to develop a cosmopolitan attitude towards the foreign that allowed many of its members to imagine themselves as ―better fit‖ for migration than other Sri Lankans. But this cosmopolitanism was not boundless, it was circumscribed by specific ethical values that were constitutive of the identity of this community. For all the cosmopolitan curiosity that inspired people to leave, there was a clear limit to what values and practices could be negotiated without incurring serious moral transgressions. My dissertation traces the way in which these iii transnational families took decisions, constantly navigating between the extremes of a flexible, rootless cosmopolitanism and a rigid definition of identity demarcated by local attachments. Through fieldwork conducted between January and December of 2010 in the predominantly Catholic region of Negombo, I examine the work that transnational migrants did to become moral beings in a time of globalization, individualism and intense consumerism. -
Predators 2021 8 7 6 5 4 3 2 1
1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 8 7 6 5 4 3 2 1 PREDATORS 2021 8 7 6 5 4 3 2 1 Azerbaijan 167/180* Eritrea 180/180* Isaias AFWERKI Ilham Aliyev Born 2 February 1946 Born 24 December 1961 > President of the Republic of Eritrea > President of the Republic of Azerbaijan since 19 May 1993 since 2003 > Predator since 18 September 2001, the day he suddenly eliminated > Predator since taking office, but especially since 2014 his political rivals, closed all privately-owned media and jailed outspoken PREDATORY METHOD: Subservient judicial system journalists Azerbaijan’s subservient judicial system convicts journalists on absurd, spurious PREDATORY METHOD: Paranoid totalitarianism charges that are sometimes very serious, while the security services never The least attempt to question or challenge the regime is regarded as a threat to rush to investigate physical attacks on journalists and sometimes protect their “national security.” There are no more privately-owned media, only state media assailants, even when they have committed appalling crimes. Under President with Stalinist editorial policies. Journalists are regarded as enemies. Some have Aliyev, news sites can be legally blocked if they pose a “danger to the state died in prison, others have been imprisoned for the past 20 years in the most or society.” Censorship was stepped up during the war with neighbouring appalling conditions, without access to their family or a lawyer. According to Armenia over Nagorno-Karabakh and the government routinely refuses to give the information RSF has been getting for the past two decades, journalists accreditation to foreign journalists. -
Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects Volume 2
Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects Edited by Asanga Welikala Volume 2 18 Failure of Quasi-Gaullist Presidentialism in Sri Lanka Suri Ratnapala Constitutional Choices Sri Lanka’s Constitution combines a presidential system selectively borrowed from the Gaullist Constitution of France with a system of proportional representation in Parliament. The scheme of proportional representation replaced the ‘first past the post’ elections of the independence constitution and of the first republican constitution of 1972. It is strongly favoured by minority parties and several minor parties that owe their very existence to proportional representation. The elective executive presidency, at least initially, enjoyed substantial minority support as the president is directly elected by a national electorate, making it hard for a candidate to win without minority support. (Sri Lanka’s ethnic minorities constitute about 25 per cent of the population.) However, there is a growing national consensus that the quasi-Gaullist experiment has failed. All major political parties have called for its replacement while in opposition although in government, they are invariably seduced to silence by the fruits of office. Assuming that there is political will and ability to change the system, what alternative model should the nation embrace? Constitutions of nations in the modern era tend fall into four categories. 1.! Various forms of authoritarian government. These include absolute monarchies (emirates and sultanates of the Islamic world), personal dictatorships, oligarchies, theocracies (Iran) and single party rule (remaining real or nominal communist states). 2.! Parliamentary government based on the Westminster system with a largely ceremonial constitutional monarch or president. Most Western European countries, India, Japan, Israel and many former British colonies have this model with local variations. -
Update UNHCR/CDR Background Paper on Sri Lanka
NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT HIGH COMMISSIONER POUR LES REFUGIES FOR REFUGEES BACKGROUND PAPER ON REFUGEES AND ASYLUM SEEKERS FROM Sri Lanka UNHCR CENTRE FOR DOCUMENTATION AND RESEARCH GENEVA, JUNE 2001 THIS INFORMATION PAPER WAS PREPARED IN THE COUNTRY RESEARCH AND ANALYSIS UNIT OF UNHCR’S CENTRE FOR DOCUMENTATION AND RESEARCH ON THE BASIS OF PUBLICLY AVAILABLE INFORMATION, ANALYSIS AND COMMENT, IN COLLABORATION WITH THE UNHCR STATISTICAL UNIT. ALL SOURCES ARE CITED. THIS PAPER IS NOT, AND DOES NOT, PURPORT TO BE, FULLY EXHAUSTIVE WITH REGARD TO CONDITIONS IN THE COUNTRY SURVEYED, OR CONCLUSIVE AS TO THE MERITS OF ANY PARTICULAR CLAIM TO REFUGEE STATUS OR ASYLUM. ISSN 1020-8410 Table of Contents LIST OF ACRONYMS.............................................................................................................................. 3 1 INTRODUCTION........................................................................................................................... 4 2 MAJOR POLITICAL DEVELOPMENTS IN SRI LANKA SINCE MARCH 1999................ 7 3 LEGAL CONTEXT...................................................................................................................... 17 3.1 International Legal Context ................................................................................................. 17 3.2 National Legal Context........................................................................................................ 19 4 REVIEW OF THE HUMAN RIGHTS SITUATION............................................................... -
October 19, 2020 the Honorable Michael R. Pompeo Secretary Of
October 19, 2020 The Honorable Michael R. Pompeo Secretary of State U.S. Department of State 2201 C Street, NW Washington, D.C. 20520 Re: Request to address deteriorating human rights situation during Oct. 27 visit with Sri Lanka’s President and Prime Minister Dear Secretary Pompeo: I am writing on behalf of Amnesty International and our 10 million members, supporters and activists worldwide. Founded in 1961, Amnesty International is a global human rights movement that was awarded the Nobel Peace Prize in 1977 for contributing to “securing the ground for freedom, for justice, and thereby also for peace in the world.” Amnesty’s researchers and campaigners work out of the International Secretariat, which over the last decade, has established regional offices around the world, bringing our staff closer to the ground. The South Asia Regional Office was established in 2017 in Colombo, Sri Lanka to lead Amnesty's human rights work on Afghanistan, Bangladesh, Bhutan, the Maldives, Nepal, Pakistan and Sri Lanka. Amnesty's South Asia Regional Office has carefully documented the deterioration of the human rights situation in Sri Lanka under the current government. Impunity persists for new and past human rights violations. We ask that during your upcoming visit to Sri Lanka, you call on President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa to reverse some of their recent actions which undermine human rights and take steps to address impunity. Under the current government, the space for dissent and criticism is rapidly shrinking, as demonstrated by a series of cases, including the harassment of New York Times journalist Dharisha Bastians, the arbitrary detention of blogger Ramzy Razeek and lawyer Hejaaz Hizbullah, and the ongoing criminal investigation against writer Shakthika Sathkumara. -
Vaccine Diplomacy in India’S Neighbourhood Sohini Bose Editor
145 SPECIAL . no The Dynamics of Vaccine Diplomacy in India’s Neighbourhood Sohini Bose Editor JUNE 2021 © 2021 Observer Research Foundation. All rights reserved. No part of this publication may be reproduced, copied, archived, retained or transmitted through print, speech or electronic media without prior written approval from ORF. Introduction n early 2021, India—driven by its ‘Neighbourhood First’ policy1 and in its understanding of its role as the ‘net security provider’ of the region—2 began providing This special report examines the dynamics of COVID-19 vaccines on a priority basis vaccine diplomacy in India’s neighbourhood. In Ito its immediate neighbours.a Between January five sections, the report explores the state of the and April, India either sold or granted a total of countries’ vaccine rollout, the gaps in supply that 19,542,000 vaccine doses to countries in the region,3 either China or Russia is bridging as India halted until it stopped further exports in late April when it vaccine supply, and the implications of such efforts became clear that the second wave of the pandemic on the bigger geostrategic picture across India’s was going to be far more severe than the first one near-neighbourhood. in 2020. Today, at the time of writing this report, a significant volume of vaccines purchased from In her essay on Bangladesh—often referred to India by some of these near-neighbours remains as India’s “closest alliance” in the neighbourhood,5 undelivered. Moreover, the promise of the Quad Sohini Bose highlights the diplomatic challenges countriesb “to expand and accelerate production it faces in balancing the strategic underpinnings [of vaccines] in India” for the Indo-Pacific4 remains of the vaccine assistance it receives. -
Tides of Violence: Mapping the Sri Lankan Conflict from 1983 to 2009 About the Public Interest Advocacy Centre
Tides of violence: mapping the Sri Lankan conflict from 1983 to 2009 About the Public Interest Advocacy Centre The Public Interest Advocacy Centre (PIAC) is an independent, non-profit legal centre based in Sydney. Established in 1982, PIAC tackles barriers to justice and fairness experienced by people who are vulnerable or facing disadvantage. We ensure basic rights are enjoyed across the community through legal assistance and strategic litigation, public policy development, communication and training. 2nd edition May 2019 Contact: Public Interest Advocacy Centre Level 5, 175 Liverpool St Sydney NSW 2000 Website: www.piac.asn.au Public Interest Advocacy Centre @PIACnews The Public Interest Advocacy Centre office is located on the land of the Gadigal of the Eora Nation. TIDES OF VIOLENCE: MAPPING THE SRI LANKAN CONFLICT FROM 1983 TO 2009 03 EXECUTIVE SUMMARY ....................................................................................................................... 09 Background to CMAP .............................................................................................................................................09 Report overview .......................................................................................................................................................09 Key violation patterns in each time period ......................................................................................................09 24 July 1983 – 28 July 1987 .................................................................................................................................10 -
Freedom of the World 2018 Sri Lanka
Sri Lanka Page 1 of 8 Published on Freedom House (https://freedomhouse.org) Home > Sri Lanka Sri Lanka Country: Sri Lanka Year: 2018 Freedom Status: Partly Free Political Rights: 3 Civil Liberties: 4 Aggregate Score: 55 Freedom Rating: 3.5 Overview: Sri Lanka has experienced improvements in political rights and civil liberties since the 2015 election of President Maithripala Sirisena, who reversed a number of repressive policies and has worked to repair government relations with the ethnic Tamil minority. However, the government has been slow to implement transitional justice mechanisms needed to address the aftermath of a 26-year civil war between government forces and Tamil rebels, which ended in 2009. Political Rights and Civil Liberties: POLITICAL RIGHTS: 24 / 40 A. ELECTORAL PROCESS: 8 / 16 A1. Was the current head of government or other chief national authority elected through free and fair elections? 3 / 4 The 1978 constitution vested strong executive powers in the president, but the approval in 2015 of the 19th Amendment curtailed those powers somewhat by reintroducing term limits—limiting the president to two five-year terms—and requiring the president to consult https://freedomhouse.org/print/50137 4/19/2018 Sri Lanka Page 2 of 8 the prime minister on ministerial appointments. In the 2015 presidential election, then president Mahinda Rajapaksa suffered a surprise defeat, with his opponent, Maithripala Sirisena, winning 51 percent of the vote; turnout was a record 82 percent. Monitors from the Commonwealth Observer Group noted government abuses of administrative resources, as well as preelection violence that mainly affected Sirisena supporters, but deemed the election generally credible. -
The Sri Lankan Experience with Covid-19: Strengthening Rule by Executive
Esta obra forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx Libro completo en: https://tinyurl.com/y5u4rx6w THE SRI LANKAN EXPERIENCE WITH COVID-19: STRENGTHENING RULE BY EXECUTIVE Kumaravadivel GURUPARAN* SUmmaRY: I. Introduction. II. Rule by ‘Taskforces’ and military. III. The illegality of the curfew, lack of a public discourse and the acculturalization of a no-rules emergency. IV. The dispensability of Parliament. V. Conclusion. I. INTRODUCTION Sri Lanka’s constitutional governance in the post-war context was already tak- ing an authoritarian turn when COVID 19 stuck in February 2020. The coun- try had just elected its war-time Defence Secretary, Gotabaya Rajapaksa, a former army soldier as its President in November 2019. President Rajapaksa came into power promising to repeal reforms enacted in 2015 that took away some powers from the disproportionately powerful Executive Presidency and to make the Presidency strong again. The Government that came into power in 2015 promised to abolish the Executive Presidency but settled for a re- formed Presidency unable and unwilling to muster support for a wholesome reform effort. President Rajapaksa has very conveniently instrumentalised the COVID19 pandemic to justify and further expand the powers of the Executive at the expense of the other two forms of Government. This short article will focus on three aspects of how COVID19 has impacted on matters relating to constitutional governance: Firstly, the impact of the military-run, non-statuto- ry, arguably extra-legal authorities on constitutional governance. Secondly, the extra-legal nature of the curfew imposed by the Government, the lack of pub- lic debate about its illegality and its impact on a public culture supportive of the rule of law and finally the side-lining of the Parliament and the re-emergence of the centrality of the Executive in constitutional discourse and practice. -
The Israeli-Sri Lankan Relationship
The Israeli-Sri Lankan Relationship by Punsara Amarasinghe BESA Center Perspectives Paper No. 1,962, March 12, 2021 EXECUTIVE SUMMARY: Following Indian premier Narendra Singh Modi’s historic visit to Israel in 2017, bilateral relations between India and Israel were elevated into a strategic partnership. But this was not Israel’s first successful diplomatic venture in South Asia. India’s tiny neighbor, Sri Lanka, had a strategic alliance with Israel long before India developed one. During the Cold War era, Sri Lanka was viewed as an Israeli success story in the region. Jewish relations with Sri Lanka have a long history that dates all the way back to the biblical epoch: the Sri Lankan city of Galle is said to be the city of Tarshish, to which King Solomon sent merchant ships. Beyond the biblical legacy, the Jewish presence in the island nation thrived under British rule, as many European Jews held prominent positions in the colonial administration. In the early stage of British rule, then Chief Justice of Sri Lanka Sir Alexander Johnston proposed the establishment of a Jewish settlement on the island, an idea that was not taken up by the colonial office in London. Both Israel and Sri Lanka became independent states in 1948. At Israel’s inception, it faced diplomatic hostility from the Arab world, and many post-colonial countries—including India—refused to recognize it as an independent state. But Sri Lanka’s first PM, D.S. Senanayake, initiated the island nation’s cooperation with Israel, despite the disapproval of many Asian and African states.