July - September 2015

Issue No. 148 July - September 2015 WILL DEAL WITH PAST HONESTLY– MS AT UN President Sirisena addresses the 70th Session of the UN General Assembly Says SL will use a process of truth seeking, justice, reparation and non-recurrence President Maithripala Sirisena addressing the 70th Session of the United Nations General Assembly in New York yesterday, said that a fundamental requirement to achieve his government’s main vision -- sustainable development and reconciliation -- was to deal with the past honestly and build a modern nation: and that in dealing with the past, Sri Lanka would use a process of truth seeking, justice, reparation and non-recurrence. Human Rights Review : July - September Institute of Human Rights 2 INSIDE THIS ISSUE: Editorial 03 Challenges before the new regime Politics – The General Election The folly of our citizenry 06 Sobitha Thera supports UNFGG on conditions 07 Criminals and Politicos Priorities of new Govt. 08 Jayawewa Sri Lanka A national govt. for peace & unity 09 A lesson for communal elements 10 Dilemma of finding Qualified and Untainted candidates 11 Sobitha Thera blasts move to form jumbo Cabinet 12 The Ethnic Problem Saravanabawan To Attend Canada Event 13 Tamil Diaspora organizations look to TNA for lasting solution Sri Lanka in the International Scene 14 Domestic Vs International Probe: Battle Begins UNHRC Calls for a Hybrid Special Court Resolution adopted without a vote An extract from the Statement by Sri Lankan Civil Society members on 15 OHCHR reports on Sri Lanka Investigating corruption and HR violations The Terrorism of heroin 16 Check whether the candidate is on the drug mafia list 17 Wasim Thajudeen death not accidental: CID CaFFE urges repeal of PTA 18 No internal inquiry on Kotahena shooting: UNP Unit Reports 19 Staff Information 20 Edited by Layout designed by Cover Page Picture Leela Isaac Hashini Rajaratna --Daily Mirror- Human Rights Review : July - September 2 Institute of Human Rights EDITORIAL 3 Signs of discontent amidst hope When Maithripala Sirisena was elected as President in January this year majority of Sri Lankans rejoiced at his victory. The terrible era of authoritarianism, corruption, violence and fear of white vans, abductions and disappearances was over and the new President would usher in peace and good gov- ernance, was their expectation. In that process they also believed he would expose all corrupt deals of the past and mete out justice to those found guilty of having caused irreparable damage to the nation in every way. This was his main election pledge too. Had he been defeated, as he himself admitted later, he and his family may have permanently disappeared without a trace. He was courageous enough to take the bold step of breaking away from the corrupt government and coming forward as the ‗common candidate‘ of the people to challenge Mahinda Rajapaksa. He was taking this risk in order to liberate the country from the clutches of the Rajapaksa family regime, and the people gave him their full support. In August when the general election was held, people again voted for the UNP which was mainly responsible for promoting Maithripala Sirisena as the common candidate and bringing him to power. Though the UNP did not win sufficient numbers to form a strong government, the President was able to form a coalition or a sort of national government with members from both parties, the UNP and the SLFP. The first signs of disappointment came when corrupt men against whom there were serious allegations of drug trafficking, rape and murder, were given nominations and more shocking was that people voted for these corrupt men very enthusiastically, in large numbers. What happened next was most shocking. The few corrupt men, who had been rejected even by these voters, were brought into Parliament by the President himself, as ‗national list‘. MPs and offered ministerial posts, ending up with a cabinet of about 87 ministers of different sorts. (Cabinet, State, Deputy) How could this happen? The same President, who in his election campaign pledged to do away with corruption, brought these same men back into Parliament instead of filing charges against them? The people were disappointed and disturbed. One explanation given was that since the President had only a slim majority in Parliament, he needed the support of these corrupt but strong and popular men to get the necessary anti corruption legislation passed in parliament. But would theses men help in passing laws which could later be used to put them behind bars? Would they help to pave the way leading to their own doom? Or has the government entered into a deal with them? The people are puzzled. The other explanation is that it is a clever political strategy, used by the President, to keep these ‗corrupt‘ men within his control by offering them these ministerial posts as bribes. If he did not do that they would have joined Mhainda Rajapaksa in the opposition and created chaos in the country destroying the peace that we enjoy today. It could have led to clashes between the two groups ending in a blood bath. Again the same question arises. What was the deal? The other puzzling question is ―why are our voters attracted to thugs, drug traffickers and rap- ists? What makes them give their preferential votes to these men involved in thuggery and corruption even rejecting a person like Rosy Senanayake who has dedicated herself to serve the people?‖ It per- haps proves that they admire the ability and cleverness of these crooks to make money using any illegal means without getting caught. It is these corrupt, but strong, rich and popular men they go to seeking help in difficult situa- tions. They vote for them making no moral judgment. According to Field Marshal Sarath Fonseka, 190 MPs out of the 225 are dishonest men, abusing their powers and enjoying the perks and privileges. They are not there to serve the country. But the President continues to talk of yahapalanaya - enforc- ing collective cabinet responsibility, introducing a strict code of conduct for the MPs, eradicating corruption, punishing criminals, and introducing ethnic and religious harmony leading to peace and pros- perity. With the corrupt team that he has chosen is it possible to achieve this goal within his term of (Continue on page 04) Human Rights Review : July - September 3 Institute of Human Rights EDITORIAL 4 (Continued from Page 03) 5 years. Cynics say- It is old wine in new bottles and not all the bottles are new either, most of them are the same old bottles. There are also other reasons for even the staunch supporters of ‗Maithripalanaya‘ being critical of the government (e.g. Ven. Madoluwe Sobitha Thera). The Central Bank ‗Bond Scandal‘ seems to be swept under the carpet even after the President had asked the Prime minister to get the man whom he (Prime Minister) appointed to resign at least till all doubts are cleared. That did not happen. Is someone trying to protect Arjuna Mahendran and his son in law? The doubt lingers and TV discussions continue. People also feel that the Avant Garde issue is being soft pedaled. Is someone trying to protest some corrupt politicians of the previous regime? The Chief opposition whip Anura Kumara Dissanayake is one parliamentarian who keeps asking relevant but inconvenient questions which sometimes embar- rass the government. Thanks to him, today the government cannot ignore the Avant Garde issue. His question is ―why is the government avoiding the issue, now claiming that there was nothing illegal go- ing on aboard the Avant Garde ship? Here again one is bound to ask – who is protecting whom? Has the government come to a ‗deal‘ with the culprits? There are also questions and doubts regarding the murder of Thajudeen. In July this year the CID informed the Colombo additional magistrate that Rugby player Wasim Thajudeen‘s death was not accidental. His teeth and the bones in the pelvic region had been broken, and his neck pierced with a sharp knife. He was subjected to all this torture prior to his death. Now in September, it is reported that x-rays and parts of Thajudeen‘s body which were there at the first post. Mortem examination have gone missing from the deep freezer of the JMO‘s morgue, kept under his safe as custody. Is someone in the new regime trying to protect the suspect in this case, who happens to be the son of former President Rajapaksa? People have doubts yet all is not lost. We can walk, talk and write without fear thanks to the new regime. Under the previous regime there was always a kind of fear lurking in our minds and one had to be careful even of the police. People hardly went to the police station to make a complaint. All that has now changed and people are grateful for this great relief. There is also the government‘s positive response to the investigation report of the OHCHR (Office of the High Commissioner for Human Rights). Unlike during the previous regime, there are no aggressive street protests against the UN and international interference leading to our loss of sover- eignty, dramatic fasts unto death, or burning of effigies. The US sponsored resolution titled ―promoting re-conciliation, accountability and human rights in Sri Lanka‖ has been for the first time co-sponsored by the Sri Lankan government. The earlier three resolutions tabled before the Council since 2012 were rejected by the previous government. This resolution which was adopted on the 1st of October, without a vote was supported by more than 25 coun- tries. According to media reports the US ambassador to the UN had said ―This resolution was tabled with the aim to support Sri Lankas path to a lasting peace built on justice and accountability.

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