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Issue No. 128 December 2010 - February 2011 Human Rights Review : December - February Institute of Human Rights 2 INSIDE THIS ISSUE: Editorial 3 Current issues : Media Under Attack ♦ Journalists kept out of Boosa detention camp 5 ♦ Lasantha, The Sunday Leader and the media ♦ LLRC criticised for preventing journalists coverage ♦ Human Rights and Patriotism—an alternative view 6 ♦ Failure to investigate caused by Police/ Political Nexus ♦ Lanka - enews fire, editor says arson 7 ♦ Protest for missing HR activist tomorrow ♦ Journo killings and abductions 8 Bribery & Corruption • Inexorable march of bribery & corruption 9 • Free rein for bribery & corruption • ‘Serious violation of democratic rights’ 10 Reconciliation & Situation in the North • Bring armed gangs under control—CTU 11 • Residents claim killings on the rise in Jaffna • No Solution in sight 12 • Govt. failed to safeguard Jaffna people—IUSF • Northern Violence and its National relevance 13 • Increasing violence with impunity in Jaffna War Crimes • Mahinda’s bad omens and mixed signals 14 Article • Celebrating war victory and banning commemoration of dead ……... 15 Unit Reports Legal Unit 17 Restoration & Protection Unit 18 Education Unit 19 Staff Information 20 Edited by Layout designed by Cover Page Leela Isaac Hashini Rajaratna Daily Mirror Human Rights Review : December - February 2 Institute of Human Rights 3 EDITORIAL PEACE AND RECONCILIATION eace in our country cannot last long without reconciliation. And there can be no reconciliation until the P people in the North and East and all those who were affected by the war come to terms with their losses, and pick up the threads with hopes of a better future. No matter how many highways and bridges are put up, no matter how many houses are built, until and unless the grievances of the war affected minorities are looked into, there will be no lasting peace. The grievances of these people are not limited to food, clothing and shelter only. The 30 year civil war was not fought merely to get these basic needs. First and foremost they need to be free of fear and humiliation. Even today, twenty one months after the war a man or woman can be harassed by the police on mere suspicion, if he or she happens to be a Tamil. For lasting peace Tamils and Muslims need to feel they have equal rights as citizens of this country irrespective of their ethnicity or religion. And this can be guaranteed only through a political solution. How close are we to such a solution? And does the government actually feel the need for a solution to the ethnic conflict. Many in the government deny the very existence of an ethnic problem and therefore to speak of a solution is considered irrelevant. In August 2010 Tamils in Wellawatte had to undergo the humiliating procedure of registering them- selves with the police. Although there was no special circular the police spokesman of the time said that under section 76 of the Police Ordinance the OIC of the Police Station is vested with power to register residents in his area for “their security and well being”. And obviously the OIC has the right to decide which ethnic group needs to be registered. In February 2011 TNA MP Mavai Senathiraja complains that the military was obtaining money and forcing the people of Jaffna to pose for family photographs and sign various forms in Sinhala. This causes great fear and panic among the people he said. Reports from the Jaffna Army Headquarters say that this is done due to security reasons and the District G.A. Mrs. Sukumar says she was not officially informed and the army is not bound to discuss this matter with her. However, Major General Medewala rejects all these charges. Such situations don’t help us to move towards reconciliation and peace. There was also the question of the National Anthem being sung in Tamil. It is interesting to trace the history of the National Anthem, for it shows how much the political scene has changed since independence. Namo, Namo Matha had been composed by Ananda Samarakone in 1940, and it had been first sung at Mahinda College, Galle where he was a teacher. In 1951 Sir Oliver Gunathillake is said to have submitted this song to the cabinet recommending its adoption as our national anthem. He had also attached a Tamil transla- tion by Mr. K. Kanagarathnam (Some say it was actually translated by Pandit M. Nallathamby) and an English translation by Dr. C. W. W. Kanangara. (The English version seems to have now disappeared). In March 1952 it was approved by the cabinet and adopted as our National Anthem. But even in 1949 and 1950 it had been sung as the National Song at Independence Celebrations, at Torrington Square, Galle Face Green and the Havelock Race Course. At these functions this National Song had been sung in Sinhala and Tamil. At that time there was no Wimal Weerawansa to point out the illegality of singing the national anthem in Tamil. Today times have changed. When the President of the country visited Jaffna during Thai Pongal, the Tamil school children had to be trained to sing the national anthem in Sinhala. (Sunday Times 16.01.2011) Worse than that is the assassination of M. Sivalingam, Deputy zonal Education Director, in Jaffna, by highly trained and well armed men who were able to break into his house in spite of the sixty thousand security forces personnel guarding Jaffna! (Continued on Page 04) Human Rights Review : December - February 3 Institute of Human Rights 4 EDITORIAL (Continued from Page 03) We can also rest assured that the assassins will never be found. The Education Director’s crime had been that he openly expressed his view that Tamil children should sing the National Anthem in Tamil and not Sinhala. Obviously the political will or need for reconciliation doesn’t seem to exist among the present rulers. Not everyone agrees that a political solution is a must, if there is to be lasting peace in Sri Lanka. Those who promote and defend Human Rights believe that Development is no substitute for ‘Devolution’. But there are other views. One such view is that Devolution or power sharing doesn’t mean anything to the war affected people. Once basic needs are provided and the North and East are developed, people will begin to enjoy their economic prosperity. There really is no ethnic problem and no need for a political solution. This perhaps is the view of the majority. Regarding war crimes too there are many views. Human Rights activists believe that if war crimes were committed they should be investigated and justice meted out. The traumatised victims of war who want to know what happened to their loved ones must know the truth, so that they can at least grieve in peace. It’s terrible for a mother or father not to know whether the missing son or daughter is dead or alive in a torture camp. But this again may not be the view of the majority. They seem to say “Let us forget about the war crime charges against the government and try to persuade the President to grant some kind of decentraliza- tion of power. Of course we were all appalled at the events during the last stages of the war, but focusing on accountability and prosecution will not be pragmatic, as the Rajapakses will not allow any investigations and they are likely to be in power for the next 24 years at least. Nothing can be achieved by confronting them. The minorities might as well gratefully accept whatever the Rajapaksas are willing to offer them. They must also accept the fact that they are only a small fraction of the total population and they cannot ever claim equal rights with the majority who form more than 75% of the population. Certainly not after Prabakaran. He and the LTTE have made sure that all Tamils now and for many more generations to come will be looked upon with suspicion as ‘Terrorists’”. This may be so but we must also remember that Truth must be faced before recon- ciliation. Wounds caused over the years must be cleaned and healed. If merely covered and plastered over, they could fester from within. Colombo, Nov 2: A mentally challenged man, who Prevailed jumped into the Indian Ocean to escape arrest, To bear witness drowned after being badly beaten up by Sri Lankan To a country whose police in the water in front of a large crowd, police War was just over said. (news item) To a people Now at peace. Wonder was horror-edged And pity was guilt-edged MADNESS The waters whirl and Flotsam on our conscience the foam is still froth-white As we watched the boy By Vivimarie VanderPoorten The sun glistens still Thrown into a senseless On the golden sand Sea swirling with violence But the boy we call mad And as shocking anger Is retreating into the ocean Beat him to death Still trying to hold off the blows And forced him to drown With batons and sticks We who had watched worse The last vestiges of his And said nothing Strength devoured Gazed in silence By hatred and waves And A mobile phone video-recorded And our humanity Footage of folly Strangles itself That moment On the shore. Of hideous history Human Rights Review : December - February 4 Institute of Human Rights 5 CURRENT ISSUES Journalists kept out of Boosa detention camp Lasantha, The Sunday Leader And The Media en local journalists and a BBC correspondent were re- T fused access to the Boosa detention camp yesterday We can all only hope that in 2011 when the Lessons Learnt and Reconciliation Commission the authorities will create the conditions for (LLRC) met detainees including former LTTE cadres.

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