July - September 2013

Issue No. 140 July - September 2013

Weliweriya victims join media organizations in protest

In a show of unified opposition against the increased crackdown on freedom of expression, a broad based opposition alliance took to the streets of Fort on 14/08/2013, to protest against the government.

Human Rights Review : July - September Institute of Human Rights 2 INSIDE THIS ISSUE:

Editorial 03

Current issues : No accountability - Killers roam free while victims cry for justice ♦ Criminal Politics: End this reign of terror 05 ♦ Noori villagers unravel 'reign of terror' 06 ♦ Police & political Horror & Terror ♦ In Deraniyagala – the terror was real 08 ♦ Governance, legitimacy and the ethics of violence 09 ♦ United in grief 10 ♦ Statue of Goddess Badhrakali destroyed ♦ Trinco 5 students murder suspects remanded 11 ♦ Committee reports, stupid 12 ♦ Khuram’s girlfriend was indeed raped ! 13 ♦ Grandpass Mosque attack: Govt. under pressure to nab culprits ♦ DCD found in four milk powder brands: Report 14 ♦ Withdrawn milk powder stored in warehouses 15

Media ♦ SAFMA and SAWM condemn attack on journalist 15

Situation in the North & East ♦ Fear of the South unfounded 16 ♦ Villagers of Bharathipuram have no deeds to lands ♦ Kadiragamar’s son bemoans acquisition of his ancestral property 17 The 13th Amendment & the Northern Provincial Council Election ♦ TNA candidates intimidated by Army 17 ♦ Choice between guns and butter 18 ♦ PCs won’t have police and land powers - MR 19

Black July ♦ Lessons from Black July for law and order and tolerance 19 ♦ The importance of remembering Black July 20

The UN High Commissioner for Human Rights visits Sri Lanka ♦ Civil society to meet Navi Pillay 21 ♦ From “Inconvenient truths” an article by Dilrukshi Handunnetti 22 ♦ Counter punch ! 23 Unit Reports : Rehabilitation Unit 26 Education Unit 27 Staff Information 28 Edited by Layout designed by Cover Page Pictures Leela Isaac Hashini Rajaratna Ceylon Today - 15/08/2013

Human Rights Review : July - September 2 Institute of Human Rights EDITORIAL 3 Are we heading towards authoritarianism?

Navi Pillay, UN High Commissioner for Human Rights, in her report has remarked, “I am deeply concerned that Sri Lanka despite the opportunity provided by the end of the war to construct a new vibrant all embracing state is showing signs of heading in an increasingly authoritarian direction” Dr. Pakiasothy Saravanamuthu’s response to this comment had been that we are not heading in that direction but we are already there and undoubtedly this IS an authoritarian State. But the president claims he is no dictator. “A dictator is a ruler who does not conduct polls, but this government has restored democracy and taken steps to hold elections in the North. Therefore no one can accuse this government of being a dictatorship.” True, there have been many elections under this regime but have they been free or fair? When the president and his family have full control over the state machinery, the parliament, the judiciary and the media, and when all checks and balances like the independent commissions have been removed, is it not obvious that elections are held only to hoodwink the people and the international community. Morgan Tsvangerai, Robert Mugabe’s rival has called the recent elections in Zimbabwe “a huge farce and a sham that does not reflect the will of the people”. This is an allegation backed by countries like Britain, America and Australia. The ‘manthra’ that Mugabe uses is “I freed you from white colonialists. Do you want to face colonial oppression again? We all hate the whites. The only white man you can trust is a dead one”. This ‘manthra’ still seems to work. Our president uses more or less the same ’manthra’ substituting Tamil Tiger Terrorists for white colonialists. Many Sinhala nationalists do say “The only Tamil you can trust is a dead one”. Robert Mugabe is 89 years old and has been re elected for a seventh consecutive term. He has suppressed all opposition and Morgan Tsvangerai seems to have given up the fight because he knows that Mugabe who has ruled the country since independence in 1980 for 33 years has no intentions of relinquishing power ever. He has a super majority in parliament which could change the constitution according to the whims and fancies of the president. And if he were to die now the authoritarian state machinery he has setup would go on. For sometime now, our president has been visiting countries that have authoritarian rulers. Before meeting the UN Human Rights High Commissioner Navi Pillay, he visited Alexander Lukashenko the despotic president of Belarus, perhaps to get his advice on how to deal with Navi Pillay. Belarus has been referred to as “one of the rare pariah states in continental Europe”. Alexander Lukashenko has been in power since 1994 and wants to go on forever. He is reported to have amended the constitution to enhance presidential powers and as his second term was coming to an end, amended it again to remove the mandatory two term limit of the presidency. Perhaps it is very similar to the 18th Amendment to our constitution which was passed by our servile and opportunistic ministers and parlia- mentarians without a protest, in their own self interest. It handed over all power to one individual, the executive president who shares it only with his family members. In a similar fate that befell General Sarath Fonseka after he dared to contest the presidential elections in 2010, in Belarus too the rival presidential candidates were arrested tortured and jailed. It is not different in Zimbabwe. Are we taking lessons from these countries or are these countries following us? And are these not symptoms of authoritarianism? Prof. Alemayeu Mariam, who teaches political science at California state university, refers to such states as, ‘Thugtatorships’, where a small group of powerful people steal the country’s wealth. For instance Robert Mugabe and his cronies have sucked Zimbabwe dry, having stolen all the resources that should rightly belong to the people, including diamonds worth billions. “If democracy is govt. of the people, by the people and for the people, a thugocracy (thugtatorship) is a government of thieves, for thieves, by thieves. Simply stated a thugtatorship is rule by a gang of robbers and thieves (thugs) in designer suits”. Is Sri Lanka too moving towards a thugtatorship? (Continue on page 04)

Human Rights Review : July - September 3 Institute of Human Rights EDITORIAL 4

(Continue from page 03) Many have commented on Navi Pillay’s visit to Sri Lanka and her reported remarks - many critical, some even descending to the level of abuse and insults. But there have been also articles praising her for her commitment and achievements. She has told the media that the most compelling memory that she would take back is “the warmth and hospitality of all Sri Lankans”. This in spite of the Wimal Weerawansas and Mervyn Silvas. But in her report she also adds, “Some media, ministers, blog- gers and various propagandists, in Sri Lanka have for several years now, on the basis of my Indian Tamil heritage described me as a tool of the LTTE. They have claimed I was in their pay the “Tamil Ti- gress in the UN”. This is not only wildly incorrect, it is deeply offensive. This type of abuse has reached an extraordinary crescendo during this past week, with at least three government ministers joining in”. Why do these nationalist propagandists call her a ‘Tigress’ biased in favour of the Tamil terrorists? It is due mainly to her Indian Tamil origin which the name Pillay reveals. This would have made Navi Pillay ponder over the abuse and insults the Tamils in the country must be facing due to their eth- nicity; and wonder whether the majority Sinhalese would ever trust the Tamils (of Indian origin or Sri Lankan) and share power with them. All Tamils seem to be considered terrorists at heart although the war is over. If they could call her, a South African and today the UN High Commissioner for Human Rights, who only came to Sri Lanka to do part of her work and that too on the government’s invitation, a Tamil Tigress, how would they tolerate or trust the actual relatives and friends of the dead LTTE, still living in the North and East? It is this fear and prejudice that makes the Sinhala politicians distrust the Tamil National Alliance. Therefore it is possible that the government will do everything within its power to defeat the TNA and bring the Northern Provincial council under its control. President’s defenders say, that the country’s popularly elected leader is being “transformed into a quasi–ceremonial President” and to the question “ who rules Sri Lanka?” the answer that is becoming clear is the “so called national security or the defence apparatus”. But the all powerful Defence Secretary, is the president’s brother and they work together in the interest of the family. Whether it is military bureaucratic authoritarianism, or simply familial authoritarianism makes no difference to the people. Others quote “Scientific determinism’ that rules our world and governs our lives” to make Navi Pillay’s report seem meaningless. “If Navi Pillay’s observations indicate violations of human rights in Sri Lanka during the period of the internecine conflict, she ought to reflect that in an ultimate sense, we are not responsible for the evil or good that we do”. Supporting this view is Schopenhauer's saying, “ A man can surely do what he wills to do, but he cannot determine what he wills”. The past the present and the future are all part of a “ Grand Design” (of Nature?) over which human beings have no control. Even Vysa’s epic the ‘Mahabharatha’ which includes the song of Khrishna, the Bagawatgita, could be quoted in support of this argument. In the battle that took place in Kurushetra, in the ‘Bharatha war’ between the Kauravas and the Pandavas, the children of two brothers, over power shar- ing in the kingdom they inherited, Arjuna shows great reluctance to open the battle. He looks at the two armies filled with brothers, uncles and nephews, ready to fight and kill one another and asks”, “For what? A piece of land?” I cannot do this. This cannot be “Dharma”. It is then that Krishna, the Vishnu Avatar in the epic, reveals himself and tells Arjuna, “He who says he kills and he who says he is killed are both wrong. I am both the killer and the killed”. It was all predetermined that Arjuna should destroy these forces of evil, in fact it was his bounden duty to do so. It was the ‘Karmic law’ at work. What the epic suggests is ‘divine determinism’ not ‘scientific determinism’ which does not distinguish between Dharma and Adharma, for Nature is amoral. If Sri Lanka adopts this attitude Navi Pillay’s report need not be taken seriously. There need not be an independent inquiry into war crimes, disappearances or human rights violations. It all happened according to a ‘Grand Design’ over which we have no control. No one is accountable or responsible!! And if we are moving towards authoritarianism are we expected to accept that too as part of the “Design” and not protest ?

Human Rights Review : July - September 4 Institute of Human Rights CURRENT ISSUES 5

s the crime rate in Sri Lanka soars to danger- Lanka would be in the next report. A ous levels with politicians being either directly According to evidence, the killing of the 71- involved or giving patronage and protection to year-old Nooriya tea estate Superintendent in criminal gangs as we saw in the recent horror sto- Deraniyagala is one of the most horrific in the wave ries in Deraniyagala. Using data from the Geneva of political killings – a “killing fields” culture that Declaration’s latest report, the London-based Ac- appears to have en- gulfed Sri Lankan soci- tion on Armed Violence has identified Sri Lanka as ety under rror the Rajapaksa re- the ninth most dangerous country in the world. The f te gime. Police and eye- ign o report says half a million people all over the is re witnesses say the retired world die violent deaths every d th superintendent Nihal Perera was brutally s: En year. El Salvador is litic chopped up in broad daylight because he had taken al Po the most dan-imin gerous action against widespread corruption and crime by country in the Cr world, followed by gangs known to be connected to a highly-placed Iraq. Sri Lanka is listed as the ninth most politician in the area. The superintendent had been dangerous country. These figures were based on assaulted by this local politico some two months statistics from 2004 to 2009 when the government ago but despite complaints the police had taken was embroiled in a bloody war with the ruthless little or no action. LTTE terrorists. After May 2009, Sri Lanka was no -Editorial longer a conflict zone but going by reports in the -Daily Mirror - 15/07/2013 media and unreported crimes we wonder where Sri Plantations protest numbering 20,000 averted by Defense Secy.

Says he will effectively stop future violence on estates breakdown of law and order on the Plantations. A planned protest by about 20,000 planters and Following the recent brutal killing of the support staff on July 12 against the recent killing of Superintendent Noorie estate, Deraniyagala, Nihal a senior planter had been averted because of per- Perera, who was hacked to death, the CPS had in- sonal intervention of Defence Secretary Gotabhaya formed the Defence Secretary that if the police had Rajapaksa, Ceylon Planters’ Society President taken timely action his death could have been Nisala Jayawardena revealed at a media conference avoided. yesterday. He had informed the CPS that measures -The Island - 25/07/2013 would be taken to ensure there would not be any The shame, the sham and the scandal of Deraniyagala

he reign of terror hit national and interna- those who dared to stand up against political thugs T tional headlines when these political killer and speak out for the rule of law. What happened gangs brutally slew the Noori Estate’s veteran Su- to the estate superintendent and hundreds of oth- perintendent Nihal Perera because he, though being ers in Noori Estate, Basnagala and surrounding vil- 71-years-old, had courageously spoken out and lages is a shame to the Rajapaksa regime and the acted against the political crimes. Mr. Perera was whole of Sri Lanka which has been blessed with a beaten up, his body slashed and his mouth cut with culture and civilisation based on the hallowed Bud- a pair of scissors before he was stripped and taken dha Dhamma for more than 2500 years. around the estate, apparently as a warning to -Editorial - Daily Mirror - 02/08/2013

Human Rights Review : July - September 5 Institute of Human Rights CURRENT ISSUES 6

Noori villagers unravel 'reign of terror' the Police did not even entertain complaints made against the he villagers of Noori, allegedly taken place in the area man they called, ‘Atha Kota’. T Deraniyagala, showing for over a decade. “They burnt my house in strong protest against the in- “Atha Kota was given 2008 and I went to each and cumbent Chief Minister of the political patronage by Maheepala every Police station in the area, Sabaragamuwa Province and Herath, and the Police continued I wrote to every authority re- senior Police top brass, alleged to turn a blind eye to the crimes garding what happened to me that Maheepala Herath together that were committed. These and in the end they came to with the Police had continuously people came and shot my par- shoot my son and his life was provided political patronage to ents and burnt my house down only saved because the Chief the atrocities allegedly commit- while I was pregnant three years Priest of the temple hid him,” U. ted by former Deraniyagala PS ago and no action was taken,” Padmakumara, a farmer of the Chairman Anil Champika Wi- Udeshika Sirikumara told the area alleged. He also com- jesinghe alias Atha Kota. gathering. plained that he had been ar- At a gathering of close Sources told Daily Mirror rested by the Police and re- to a thousand villagers, held for that Senior DIG Lalith Jayas- manded for nineteen days on the first time since the murder inghe was allegedly instrumental false charges after he com- of Estate Superintendent Nihal in providing cover to the suspect plained about the atrocities Perera, villagers showed strong involved in the murder and committed by the gang. “The protest and signed a petition other crimes including the rape Police worked hand in hand with urging the President, Mahinda of schoolgirls. these criminals and I was put in Rajapaksa and the Secretary of A series of speeches jail because I went and put a Defence, Gotabaya Rajapaksa to were made in the presence of complaint against them,” he take action against those re- the senior Police officials, with said. sponsible for the crimes that had villagers stating repeatedly that -Daily Mirror - 29/07/2013

his indeed is a horror story that needs to be Atha Kota also known as Anil Champika T heard first hand because it is beyond imagina- Wijesinghe, the former Chairman of the Deraniya- tion that terror to the extent that existed in Derani- gala Pradeshiya Sabha was recognised as a ‘leader’. yagala and specifically Noori was in fact a reality. His entire family were the main providers of That people suffered for over a decade due to the ‘Kasippu’ (moonshine) to the area. The rise in brutal atrocities of a gang with political profits earned through the sale of backing, atrocities that illicit liquor that increased concur- went to the extent of a gang political rently with power ‘Atha kota’ operating a “rape centre”, Police & graduated into political thug- rror and a torture chamber Horror & Te gery. with no regard to consequences, is a tad bit Accordingly he is said to ‘unreal’ in modern-day Sri Lanka. have become an ardent supporter of both the Chief Minister of the Sabaragamuwa Province The terror unleashed was however com- Maheepala Herath and current Deputy Minister of mon to all. The majority poor Tamils worked as Livestock and Community H.R. Mithrapala. slaves of the alleged criminals while the middle classes were forced to part with their belongings including houses they had built, as and when they (Continued on page 07) were ‘asked to’.

Human Rights Review : July - September 6 Institute of Human Rights CURRENT ISSUES 7

(Continued form page 06) I don’t know OIC Thissa Gunathilake never them; Maheepala even took our complaints - Udeshika Kumari When contacted Sa- baragamuwa Chief Minis- I resisted these criminals and they came to ter Maheepala Herath on my house and burnt it down. They burnt the serious allegations our shop down and to this day we have not madeagainst him by the been able to rise up from that. pubic in Basnagala, Dodawathta, Punchi

Dodawathta- Noori denied that he had any connection with former Deraniyagala One day they came to my house and shot at my parents, the Pradeshiya Sabha chairman Anil Cham- bullet holes are still there to be seen. We couldn’t do anything pika. “I don’t know these people,” he said. because the Police were working with them. I only ask God for justice and for these people never to return to this place Referring to the brutal murder of Estate again. Everybody knows that this man used Maheepala Superintendent Nihal Perera, the Chief Herath’s influence to continue with his crimes. All these crimi- Minister Herath said that when this inci- nals used his influence and continued with their terror. The dent took place he was out of the country Police just turned a blind eye for all these years, how would and he did not know anything about the they do that without political influence. OIC Thissa Gunathilake murder. He also refused to comment any never even took down our complaints. The Police did not do a further. single thing to stop this terror.

Three of my Children were killed by these murderers - Muniyandi Sevanamma

“Three of my Children were killed by these murderers. The first one was Ganesh, he was deaf. They took this boy as a slave and got him to work under Atha Kota. Then they murdered him sir. They didn’t need a reason to murder anyone, they just did it. We know these people and they murder for no reason. They covered up this murder also by saying that he died after a log had fallen on him, the Police also worked hand in glove with them and to this day I don’t even have a death certificate.

Thereafter they took my second son, Mannu. Mannu was very angry about the alleged murder of his brother at the hands of Athakota. One day Athakota had wanted Mannu to bring some kasippu (moonshine) and after he drank my son had asked him why he killed Ganesh. Athakota had got angry and his gangsters had brutally assaulted my son and then cut his hair and beard and killed him. They just dumped him on the road- side and went Sir. The Police came and they covered it up to look like he was knocked down by a bus.

After that my daughter and I lived here with her two daughters and husband. Somehow these murderers incited her husband by telling him that she has an illicit affair with somebody sir and she was also killed. She was first made to swallow pieces of glass and because she resisted they hit her with a rice pounder and killed her.

Now I only have my grandchildren and I’m only living for them. I have no money at all sir. . My next resort will be a bottle of poison” she said. By R.Fernando, Hafeel Farisz &Darshana Sanjeewa -Daily Mirror - 30/07/2013

Human Rights Review : July - September 7 Institute of Human Rights CURRENT ISSUES 8

In Deraniyagala – the terror was real this story should not escape anyone; Tamil victims would be naturally reticent about tha Kota, PC chairman, ‘warlord’ and mafia complaining to the police, and the police were part A boss of Nooriya, didn’t need such ambition, of the mafia in this case. Tamil estate workers here for what he had under total control was his own were thus no more than Atha Kota’s slaves. fiefdom where his word was law, with thousands of And all this went on for fifteen years under people (mostly Tamil estate workers) functioning the blessings of a national-level politician. It’s not merely as his slaves. the first such story I have heard, but the scale of The gory details of his brutal reign, includ- this operation is nauseating. ing illegal timber felling, appropriation of tea estate “It’s incredible that for 15 years no one in land, illicit liquor business and other rackets, have any official capacity -- a conscientious PS member, been written about profusely during the past few policeman, opposition politician or activist, monk, weeks, and there’s no need here for repetition. It’s grama sevaka, area correspondent, doctor -- terrifying to think of a populated region of Sri thought of informing the highest levels, even if only Lanka where the police were totally subservient to anonymously, of this reign of terror. Possibly, eve- a local mafia (hence, law courts next to useless), ryone had lost faith in the system and thought only where the laws were made by the ‘don’ (Atha of their own safety. If so, that silence speaks vol- Kota), with brutal punishment anyone who aroused umes for what Sri Lanka has become over the the mafia’s wrath (the man had one house func- years.” tioning as permanent torture chamber and another -Daily Mirror - 12/08/2013 used for gang rape). Surely, the racial elements of

What has become of us? thuggish politicians? Was it nation have become a selfish fear for life? group of men and women who he series of articles on Why did the media fail do not care for the value of any T Deraniyagala that ap- to uncover what was happening human being other than our- peared recently in the Daily Mir- in this part of the country all this selves. ror was a total shock. We were while? What a pity and what a wondering whether we live in Being silent to any crime tragedy! Sri Lanka or somewhere else. is an indirect support of it. It’s Why wasn’t single citizen in this pathetic that we as a nation are By Neville T. Fernando area brave enough to unravel getting into the habit of tuning a Bolawatte the devilry going on in this blind eye to the slightest injus- -Daily Mirror - 03/08/2013 separate ‘state’ of thugs and tice and discrimination. We as a

Army Blamed For Weliweriya Mayhem agitations over the price hike of kero- sene oil. ri Lanka Army has come under severe criti- Weliweriya town in the Gampaha District and its S cism for firing live bullets to disperse a crowd suburbs looked more like a mini battle field on that was staging a protest demanding drinking wa- Thursday afternoon when a contingent of army per- ter at Weliweriya on Thursday. sonnel fired live bullets at the villagers who had The army is further accused of not allowing gathered in their numbers to protest against a rub- the people to take the critically injured to the hos- ber glove factory in Rathupaswala that had alleg- pital after the shooting. edly discharged their untreated chemical waste to a The clash following the protest killed one large trench. person while injuring over 15 including media per- As a result, ground water in and around sonnel. The Weliweriya incident reminds us of the Gampaha were contaminated depriving more than Katunayake Free Trade Zone shooting incident that 10,000 families any access to clean drinking water. killed Roshen Chanaka and the Chilaw Fishermen (continued on page 09)

Human Rights Review : July - September 8 Institute of Human Rights CURRENT ISSUES 9 (Continued from page 08) The Villagers Attacked First – Army

Military Spokesman Brig. Ruwan Wanigasuriya, refut- ing allegations, said that it was the villagers that first attacked the army and police with clubs, sand bottles and pet- rol bombs but not the army or police. “We cannot allow the people to disrupt public life by closing down the Kandy Road. As per the Criminal Procedure Code Section 95, the police can request the army to help if they find it difficult to control any situation. So we got a request and we helped the police to calm the situation,” he added. By Nirmala Kannangara - Sunday Leader - 04/08/2013

Excerpts from the article Governance, legitimacy and the ethics of violence

By behaving in a lethally predatory fashion Matale in 1989-90? and maintaining a heavy troop presence in a Sin- The problem in Sri Lanka is not Mahinda hala township with Buffel armoured cars on street Rajapaksa or his Presidency. It is his extended corners, the authorities have lost the most vital of family, his clan, his tribe and the power and au- all real estate: moral-ethical high ground. If that thority they wield. It was the same with the Ban- ‘moral capital’ is not recovered by a sincere public daranaike administration of 1970-1977. The prob- apology by the highest decision makers, a trans- lem was not so much Prime Minister Sirima Banda- parently fair, independent and impartial inquiry ranaike but the Ratwatte-Bandaranaike family and a just outcome, it could be socially and in the tree; the ‘family bandyism’ of the Ratwatte Banda- last analysis, politically, fatal to the regime. ranaike clans. Mahinda Rajapaksa’s popularity is Furthermore, if there is a cover up about threatened not by Ranil Wickremesinghe but by Weliweriya, who in the whole world would believe excessive concentration of political and economic anything the Sri Lankan State says about the power in the hands of his kith and kin and their army’s conduct of the war in the North, even if it resultant public behaviour. were totally true? And if this is how things went in By Dr. Dayan Jayathilake Gampaha in 2013, what might have happened in -The Island - 05/08/2013

Weliweriya! People Speak Out houses while sleeping and tortured by the military in a similar manner. Dr Nimalka Fernando, Attorney and Member of The villagers peacefully demonstrating have the Democratic People’s Movement in Sri Lanka right to ask for drinking water, and had been mak- I’m just returning from a visit to Weliweriya, and ing representations to the authorities and religious met with the mothers of the two dead students. leaders for over a week. Listening to their stories and those of the commu- Action should be filed against the factory – it is an nity is shocking. ecological disaster in Sri Lanka, how a company I am not surprised that the Government has used dumped waste into the soil – the same soil Presi- the military in this manner, because we have al- dent Mahinda Rajapaksa kissed to celebrate the ready seen similar issues. I see some commenta- defeat of LTTE terrorism. tors expressing shock and dismay – but this is how Instead of providing a solution, the military was they treat peaceful assembly. Roshen Chanaka was deployed to attack the citizens of this country. killed, fishermen were killed, and the Grease Yaka -By Raisa Wickrematunga incidents where people were dragged out of their - Sunday Leader - 11/08/2013

Human Rights Review : July - September 9 Institute of Human Rights CURRENT ISSUES 10 United in grief tional investigations. impartially investigate these Throughout the post-war crimes. Our call is on account of ‘I object to violence be- period, my party and I have the immense suffering and injus- cause when it appears to do called for the disengagement of tice endured by the victims we good, the good is only tempo- the military and a return to civil- represent. It is also on account rary; the evil it does is perma- ian administration. I have re- of the fact that the lack of ac- nent.’ peatedly criticized the monthly countability breeds impunity. The people are not fools. Presidential Proclamation that The cost of impunity—though They realize that militarization calls out the Armed Forces to disproportionately borne by the and impunity must come to an maintain law and order. Immedi- Tamil people—is a cost all peo- end. Voices in the South are al- ately following the end of the ples of this country will have to ready speaking of the ills of mili- war, we called for accountability bear. Last week, the families of tarization. They are also speak- for international crimes commit- Weliweriya paid a cost they ing of credible and independent ted by the Armed Forces and the should never have had to pay. investigations into the Weli- LTTE. We called for an interna- weriya incident. Some even have tional investigation because the By M. A.Sumanthiran the audacity to call for interna- government was unwilling to -Ceylon Today - 11/08/2013

Statue of Goddess Badhrakali destroyed

It is reported that the statue of Goddess Sri Buddhist monks of the Sasanarakshaka Bala Man- Badhrakali has been destroyed by dashing it on a dalaya in Dambulla, to remove the statue from sa- flat stone used for washing clothes, consequent to cred area and place it in a temporary hut at the it being removed from the kovil at the Dambulla Yuanwatte Viharaya on 15 September, in view of sacred area. the development work being carried out in the It was also revealed the statue was de- area. stroyed in the vicinity of the 'lime well' located near A devotee, K. Letchumi, said it is an out- the kovil. right insult to Goddess Badhrakali, and Hindu devo- When devotees visited the kovil to venerate tees are deeply hurt by the act of destruction on the Goddess yesterday (3), they had found that the the venerated statue. statue was missing. After conducting a search in When Ven. Inamaluwe Sri Sumangala Maha the premises, they had found it in pieces near the Nayake of the Rangiri Dambulu Viharaya was con- 'lime well.' tacted in this regard, he said it was an act of gross "The statue was damaged. One can see sabotage. the statue had been dashed on a rock," a devotee "I am surprised that such an act of venge- said. Eye witnesses said some devotees had wailed ance had been committed. The Gods will punish and cursed the people who had done something as whoever is responsible for destroying the statue of mean as dashing the statue on a stone, and facing Goddess Badhrakali," Ven. Sri Sumangala said. the direction of the Dambulla rock, had appealed to By Tilak Wijesooriya & God Sri Vishnu to punish those responsible. Dhammika Namal Korala An arrangement had been made by the -Ceylon Today - 04/09/2013

-The Island - 03/08/2013

Human Rights Review : July - September 10 Institute of Human Rights CURRENT ISSUES 11

Trinco 5 students murder suspects remanded Speaking just before the Uni- versal Periodic Review (UPR) The Trincomalee Magistrate has remanded report on Sri Lanka was adopted, the father of one 12 police Special Task Force (STF) personal over of the students killed in Trincomalee, broke down in their alleged involvement in the murder of 5 stu- tears and demanded justice for his son’s murder. dents in Trincomalee in 2006, the police media unit Dr Kasippillai Manoharan, the father of said today. Ragihar, apologized to the Council as he struggled The incident referred to as the Trincomalee to speak while making his speech. massacre, occurred when the five Tamil high school Minister Mahinda Samarasinghe then re- students playing by the beach were briefly detained sponded by saying that the government is investi- and then shot dead. gating the incident and needs time and space to do The incident drew a huge outcry among so. human rights groups calling on the government to He said that having concluded the work on bring to justice those killed in the incident. the five students from Trincomalee, the Attorney- The killing of the five students was also General had directed the Police to commence Non- mention by non-governmental organisations at the Summary Judicial proceedings. UN Human Rights Council (UNHRC) in March this year. www.srilankabrief.org – 05/07/2013

Killing of 17 aid workers Still waiting for justice Mahinda Rajapaksa, in apparent response to increasing international pressure, took long overdue he Sri Lankan Government has made no real steps by directing State lawyers and investigators T progress in holding accountable those re- to review the case, and prepare a comprehensive sponsible for the execution style slaying of 17 aid list of witnesses. This was one of several recent workers seven years ago, despite renewed interna- moves by the government to adopt previously dis- tional calls for action. regarded recommendations of its Lessons Learnt On 4 August 2006, gunmen executed 17 Sri and Reconciliation Commission (LLRC) in 2011, cre- Lankan aid workers – 16 ethnic Tamils, four of ated following the defeat of the LTTE in May 2009. them women, and a Muslim – with the Paris-based international humanitarian agency Action Contre La Faim (Action Against Hunger, ACF) in their office compound in the town of Mutur in the Eastern Trin- comalee District. The killings occurred after a several-day battle between government forces and the separatist Liberation Tigers of Tamil Eelam (LTTE) for control of the town. The ACF team had been providing assistance to survivors of the December 2004 Indian Ocean tsunami. "The Rajapaksa Government is good at throwing bones to the international community, but not at taking serious measures to find and punish those responsible for serious abuses," Legal and By Human Rights Watch Policy Director at Human Rights Watch, James -Ceylon Today - 02/08/2013 Ross, said, adding, "If the families of 17 aid workers can't get justice for their loss, it's hard to be hopeful for anyone else." In July 2013, the Government of President

Human Rights Review : July - September 11 Institute of Human Rights CURRENT ISSUES 12 Committee reports, stupid ! Not many people take committees, presidential or otherwise, seriously, so much so that even the Par- presidential committee probe into the alle- liamentary Select Committees have lost their credi- A gation that several dozens of fishermen per- bility. A wag suggests that the reports issued by ished at sea lastmonth because they had not been such committees be printed on toilet paper, for warned of a storm has exonerated Disaster Man- they are full of you know what. agement Minister Mahinda Amaraweera from re- Cabinet ministers are infallible and, there- sponsibility for the tragedy. fore, never at fault. They are super humans capa- Nobody expected the minister to be held ble of unthinkable feats. So, conducting inquiries accountable. He was so confident of being exoner- into their alleged lapses is an exercise in futility. ated that he offered to resign if found guilty. If the Instead, the government ought to develop the Me- committee had pinned the blame on him, its report teorological Department which is crying out for re- would never have seen the light of day! sources, both human and physical, besides equip- The UNP says the government, having ping the fisherfolk with modern technology to keep cleared Minister Amaraweera, will now try to pass track of weather conditions on their own. Else, the blame on to the dead fishers themselves, many more lives are bound to be lost when the claiming that they had set sail out of their own voli- next storm blows this way. tion in spite of bad weather. -Editorial -The Island - 17/07/2013

CID ignores Court order cal experts.However, the testing is required on all 160 CID is unable to carry out skeletal remains and shards that Former Matale Magistrate, the Court order due to the lack were found at the site. Chaturika de Silva, during her of funds, sources added. The “After DNA testing is last sitting on the case, had or- CID has also failed to comply completed, the specimens will dered the CID to seek the assis- with the Court order to advertise be ready for comparing samples tance of Interpol to send the in the media, calling on the pub- from family members of miss- skeletal specimens overseas for lic to come forward and claim ing relatives. radio carbon testing to confirm their kith and kin who had gone the period during which they missing during that era. By Chrishanthi Christopher may have died, as stated by lo- Dr. Jayasena that DNA -Ceylon Today - 22/07/2013

Burying the mass grave hammered in before death and one leg bone was tied with a carefully knotted metal wire. On 24 November last year, workers digging a "There are several skulls that remain de- trench in the compound of Matale Hospital, central void of their skeletons," a sign of decapitation, Sri Lanka, made a gruesome discovery. Using a reads one of the forensic reports. Evidence also backhoe machine ahead of plans to build founda- points to the use of firearms and blunt instruments tions for a new biogas unit behind a kitchen, work- before death. ers began to unearth what appeared to be human With the next Court hearing in Matale set for 19 remains. August, investigations continue to focus on three Forensic excavation over the next three key unknowns: Who are the victims, and how and months confirmed at least 154 human skeletons, when did they die? the largest mass grave discovered in Sri Lanka, The discovery of artefacts buried with the where more than three decades of civil war ended bodies dates the grave between 1986 and 1990, with the defeat of the rebel Tamil Tigers in 2009. with further tests still needed for a more accurate Preliminary forensic reports submitted to Matale timeframe, according to forensic reports. So far, no Court earlier this year, paint a picture of torture bodies have been identified. and killing. Some bones showed evidence of nails By Steve Finch -Ceylon Today - 03/08/2013

Human Rights Review : July - September 12 Institute of Human Rights CURRENT ISSUES 13

Khuram’s girlfriend was indeed raped ! intending to give evidence soon, so she will not be speaking Member of British Parliament for “How can he lie? No, it’s not true about this publicly until then.” Rochdale, Simon Danczuk, told at all. When I visited in March Ceylon Today, the girlfriend of the head of police conducting Earlier, Deputy British High Tangalle murder victim, Khuram the investigation showed us all Commissioner to Sri Lanka, Rob- Shaikh, Victoria Aleksandrova the medical reports that clearly bie Bulloch, told BBC, “what we Trachea, was indeed raped and showed she has been raped,” have been told about the murder harassed and that Minister the UK MP, who represents the is that they have been waiting Dinesh gunawardena’s claim in constituency for the murder vic- for DNA evidence and that has Parliament on Thursday that she tim, stated. been holding it up.” was not raped or subjected to harassment, is a total lie. He went on to say, “Victoria is - Ceylon Today - 13/07/2013

British MP to raise matter with President “I’m going to confront the Sri Lankan President on whether he thinks this British MP Simon Danczuk has said he would con- behaviour is becoming of a Commonwealth na- front the Sri Lanka President this week over a sus- tion.” pected cover-up in the killing of a British holiday- maker and the gang-rape of his girlfriend, the Daily “The perception is that they’re trying to cover it Telegraph reported. Simon Danczuk, the MP for up. My guess is that (it’s because) the alleged Khuram Shaikh, a 32 year old Red Cross aid murderer is a local politician who delivers for the worker from Rochdale, said he did not believe DNA ruling party, which delivers for the president and tests could take 28 months and told The Daily helps them remain elected,” said Mr. Denczuk. Telegraph he would raiseconcerns of a cover-up when he meets President Rajapaksa later this week -Daily Mirror - 23/07/2013 as part of a Commonwealth Parliamentary Associa- tion delegation to Colombo.

Grandpass Mosque attack: Govt. under pressure to nab culprits

Curfew reimposed at Grandpass troubling in light of a is due to be lifted today at 7 am. number of recent at- Having met at Senior Muslim politicians repre- tacks against the Muslim com- Minister of Urban Development, senting the SLFP-led UPFA yes- munity in Sri Lanka. Targeting A. H M. Fowzie’s official resi- terday called upon the govern- any place of worship should dence in Colombo, Muslim politi- ment to take tangible action never be permitted and we urge cians demanded that the gov- against those responsible for calm from all sides. We call for ernment move against those Saturday’s attack on a mosque prosecution of perpetrators in targeting their community to at Swarna Chaitya Mawatha in this attack and an end to reli- prevent a catastrophe. the Grandpass police area. gious violence. The right of all Close on the heels of Sri Lankans to practice the relig- By Shamindra Ferdinando & Muslim politicians’ warning, the ion of their choice should be pro- Norman Palihawadana United States Embassy in Co- tected." -The Island - 12/08/2013 lombo expressed concern over Meanwhile, the police the attack. The embassy said: curfew was reimposed in the "This incident is particularly area from 6 pm yesterday and it

Human Rights Review : July - September 13 Institute of Human Rights CURRENT ISSUES 14

he Technology and Re- ogy Institution has conducted powders that contain DCD were T search Ministry today re- investigations to check whether not fit for human consumption vealed that a harmful chemical DCD was found in popular milk and that DCD could not be con- identified as DCD powder brands that are available tained in milk powder. (dicyandiamide) is found in four in the market. Ramanayake also said in varieties of imported milk pow- Following these investi- the media statement that the der available in Industrial the market DCD found in four milk powder brands: Report Technol- today. ogy Insti- Technology and Re- gations, it was revealed that tution had submitted reports on search Ministry Media Secretary DCD was found in four imported the final results of the investiga- Dhanushka Ramanayake in a milk powder brands. During tions to the authorities of the media statement said that DCD these tests, two local brands Consumer Affairs Authority, was found in four brands of im- were also tested, but they were Health Ministry and the Customs ported milk powder but DCD was proved to be free of this chemi- for scrutiny. not contained in locally manufac- cal,” Ramanayake said. By Jayashika Padmasiri tured milk powder products. The statement quoted -Daily Mirror - 27/07/2013 “The Industrial Technol- researchers as saying that milk

Is it milk of human unkindness?

The 16-billion-dollar dairy giant Fonterra is elaborate assurances of the milk being safe for con- under the global spotlight following the alleged consumption and that there is ‘no need to panic’. tamination of its milk powder products with Dicyan- The Ministry said this while rejecting the diamide (DCD), and also the Botulinum toxin which report produced by the Industrial Technology Insti- causes Botulism, a disease which is fatal or causes tute (ITI) which confirmed the existence of DCD paralysis and is produced by the Clostridium Bacte- and further stated that the initial suspension of rium. clearance of milk powder was said to Seeing as such health concerns are be a mere precautionary measure. raised as a result of this al- The Ministry ignored the re- leged contamination, it port submitted by the state agency comes as no surprise and insisted upon the findings of a that the common Sri test conducted in Thailand which Lankan citizen has a right was specifically performed to de- to be notified that his next tect the Botulinum toxin and not cup of milk tea may or may DCD. not be safe to drink. Fonterra official claims However, this was that DCD in minute quantities was less not the viewpoint of the harmful to a person than table salt was strongly Health Ministry which felt it pertinent to leave the refuted by Minister of Technology, Research and public in the dark about this issue and adopted a Atomic Energy Patali Champika Ranawaka who complacent approach even when the report con- claimed it to be a flagrant violation of the law to firming the existence of DCD was intimated to the promote such products. Government Medical Officers Association (GMOA). Despite the GMOA’s efforts to bring atten- By Hafeel Farisz & Jehan Gunasekara tion to this finding, the Health Ministry’s stratergy -Daily Mirror - 08/08/2013 in defence of the exporting companies warranted

Human Rights Review : July - September 14 Institute of Human Rights CURRENT ISSUES 15 Withdrawn milk powder stored in warehouses

No orders to destroy it packets of milk powder from the Ministry’s Food and Drug Author- Certain batches of Fonterra milk market, the official said. ity officially had asked Fonterra products withdrawn from the Fonterra Managing Di- to withdraw milk products bear- market have been stored in rector Leon Clement yesterday ing certain batch numbers as it warehouses, according to the said that on the instructions of was of the view that those prod- company. the Director General of Health ucts were contaminated with A senior Health Ministry Services the company had with- DCD. But, as far as the company spokesman told The Island that drawn its milk products contain- was aware the products were under no circumstance should ing the particular batch numbers neither contaminated with DCD such products ever reach the from the market. But, the Health nor unsafe for human consump- market again. The Ministry had Ministry had not issued instruc- tion. instructed Fonterra, Maliban and tions to destroy the products. By Don Asoka Wijewardena Diamond to withdraw the tainted Clement said that the Health -The Island - 12/08/2013

SAFMA and SAWM condemn attack on journalist

The latest attack on a media person in Sri Lanka, cute any of the perpetrators, has greatly discred- which occurred in the early hours of Saturday, 24 ited the current governmental institutions August 2013, was against the family and the per- of law and order. The continued failure of the po- son of Mandana Ismail Abeywickrema, a leading lice and justice system to conclusively prosecute political columnist and a senior journalist of the the perpetrators of many other kinds of human Sunday Leader. rights violations, especially violence against civilians and dissenting political activists, adds to this Abeywickrema has been a consistent critical com- lack of credibility. mentator and this attack fits into the pattern of continuing attacks and harassment against critics SAFMA and SAWM urge all concerned citizens’ of the government. In this light, it is clear that the groups to prevail on the combined government and severe repression of the freedom of expression and oppositional political leaderships to collaborate in the mass media still continues. establishing such a credible and independent mechanism, that might be a first step in reviving a The Sri Lanka Chapters of South Asian Free Media civilized political culture in Sri Lanka. Association (SAAFMA) and South Asian Women in Media (SAWM) condemn this latest attack, and call South Asian Free Media Association (Sri Lanka for an independent inquiry and a monitoring Chapter) mechanism to investigate this and the previous South Asian Women in Media (Sri Lanka Chapter) attacks. Statement The long record of persistent violence against the -Ceylon Today - 26/08/2012 media and the notable failure to successfully prose-

Human Rights Review : July - September 15 Institute of Human Rights CURRENT ISSUES 16

Fear of the South unfounded powers, first of all a police commission should be appointed, and with the directives of the Inspector The Chief Ministerial candidate of the Tamil General of Police (IGP), a Deputy Inspector General National Alliance (TNA), C.V. Wigneswaran, dis- of Police should be appointed for each province. missed the apprehension of the South over devolv- Therefore, the Central Government will also have a ing police and land powers to the North, as baseless say in devolving police powers," he said. as these powers will not be used to create a sepa- He said, "In 1994, when attempts were rate State. made to enhance devolution of powers to the North Addressing an election meeting in Kili- and East, the diehard attitude of the Tamil militants nochchi on Sunday, he said the Indo-Lanka Accord towards creating a separate State did not permit cannot be invalidated unilaterally. "The Vienna Con- the political attempts to succeed. The struggle for vention clearly states bilateral treaties that have the political rights of the Tamils first started in gained international recognition cannot be simply 1956. Thereafter, with the failure to find political invalidated without the overall consent of the signa- solutions, the militant struggle emerged. The mili- tories to the treaties. Therefore, either India or Sri tant struggle that lasted for three decades interna- Lanka cannot withdraw from the Indo-Lanka Ac- tionalized the political struggle of the Lankan cord, which led to the 13th Amendment, without the Tamils. Therefore, the third phase of the Tamil consent of the other," he said. struggle will commence as a strong political attempt Wigneswaran also said fears expressed by to win the rights of the Tamils in the country with the Southerners that after gaining police and land the support of the international community," he powers, the Northern Province will restart the sepa- said. ratist war, with India's support is meaningless. The By Killinochchi Correspondent 13th Amendment outlines that to devolve police -Ceylon Today - 14/08/2013

Villagers of Bharathipuram have no deeds to lands

People living in Bharathipuram in Vavuniya, lament they have been deprived of deeds for their lands, as well as other basic facilities to enable them to re-settle, after being sent to the area more than five years ago. "It is more than five years since we came to live in Bharathipuram, which comes under the Vavuniya Divisional Secretariat. We still live in the jungle lands that we reclaimed, and have put up huts to have a roof over our heads. However, to date, we have not received title deeds even for the jungle land we live in. We are unable to put up our own houses without the deeds for the lands we occupy. The relevant authorities or politicians do not pay any attention to the plethora of problems that we continue to face. They come only during elections and make empty promises. If they give us titles for our lands, we would be able to build our houses and call it our own, and lead a decent life without having to live in temporary sheds covered with polythene," Perumal Ramanandan, a resident, lamented. -By Madhawa Kulasooriya -Ceylon Today -14/08/2013 -Ceylon Today - 07/08/2013

Human Rights Review : July - September 16 Institute of Human Rights CURRENT ISSUES 17 Kadirgamar’s Son Bemoans Acquisition of His Ancestral Property Land Minister noticed on K’gamar’s son’s case

The Court of Appeal yesterday (5th ) ordered to issue notices returnable for August 27 on the Minister of Land and two others with regard to the Writ petition of former Foreign Affairs Minister Lakshman Kadirga- mar’s son, Christian Kadiragamar who in a Writ Application before the Court of Appeal bemoans there is a move afoot by the State, to acquire his ancestral property in the Jaffna district.

The matter came up before Justice S. Sriskandarajah (President of Court of Appeal) and W. M Malinie Gunaratne.

J. C. Weliamuna appeared for the Petitioner.

The Petitioner who served as Consultant Environmental Designer to the UDA in 1995 said the longest serv- ing Navy Rajanathan Kadiragamar, the youngest Major in the Ceylon Army Selvananthan Kadiragamar and eminent Queen’s Counsel Sam Kadiragamar were his uncles.

He states his ancestral property called “Alvarmalaiyady” is situated at Maviddapuram in the Tellipallai Parish of Valikamam North Division of the Jaffna District off the Keerimalai – Kankesanthurai Road in close prox- imity of several Hindu places of worships.

By S. S. Selvanayagam -Daily mirror - 06/08/2013

The 13th Amendment & the Northern Provincial Council Election

TNA candidates intimidated by Army had behaved contrary to expec- tations by intimidating two TNA Two candidates of the Tamil Na- LTTE's former Trincomalee politi- candidates contesting the NP tional Alliance (TNA), had been cal wing leader, Elilan, and had polls. intimidated by the Army, soon questioned them on their politi- after they had filed their nomi- cal activities. This is ridiculous. We have nations yesterday, to contest the brought the issue to the notice Northern Provincial Council polls. "This is a gross violation of elec- of the Commissioner of Elec- tion laws. Even President tions, and our Leader, R. Sam- TNA Spokesperson and Jaffna Mahinda Rajapakse promised panthan, who is furious over the District Parliamentarian, Suresh our Leader, R. Sampanthan, that two separate incidents, will K. Premachandran told Ceylon he would ensure a free and fair lodge a complaint with the Presi- Today, that Army personnel had polls in the Northern Province dent as well. We will also take gone to the residences of S. (NP), without any interference up the issue with the diplomatic Sayanthan, a TNA candidate from security forces personnel, circle in Colombo," from Chavakachcheri, and Anan- whereas soon after nominations Premachandran said. thi Sasitharan, the wife of the were filed yesterday, the Army -Ceylon Today - 30/07/2013

Human Rights Review : July - September 17 Institute of Human Rights CURRENT ISSUES 18

Choice between guns and butter the quest for reconciliation. Is that what the Army of Sri Lanka is – an agent of a particular political The Central Government must empower party? How can lasting peace be forged on such locally elected individuals to make policies benefit- terms with such agents purporting to provide for ting the constituency they are immediately ac- our common defence? The whole nation should feel countable to. This model only works when a degree marginalized and uncomfortable with the Army’s of autonomy is awarded, otherwise each Province political activity. remains wholly unequipped to meet its own devel- In the end, the choice between Guns and opment challenges. The SL Army can improve civil- Butter should be one left to the people of Sri Lanka. ian relations with the government and civil society Is the South comfortable with the deployment of by allowing such a process to happen organically the vast majority of the nation’s armed forces in a and without impediment. Instead of the SL Army time of purported peace? Is the South comfortable assuming the role of local government, it should with the military usurping private enterprise and look to transition as much responsibility as possible displacing market opportunities for Sri Lankan citi- to justly-elected local provincial administrations. zens? It is time we, as Sri Lankans realize that Secondly, the SL Army must foster there are only two categories of people in the eyes ‘respectful, collaborative and inclusive’ relationships of the government. There are those with her, and with the civilian populations they are involved with. there is everybody else. All the resources of this Unfortunately, civilian relations is not a primary nation are directed towards advancing the interests consideration for the SL Army. Civilians are rou- of those few in the Centre, while the rest of us are tinely displaced from their homes demonstrating pushed to the fringe. The Centre calls us citizens the Army’s lack of respect for private property. but through the machinations of the Ministry of De- Many displaced civilians are caught like fish out of fence and Urban Development, they treat us like water separated by forcible relocation from their enemies of the State. livelihoods with little to no means of supporting Post-war countries can have one of two themselves or their family. The most recent land landscapes. Either they purchase peace at immeas- grab in Jaffna totalled approximately 6,400 acres urable cost only to continue acting out their best and affected several thousand Tamil people. The SL impression of war, or they can use the post-war Army could not demonstrate less concern for civil- time period for growth, progress and prosperity. To ian relations and this is a crucial aspect of post-war date, Sri Lanka’s choice has been clear. The Military posturing. remains the minion of the State, doing the Centre’s domestic bidding without the oversight and ac- Involvement countability attached to an elected post. The Military hopes to win the North by Thirdly, the SL Army must be subordinate forcibly subjecting them to the Centre’s politics but to civilian authorities and remain politically neutral. this battle for hearts and minds cannot be won with It was recently reported that the Jaffna Security organization and funding. This time the Military Forces Commander Major General Mahinda Hathu- can’t create peace through force of will. This is not rusinghe and the Northern Province Major General, the partisan military’s battle. This is a battleground G.A. Chandrasiri, have interviewed and chosen 20 of ideas where victory is finding equitable and crea- candidates for the Northern Provincial Council Elec- tive solutions. In this battle, peace cannot be won tion. by dominance or imposition; it must be forged in The Army’s clear demonstration of partisan- the cauldron of the common good. ship and political posturing destroys any credibility they might have otherwise possessed as a body By M. A. Sumanthiran answerable to the whole of Sri Lanka. Their in- -Ceylon Today - 07/07/2013 volvement in elections is not only spurious, but perhaps most tragically it completely undermines

Human Rights Review : July - September 18 Institute of Human Rights CURRENT ISSUES 19 PCs won’t have police and land powers - MR

President Mahinda Rajapaksa ruled out the possibil- "There will be no problem if the TNA wins the elec- ity yesterday of provincial councils having police tions in the Northern Province. If Mr. Wigneswaran and land powers in terms of the Constitution. becomes chief minster we can have a dialogue with him. The devil is not as black as he is painted,” the Addressing the heads of media institutions, the president told media heads at Temple Trees during President said there would be no issues even if the a breakfast meeting yesterday. Tamil National Alliance (TNA) won the Northern Provincial Council elections and retired Supreme The president said, “The government has full au- Court Judge C. V. Wigneswaran was appointed chief thority over Land and Police Powers. This has been minister, as the government had full authority over clearly mentioned in the Constitution. We can talk land and police powers. to each other and resolve any issues that may arise.” The president said that that the government would By Ajantha Kumara Agalakada discuss and resolve any issues that may arise. -Daily Mirror - 31/07/2013

I have the political right "I am not bothered even if my propaganda work has been re- Northern Governor defends electioneering ferred to the Human Rights Governor of the Northern Prov- ance (TNA), which is contesting Commission. There is no law to ince, Maj. Gen. G.A. Chandrasiri, in the North, is saying. I have stop me from travelling around maintained he has the right to the power and I can go any- the Northern Province, for which be in any part of Sri Lanka as he where with anybody. I travel I am the Governor. I have the is representing President with the President and his political right as I am represent- Mahinda Rajapaksa, and he is brother, Minister of Economic ing the President," he said lam- not concerned about the allega- Development, Basil Rajapaksa, basting the media reports that tions that he is participating in on various occasions, who are highlighted his participation in election propaganda for the rul- toiling to develop the North. I the election campaigns. ing party in the Northern Prov- have to be there when they are By Sulochana Ramiah Mohan ince. "People are stupid to listen present in the North. -Ceylon Today - 12/09/2013 to what the Tamil National Alli-

Lessons from Black July for law and order and tolerance

his week we remember with deep regret, citizens of this country were subject to terror and T shame and sadness, the Black July of 1983, unimaginable destruction was caused to life and now chosen to be forgotten in history. Many factors property. It is consequently important that we paved the way for the incidents that took place should be of one mind and collectively learn from during the 1983 Black July. We remember the in- the lessons of this evil and traumatic experience so tensifying hate campaigns, the terrorism and the that similar mistakes will not be repeated now or in ever increasing tensions between the ethnic groups the future. It is regrettable that in spite of the de- that preceded black July and the thirty year war structive war, many seem to have failed to learn this led to. During this long period of hate and war (Continue on page 20)

Human Rights Review : July - September 19 Institute of Human Rights CURRENT ISSUES 20

(Continue from page 19) ble with the core teachings of all religions -and are detrimental to the peaceful co-existence among our lessons from this sad period in our history and con- communities. This hate campaign should stop im- tinue to promote hatred among different ethnic and mediately if we are to move forward as a nation religious groups. that has overcome selective violence. If not the During the last few months, we have come chances are that we may end up a failed state. All to learn through the media that certain groups in four major religions in our country have spiritual our country have embarked on another hate cam- values that promote peaceful co-existence and re- paign that could cause harm to our country. This spect for all. True followers of these religions hate campaign is based on religious grounds. Hate should be guided by their respective teachings. and violence are advocated, suspicion is brewing The primary responsibility to protect citi- and citizens of this country are being estranged zens from intimidation, threats and violence lies from one another. A few individuals and groups with the government as we have stated in our ear- have taken the law into their own hands, in a man- lier statements. If the government continually fails ner detrimental to the welfare of this country and to take adequate steps to protect and safeguard its citizens. It is our view that some of the minority groups, then we are compelled to arrive at speeches made by certain individuals are not only the conclusion that the government itself encour- against the tenets of true religion but also against ages religious conflict. The government cannot be Article 10 of the Sri Lankan Constitution. This arti- blind to the fact that lawlessness, deliberate foster- cle guarantees the freedom of religion, including ing of ethno-religious tensions and the impunity the freedom to have or to adopt a religion of choice given to those who indulge in these acts is ex- for every citizen. We firmly believe that no person tremely short sighted and will undermine social is above the law. trust and harmony as well as the economic wellbe- According to our understanding the threats ing of the country. and attacks that have been launched against places of worship of Muslims and Christians are incompati- -The Island - 30/07/2013

The importance of remembering Black July

or the past 30 years, 23 July 1983 has been place. It is only such remembrance that will ensure F remembered in Sri Lanka as ‘Black July.’ It that action is taken to prevent Sri Lanka ever hav- marks the tragedy and horror of thousands of Tamil ing to face yet another ‘Black July.’ people being attacked by rioting mobs acting with impunity. Hundreds of Tamils were killed and thou- It is, however, most unfortunate that we, sands of homes and businesses were destroyed. as Sri Lankans, have not seemed to come very far Many Tamil people who survived these attacks fled from ‘Black July.’ Instead of dealing with, and the country, fearing they would never be able to eradicating the root causes of the conflict, we seem see their home again. The repercussions of these to be intent on exacerbating them. Today, more brutal actions are still felt by the Tamil people in Sri than four years after the end of a bloody war, rec- Lanka and abroad. The ’83 pogrom is widely seen onciliation amongst Sri Lanka’s people is still very as a trigger to Sri Lanka’s civil war. far away. In fact sadly, 30 years later, not much has changed. The importance of remembering such By M. A. Sumanthiran atrocities cannot be underestimated. It is only re- -Ceylon Today - 28/07/2013 membrance of such tragedy that will, one hopes, ensure that such horrors will never again take

Human Rights Review : July - September 20 Institute of Human Rights CURRENT ISSUES 21

Civil society to meet Navi Pillay lands have been returned. The issue of the 13th Amendment and government's promise of 13 A Members of civil society who will be meeting United plus which they pledged to implement, still remains Nations Human Rights Commissioner, Navi Pillay, in limbo," he asserted. during her visit in Sri Lanka next week, are expected to highlight some of the issues they per- Speaking further, Gunawardana said another issue ceive have not received due consideration from the is that of detainees where civilians are still not Sri Lankan Government. aware if their loved ones are detained or are dead, as information in this regard has not been released A civil society organization, Platform for Freedom, to them. "There are also cases of detainees who told Ceylon Today, they have already submitted 20 have not been tried so far and there has been no proposals to Pillay that the government has failed transparency on their detention. For instance, it to implement. These issues are to be discussed came to light that the detainee who had died in the when they meet her on 26 and 27 August. Con- Vavuniya camp had in fact been living all the vener of Platform for Freedom, Attorney-at-Law, while," he said. Sudharshana Gunawardana said, "The UNHR Com- missioner's visit is significant considering that she He also said the police being politicized and acting will be in Sri Lanka from 25 – 31 August. Civil soci- in favour of the government will be highlighted. "A ety has been branded as hatching conspiracies proper independent police force should be set up against the government and we want to openly under the 17th Amendment whereas the govern- state who and what we are. There are many prom- ment bypassed that amendment and passed the ises the government had made but not kept. When 18th Amendment to bring in emergency when it we look at the LLRC report, there was no action deems it necessary. This is not what the people plan about accountability and the reasons for the want. We will also highlight the impeachment of the disappearances. However, now it is being included former chief justice, Shiranee Bandaranayake," he and a committee has been formed to probe into it. declared. There are also land issues in the North where lands By Sulochana Ramiah Mohan -Ceylon Today - 22/08/2013 belonging to civilians are still under the High Secu- rity Zone although the government claims such

-Ceylon Today - 27/08/2013

Human Rights Review : July - September 21 Institute of Human Rights CURRENT ISSUES 22 From “Inconvenient truths” an article by Dilrukshi Handunnetti

here are reasons to reig- It was Colvin who passed on the finding mission. Among the is- T nite Marie Colvin's memory message to Vijay Nambiar, the sues that will emerge will be the today. It was she who broke the UN special envoy in Colombo at plight of the civilians, particu- infamous White Flag case to an that time and Chief of Staff to larly those who surrendered. international audience, docu- Ban-Ki- Moon, the UN General menting the alleged atrocities Secretary. All appeared set for Pillay will undertake a visit to committed during the final an official surrender and Nam- Jaffna, Sri Lanka's northern phase of the Sri Lankan war, biar claimed to have received an capital, to meet representatives firmly placing it before the inter- assurance from President of the Tamil National Alliance national community, a serious Mahinda Rajapaksa that the two (TNA) and it is likely that she human rights concern that went LTTE top men will not come to would lend her ear to Ananthy well beyond the confines of Sri any harm, Colvin noted. Sasitharan, wife of a prominent Lankan territory. LTTE leader Elilan, who is miss- To ensure safety, "All they had ing since his act of surrender on In her compelling account, to do was hoist a white flag 16 May 2013. It will once again Colvin quoted Balasingham high" she wrote, quoting Nam- bring to the fore, an inconven- Nadesan and Seevaratnam biar. The LTTE wanted Nambiar ient truth the regime had over- Pulieedevan, two leaders of the to be present at the time of sur- looked – the plight of surrendees Liberation Tigers who were killed render but Nambiar according to whose right to life had been in the final onslaught, together Colvin, felt it was not necessary guaranteed. This issue is now a with thousands of Tamil civilians as he had a presidential assur- matter before Court and who were trapped in the No Fire ance on their safety. What hap- Sasitharan is providing leader- Zone (NFZ), while seeking safe pened is now history. ship to a group of women who passage. are demanding their missing She also included in her account, The perishing of civilians sons, husbands and brothers the three conditions for surren- back. No matter what diplomatic der Nadesan put forward to the But today's issue is neither initiatives the government may United Nations, through her: Colvin's affiliations or sympa- resort to and even facilitate Pil- They included, a firm undertak- thies nor what happened to lay's tour of Jaffna, some of ing by the LTTE cadres to lay Nadesan and Puleethevan in that these issues will make it to her down arms, a UN guarantee of final battle. next report on Sri Lanka, with safe passage for the LTTE lead- added insight. ers to the US or the UK and a The United Nations High Com- political process to ensure rights missioner for Human Rights, -Ceylon Today - 27/08/2013 of the Tamil community are pro- Navanethem Pillay has finally tected. reached Colombo on a fact-

Navi Pillay asks Hakeem: Why weren’t police placed under Justice Ministry?

UN High Commissioner for Human Rights Navi Pillay yesterday raised a series of questions with Justice Minister Rauff Hakeem, including why the government had not done away with the Prevention of Terrorism Act and reasons for creating a new ministry for police affairs. By Ajith Alahakoon -The Island - 27/08/2013

Human Rights Review : July - September 22 Institute of Human Rights CURRENT ISSUES 23 Govt. blasts Pillay for transgressing her mandate

The government yesterday lambasted UN cal statement on her part, which clearly trans- High Commissioner for Human Rights Navi Pillay for gresses her mandate and the basic norms which her comments that Sri Lanka was heading in an should be observed by a discerning international increasingly authoritarian direction. civil servant. In a media release issued by the Informa- -The Island - 02/09/2013 tion Department it said her comment was "a politi-

Counter punch ! opportunity to visit venues of her choice and meet with people, where she was provided with unre- The government, through the Ministry of stricted access, which were far in excess of the dip- External Affairs, will be responding to the allega- lomatic protocol usually extended to visiting digni- tions made by the United Nations Human Rights taries," the minister further said. Commissioner, Navi Pillay, at the end of her re- This is manifest evidence that she has not cently concluded visit to Sri Lanka. "The allegations got the true picture of what the real situation was are of a very serious nature and the government or she is being orchestrated by the LTTE proxies, will be responding to them in writing through the Rambukwella added. Ministry of External Affairs," Government Spokes- He also said, that it was outrageous for Pil- man, and Media and Information Minister, Keheliya lay, being an Ex-High Court Judge of South Africa, Rambukwella, said. to have alleged that there were constitutional viola- Responding to allegations made by the UN tions in Sri Lanka and that there was a lack of de- Human Rights Chief that State security officers had mocracy. "The reality that we have held elections harassed people who had met Pillay, the minister countrywide at a time when the Opposition was said such a statement could even raise a laugh. alleging that Sri Lanka was having too many elec- Rambukwella, while challenging Pillay to tions, and that too even ahead of time, speaks vol- name such instances with solid and tangible proof, umes of the democracy and the opportunity of ex- also said such an allegation would have been or- ercising one's franchise in the country," he re- chestrated by the TNA, which was the proxy of the marked. LTTE during its lifetime. He added: "The fact that we are holding the The minister was responding to a question Northern Provincial Council elections will bear testi- from this newspaper as to what action the govern- mony to the democracy that is prevalent in the ment would be taking with regard to the allegations country, and all these allegations tantamount to the made by Pillay in this regard. lack of credibility on her part." "We are concerned about the frivolous alle- By Ravi Ladduwahetty gations she had made, even while being given the -Ceylon Today - 03/09/2013

-Daily Mirror -05/09/2013

Human Rights Review : July - September 23 Institute of Human Rights CURRENT ISSUES 24

GL in London flays Navi Pillay by Ms. Pillay claiming that Sri Lanka was moving towards authoritarianism. External Affairs Minister G.L. Peiris, at a He said there was no empirical evidence to news briefing in London, criticized UN Human support this claim. On the contrary after 25 years Rights High Commissioner Navanetham Pillay’s the people of the north who lived under the LTTE comments as being those of a “prejudiced mind had no suffrage. But now President Rajapakas’s and in no way show fairness and open- Government has provided them with the opportu- mindedness.” nity of expressing themselves later this month. The EAM said the minister who was in Lon- The minister said prejudice and lack of fair- don to deliver the keynote address at a Cambridge mindedness is further shown by her talk of numer- symposium on economic crime, hit out at the com- ous war crimes committed by the Government. Pre- ments made by Ms. Pillay that Sri Lanka showed viously Ms. Pillay mentioned allegations of war signs of moving towards authoritarianism. crimes. “But now it is no longer allegations, but The minister said Ms. Pillay was invited by proven fact, according to her. Navi Pillay refers to the Sri Lanka Government about two years ago to the intimidating presence of the military in the come here and see for herself the developments in north and the fear of the people and women there,” Sri Lanka. he said. The minister rejected the comments made -Daily Mirror - 04/09/2013

President says West criticizes us without understanding

Dismissing allegations of ernment. A stable government is ern countries criticize us without a poor human rights situation in a powerful support to a country. having a clear understanding,” Sri Lanka, President Mahinda A powerful government with full he said, commenting about the Rajapaksa has said, a stable and support by the people is the persistent criticism about the powerful government is essential most important factor for us to human rights record in the coun- for the country’s development push forward,” he said in an in- try, even after the end of the and the Western countries criti- terview to China’s State televi- 26-year-long ethnic conflict in cize him without a ‘clear under- sion CCTV. 2009, consequent to the defeat standing.’ “It’s easy for the West- of the LTTE. “The development of a ern countries to talk, to criticize. Economic Times country requires a stable gov- I’m sorry to say that the West- -Ceylon Today -16/09/2013

Sunila’s indelible human rights footprint

his week saw the death of Sunila Abeysekera, riots that many view as the beginning of the coun- T arguably Sri Lanka’s best known human rights try’s battle against terrorism, Abeysekera was keen activist. Abeysekera, 61, died at a private hospital to establish links with Tamil groups. When she in Colombo after a long battle with cancer. made that effort, some people even questioned her Growing up in Colombo, Sunila Abeysekera’s inter- patriotism. est in human rights began four decades ago, when it was not fashionable to dabble in the subject. However, Abeysekera was equally critical of the Then in her early twenties, she was inspired by the Liberation Tigers of Tamil Eelam (LTTE), who were aftermath of the 1971 insurrection of the Janatha infamous for their ruthlessness and their scant re- Vimukthi Peramuna (JVP). gard for human rights. As a result, Abeysekera’s opinions came to be widely respected both locally It was to be the beginning of a life championing the cause of the underdog. In 1983, following the racial (Continue on page 25)

Human Rights Review : July - September 24 Institute of Human Rights CURRENT ISSUES 25

(Continue from page 24) began criticising the tactics used to quell the JVP- led insurrection that crippled the country, she be- and internationally. came a target of threats and intimidation.

In 1984, Abeysekera founded the Women and Me- In 1987, Abeysekera was compelled to leave the dia Collective through which she played a critical country after receiving death threats and witness- role in mobilising women in a wide ing the assassination of a colleague. range of causes. It ranged from women’s rights in the Free Trade Zone She returned to Sri Lanka when her to equal wages for female workers in daughter was only four-months-old to the tea plantations. continue her work. In 1989, she played a pioneering role in the establishment However, Abeysekera attracted public of a group, INFORM, that undertook attention as an activist in the late documentation of human rights abuses eighties when JVP’s second insurrec- and disappearances. By bringing these tion was unleashed. The increasing issues to the attention of the interna- authoritarianism seen in the late eight- tional community, Abeysekera played a ies saw Abeysekera thrust into the critical role in enabling the emergence limelight, advocating for more democratic freedom. of like-minded organisations as a force to reckon with in the evolving ethnic conflict in Sri Lanka. That was not without its consequences. As Abeyse- kera emerged as a leading figure voicing her con- By Sathya Liyanage cerns about the youths who had disappeared and -Daily Mirror - 12/09/2013

Poem by Basil Fernando, penned in July 1983 Just Society Suddenly departed to other lands Empty handed, I, who cried holding his hand You burned the buildings, At the harbour bidding him farewell, And put me in prison. Am now to bear this insult, You threw their infants into fire, You say it’s peace. And called me inhuman. When you put the blame on the innocent, You murdered in open daylight, You say it’s stability. And blamed me for wanting blood. When you hide the reports, You turned my neighbour into a refugee, And hush the inquiries, And said I was responsible. Spreading falsehood among the nations You looted his hard -earned property, Having a laugh at a restless land, And called me a thief. Divided and wounded. You imprisoned him and killed him, You sleep well, And named me a brute. But I cannot sleep. You befriended thugs, and I their victim, You eat well, But you made me the accused. I have lost all appetite. I who was grieved You think you are successful, At my schoolmate, I know wounds of defeat. My neighbour, my friend, Will long live with me, My guru and fellow worker, And the memory When he died, when he went into hiding. Of this insult ! When he fled to escape the mob, -Ceylon Today - 23/07/2013

Human Rights Review : July - September 25 Institute of Human Rights

26 REPORT FROM REHABILITATION UNIT Uplifting the self esteem of Institutionalized Youth through Vocational Training for Reintegration with Dignity

The Awards Ceremony of the Beauty Culture and Carpentry courses held at Halpathota Detention Cen- tre held on 06th August 2013. 02 programmes were conducted with the assistance of the AUSAID. Course duration was 06 months. The Beauty Culture programme was conducted for Girls & Boys sepa- rately.

Mrs. Chole Ashbolt – Second Secretary of the Australian High Commission was the chief guest. Mr. Thilak Shantha – Acting Superintendent of the Halpathota Detention Centre / the Principal of the Hikkaduwa Certified School delivered the welcome speech. Mr. Namal Perera – Project Coordi- nator of Australian High Commission, Mr. Oben P. Oliva – Deputy Country Director, Plan Sri Lanka, Mrs. Kumudu Nanayakkara & Mr. Wasantha Push- pakumara - Resource Persons (Beauty Culture & Carpentry Course), Ms. Menka Shanmugalingam & Ms. Hashini Rajaratna from IHR were present at Mr.Thilak Shantha delivering the the ceremony. welcome Speech

Ms. Menaka explained the whole project and 2 students from the Beauty culture programme and Carpentry Course gave their views of the course. Talented students of the Beauty Culture programme were able to prove the success of the course in the way they dressed up four of the girls in bridal wear.

Mrs. Chole Ashbolt – Chief Guest delivers the Speech

Certificates were awarded to the participants and 09 sets of tools [03 for Carpentry, 06 for Beauty Culture (03 for Boys & 03 for Girls)] were provided to the participants with the following criteria; (a) participants who have suc-

cessfully completed the course. (b) Participants A participant from the Beauty Culture programme who have done the practicals very well. receiving the certificate from the chief guest

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Human Rights Review : July - September 26 Institute of Human Rights

27 REPORT FROM REHABILITATION UNIT

(Continue from page 26)

Natures Secret Company supported the con- tinuation of the Beauty culture programme at the Halpathota Detention Centre by donating their beauty products for the future courses. Vote of thanks was delivered by Ms. Hashini.

Handing over the tool set for a student of Beauty Culture Programme

REPORT FROM EDUCATION UNIT

Human Rights Training for Sri Lanka Army

IHR was requested by the Sri Lanka Army to conduct one day lecture on Conflict Resolution at the International Peace Support Operation Training Sri Lanka at Kukulegaga on 07th August 2013.

63 officers & Other rank officers participated at this training programme. The lectures were conducted in Sinhala medium. The resource person was Ms. Tahirih Q Ayn – Director, Institute of Human Rights. Ms. Shashika being the coordinator for the workshop.

Human Rights Review : July - September 27 Institute of Human Rights STAFF INFORMATION 28

Chairman Jeevan Thiagarajah

Board of Directors Michelle Gunaratne Leela Isaac Tahirih Q Ayn H.G.Dharmadasa

Legal Unit 011-2695828 [email protected] Legal Officer V.S. Niranchan Senior Coordinator K Premaseeli

Education Unit 011-2695828 [email protected] Grants & Education Manager Menaka Shanmughalingam [email protected] Education Coordinator (Sinhala) Priyanthi Gamage [email protected] Education Coordinator (English) Hashini Mahesha Rajaratna [email protected] Education Coordinator (Tamil) Unita Ferly Bastian [email protected]

Rehabilitation Unit 011-2695828 Consultant Tahirih Q Ayn [email protected] Coordinator Hashini Mahesha Rajaratna [email protected]

Administration / Finance Unit 011-2695827 [email protected] Finance Officer Champa Jayakody [email protected] Accounts Assistant Shashika Jayasinghe Senior Office Assistant / Driver M Kannadasan Front Officer V P Chandima Padmasiri Driver / Office Assistant Duminda Attygala

Jaffna Branch 021-2240999 Legal Consultant A. S. Athputharay Supervisor T. Sanmuganathan Office Assistant Regina Malini

Head Office

86, Rosmead Place , Colombo 07

Branch Office

Jaffna

Urelu East, Chunanagam

Human Rights Review : July - September 28 Institute of Human Rights