Issue No. 147 April - June 2015

National Anthem sung in Tamil

The national anthem was sung in Tamil in the presence of President , Prime Minister and former President Chandrika Bandaranaike Kumaratunga at an event, where the lands taken over by the mili- tary to establish a High Security Zone were handed back to the legitimate owners at Valalaai, Valikamam East on 23rr March.

Human Rights Review : April - June Institute of Human Rights 2 INSIDE THIS ISSUE:

Editorial 03

The New government ♦ Extracts from an article by Faizer Shaheid - PTA ALWAYS DISCRIMINAED 06 ♦ Four cheers for judicial independence 07 ♦ Presidential powers and the craving to be slaves 08 ♦ 19th Amendment: Why this indecent haste? 09 ♦ Up to president to act on COPE report: DEW 10 ♦ Arjuna Mahendran's culpability proved! ♦ Sampanthan welcomes 19A 11 ♦ The politics, economics and fundamental rights of grand corruption in ♦ Sobhitha Thera interviewed by Subashini Gunaratne 12

Situation in the North & East ♦ Return of the denied land 13 ♦ Now the war is over, where do they go? ♦ Northern Spring Programme... 86 villages still powerless 14 ♦ Protest in Mullaitivu against confiscated land ♦ Special Court to hear case: MS 15 ♦ Filling the vacuum

Situation in the Hill Country ♦ Koslanda Tragedy turns calamity 16

Media Freedom ♦ Tamil journalists’ woes continue 16

Sri Lanka In the International scene ♦ US PRESSES GOVT....NOTIFY FAMILIES IMMEDIATELY OF LIVING POLITICAL 17 PRISONERS... ♦ TNA wants action on war crimes ♦ Excerpts from the address by US Secretary of State – John Kerry 18 ♦ ‘Local Mechanism’ to probe war crimes to begin this month? 19 Unearthing of war crimes ♦ Geneva in Focus once again! 20

Article ♦ A brief summary of Jeevan Thiagarajah’s report on the Role of the Human 21 Rights Commission of Sri Lanka

Unit Reports 22 Staff Information 24

Edited by Layout designed by Cover Page Picture Leela Isaac Hashini Rajaratna -Ceylon Today -

Human Rights Review : April - June 2 Institute of Human Rights EDITORIAL 3

The Next General Election

here was euphoria among the people when they brought about a regime change on January 8th, this T year. Since it was only a presidential election Maithripala Sirisena who defeated Mahinda Rajapaksha by a majority of 4 laks of votes, inherited a parliament that was largely supportive of the former president. Though he was able to form a minority government with the help of the UNP the majority of MPs remained hostile to Maithripala Sirisena, whom they considered a traitor. Now nearly 6 months later the parliament has been dissolved without the 20th Amendment being passed. The 20th Amendment would have introduced electoral reforms which the people very much wanted and the president had promised to get them passed in this parliament. He was not able to do so because the majority of parliamentarians did not want to change the present system which allows any drug trafficker, murderer or rapist to enter parliament and en- joy a life of luxury with the poor tax payers’ money. After a mere five years they get an enormous pension whereas poor government servants have to wait for 30 to 35 years to get their meager pensions.

What we have today is a corrupt parliament. All 225 of them will unite only in their own self interest and work as a family to safeguard their interests like salaries and pensions. Most of them have serious allega- tions made against them, but none of these have been proved and no one has been convicted. Although President Sirisena and Prime Minister Wickramasinghe promised to do so in their election campaign, once elected to power both leaders seemed reluctant to deal severely with these ‘Criminals’ whose crimes they now say cannot be easily proved.

Had the electoral reforms been passed, the preferential voting system would have been scrapped and MPs would have been prevented from changing sides or parties after the voters had elected them. This would have greatly benefited the voters. A majority of those who opposed the electoral reforms were corrupt poli- ticians, bureaucrats and their henchmen. The minor and minority political parties may have feared that they would be disadvantaged under the new system. But their fears could have been allayed with an increase in numbers. The UNP too may have had fears regarding the 3 no confidence motions, against the Prime Minis- ter, Minister of Finance, and the Minister of Public Order and Christian Affairs. They perhaps wanted the parliament dissolved immediately and prevent these 3 motions and the Cope Report (Committee on Public Enterprises) on the central bank bonds scam discussed in parliament. There are allegations of corruption against the Central Bank Governor appointed by the Prime Minister. This scandal and the three no confi- dence motions together have already tarnished the ‘Mr. Clean’ image of Mr. Wickramasinghe. The UNP per- haps feared further damage would be caused if the COPE report was discussed in parliament. But on the other hand, if it had been openly discussed in parliament it may have cleared the air for all concerned. But the UNP preventing it has only given rise to various suspicions. Although the president made a genuine ef- fort to get the electoral reforms passed he did not receive the necessary support from sections of the oppo- sition as well as the government. He was finally forced to dissolve parliament on the 26th of June without the reforms being passed.

The leaders of political parties are being requested not to give nominations to those involved in corrupt practices. But as long as corruption is not proved in courts, one is considered innocent before the law, and the party leaders can give them nomination using their discretion. Even Mervyn or could be nominated. Although the whole Country believes they are guilty, they are considered innocent be- fore the law. In fact the SLFP disciplinary committee exonerated from all the allegations made against him. So can he now be denied nomination?

The president and the UNP tried very hard to appoint a constitutional council, which in turn would have ap- pointed the other independent commissions. But that too was sabotaged by the corrupt parliamentarians. (Continue on Page 04)

Human Rights Review : April - June 3 Institute of Human Rights EDITORIAL 4

(Continue from Page 03) The next elections will take place sans the independent commissions. Although the president managed to get the 19th Amendment passed due to his untiring efforts, it has not been fully implemented.

The people face the next general elections in a very confused state of mind. Things keep changing ever so fast that it is difficult to imagine what the future holds for the country. Adding to the confusion are the me- dia reports that the ex-president Mahinda Rajapaksha would contest the elections from the SLFP led UPFA of which President Maithripala Sisirsena is the leader. Maithripala Sirisena firmly and consistently denied nomination to Mahinda Rajapaksha till about a few days ago. Has the president actually approved the nomination of this man who was rejected by 6.2 million people at the presidential election only 06 months ago? Is he ready to betray the trust of the 6 million people who worked so hard to bring him to power, merely to prevent a split in his party? Is the party more important than the country? The people are shocked and confused at this sudden change.

Maithripala Sirisena’s victory on January 8th was achieved not by one individual, party or organization but it was a collective effort made by a diverse coalition of political parties, civil society organizations, media and also a few committed individuals, among them professionals, academics and Buddhist monks like Maduluwe Sobhitha Thero. They were determined to get rid of the corrupt Rajapaksha regime, some even risking their lives. During the last 06 months the country as a whole has breathed the air of freedom and heaved a sigh of relief that the era of thuggery and lawlessness is over. Will this process be reversed and the old repres- sive regime of the Rajapaksha brought back?

These are questions that people ask. But in the midst of all this confusion there is a glimmer of hope for democracy. It is reported that the two general secretaries of the SLFP and UPFA almost threatened Maithri- pala Sirisena that they would retire from politics immediately if Mahinda Rajapaksha was denied nomina- tion. The country would be better off without these two opportunists who are clamoring to bring back their corrupt leader for their own protection. But at this juncture when the nomination lists have to be signed by the two secretaries, their resignations would have made the president as the leader of the SLFP face a ma- jor crisis. In other words the president has been harassed and forced to give nomination to a corrupt leader by his equally corrupt supporters. To defeat Mahinda Rajapaksha and his cronies at the general election supporters of Yahapalanaya (Good Governance) have to unite and strengthen president Sirisena’s hands. Ranil Wickramasinghe of the UNP is not a very popular leader and under his leadership the UNP has lost too many elections. But if Chandrika Bandaranayake Kumarathunga who also opposes Mahinda Rajapaksha joins the election campaign of the UNP and the Maithripala supporters she may lead them to victory. Being a powerful personality it is only she who can weaken the impact of Mahinda’s return.

Let us hope that the president remains neutral during the elections and the same forces that brought about a regime change in January will now stand by him and prevent the country slipping back into the mire of corruption and moral degradation of the Rajapakshas. The fate of the country depends on the people, on how they vote at the August Election. As Mano Ganeshan the leader of the Democratic People’s Front pointed out, last time Mahinda Rajapaksha claimed he was defeated by the “Elamists, Tamil and Muslim minorities”. But this time the Sinhala people should use their vote wisely and defeat Mahinda and his cor- rupt set of parliamentarians.

A few days ago in an emotional speech made at Madamulana his ancestral home Mahinda is reported to have said; “I will be contesting. International conspiracy! Economy has collapsed! LTTE is coming! so I am coming too!” He might have also added “vote for me to save our country the nation of the Sinhala Bud- dhists from the International conspirators, the Tamil Tigers and the Muslim minority.” (Continue on Page 05)

Human Rights Review : April - June 4 Institute of Human Rights EDITORIAL 5

(Continue from Page 04) Does the Sinhala majority still look upon him as their savior, the modern Dutugemunu who fought the Tamil terrorists and saved the country? Don’t they appreciate the changes brought about within the last 06 months? Do they prefer the crafty, corrupt, Mahinda Rajapaksha to the simple, honest and sincere leader that Maithripala Sirisena has proved himself to be within this short time? It is left to be seen.

Leela Isaac

Wake up with March 12 Declaration for a sound Parliament

The March 12 Declaration was initiated on March 1.Should not be a criminal; 12, 2015. 2. Free of bribery and corruption; It claimed that, the March 12 Declaration 3. Free of anti-social trades; was the product of island wide multi-stakeholder 4. Environment friendly; consultation on what can be done to transform the 5. Not abusing authority; political culture of Sri Lanka. 6. Free of abusive financial contracts; This is timely and was signed by all the po- 7. Close to their electors; litical party leaders including President Sirisena. 8. Adequate opportunities for women and Political parties signing the March 12 Decla- youth. ration and joining the March 12 Movement, urge all The ultimate outcome of this should be the political parties in Sri Lanka to adhere to follow- clean politics. The time has come for all political ing 8 basic principles when selecting and nominat- parties contesting in the upcoming general elec- ing their candidates for the forthcoming Parliamen- tions to adhere to the March 12 Declaration. tary Elections; By Vidya Abhayagunawardana - - 29/06/2015

-Ceylon Today-

Human Rights Review : April - June 5 Institute of Human Rights CURRENT ISSUES 6

Extracts from an article by Faizer Shaheid erate and detain several persons from the Tamil community. This essentially justified the arbitrary PTA ALWAYS DISCRIMINAED actions of the government. TAMILS Although the present government has taken several steps to alleviate travesties of the DISCRIMINATIORY LAWS past, the measures appear to be inadequate. How- The PTA played a pivotal role in discriminat- ever, looking at it from a transitional justice per- ing against the Tamil community. Section 9 em- spective, it is nearly six years only since the con- powers the Minister to make an order that a person clusion of the war. The systemic discrimination of be detained for a period of three months. Upon the Tamil community has largely been overcome, conclusion of three months, the Minister may con- thereby enabling them to enjoy a vast amount of tinue to arbitrarily detain such persons for a period freedom, just as the others. Despite the continuity of 18 months, three months at a time. The Statute of some of the draconian legislation of the past, the specified that any person could be arrested and present regime appears to be hardly interested in that there need not be a search warrant to search utilizing it for the suppression of minorities. How- premises or to seize any property. ever, the sooner such laws are removed from the The Act had been introduced as a tempo- statute books, the safer it would be to enjoy the rary provision, but was later made permanent. Due fundamental freedoms of humanity. The steps to the discriminatory attitude inherent in the sys- taken appear to be inadequate: nevertheless, it tem and the society, it was particularly the Tamil also indicates a steady progress towards the attain- community that had been targeted. Even following ment of lasting solution to the national problem. the conclusion of the war, the law continued to op- -Ceylon Today—03/04/2015

Avant Garde, table police report been submitted by 19 March would shed more light on this seeming sordid affair? The Avant Garde (AG) issue is seemingly The new government has been in power for becoming 'curiouser' by the day.Said to be a pri- three months, Minister Senaratne cannot pass the vate security agency, current investigations have buck and try to escape the issue of the alleged un- had however revealed that powerful names of the accountability of captured LTTE wealth and weap- previous regime are behind its activities. ons because they have had not been inventoried by As reported by this newspaper's yester- the previous regime, and thereby seemingly try to day's edition, AG is also suspected to have had close that aspect of the affair, as inferred to by our been involved in 'weapons laundering.' Those article published yesterday? weapons laundered had allegedly belonged to the His President was elected to office on 8 LTTE. January 2015 and a new government appointed by Arms dealing is lucrative business. It's all the masses of this country to probe such misdeeds the more lucrative if they are sold to suspected ter- of the previous regime. rorist organizations or to countries which do not Sooner the AG story is revealed, the better follow proper procurement procedures or are it would be to the country. Bits and pieces, like 'banned' from buying arms from the so called civi- what was said at Friday's Cabinet media briefing by lized world due to grey human rights records. Senaratne, which means nothing, fools no one. To One 'may virtually become a millionaire start with, if permissible by Court, he should table overnight' engaging in arms dealing to countries, at the Police report, if such a report has been con- war within or without or to terrorist organizations. structed, and forwarded to Court by 19 March as Probably, the report which the Police has ordered, at the next Cabinet media briefing. had been ordered by the Magistrate to have had -Ceylon Today - 05/04/2015

Human Rights Review : April - June 6 Institute of Human Rights CURRENT ISSUES 7 Four cheers for judicial independence ers of the executive, legislature and judiciary essential in any functioning democracy. he big news last week was the Supreme Court The UNP had gone public before the court T decision that two sections of the 19th Amend- ruling stating that it did not plan to go for a Refer- ment to the Constitution affects the franchise of the endum. That is the last thing the people want in the people and requires for adoption, in addition to a current state of confusion. With a parliamentary two thirds majority in Parliament, the people’s con- election facing us in the short term, having an ex- sent at a Referendum. This determination deserves pensive Referendum before that is obviously out of unreserved applause of all our people regardless of the question. If the court ruled that the 19th political affiliations. We have for too long had Chief Amendment, as presented, required the people’s Justices and Judges in our highest court who had consent for adoption, it would suitably amend 19A cozy relationships with the political powers that be. to avoid that measure was the government’s stated These connections influenced their decisions in position. Why that was not done in the first in- many instances and justice was neither done nor stance is a mystery. Surely the legal advisors to seen to be done. We have at last broken away from the government would have indicated that without that sorry scheme of things, hopefully for good. a Referendum, the Bill as presented to Parliament One of the best things that the present administra- would not pass muster? Did the government gam- tion did was to get rid of a Chief Justice who by no ble on a favourable SC decision? Or did it want to stretch of imagination could have been judged as tell the people that part of its plan to trim the ex- independent, restore for a day his predecessor who ecutive powers of the presidency was to transfer was dumped in the worst possible manner and those powers to the prime minister? Now that the thereafter appoint the most senior Judge of the Su- court has ruled that this needs a Referendum, the preme Court as the new Chief Justice. A three- prime minister has said that these clauses are be- judge bench presided over by him has given a deci- ing dropped. sion that is seen by the whole country as sturdily -Editorial independent, strengthening the separation of pow- -Sunday Island - 12/04/2015

The Weliamuna BoI public knowledge; so many alleged cases of scan- dalous graft, including China financed mega- Why can’t the scourge of corruption, fla- projects, are likely to be true. grant family nepotism and rampant abuse of Why no investigations elsewhere – MR’s power everywhere be exposed in the exemplary Highways Ministry where project "expenditure" way the Weliamuna Board of Inquiry (W-BoI) has was blown up by orders of magnitude, Basil R’s done for Sri Lankan Airlines? All along I tamely ministries, defence, petroleum, and anything Sa- swallowed the Prime Minister and President’s lame jin, Namal and such others touched? The reason is excuse that "Ho, haa things must be done prop- that PM and President are giving the public the erly; the authorities must cautiously build a strong koka-pennanawa run-around. Weliamuna and his justiciable case". Blah, CID sloths, the tortoises in team are high calibre, but half-a-dozen more could the Bribery Commission and the lame Attorney have been put together if the political will existed; General crawl like snails, but W-BoI has shown but Ranil-Sirisena lack the killer instinct. The Raja- that a no-holds-barred public inquiry, armed with paksas had Fonseka in the cooler in a trice, hauled a mandate to question witnesses and probe docu- him before a mock-trial and stripped him of all but ments, can shine light, build a prima face case and his underpants with the speed of greased lighten- urge prosecution of ex-chairman Nishantha Wick- ing. Sirisena argues, quite credibly, that had he ramasinghe and ex-CEO Kapila Chandrasena. A lost the elections he would have ended up six-feet BoI is not a court of law and its findings are not under; that’s the Paksa-style killer instinct! conclusive but the public outcry for transparency By Kumar David prior to court proceedings has been sated. The -Sunday Islan - 12/04/2015 findings confirm every detail of what was previous

Human Rights Review : April - June 7 Institute of Human Rights CURRENT ISSUES 8 Presidential powers and the craving to be slaves

The Government’s contradictory actions able cause. To condemn Sri Lanka’s racist and corrupt lunatic This had been inserted into the 19th fringe does not however, mean that the United Na- Amendment draft consequent to the Determination tional Party Government must be given a proverbial of the Supreme Court. As such, it has not been blank cheque to do what it wants. This mistake was subjected to judicial review assessing its constitu- committed once with the Rajapaksas. It must not tionality and amounts to a surreptitious insertion be committed ever again. It is unfortunate there- invoking public concern. For a Government purport- fore that good governance fighters, media activists edly committed to media freedom, imposing penal and leading voices from the Bar have been co- consequences on the private media in such circum- opted into the establishment machinery. Regard- stances is certainly bizarre. less, this Government must be sharply critiqued on The paradox that Sri Lanka faces worryingly incoherent draft legislation as well as its In sum, an unenviable paradox faces Sri Lanka af- lackluster performance on campaign promises. ter a decade of degenerative authoritarianism. On So, as much as the thirsty pleading for wa- the eve of a crucial vote on the 19th Amendment, ter is rewarded with just one drop, former Minster numerous appeals have been issued to President was arrested at the eleventh hour, Sirisena urging the use of executive power to bring just before the 100 day programme lapsed. The both his rumbustious party and unruly elements of distasteful Central Bank bond scam with a commit- the Government to order. tee of government lawyers apparently whitewash- So in the same breath as crying for the ing the Governor is another example. abolition of the executive presidency, we also de- And the mishmash with the 19th Amend- mand swift presidential intervention to correct a ment continues. On Monday, it was discovered chaotic political process. Despite this pressure, the that, following the Supreme Court ruling, additional President’s determination to refrain from excessive clauses had been smuggled into the amendment. use of the executive powers vested in his Office is One such addition subjects any private broadcast- clear. ing or telecasting operator or any proprietor or Even with all the tumult ringing noisily in publisher of a newspaper to a fine and a maximum our ears, one cannot but admire the restraint thus of three years imprisonment upon indictment be- displayed. fore the High Court, if the guidelines issued by the By Kishali Pinto Jayawardena Elections Commission are infringed without reason- -Sunday Times—26/04/2015

an international inquiry into the issue in question TNA & Sinhala sensitivities reinforces that position. If the Tamils being the ag- Siddharthan, in an interview with this newspaper, grieved community are however sensitive to Sin- raised several salient points. Among those was that hala feelings, is not only magnanimous, but is also though there was a need for an international war an indication of how far-sighted they are in regard crimes tribunal, presumably to investigate into hu- to the Tamil or national question. man rights abuse by the security forces during the They do realize, that any solution to this closing stages of the LTTE war, such an investiga- issue, shouldn't hurt the sensitivities, in particular tion however should not lead to the alienation of of Sri Lanka's 70% strong, Sinhala Buddhist major- the two major communities. ity. Siddharthan, on this contentious issue, is A solution to this problem can be found seemingly airing the TNA viewpoint. only if there is consensus among the island's two This is quite different from the position held by the major communities.The Tamils, or at least the TNA, TULF in the past, which 'swept' the 1977 general realize this. And so does the Government and even elections to become Sri Lanka's second largest po- former radical Sinhala parties such as the JVP. litical party in Parliament, on the separatist card. So, a change for the better, has, at last, seemingly TNA may be considered as being a dove dawned upon the country. compared to the TULF, from which it was spawned. -Editorial And Siddharthan's view of being sensitive -Ceylon Tdoay - 29/04/2015 to the majority community's feelings in regard to

Human Rights Review : April - June 8 Institute of Human Rights CURRENT ISSUES 9 19th Amendment: Why this indecent haste? In proposals on constitutional reform circulated in the form of a discussion paper some weeks ago, Prime Minister Ranil Wickremesinghe sought to drop the president’s role as ‘Head of Government.’ The changes proposed by Wickremesinghe would have made the president virtually subordinate to the prime minister, by stipulating that the president shall ‘always, except in the case of the appointment of the Prime Minister,’ act on the advice of the prime minister. However according to the 19th Amendment published in the government gazette of March 16, 2015, the President of the Republic of Sri Lanka remains ‘Head of Government.’ The language of Article 30 of the Constitution remains unchanged, except that the president’s term of office is reduced from six years to five. Opposition pressures and divisions within the Cabinet itself, prevented what looked like a heist of the powers of an elected president, by an unelected prime minister. For several reasons the UNP’s desire to rush the passage of the 19th Amendment, dissolve parlia- ment on April 23 and hold elections immediately thereafter seems ill advised, if not suspect. These are re- forms that will have far reaching consequences on the structure of the state (not just the current parlia- ment) and on the way the country is run. Shouldn’t they be subjected to wide-ranging debate, if not a ref- erendum, before they are adopted? -Daily Mirror - 29/04/2015 19A Passed with major Amendments should seek the advice of the Prime Minister when appointing members to the Cabinet The much awaited 19th Amendment to the Constitu- was also amended upon agitation by the Opposition. tion was passed in Parliament yesterday, mainly af- It was replaced with the clause that requires the ter the Government agreed to incorporate a clause President to consult the Prime Minister only if the proposed by the Opposition that the Constitutional former wishes. Council should consist mostly of MPs. -Daily Mirror - 29/04/2015 Also the next contentious clause that the President Three member committee on Treasury bond scandal recommends

FULL SCALE PROBE and monitoring mechanism has to be immediately The committee has observed that the bidding pat- implemented with regard to the activities of the tern of Perpetual Treasuries at the band auction in PDD and primary dealers. question was unusual. “The committee also observes that an in- “In the interest of the public since the said ternal document of the Central Bank that contains transaction involves public funds and fiscal regula- statistics that are highly confidential is in the public tions of the government, the committee is of the domain. The availability of the said document on opinion that a full-scale investigation authority is the web, newspapers, private circulation, complete warranted. with all signatures of CBSL officials leaves room to The committee has observed that “there is doubt the sanctity of sensitive confidential informa- a serious lack of transparency pertaining to the ac- tion within a secure environment of the CBSL. The tivities of the PDD (Public Debt Department) of the committee had been informed by the officials of the CBSL (Central Bank of Sri Lanka). CBSL that no internal inquiry had been initiated up There is no proper supervision of the activi- to date with regard to the question of the said ties between the primary dealers and the PDD. document appearing in the public domain. There is no recording of calls, there is no log of any The committee said in the report that documents received, no supervision of electronic bonds that are issued are never closed, and the footprint such as text massage and emails between bonds issued several years before are re-adjusted the officials of the PDD and the primary dealers.” on maturity period and privately placed many years “Since the PDD is dealing with the most later. “This amounts to lack of transparency and sensitive information of the government, the com- opening out for manipulation and suspicion.” mittee is of the opinion that a proper supervisory -Ceylon Today—20/05/2015

Human Rights Review : April - June 9 Institute of Human Rights CURRENT ISSUES 10

Up to president to act on COPE report: DEW Commenting on the remarks made by Prime Minister Ranil Wick- Parliamentary Committee on Public Enter- remesinghe on not being summoned by the com- prises Chairman DEW Gunasekara said today it was mittee, Mr. Gunasekara said Mr. Wickremesinghe up to the President Maithripala Sirisena to obtain a should have known better. copy of the report of the sub-committee that He said COPE was mandated to inquire into probed the controversial sale of Central Bank bonds questionable deals of public enterprises and sum- and take appropriate action. mon only officials working there but has no author- He added that the mandate of the COPE ity to summon ministers. sub-committee was not to find any one guilty or "The Central Bank was earlier supposed to exonerate. sell Rs.1 billion of bonds but the amount was in- Mr. Gunasekara told a media conference creased to Rs.10 billion at the auction," Mr. Gun- that he was keen to clarify the conflicting media asekera said and added that the interest rate de- reports and comments by politicians. He said sub- rived from the auction was much higher than the committee was of the view that the sale of the in- rate indicated by the Central Bank to the primary ternational sovereign bonds worth Rs.10 billion dealers before the auction. would have been more beneficial if it was trans- -Sandun A Jayasekera acted at a lower rate of interest.

An extract from Hema Senanayake’s article The Ideology behind rupee devolution is : Arjuna Mahendran's culpability Dangerous proved! Behind it becomes too late, the whole nation should defeat a certain ideology or It has now been proved that: 1) the CBSL artificially dogma. That ideology relates to a person none increased the rate of interest by accepting bids with other than the Governor of the Central Bank of higher yields and discounted prices submitted by the Sri Lanka (CBSL), Arjuna Mahendran. He belied CBSL Governor's son-in-law's company, and 2) Arjuna that market forces should determine the ex- Mahendran as the Governor of CBSL had instructed the change rate of the rupee. He said this openly on CBSL staff to do so directly or indirectly? a TV programme known as Naduwa conducted Now, what the Prime Minister must tell us is by ITN. Further, he said that he believes it when whether the Monetary Board, by February 2015, had the country is in a situation of having over- observed any 'artificial depression of interest rates from borrowed. September 2014 up until the elections' as was observed by Arjuna Mahendran. Also, the Prime Minister must tell His views are nonsense. If any other us whether the Governor of CBSL could act/instruct economist believed this nonsense, it won’t affect based on his personal opinions in performing official our economy. But when Arjuna Mahendran be- duties by ignoring the decisions made by the Monetary lieves in this nonsense, it affects the stability of Board. the rupee and would result in devaluing our cur- -Ceylon Today - 12/06/2015 rency resulting inflation and other bad repercus- sions in the economy. -Ceylon Today – 19/06/2015

“Among a people generally corrupt liberty cannot long exist” - Edmund Burke-

Human Rights Review : April - June 10 Institute of Human Rights CURRENT ISSUES 11 Sampanthan welcomes 19A HRW Criticizes The leader R. Sam- Maj. Gen. Dias’s promotion panthan while welcoming the passing of 19th Amend- ment to the Constitution emphasized the need of ex- Maj. Gen. Jagath Dias, who led the pediting the process to resolve the ethnic issue in the Army’s 57th Division during the last two years country. of the civil war with the Liberation Tigers of Sampanthan speaking to media on the over- Tamil Elam (LTTE), was appointed Army Chief whelming support to the 19th Amendment in Parlia- of Staff, one of the armed forces’ highest post. ment on Wednesday said: “President Maithripala Although effective 7th May, 2015, the appoint- Sirisena fulfilled one of the pledges given by him to ment was only made public on 15 May. the people at the presidential poll by passing the 19th “Sri Lanka’s new government has Amendment to the Constitution. 19th Amendment to promised genuine accountability for wartime the Constitution will strengthen the democratic sys- abuses, but naming the general of an abusive tem further in the country. This amendment will also unit as the Army Chief of Staff is a slap in the safe guard the integrity of the country and the dignity face for victims”, said Brad Adams, Asia Direc- of the independent Commissions.” tor. Elaborating further on the 19th Amendment “Members of the UN Human Rights the TNA leader said that the amendment has brought Council expecting genuine accountability is Sri an end to the draconian powers, which remained in Lanka need to closely scrutinize the govern- the executive presidential system. ment’s actions.” “By bringing in the 19th Amendment to the

Constitution the TNA believes that a new era is un- -Ceylon Today-18/05/2015 folded on the path to traverse for a durable solution to the ethnic crisis” Sampanthan stated. -Ceylon Today-01/05/2015

The politics, economics and fundamental rights of grand corruption in Sri Lanka

The majority SLFP remnants of the old parliament, after initially showing false enthusiasm for President Sirisena’s good governance agenda, are shamelessly re-joining the rearguard movement to bring back , which could only mean the entrenchment of the commanding heights of corruption. The leadership of the minority (UNP) government has been anything but salutary. In fact, it has been counterproductive to the promises it was supposed to deliver on. First, it took power for granted de- spite its minority status and failed to demonstrate that it was serious about good governance. Second, it made no serious or sincere effort to create a consultative and consensual parliamentary process even in the short-term and for the limited but significant purpose of delivering on the key promises in the 100-Day pro- gramme. Third, it has failed to organize, as I have already noted, a consistent and coordinated onslaught against the commanding heights of corruption. Grand corruption requires more than ordinary law enforcing agencies for its eradication. I am not suggesting extraordinary laws, but law enforcement must be comple- mented by political, economic, educational and cultural initiatives. To date, there have been no substantial statements in parliament on the scope and extent of corruption under the previous government, how the present government is proposing to deal with them, and what should and could be done to prevent grand corruption in the future. By Rajan Philips -Sunday Island - 24/05/2015

Human Rights Review : April - June 11 Institute of Human Rights CURRENT ISSUES 12 Sobhitha Thera interviewed by Subashini Gunaratne

Q : Why will you distance yourself from politics one has a common expectation on behalf of the when you initiated the fall of a government and country. This is all a great sham. being someone who can build a force in this coun- try? Q : So, this victory for which large sacrifices were A : No. I will distance myself very soon from all of made is also a sham? these things. Nothing is worthwhile. A : Yes, it is worthless. There is no meaning to it. It is of no use at all. We cannot move forward without Q : It seems as if you are disgusted? changing this system. Everything has been politi- A : I am severely disgusted. People have personal cized. The helpless have nothing. expectations, not to adopt 17A or 18A. To get chil- dren into school. To get a transfer. Everything is a Q: Are you disgusted with the people or with the farce. Neither 17A nor 18A is required. No one is administrative authorities? interested in doing something on behalf of the A : It is of no use. What we did is useless. There country. Anyone will betray anything to obtain are no results. It was in vain. membership in Parliament or a ministerial post. No -Ceylon Today – 28/06/2015

President Sirisena saved UNP from being hijacked UNP should defend the President from Rajapaksa cronies

It is in the interest of the UNP to defend the This failure in bipartisan governance is also President who has been targeted by the Rajapaksa responsible for the current legislative deadlock and cronies because much of the new found legitimacy resulted in two no-confidence motions, against the of the UNP emanates from the President and his Prime Minister and the Finance Minister. election victory. That has also seriously eroded the promise Thus by defending the President, UNP de- of a future national government, which the UNP fends itself and fosters goodwill to govern the leadership is proposing to set up after the elec- country, hopefully, after the forthcoming general tions. elections. However, the UNP seems to have differ- The stalemate on the 20th Amendment is ent calculations. Its actions have made it hard for also denting the allure of the democratic reforms. President Sirisena to consolidate his leadership in The delay is partially caused by the UNP’s lack of the SLFP. enthusiasm in passing the electoral reforms, which The UNP cherishes the prospects of a it believes would be a disadvantage to the party in weaker SLFP, and a possible split along the line of short term. It has insisted that the general elec- Rajapaksa loyalists and the loyalists of the Presi- tions be held under the existing PR system, which dent. however is likely to be the case since the Elections By trying to foster that split through vari- Commissioner has also stated that it would take a ous insidious means, the UNP is weakening the year for voter education and delimitation. moderate progressive faction of the SLFP, and by On the positive side of its balance sheet, extension, the president’s writ within his own party. the UNP, after an initial dilly-dallying, has launched That is dangerous and self injurious stuff. investigations into corruption and abuse of power And the UNP’s inability to adequately en- during the former regime. gage the SLFP Ministers and the SLFP leaders in The degree of independence in those legal what is meant to be the current national govern- procedures, which are underwritten by the 19th ment, of which the ruling party itself is the minority Amendment, is new to the Sri Lankan context. partner, has now led to a partial anarchy in govern- Hence they give little reason to believe Rajapaksa’s ance. hypocritical cants about a witch-hunt. (Continue on Page 13)

Human Rights Review : April - June 12 Institute of Human Rights CURRENT ISSUES 13

(Continue from Page 12) The UNP’s mishandling is bound to back However, the UNP can do better. Why it is fire, both on the party, and worse still, on the to be blamed for the failure in bipartisan govern- country. It weakens the President and empowers ance during the last four months? Is it the party, the Rajapaksa cronies at the expense of the SLFP which is in a position of strength vis a vis the SLFP. moderates. Hence it is in a better position to give and The UNP should help the President to con- take, than its counterpart, which has to worry solidate himself in the SLFP. It can do so by engag- about saving its face (At least that of the moder- ing in consensus driven politics with the SLFP, ac- ates of the SLFP, who opted for the national gov- knowledging the SLFP’s numerical strength in the ernment) and to defend themselves against ma- House and keeping the SLFP leadership updated on rauding Rajapaksa cronies. the progress on corruption investigations. By its failure, the UNP has strengthened the It should help the moderate SLFPers to out- very forces that seek to weaken the new President. manoeuvre Rajapaksa cronies. To do that it should (Some of the local cronies of Basil Rajapaksa in treat the SLFP with respect. Sadly though, the UNP Gampaha have passed a resolution demanding the is not doing any of that. removal of the President.) By Ranga Jayasriya -Daily Mirror - 09/06/2015

Vasavilan villagers back in action one’s home for most of these villagers, who could now breathe a great sigh of relief, that after the Return of the denied land President’s announcement of the release of the 425 The village of vasavilan in the Jaffna acres of land that belonged to the people of Va- peninsula is finally being resurrected after it savilan. virtually disappeared nigh 27 years ago caught President Maithripala Sirisena last month up tin the disastrous ravages of war. Its ruddy, announced that his government has set high priority sandy road would soon be traversed once more to resolve the land issues of the people in the North by the returning villagers. and East and had requested the release of 425 acres About 14km from Jaffna, through Achchu- of land in Jaffna to its original Tamil owners after veli, on the dilapidated sandy roads, passing the years of occupation by the Sri lLankan military. Ac- Ottagapulam Army camp, one would reach Va- cording to statistics there are about 6,000 occupied savilan which is being cleared to resettle around 80 lands that have to be released. families. -Ceylon Today-19/04/2015 It has been 27 years of longing to return to Now the war is over, where do they go? and development problems. Demobilised soldiers can A gradual reduction of elite infantry brigades. The total be offered vocational training in military strength should be high population now stands at 21, chosen fields or be given the on the new government’s agenda, 866,445. choice of retiring with a lump sum but it isn’t even being thought of. Thie existing army is sim- as is the case with other state After three decades of ply too large given the country’s sector employees. It is better to civil war, Sri Lanka has an over- current fragile economic strength ensure to minimise the socio- blown military force. In 2010, two and lack of any threat warranting economic causes of future rebel- years after the war ended, the the need for such large combat lions and make sure they won’t army had roughly 200,000 active forces. happen rather than spend colos- personnel and between 20,000- What should be done is to sal amounts to crush them when 40,000 reservists and 18,000 na- downsize it to a professional de- they do. tional guardsmen, a total of 13 fence force, and use that money -Daily mirror - 27/04/2015 operational divisions and several to solve urgent unemployment

Human Rights Review : April - June 13 Institute of Human Rights

14 CURRENT ISSUES Northern Spring Programme... 86 villages still powerless

Under the 100-day programme of the pre- At the same time, 86 villages are yet to obtain sent government, during the past three months electricity. Also 271 places in the Jaffna Peninsula between January to March, 2 villages in Vavuniya, are completed with electricity circuits but power 12 in Mullaitivu, 3 in Mannar, 13 in Kilinochchi and supply is yet to be provided. 1 village in Jaffna were provided with electricity. People complained that many villages were Altogether 31 villages were provided with neglected by the Electricity Board under the North- new power connections and electricity circuits were ern Spring programme. re-constructed in 77 villages. -Ceylon Today - 30/04/2015

Protest in Mullaitivu against confiscated land Government’s order to release the lands to the legitimate The Villagers of Od- Divisional Secretary’s office de- owners. dusuddan in the Mullaitivu Dis- spite a call by officials from the The protestors also trict staged a protest against office to abandon the protest. shouted loud demands for the alleged confiscation of private The protestors, carrying placards removal of the Divisional Secre- properties of the people in the with slogans demanding an im- tary who was not carrying out area by the Gvernment Divi- mediate end to the illegal land the directive of the Government. sional Secretary of the district… acquisition said that the Divi- The protest was staged sional Secretary had failed to -Ceylon Today—01/05/2015 on Wednesday (13) opposite the hand over their lands despite the

Sampanthan confident in MS “We were not asking for a federal solution For a viable political solution to the ethnic problem. In 1933 Kandyan leaders asked a federal form of political solution. In 1972 Leader of Tamil National Alliance(TNA) Par- our leader S.J.V.Chelvanayakam alias ‘Thanthai liamentarian Rajavarothiam Sampanthan, ex- Chelva’ asked for political solution based on feder- pressed confidence that President Maithripala Siris- alism. That demand was rejected in 1976 and ena would table a justifiable political solution based thereafter Chelvanayagam had declared Tamil Ee- on autonomy in the traditional homeland of Tamils lam at Vaddukoddai convention. He then resigned to the Tamil ethnic problem before the Sinhalese from the Parliament and sought reelection from people. Kankesanthurai electorate and won with a hand- “We have high hope that President some majority,” he said. Maithiripala Sirisena would speak to the Sinhala Sampanthan said that the TNA was forced community with an open mind seeking support to to clamor for a separation of the country due to the find a sustainable political solution to the six dec- adamant attitude of the governments in power. ade old Tamil problem,” Sampanthan said. However, Chelvanayagam was very confident that Sampanthan further stated that his party is a reasonable political solution to the ethnic problem not asking division or a separate State in the coun- could be found. try. -Ceylon Today - 12/05/2015

Human Rights Review : April - June 14 Institute of Human Rights CURRENT ISSUES 15 Special Court to hear case: MS Later, at the Jaffna Governor’s residence, the President met the parents of 18-year-old President Maithripala Sirisena, who paid a Sivaloganathan Vithya, who was gang-raped and surprise visit to Jaffna yesterday assured that a killed last week. He expressed his deepest re- special court (Trial-at-Bar) would be set up to en- gret over this senseless tragedy which shocked sure speedy justice in the gang rape and brutal and shook the country. slaying of the schoolgirl at Pungudutivu in Jaffna. The President also asked the students how “We cannot allow such incidents to happen they were faring in their educational activities and again in any part of the country,” he emphasised about any shortcomings they faced in their educa- when he met students from 17 schools in the tional requirements. Northern Province at the Wembady Girls’ School in -Ceylon Today - 27/05/2015 Jaffna. Filling the vacuum to converse in Tamil is important to establish a rap- port with the Jaffna community and also t o con- vacuum has been created in the North. It's duct investigations. A not a power vacuum, but a law and order vac- One cannot try to garner information from uum. That is exemplified by the seeming lawless- Jaffna civilians if one isn't conversant in Tamil. ness sweeping across the peninsula, culminating in The government needs to give priority to have the rape and murder of a schoolgirl from Pun- Tamil speaking policemen serving in the North and kuduthivu, a suburb of Jaffna last week. East as a matter of urgency, in order to ensure the That vacuum was caused by the end of ter- reestablishment of law and order, especially in the rorism and the withdrawal of militarism, post 8 peninsula, once more. January 2015. For a period of 36 long years, beginning The rule of law, under the overarching um- with President J.R. Jayewardene's order to the brella of the normal laws of the country is once Jaffna Security Forces Commander, Brigadier Tissa more prevailing in the North after the recent re- (Bull) Weeratunga in 1979 to wipeout terrorism in gime change, but, as current events prove, what is all of its forms from the North by the end of that now needed is enforcement. year, and until the beginning of the current year, it For that the law enforcement system needs was the gun which ruled the roost in Jaffna. to once more work. Police stations, which were pre- The Jaffna man, repressed for so long by the barrel viously closed or destroyed due to terrorism, need of the gun, is now free. That gun was wielded by to reopen depending on the current needs of those both the military and the Tamil terrorists alike. But, areas in relation to demographics. the reaction to the newly found freedom in Jaffna, Most importantly, there need to be police- as recent events have shown, is similar to the free- men who are conversant in Tamil serving in those dom of the wild ass. places. Breaking the language barrier by being able -Editorial-Ceylon Today - 28/05/2015

A quotation from Capt. Elmo Jayawardena “Why am I silent?” Ideal time to ask the question

We may not be able to change the tide, but More than anything else we need an eradi- at least we can try our best to bring some honesty cation of corruption and punishment to the cor- to the governance of our mother-land. rupted. That is paramount. Sadly we seldom saw We do not need a country that is flowing that with the Chinthanaya or the Yahapalanaya. with milk and honey as it is depicted on TV screens Thank you Nanda Malini and thank you and news-papers and celluloid. We have had enough Sunil, you woke me. Maybe I can wake a few others of two colour politics and promises for 67 years. We too. After all, this is our beloved homeland that is need a land where people live in peace, where eve- suffering and going down the drain due to political ryone has three square meals, a child has a school, decay. a hospital has doctors and medicine and a family [email protected] shelters with a roof over their head and some rea- sonable employment to earn a decent living. Human Rights Review : April - June 15 Institute of Human Rights CURRENT ISSUES 16

Koslanda Tragedy turns calamity that will not make me forget the look on my son's face who was buried alive. We may build houses, The narrow stream that cascade down the but I will not have peace of mind until my death," Meeriyabedda Mountain is silent. The noises made Sellaiya Kandasami said. by the people who lived close to the stream are no Their lives have become a mere publicity longer to be heard after the catastrophic events of game for politicians who have no regard for the 29 October 2014. blood, sweat and tears that they had shed to make Of the 354 villagers, 37 were buried alive the upcountry plantations prosperous. on that fateful morning. Their aggrieved kith and Some 275 in 83 families, who survived the kin were removed from the area by the National landslide, live in the old tea factory in Punagala, Building Research Organization (NBRO) who desig- Mahakanda. Seventy persons in 27 families live in nated the area as landslide prone. When we visited Ganesha Tamil School of Koslanda. Nineteen more there, the people were still in three camps for the people of six families live in Mariamman Kovil of displaced even after five months since the disaster. Uda Viharagala. They were all residents of the The empty rhetoric of the politicians about the relief Meeriyabedda village but they were separated as granted to them has not made any change to their the road that ran across the village was completely lives. buried under earth due to the landslide. "People who visit us claim that we have Five months have passed after a massive been given all the facilities including food and wa- natural disaster in which an entire village was bur- ter. But they do not understand what it is like to be ied. Survivors share lives in the camps amidst the destitute in our own land," 57-year-old Sella- memories of the departed kith and kin. muththu Mariyai said. -Ceylon Today—12/04/2015 "One day they may grant us houses. But

day (29). Tamil journalists’ woes continue “No reason was given for the summons that eporters Without Borders (RSF) and Journalists the Crime Division issued yesterday to R for Democracy in Sri Lanka (JDS) said they Anthony Thevarajan Mark of the Rupavahini Corpo- were concerned that the Sri Lankan authorities “are ration, resuming practices designed to intimidate Tamil Jude Pelistis of ITN, freelancer Lambert Ro- journalists” despite the change of government. sairo and Ponnaia Manikkavasagam, who works for Following recent arrests and summoning of the BBC and the Tamil daily Veerakesari. Journalist Tamil journalists by security forces, the two media James Joseph Fernando was summoned by the po- rights groups, said that “harassment of the Tamil lice on 26 April and questioned about articles pub- media has bee growing in recent days.” lished in 2009 in Veerakesari that criticized actions “This increase in acts of intimidation carried out by the government as part of its policy against Tamil journalists is disturbing,” said Benja- of resettling the north. min Ismail, the head of the Reporters without Bor- Police in the northern city of Jaffna arrested ders Asia Pacific desk. N. Logathayalan, a freelance journalist working for “Four Tamil journalists based in the north- the newspaper Uthayan, on 8 April because of an ern areas of Mannar and Vavuniya were summoned article implicating Jaffna-based officers in a case of for questioning by the police in Colombo on Tues- police violence. He is to appear before a judge on day (28) just days after another journalist received 29 May. Two other journalists have reported being a similar summons that resulted in his being the victims of police aggression,” the statement charged with publishing false information,” RSF and added. JDS said in a joint statement released on Wednes- -Ceylon Today—01/05/2015

Human Rights Review : April - June 16 Institute of Human Rights CURRENT ISSUES 17

US PRESSES GOVT....NOTIFY FAMILIES IMMEDIATELY OF LIVING POLITICAL PRISONERS...

The Unites States yesterday strongly urged the government in Colombo to immediately convey to relations of political prisoners details of where they are now held. US Assistant Secretary of State for Democracy, Human Rights and Labour, Tom Malinowski, stressed at a specially convened media briefing yesterday the deep humane need to understand the fact that knowing what has happened to missing and 'disappeared' loved ones is of intense concern to so many families in many parts of Sri Lanka.

Appreciatively he said that though "Nothing is yet settled in Sri Lanka, something has begun towards resolv- ing issues, Sri Lanka faces and it's not due to any pressure from the international community but because of the will of the Sri Lankans themselves who want it".On finding a conclusive end to the issues pertaining to missing and 'disappeared' persons, Malinowski said, "The US does not expect the new Sri Lankan govern- ment to resolve the issue of political prisoners, the lost and the disappeared, in the coming months.

But their families deserve to know of their fate; whether they are alive or dead, and if they are alive, there's no reason to wait, [to inform the relatives] as it is relatively straight forward. " and that should happen soon" he emphasized. -Ceylon Today - 05/04/2015

TNA wants action on war crimes resolve the post-war humanitarian issues in the North and the East. "We wonder how far the inter- The Tamil National Alliance (TNA) has em- nal investigation into the alleged war crimes and phasized that based on the UN report on the al- human rights violations will be carried out success- leged war crimes committed during the last phase fully. We have hardly any faith in the internal in- of the war in Wanni in 2009 the perpetrators should vestigation. However, based on the UNHRC's OISL be severely dealt with. report which is expected to be released in Septem- The TNA delegation led by R. Sampanthan ber this year , the perpetrators of war crimes met the visiting UN Special Rapporteur for Truth, should be severely punished ," Sampanthan said. Justice, Reparations and Guarantees of Non- The TNA leader also pointed out to the UN Recurrence, Pablo de Greiff last Thursday (2) in official the delays in releasing the Tamil political Colombo. prisoners and the Government's lethargic attitude The TNA delegation comprised Parliamen- towards demilitarizing the Northern Province. tarians , Selvam Adai- kalanathan and M. A. Sumanthiran. -Ceylon Today - 06/04/2015 The TNA leader told the UN official that the new Government should expedite the process to

“Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that.” – Martin Luther King Jr.

Human Rights Review : April - June 17 Institute of Human Rights CURRENT ISSUES 18 Excerpts from the address by US Secretary of State – John Kerry

Human Rights and Lasting Peace trying to get answers from the government and demanding answers, and they had every right to oday, there are young people in this country do so. And we knew that it was impossible for us to T who are experiencing peace for the first time try to move forward if we didn’t try to provide those in their lives. We need to hope, we need to make answers. So we did everything possible that there certain – that they will never know anything except was to try to find out what happened to their loved for peace. ones. I traveled to Vietnam something like 17 or 20 And that isn’t easy – recovering from con- times in the span of two years, working with the flict, believe me, never is easy. Under President Vietnamese to let us into their history houses, to Sirisena’s leadership, Sri Lanka’s traditions of criti- their museums, to their documents – even to inter- cal debate, free press, and independent civil society view with the generals that we had fought against are returning. The armed forces have started to to see if we could provide those answers. give back land to people in the north. Your citizens So we experienced the same emotions and have been asked to mourn all the dead – not just the same search for answers that are present in those from one part of the country or one ethnicity your country today. And that is why it is so critical or one faith. Incidents of violence have decreased. for your government to work with the ICRC and the The government has stood up against hate UN in order to investigate missing person cases and speech and created a presidential task force on rec- try wherever you can – I can’t guarantee it; nobody onciliation led by former President Kumaratunga. can that you’ll find the answer for sure – but try to And just this week, the parliament passed and the find wherever the truth may lead. No matter how president championed, a constitutional amendment painful that truth is. It’s the right and the humane that actually limits the powers of his office. Promise thing to do – and it is, believe it or not, an essential made; promise kept. part of the healing process. Now, the problems of Sri Lanka are clearly Now, reconciliation obviously doesn’t hap- going to be solved by Sri Lankans. That’s the way it pen all at once; it requires time and concrete ac- ought to be, but it’s also the only way it’s going to tions. And those have to replace the suspicion with work. And you wouldn’t have it any other way. mutual trust and mutual fears have to be replaced I know you have your own plan and your with mutual confidence. I want you to know that own notions about what is necessary, and by no the United States stands ready to be a partner with means whatsoever do we intend to try to usurp that you in that effort. We’ll do all we can to support the or evade that or dismiss that. That would be inap- government as it makes progress in such areas as propriate and unwise at the same time. But we do returning land, limiting the role of the military in have some suggestions, as friends. And let’s offer civilian life, and trying to provide the answers on four possible areas for cooperation. disappeared people. None of us wants to live in a First – reconciliation. The majority of you country where the military is stopping its own citi- voted for a government that is committed to the zens at checkpoints. And Sri Lanka’s military has so difficult task of literally healing the wounds of war. much more to contribute in defending this country, But that’s a difficult job with many components. protecting vital sea lanes, and taking part in UN Years ago, I want you to know that when I peacekeeping missions all over the world. And as was a member of the United States Senate – in the your armed forces make that transition, we’re going early years in the ‘90s, - I was put in charge of an to be very eager to work with you and to work with investigation to try to determine the fate of Ameri- them and to help. can soldiers, sailors, and aviators who were still -Ceylon Today—05/05/2015 missing from the Vietnam War during the 1960s and the 1970s. The families of those in America whose loved ones had been lost were desperately

Human Rights Review : April - June 18 Institute of Human Rights CURRENT ISSUES 19 ‘Local Mechanism’ to probe war crimes to begin this month? Unearthing of war crimes Who? How?, What?

Dr. Nimalka Fernando

Attorney-at-law and women’s rights activist Dr. Nimalka Fernando said that the civil society’s stance is to have the international experts and standards to be followed and a joint operation to be established. She said that the alleged crimes assumed international dimension and cannot be dealt by local laws and domestic mechanisms. “We are here talking about war crimes and crimes against humanity. We have legal experts but lack the expertise required in dealing with such crimes.” It is disappointing that human rights violations have received only a minimalist approach by the ad- visors of President Sirisena, she added. “I am also wondering why the President has still not established a special investigation into Rathu- paswela, death of Roshan Chanaka and the leader from the fisheries sector during the Rajapaksa era. At least if he had done that the victims and families will have some trust in the present leadership she stressed. Further stating that the government has informed the world that it will establish a domestic mecha- nism and they are aware of the tremendous challenge the present political leaders are facing from a mili- tary-intelligence political combination led by the supporters of the former President and those insiders of the present regime in relation to developing an effective mechanism, Nimalka added, “We have only heard about this mechanism from the media. The Foreign Minister has informed us of a meeting to be convened with the civil society to deliberate on this matter. All domestic mechanisms by way of several commissions appointed have failed to command the respect of the victims. If we see what happened to Vithya’s gang rape and murder, the background for domestic mechanism becomes bleak. It has exposed the vulnerability of witnesses in Sri Lanka.”

Jeevan Thiagarajah of CHA

Executive Director of the Consortium of Humanitarian Agencies, Jeevan Thiagarajah while explaining what the LM is all about and how it would be implemented, he stated that currently a local mechanism ex- ists which he sees in two parts. i.e., the ongoing LLRC implementation processes as well as the Commission of inquiry into disappearances and alleged war crimes. He viewed what a local mechanism ‘may’ need to do is to separate the missing from disappearances and any other alleged war crimes. “This is exemplified by the fact that ICRC shows 16,137 in their Annual Report 2013 as missing and dead due to conflict. This shows the need to separate into different categories.” He also added that: (a) A policy of positive indiscrimination for all those who have suffered losses over time should be there; (b) Where there is a threshold to hear arguments in a Magistrate Court it should be supported as should the families. (c) Legal processes should be stringent on standards of proof used.

Chief Minister of Northern Province C. V. Wigneswaran

Chief Minister of Northern Province C. V. Wigneswaran when contacted to ask whether the Tamil politicians or he knows what the LM is all about he answered, “Frankly I am unaware about such local mechanism. I am on record that Tamils can never accept a LM. It must have a credible and strong Interna- tional input” (Continue on Page 20)

Human Rights Review : April - June 19 Institute of Human Rights CURRENT ISSUES 20

(Continue from Page 19) He went on to say that the government is under pressure – internationally, as well as from the Sinhala diehards and from the Tamils. “Those from the Tamil side are not diehards. They are the af- fected and the victims. They want the truth to come out. That is why a Resolution on Genocide was unani- mously passed. They want truth, accountability and justice. War Crimes need to be investigated into. The International community despite their geopolitical concerns and commitments are generally of the same view. The government fears that the Sinhala diehards with an election coming round the corner would paint the government black saying they are trying to send their Sinhala brethren to gallows and so on. Any open discussion about any such mechanism would bring comments. Especially the comments from the Sin- hala diehards led by an erstwhile head of State could be very disadvantageous to the government. That I think is the reason for such hide and seek attitude, if what you say is true. My observation is that our Sin- hala brethren must be educated to appreciate the difference between prosecuting a war and purposefully and deliberately killing innocent civilians only because they belong to the same community as those who opposed them in the war. He added: It is our duty to bring our people to the side of sanity, humanity and goodwill. If for the sake of their votes we want to tell them one thing before the election and attempt to do a different thing after the election the consequences would be quite unpleasant. SWRD came into power promising Sinhala only in 24 hours. When he tried to give Tamil also some legal position by his Reasonable Use of Tamil Bill the Buddhist Priests asked a pertinent question. The Pancha Maha Balavegaya went out of their way to bring you to power because you promised Sinhala Only. How dare you now speak of Tamil also! Therefore we must be honest in what we say and do right from the beginning and not take our peo- ple to be fools. It might be difficult but if you are convinced that there should be reconciliation among our people you must start talking reconciliation from the beginning, not pander to the baser instincts of our people. All politicians think they are cleverer than the people. But they are not. At least now let us under- stand the perennial truth in our Sinhala saying – kerler kerler dey pala pala dey! (You reap what you sow). Although the Foreign Ministry yesterday reiterated that Sri Lanka is not a signatory to the Rome Statute regarding international jurisdiction with regard to war crimes, a strange ‘Tweet’ from former peace envoy Erik Solheim who recently tweeted “UN High Commissioner Zeid bin Ra’ad assures me he will release the SriLanka report in September. It will contain surprises.” We, the Sri Lankans who have been seeing ‘surprises’ all along in the past, however are not surprised over the ‘surprise’ Solheim is talking about, and are looking forward to it. By Sulochana Ramiah Mohan Ceylon Today - 07/06/2015

Geneva in Focus once again! into direct witnesses at the Geneva session, with regard to the ‘White Flag’ affair. Three startling revelations on the final mo- As several contradicting information on the ments, particularly with regard to those who had ‘White Flag’ issue had already surfaced in Sri surrendered with the white flag to the Security Lanka, some of the immediate family members of forces at the end of the war have been made at the the key LTTE figures such as Nadesan, Pulithevan 29th session of the United Nations human Rights and Malarvan had revealed first hand information council in Geneva on 25th June. on the ‘white flag’ issue strengthening the evidence The son of P.Nadesan, the Leader of the with regard to the alleged war crimes committed Political Division of the LTTE, the widow of during the final phase of the war in Wanni in 2009. Pulithevan, the Secretary General of the LTTE’s Peace Secretariat. And wife of Malaravan, the -Ceylon Today - 27/06/2015 leader of the administrative division, had turned

Human Rights Review : April - June 20 Institute of Human Rights CURRENT ISSUES 21 A brief summary of Jeevan Thiagarajah’s report on the Role of the Human Rights Commission of Sri Lanka

The Human Rights Commission of Sri Lanka (HRCSL) was established in 1996 with the broad task of pro- moting and protecting human rights within Sri Lanka.

The HRC in action The disadvantaged, dispossessed and disenfranchised remain the justice constituencies of the Constitution of Sri Lanka for whom our systems of justice and protection ought to show an ethic of care, as well as of human rights. If this statement were to be a reality we need to ask if the HRC can support the realization of that dream.

A case study Methsevana state House of Detention in Gangodawila is the only state owned detention centre for women in Sri Lanka, maintained by the Dept. of Social Services, serves as a prison, vocational training centre and rehabilitation centre. In 2003 the Institute of Human Rights (IHR) made a complaint to HRC with regard to the detainees at Methsevana.

HRC conducted investigations at the Methsevana and released a report in 2004.When HRC visited, Meth- sevana consisted-Women - 278 / Children - 16 / Mothers with children - 18, totaling 312 inmates. 73 women were mentally unsound!.

Who are these detainees? Women picked on the road by police, for various reasons on any part of Sri Lanka, are detained here under Vagrant Ordinance. Women sent for protection and care are also detained here.

Some of the recommendations by HRC in 2004

1. Immediately address the problems associated with detention without the proper court mandate, includ- ing no-date detainees, detainees held after their sentence, the refusal to release detainees without a guardian and the detention of women who have not committed punishable offences.

2 Meet with the Departments of Social Services and Judiciary and local magistrates. Formalize a uniform sentencing procedure that requires judges and magistrates to specify a release date upon sentencing, that mandates detention only upon a charge or conviction of a punishable offence and that prohibits a house of detention from detaining adult women simply because they have no guardian.

4. Convert at least part of the detention centre into a shelter for women. Address the specific needs of chil- dren and women with mental illness.

5. Guarantee healthy, safe and sanitary living conditions.

(i) Priority funding to fill the vacancies in the approved cadre, including two nurses, seven attendants and 12 supervisors.

Employ detainees to complete daily cleaning and upkeep of the grounds.

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Human Rights Review : April - June 21 Institute of Human Rights CURRENT ISSUES 22

(Continue from Page 21) (iv) Reinstate the rehabilitative mission of Methsevena Detention Centre. Encourage vocational training and compensate women who participate. Award a proper certificate upon completion of unpaid vocational train- ing programmes.

In April 2011 IHR once more petitioned the HRC seeking - ♦ Implementation of the recommendations of HRC in 2004 with revisions if any!.

♦ Ensuring all who are 18 and above are provided an opportunity to determine their future as adults.

♦ Resolve the discrepancy regarding the definition of vagrant in the Vagrant's Ordinance and the House of Detention Ordinance. Amend the House of Detention to include a provision that all adult detainees should be released upon expiration of their sentence, notwithstanding that any person claims custody of the detainee.

♦ Convert at least part of the detention centre into a shelter for women - Furthermore: Where mothers are involved, the mother and child are given full rights to parenting. - IHR sought to assist all inmates 6 months prior to and 6 months post release on issues of reintegration. Consent is sought

♦ A quarterly review on progress, issues and solutions until no further attention is needed

A few broad conclusions - Citizens poor and homeless categorized as Vagrants, whose care maintenance was found lacking without voice notwithstanding the stirling recommendations of the HRC in 2004 most of which remained unaccomplished in 2011 and today in 2015 some progress has been made but the major issues still remain.

UNIT REPORTS

Case Studies from Jaffna

26 years old labourer got married in 2000 and they 36 year old lady, employed as a government were living happily. He was a non alcoholic and non officer and her husband was working in private smoker. 2 years after his marriage his habits started sector. She called over at our office to com- to change as consuming liquor. When the wife ques- plain about her husband who is a heavy alco- tioned about it, they were quarreling among them and holic and a smoker. He was not looking after he used to tear clothes. This situation prolonged for 10 the family and the victim has been looking years. He never gave money to his wife as such she after her school going children. Husband was had to earn by doing adhoc work to look after her called to our office for a consultation and he school going children. She called over at our office for was consulted by our lawyer for couple of oc- legal advice. We sent a letter to her husband to call casion. He promised our lawyer to give-up over at our office. drinking and smoking. He thanked our lawyer Both husband and wife were consulted. Hus- and the office staff for the counseling. After band promised in writing that he will live with her two months we visited the client’s family. We without creating unpleasant situations. Now he has found them living happily and being involved stopped taking liquor. They live happily and they are in home gardening and animal husbandry. building a new house.

Human Rights Review : April - June 22 Institute of Human Rights UNIT REPORTS 23 AWARDS CEREMONY

The awards ceremony of the Certificate & Diploma Courses in Human Rights was held on 21st April 2015 at the Auditorium of Ministry of Justice. A total of 75 participants were awarded with certifi- cates.

These courses were funded by Ministry of Justice and the programme was conducted for the staff of the Ministry of Justice. Mrs. Kamalini De Silva -Secretary, Ministry of Justice was the Chief Guest. Mr. Sunil Samaraweera – Additional Secretary (Admin), Mr. Arandara – Assistant Secretary, Mr.S. Thurairajaha (Senior Solicitor General of AGs Dept) –Resource person and IHR Education Coordi- nators Ms. Priyanthi, Ms. Unita and Ms. Hashini Were present. Mr. S. Thurairajaha explained the out- line of the two courses. Vote of thanks was delivered by Ms Priyanthi Gamage.

Chief Guest addressing the participants

A participant receiving the certificate

Certificate Course Batch

Diploma Course Batch

Human Rights Review : April - June 23 Institute of Human Rights STAFF INFORMATION 24

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

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

Head Office

01, Gower Street, Colombo 05

Branch Office

Jaffna

Urelu East, Chunanagam

Human Rights Review : April - June 24 Institute of Human Rights