THE MEDIA ANALYSIS September 14, 2015 – September 20, 2015

Vol.05, #36

An In This Week’s TMA: Aperture 01 02 03 04 The OISL PM’s visit: Child rape The Gap report: CEPA takes and murder: Analysis into the “response” centre-stage media fuels approach public outrage ignores Sri Lankan reforms Mindset

01. The OISL report: “response” approach ignores reforms Nationalist opposition to an international investigation is usually The Media Analysis framed as opposing ‘neo-colonial... <> Includes: 02. PM’s visit: CEPA takes centre-stage Prime Minister Ranil Wickremasinghe’s visit to India last week A concise summary of the main saw renewed discussion of the controversial India-Sri Lanka Comprehensive Economic... stories in the Sinhala press <>

Cutting-edge analysis, research and 03. Child rape and murder: media fuels public outrage fact checking The press coverage of the rape and murder of a five-year old girl in Gampaha, the most populous district in Sri Lanka, gave rise to In-depth Gap Analysis of Sinhala and three key observations... <> Tamil newspapers Insight into public opinion formation 04. The Gap Analysis The Tamil press reported excessively on the release of the OISL report that was welcomed as the first step towards serving justice to the Tamil community affected... <>

05. Other topics covered in reportage

06. This week’s cartoon

1 Politics | 01. The OISL report: “response” approach ignores reforms International Relations

Issue: Responses to the OISL report remain within a nationalist framework.

Opposing the hybrid court Zeid Ra’ad Al Hussein).4

■■ The government must immediately reject the idea of a ■■ The GoSL will implement the hybrid court comprising hybrid court proposed to investigate allegations of grave of international judges. This was proposed by the UN war crimes. Such a court would violate the country’s Human Rights Commissioner’s OISL report on alleged democracy. This report is peculiar; we should not accept war crimes. The UN will not influence with the appoint- it since they have not suggested such a court for any ment of judges. Samaraweera says that the domestic other country. In principle the government must be able mechanism will commence in October and will be com- to reject it. The government must counter argue this with pleted by January 2016. The report will be compiled in the reports by Maxwell Paranagama and Desmond de 18 months (the Divaina, Ada, Dinamina, Lakbima and Silva” (Dayan Jayetilleka).1 the Rivira editorials).5 ■■ The proposed mechanism is different from decisions ■■ The OISL report is published. Many seem to be inter- the UNHRC had made on other countries. The UNHRC preting it even without reading it. It is not surprising speaks so high of democracy. But this mechanism will that this happens in a country where reviews are done disturb the democratic structure of this country. It is on books without reading them. The report recommends a setback to democracy to agree with the hybrid court amending the stubborn way in which Sri Lanka behaves. without knowing what it will comprise of or its nature. It It also recommends taking theoretical advice from is obscure as to how the establishment of a hybrid court abroad when necessary. It is the people who suffer when unique to the north and east will look at the atrocities the a state acts ruthlessly in the face of a crisis. The report LTTE committed in the south. How will investigations recommends bringing justice to the people who suffered commence to investigate murders the LTTE committed, in the north and south (the Sathhanda editorial).6 which the OISL report refers to? These should have been Better governance leads to better relations with resolved prior to agreeing to the report (the Divaina the international community editorial).2 ■■ “We will receive the international community’s support ■■ “The hybrid court is an international court. The UNHRC to go forward while respecting Sri Lanka’s sovereignty. controls this no matter where in Sri Lanka the office is. It has already commended the strengthening of democ- This is clearly not a domestic mechanism but a branch of racy according to principles of good governance. We will the International Criminal Court (ICC). Despite the new convince the international community that the present government saying they saved the country, they brought Government of Sri Lanka (GoSL) will be more pro- an international investigation to the country. It was in gressive than the previous regime” (Minister of Justice the colonial era white judges heard cases. It is obvious Wjeyadasa Rajapakshe).7 from the foreign minister’s statement that foreigners will be allowed to hear cases and define a military that ended ■■ “I would like to request the international community the war as criminals. We will make the public aware of to place faith not in the promises the previous govern- this” (NFF leader Wimal Weerawansa).3 ment made but in the new government. We are prepared to draft a new constitution that will give equality to all Backing the hybrid court ethnic groups. The new government is committed to ■■ “The UNHRC urged Sri Lanka to establish a Hybrid fulfil justice to all the people. We took measures to give Special Court integrating international judges, prose- the opposition leadership to a Tamil political party. A cutors, lawyers and investigators to address patterns of new government leads the country. Ours is a govern- grave human rights violations that occurred between ment that is bound to protect human rights and to bring the year 2002 and 2011 in Sri Lanka. First and fore- justice to everyone. The government is committed to this most is the absence of any reliable system for victim important and historic journey that we have embarked and witness protection. Second is the inadequacy of Sri upon, which is critical for the realisation of the aspira- Lanka’s domestic legal framework to deal with inter- tions of the people of our country. I urge this Council, national crimes of this magnitude. The third challenge the High Commissioner, our bilateral partners, interna- is the degree to which Sri Lanka’s security sector and tional organisations and also the Sri Lankan diaspora, all justice system have been distorted and corrupted by who wish our country to succeed, to trust us, have faith decades of emergency, conflict and impunity” (United in us, support us and strengthen our hand” (Minister of Nations High Commissioner for Human Rights, Prince Foreign Affairs Mangala Samaraweera).8

[01] Sep 17: Rivira, p.1; Divaina, p.1 p.1; Rivira, p.1; Mawbima, p.1; [06] Sep 20: Sathhada, p. 8 [02] Sep 18: Divaina, p.8 Divaina, p.1; Ada, p.1; Dinamina, p.1 [07] Sep 14: Lakbima, p.3; Dinamina, p.6 [03] Sep 18: Divaina, p.14; [05] Sep 18: Divaina, p.1; Ada, p.1; [08] Sep 15: Dinamina, p.7; Divaina, p.4; Mawbima, p.14 Dinamina, p.1; Lakbima, p.1; Lankadeepa, p.16; Lakbima, p.2; [04] Sep 17: Lankadeepa, p.1; Lakbima, Rivira, p.1 Rivira, p.6

© 2015 Verité Research Pvt. Ltd. 2 ■■ The OISL report is only a draft. It does not contain final Questioning the government’s capacity for an recommendations. It was a report compiled following a independent investigation decision made in March 2014. The previous government ignored to recognise the importance of holding an inves- ■■ The present government has to be accountable as the tigation. If measures had been taken for reconciliation previous government did not take the responsibility of soon after the war, it would have been different. The crimes committed against another group of citizens in hybrid court is not something to be terrorised of. And the country. Samaraweera said that they were ready to it will not be the final recommendation (the Dinamina hold a domestic inquiry with international expertise and editorial).9 as per international standards. He also guaranteed that a Truth Commission will be set up with learnings from ■■ “Our media says that it is hybrid and that perpetrators the experience of South Africa. He also mentioned of will be pardoned. According to the OISL report, no one the Working Group on Involuntary and Enforced Dis- has erred. It says that investigations must be held to appearances. The government will not be able to avoid see if war crimes were committed. There were demands a domestic inquiry partly because the solution was pre- for international investigations on alleged war crimes sented as a systematic one and partly because the US even during the J.R. Jayewardene and R. Premadasa agreed with Sri Lanka on a domestic inquiry. Although it eras. We did not agree with those. We focused on what is positive to hold a domestic inquiry, how independently we could do internally. We warn media barons not to it could be implemented is a question (Kusal Perera).14 spread rumours. We also insist on the ones who made these false stories not to do so” (Prime Minister Ranil Disagreements within the TNA 10 Wickremasinghe). ■■ A crisis in the TNA emerged parallel to the UNHRC ■■ Samaraweera requested the international community to session. Three of the four parties who are in the TNA have confidence in the new government without talking coalition support an international investigation. Leaders of promises and statements the previous government of the EPRLF, PLOTE and TELO informed the UNHRC had made. However, Samaraweera should have refrained of this in writing. They also sent petitions and protested. from talking of the promises the previous government The ITAK in the TNA is the only party that backs a made. Establishing national reconciliation is not an easy domestic investigation. But several members includ- task. But he was able to convince the international coming S. Sridharan of the same party demand in public an munity of the measures the current government had international investigation. Under these circumstances taken towards reconciliation (the Lakbima editorial).11 the TNA is likely to split (Sanath Priyantha).15 Supporting a domestic investigation Criticising the Rajapaksa government’s foreign policy ■■ The OISL report which does not mention individuals’ names says that it probed human rights and not war ■■ “Some define the domestic inquiry as a way of fulfilling crimes. It also emphasises that the Sri Lankan judiciary the international community’s needs. Some accuse that is not yet competent despite efforts to be accountable this is being done to fulfil the needs of the international through a domestic inquiry are commendable. Sri Lanka community. It may be better to not have an investigation and the US are to present a resolution together. An inter- at all. But the alternative we have is whether it is a local national investigation must not be allowed because it or an international investigation. It is not possible not will hinder the country’s sovereignty both directly and to have either of it. The possibility was available before. indirectly. One can foolishly say investigations are not If an investigation had been carried out on the killing of necessary. But anyone who stands for a civil society the five in Trincomalee, this would not have entered the cannot say so. A genuine local probe is what is necessary agenda of the international community” (Senior lecturer (the Lanka Political Column).12 in the Department of Political Science, University of Sri Jayewardenepura, Anuruddha Pradeep Warnasuriya).16 ■■ We should be free of guilt while protecting the dignity of the military and the people in the north and south. We ■■ Winning the international community’s confidence do not have an issue with the domestic investigation that regarding human rights is important. It deteriorated will safeguard the country’s independence, territorial badly in the recent past. Sri Lanka was seen as a state integrity and sovereignty. But the GoSL should com- that did not treat its ethnic groups equally. Sri Lanka also pletely reject recommendation number 36 on page 251, followed a stubborn policy not listening to the UNHRC. which says that any country should be able to probe and Sri Lanka was thus identified as a failed state. Even India punish perpetrators in Sri Lanka. It is up to the authori- ignored Sri Lanka at the UNHRC for the same reasons. ties to insist that only a domestic inquiry without foreign The president and the premier have been able to win interference will be meaningful (the Rivira editorial).13 the international community’s confidence, which is a positive development (the Dinamina editorial).17

[09] Sep 18: Dinamina, p.8 [12] Sep 20: Lanka, p.9 [16] Sep 16: Lankadeepa, p.4 [10] Sep 18: Rivira, p.5; Dinamina, p.1; [13] Sep 20: Rivira, p.4 [17] Sep 16: Dinamina, p.6 Lankadeepa, p.8 [14] Sep 16: Lakbima, p.4 [11] Sep 16: Lakbima, p.4 [15] Sep 15: Lakbima, p.4

© 2015 Verité Research Pvt. Ltd. 3 ■■ The UN Human Rights Commissioner explains why a Thus the delay of the report and the screening of the hybrid court is required in his report. It seems he is not movie cannot be seen as coincidences” (the Divaina ready to allow Sri Lanka to investigate alone. The inde- editorial).20 pendence of the judiciary eroded during the Rajapaksa ■■ The majority’s decision will depend on the agreement government, which fought a war without discipline and the US and Sri Lanka will arrive at. It is difficult to think disregarding human rights. We experience the results that Zeid’s recommendations will be accepted as it is. It of it today (Manuwarna’s column).18 is difficult to think it will have anything the GoSL will Criticising the TNA’s call for an international not agree with because it will be a joint resolution with investigation Sri Lanka. Its drafting will be completed by Septem- ber 24. The GoSL will agree and implement most of the ■■ “National and religious reconciliation could collapse due recommendations to show its commitment to the pro- to politicians who demand international investigations tection of human rights. The brief official response by for internal issues. This cannot be approved at any cost. the government ignites hope of positive change (Suna- Sending petitions and protesting against alleged war nda Deshapriya).21 crimes is a hindrance to national peace. The Ministry of Defence should be alert on the objectives behind these ■■ Samaraweera put forward new promises before the activities” (Chief Prelate of the Malwathu Chapter Ven. UNHRC requesting to forget what the previous gov- Thibbatuwawe Sumangala Thera).19 ernment had promised. He spoke of setting up a truth seeking commission to establish a process to ensure Related reporting that the previous mistakes will not reoccur and also to ■■ “Up until last week the OHCHR Report on Sri Lanka establish reconciliation and justice. This is thus a fresh (OISL report) had not been handed over to represen- beginning getting rid of anything the previous govern- tatives of the GoSL. The tradition is that it is made ment may have done. It is a waste of time to ask for available one week in advance so that the country will another commission when there are plenty of recom- find time to prepare itself. The report on Sri Lanka is mendations not being implemented from a previous 200 pages long, therefore it need not be mentioned that government’s report. How long will the people in the the GoSL requires some time to prepare its response. north have to wait for justice and truth because it has Callum Macrae has produced a new film on Sri Lanka for already been six years since the end of the war? (Chan- 22 which he has chosen the United Nations Human Rights drasiri Landage). Council (UNHRC) as the place of initial screening.

Analysis

Nationalist opposition to an international investi- absent. Although public accountability became a central gation is usually framed as opposing ‘neo-colonial inter- idea during the election campaign against the Rajapaksa ference’ in a sovereign state. Within this framework, government, the connection between accountability and nationalist voices emerged as a powerful voice in the reconciliation was never articulated in the mainstream Sinhala press last week arguing that dignity of the political discourse. country and its people will be harmed by the proposed In this context framing an argument for interna- mechanism, which would include significant international or internationalised domestic investigations on tional involvement including a ‘hybrid court’. normative grounds remains difficult.Investigations of Pragmatic nationalist positions taken in the Sinhala alleged human rights violations in the final phase of the press maintain instrumental support for a domestic war have always been viewed by the Sinhala press as a mechanism to avoid international pressure. Moderate response to international pressure and not as a genuine Sinhala nationalists such as the JVP are in favour of a response to an internal need for democratisation and local investigation but are suspicious of any interna- reconciliation. tional involvement. With the exception of some coverage This poses a challenge for the government. To win of Tamil nationalists, there are no voices supporting an in the court of public opinion it will need to justify its international investigation. position of a domestic mechanism with international Only a small minority, mostly in alternative oversight on both principled and pragmatic grounds. newspapers argue that there is both intrinsic and Should the perceptions articulated this week persist, it pragmatic value of a credible domestic investigation in may have to either relinquish the support of pragmatists the absence of support for an international inquiry. that have commended its foreign policy management The issue of accountability has also been narrowly thus far or renege on commitments made abroad. The defined and it was not seen as imperative for a post-war former poses a problem for legitimacy in the Sinhala reconciliation process. The nationalist approach of electorate. The latter risks alienating both the inter- reconciliation argues ‘forgetting and moving on’ rather national community and moderate Tamil political than coming to terms with the past. The argument of leadership of the TNA that have expressed a willingness ‘justice for victims’ as a part of reconciliation remains to accept the government’s latest position.

[18] Sep 20: Ravaya, p.8 [20] Sep 14: Divaina, p.8 [22] Sep 20: Janarala, p.6 [19] Sep 14: Lakbima, p.5; Dinamina, p.7 [21] Sep 20: Ravaya, p.10

Issue: Prime Minister Ranil Wickremasinghe made his first official visit to India last week since being appointed PM.

Dominant view Contesting view Against CEPA India-Sri Lanka ties as positive

CEPA harmful to Sri Lanka Healthy diplomatic ties ■■ “The Rajapaksa faction brought more destruction to ■■ Economic ties between India and Sri Lanka can be the country than tens of CEPAs put together. From dated back to 2,500 years and thus the leaders of the beginning we indicated that CEPA has an adverse the country are committed to ensuring peace, rec- impact on Sri Lanka. CEPA impacts the Sri Lankan onciliation in the region and strengthen economic trader negatively. We will hold the same stance. There relations based on these historical ties between the is nothing wrong with transacting with India, China two countries. Both the leaders agreed to enter in and Europe. We must sign agreements that benefit Sri to new agreements on trade, investment, technol- Lanka. But CEPA is not beneficial for us. The South ogy and economic relations (the Divaina, Lakbima, Asian Free Trade Agreement (SAFTA) is highly dis- Rivira and Dinamina headlines).27 advantageous to Sri Lanka as well. This is more of a ■■ Indian Prime Minister Narendra Modi assured that loss to manufacturers in Sri Lanka” (JVP Propaganda India would extend its fullest support to Sri Lan- Secretary Vijitha Herath).23 ka’s development. This is positive because we can ■■ What is CEPA? Why is there a lot of resistance to it? overcome challenges locally or with international It is a bilateral treaty between India and Sri Lanka. support. Certain issues can be resolved only with It opened up avenues for both services and goods international support. This is why the Indian pre- although many other agreements covered only goods. mier’s assurance matters and is important (the Indians will get the opportunity to join the Sri Lankan Lankadeepa editorial).28 market directly although the Sri Lankans will not get ■■ The assurance the Indian premier gave on extending the same opportunity. It could have a negative impact full support to Sri Lanka can be seen as a result of on Sri Lankan labour and people’s lives (Kithsirime- the relations that improved following the new foreign wan Wijesinghe).24 policy and diplomatic endeavours. Indian Foreign UNP deceptive on CEPA Minister Sushma Swaraj commended Wickremasing- he’s cooperation to strengthen Indo-Lanka ties. Sri ■■ “Now two ministers make contradictory statements Lanka cannot ignore the powerful neighbour in the on signing the CEPA. Deputy Minister of Foreign Indian Ocean. We had to face many hurdles because Affairs Harsha de Silva says that CEPA may be dis- we overlooked this. It seems that both Sirisena and cussed during the visit. But Malik Samarawickrama Wickremasinghe try to work by understanding this says that nothing will be discussed in relation to CEPA. reality (the Mawbima editorial).29 Do not deceive the people. Agreements such as CEPA are entered into only among states with equal living UNP not attempting secret negotiations standards. India and Sri Lanka are not on par with ■■ “Some traitors who lost in the election try to build each other. Thus please tell the people whether you their image saying the premier will sign the Compre- will be signing it or not” (Leader of Pivithuru Hela hensive Economic Partnership Agreement (CEPA). Urumaya, Udaya Gammanpila).25 They entered into many agreements with countries ■■ Indian media disclose that the premier agreed to sign not for the country’s wellbeing but for their own. It CEPA next year although he had said that he would not is no surprise that agreements on different areas are discuss CEPA during the Indian tour. Economictimes. signed. We have to enter into agreements not for indiatimes.com states that both parties will principally fattening personal bank accounts but for the people’s reach an agreement this year and then sign it next welfare. CEPA will not be even discussed during this year. Government sources state that certain clauses visit” (Minister of Development Strategies and Inter- will be changed and it will be signed under a different national Trade Malik Samarawickrama).30 name due to the mounting opposition to CEPA in the For CEPA country (the Janarala editorial).26 Indian protectionism ■■ India is our neighbour, friend and relative. It is also the critical factor in our economy and international ■■ CEPA has been the subject of discussion for a long politics. We were successful each time we under- time. In addition to this the SAFTA is active. Many stoodit and we ran into problems every time we

[23] Sep 17: Lankadeepa, p.4 [26] Sep 20: Janarala, p.1 [29] Sep 17: Mawbima, p.6 [24] Sep 20: Lanka, p.5 [27] Sep 16: Divaina, p.1; Lakbima, p.1; [30] Sep 14: Lakbima, p.1; Dinamina, [25] Sep 16: Lankadeepa, p.10; Rivira, p.1; Dinamina, p.1 p.1; Divaina, p.1; Mawbima, p.1; Mawbima, p.12 [28] Sep 17: Lankadeepa, p.4 Ada, p.1

© 2015 Verité Research Pvt. Ltd. 5 had anticipated that Sri Lanka would be able to export ignored this. Now is the period where we act with many of its goods and services without any hindrance. full understanding of India. This is why the president India’s goods and ser-vices came in to the Sri Lankan chose India as the first official visit. So did the premier. market unhindered. Since 2001 India was also ranked The latter is important as the political, economic, edu- the first in terms of the countries exporting goods to cational and cultural ties will be discussed. India seems Sri Lanka. The Sri Lankan goods and services could to be coming forward to offer more economic assis- not be largely exported due to the protectionist poli- tance and investment opportunities. All talks between cies of India. India gained the most from SAFTA. The the two countries are important for Sri Lanka’s for- loopholes of existing agreements must be avoided ward journey (the Dinamina editorial).33 without entering in to a new agreement (Saliya Janaka ■■ Some local entrepreneurs and professionals resist the Kumara).31 CEPA out of fear of not being able to adjust to the new Failed negotiations market CEPA will open up. They spread these fears in society. Some of those who vociferously oppose CEPA ■■ There is nothing wrong in entering into an agreement nevertheless exploit local customers by selling low with India that has 15 percent of the world’s total quality products at high prices. These professionals wealth. CEPA was subject to discussions even during act like a mafia group (Ajith Perakum Jayasinghe).34 the Rajapaksa government. 13 rounds of discussions were held on this by July 2007 and both parties to ■■ CEPA will open up avenues for services and goods the agreement agreed to sign it at the 15th South Asian of both countries. What happens frequently is that Association for Regional Cooperation (SAARC) meet small states ask for such agreements from a powerful in 2012. But for some reason both parties did not sign state. Among many fears spread about CEPA is the it. These are fresh attempts now to bring it back (Dr. possible Indian labour migration to Sri Lanka. This Aminda Methseela Perera).32 is a baseless fear that results from a lack of in depth discussion on economics in the Sinhala media (Prof. Rohan Samarajeewa).35

Analysis

Prime Minister Ranil Wickremasinghe’s visit to India decision-making level. last week saw renewed discussion of the controversial Press discussion of CEPA has not considered macro- India-Sri Lanka Comprehensive Economic Partnership level factors such as Sri Lanka’s export capacity and Agreement (CEPA). It was originally set to be signed competitiveness and the government’s responsibility in 2008, after three years of negotiations. However, in creating a conducive business environment. Debate faced with strong domestic opposition the Sri Lankan has also not been placed in the prevailing regional and government refrained from signing the agreement then, global context, where comprehensive agreements incor- which has since remained in limbo. porating services, investment, intellectual property Despite the government’s attempts to downplay rights and dispute settlement are increasingly becoming discussion of CEPA, the Sinhala press has placed it the norm. India has entered into at least four such at the centre of coverage of Wickremasinghe’s visit. agreements with regional counterparts (i.e., Japan, CEPA continues to be viewed with suspicion, South Korea, Malaysia and Singapore) since 2000, and with commentators pointing to the asymmetry of power is currently negotiating four more.[a] between Sri Lanka and its giant neighbour, and the In contrast to the press reaction to economic expected privileging of Indian interests. Despite inaccu- integration, enhanced political ties with India have been racies and lack of evidence, some arguments advanced widely welcomed. Given its long history of engagement in the past also remain in the discussion now; e.g., in Sri Lanka, particularly during the armed conflict, ‘flood of Indian workers into Sri Lanka under provi- maintaining cordial ties with India has become firmly sions for movement of persons thus undermining local established as a necessity. Meanwhile, economic employment’. integration—largely ignored until its recent re-intro- While opposition to CEPA has been framed in terms duction to discussions on Indo-Sri Lankan relations— of public and national interest, much of the resistance despite India’s economic weight is yet to gain accep- has originated from influential private parties—of local tance. industrialists, professional bodies and companies. Notes: Hence barriers to progress on CEPA can be attributed [a] Government of India, Ministry of Commerce and In- in part to continued competition between private dustry, http://commerce.nic.in/trade/international_ta.as- micro-level interests over macro-level concerns at the p?id=2&trade=i

[31] Sep 17: Lakbima, p.4 [34] Sep 20: Ravaya, p.9 [32] Sep 14: Lakbima, p.4 [35] Sep 20: Lakbima, p.6; Lankadeepa, [33] Sep 14: Dinamina, p.6 p.5; Silumina, p. 12

Issue: The rape and murder of a five-year old girl in Gampaha district triggered public outrage.

Tighter rules needed that consists of Premawathi Manamperi, Krishanthy Coomaraswamy, Koneshwari and Vithya. This incident ■■ Society must draw its attention to why some stoop so and the discussion on capital punishment will soon be low to abduct children and murder them. It was reported forgotten (Kasun Samaratunga).42 that a five-year old girl in Kotadeniyawa, Akarangaha was kidnapped in her sleep. A good society is a precursor Criticising the media coverage to good governance. Measures and laws must be regu- ■■ Media and social media gave wide coverage to Seya’s lated to stop abductions and killings (the Lankadeepa incident. It has not yet stopped. Many media attempt editorial).36 to sensationalise the story by publishing her pictures. ■■ As social research indicate, child abuse is on the rise due Certain websites even published naked images of her, to the absence of mechanisms to punish perpetrators which in itself can be seen as another crime. These must immediately. They show that half of the cases in the High be done under a set of ethics. Publishing her images is a Court are on sexual harassment against children and violation of the child’s rights. It can also motivate others women. Thus it is necessary even to bring back ancient to commit such crimes. Sharing the media’s perceptions methods of punishment to immediately punish perpe- of the incident does not help as it could only curtail the trators (the Rivira editorial).37 search for the murderers (the Dinamina editorial).43 ■■ Punishment for abuse of women and children is not ■■ The brutal murder of Seya was covered with images of adequate. Laws must be amended to send perpetra- her naked body on websites and social media such as tors of child abuse to life imprisonment. Special courts Facebook. TV channels such as Hiru aired these in a are required to hear cases related to child abuse and barbaric way. A website called Lak Jana Handa pub- to punish the guilty. The Rajapaksa government spoke lished her images in both coloured and black and white about setting up a tribunal to hear cases against child showing their barbarism. She was raped and murdered abuse. But it was not implemented. The new government again by publishing her images all over social media. must pay attention to this (the Mawbima editorial).38 This is a crime over a crime (Sampath Samarakoon).44 ■■ Seya was brutally murdered because we do not live in a The need for social reforms civilised society. It is the responsibility of everyone living in a civilised society to safeguard children. A new dia- ■■ Many social factors and psychological imbalances cause logue on how to punish perpetrators of this kind should child abuse and murder. There are lots of instances of come up. Social factors that lead to an abnormal mindset abnormality that lead to fathers raping their daughter must be examined while bringing in tighter laws (the and sons killing their mother. The humanity is ques- Divaina editorial).39 tioned and our values have deteriorated. Some suggest implementation of the Sharia law whilst others recom- ■■ Seya was sexually abused and murdered. Criminals mend capital punishment. But can laws alone prevent are not yet disclosed. They will be sent to jail and later crime? (the Dinamina editorial).45 released. This is what happened with regard to the abuse and murder of Vithya in Jaffna. Civil society and ■■ It is disclosed that a drug addict with abnormal sexual women’s organisations come forward to talk only of the desires may have murdered Seya. Laws alone will not incidents related to the war. They may not see these as change this. Religious organisations and the civil society incidents. Laws must be introduced taking these inci- must play a bigger role regarding this. Otherwise thou- dents in to consideration as well (Gayan Gallage).40 sands like Seya will continue be the victimised (Saman Gamage).46 ■■ The legal system must be strengthened. The government must inform the police and the attorney general’s ■■ “This is a rare society. We experience what we inherit department to be vigilant when filing cases. It will be a from such a society. Society thinks that a woman is the crime to make an innocent person a perpetrator more slave of a man and thus we are backward in our thinking. than making perpetrators innocent. The same incidents This results in women abuse. Women’s organisations repeat themselves although politicians who attended voiced against it and yet it did not come out strongly. Seya’s funeral promised that laws would be tightened Now this situation has extended to children as well. The (the Lakbima editorial).41 capitalist society cannot give protection to a society” (JVP Bimal Rathnayake).47 ■■ This is not the first time that an incident like this happened in a country that boasts of a 2,500-year civil- ■■ The police suspect a drug addict as the perpetrator of isation. Seya is the newest name added to the long list Seya’s murder. Social scientists point out individuals

[36] Sep 14: Lankadeepa, p.4 [40] Sep 15: Rivira, p.7 [44] Sep 20: Ravaya, p.5 [37] Sep 15: Rivira, p.4 [41] Sep 17: Lakbima, p.4 [45] Sep 15: Dinamina, p.6 [38] Sep 15: Mawbima, p.6 [42] Sep 20: Sathhada, p. 3 [46] Sep 16: Divaina, p. 4 [39] Sep 15: Divaina, p.8 [43] Sep 17: Dinamina, p.6 [47] Sep 17: Lankadeepa, p.12

© 2015 Verité Research Pvt. Ltd. 7 with abnormality could commit such crimes. Also belonging to the perpetrator, forcing lawyers not to many of them surf online to watch pornography. We represent them, stoning the culprits and demanding will not jump in to conclusion that the abuser is one the Sharia law and capital punishment are spontaneous such individual. But it is important to see why we have reactions. Nevertheless a civilised society cannot accept to encounter such experiences. Individuals who were these (the Ravaya editorial).50 connected to many such abuses and murder of women ■■ The media used Seya’s incident for their own advan- can be traced back to such abnormalities (the Divaina tage. Everyone demanded severe punishment before editorial).48 TV cameras. It is important to see if this is the general ■■ Both Aiylan Kurdi in Syria and Seya tell the same story; idea and if the media covers only the views for capital that is of the need to reform society to rid it of child punishment. It is of grave concern if this is the overall abusers and violence (the Divaina editorial).49 impression our society has. Capital punishment is not the solution for all the problems. It will only aggravate Capital punishment criticised the issues. Is hanging the only solution? (the Janarala 51 ■■ People become aggressive and provoked in the face of editorial). abuse of a child or woman. It is not new that people try to take the law onto their hands. Torching the property

Analysis

The press coverage of the rape and murder of a hyperbole surrounding the reintroduction of capital five-year old girl in Gampaha, the most populous punishment provided leadership to the national district in Sri Lanka, gave rise to three key observations. discourse, with many politicians responsively falling First, except for the state press Dinamina and in line and some even capitalising on heightened the alternative press Ravaya and Janarala, the sentiment. Notably, even the president expressed overwhelming majority of newspaper editorials support for re-introducing capital punishment if there highlighted the need to reintroduce capital punishment was parliamentary consent. This stance was tactically without any analysis of the present state of the criminal beneficial as it could demonstrate both responsiveness justice system. to popular will and a democratic approach to parlia- Second, the media sensationalised the incident ment’s legislative function. disregarding media ethics and guidelines. For instance, The response to the events highlights the danger a privately owned TV channel and a popular website of proposing public policy based on knee jerk public carried graphic images of the victim’s body. The outrage. In the absence of any reasoned perspective, press also used ideologically loaded terms in its attempt public understanding was driven by media sensation- to sensationalise the incident. The Dinamina says that alism. Politicians in turn refrained from exercising the incident questions “humanity”. The Divaina and their usual dominance in public policy debate to echo Dinamina repeatedly identify perpetrators of this kind media generated sentiment. In contrast, the state press to be “abnormal” and go on to associate the perpetra- displayed the most responsibility, having questioned tor’s actions to societal ills of drugs and pornography the unethical and irresponsible press reporting. Overall, without any substantiation. The Rivira went as far as the call for capital punishment without analysis of the insisting on the need to bring punishment akin to the criminal justice system, illustrates a degree of media era of the kings in ancient Sri Lanka. hysteria that can exist, particularly in the absence of Third, this illustrates an occasion where media credible political leadership.

[48] Sep 17: Divaina, p.8 [50] Sep 20: Ravaya, p.8 [49] Sep 20: Divaina, p.4 [51] Sep 20: Janarala, p.4

— Signposts the differences and nuances in reporting between Sinhala and Tamil language newspapers TAMIL Major Minor

• The release of the OISL report • Environmental protection • Rape and murder of a girl child • The rise of the dengue epidemic Major SINHALA

• Impending resolution to be sponsored by the US in Geneva • Inauguration of the Kaduwela- Minor • The exclusion of the white flag issue Kadawatha expressway from the OISL report

Gap Analysis

OISL report and beyond The TNA leadership including opposition leader R. The Tamil press reported excessively on the release Sampanthan, M.A. Sumanthiran and ITAK leader M. of the OISL report that was welcomed as the first step Senathirajah were criticized as being on a honeymoon towards serving justice to the Tamil community affected with the government, as they did not call for an exclu- by the war.52 The Sinhala press viewed the need for an sively international investigation.55 It was a small investigation as merely a response by the Sri Lankan minority in the Tamil press that identified TNA as acting government to international pressure. In contrast, strategically without antagonizing the international the Tamil press viewed the call for investigation as a community or the government, to ensure the rights of response by the international community to the pressure the Tamils.56 exerted by the Tamil community.53 While the Sinhala press failed to draw the link The Tamil press reiterated that the OISL report was between accountability and reconciliation, the Tamil finally a positive strike in favour of justice for the Tamil press emphasised that truth and accountability are community, after long periods of injustice and discrim- a precursor to genuine reconciliation and a political ination. The Tamil press credits the Tamil Diaspora, solution. Hence, the need for an impartial investigation civil society and to a limited extent the resolutions that would punish the perpetrators and recompense the passed by the Northern Provincial Council for the OISL victims is underscored. report, taking cognizance of the grievances of the Tamil The Tamil press opined that though the hybrid special community.54 court was a welcome recommendation as opposed to

[52] Sep 18: Virakesari, Editorial, p.4; Sep 18: Thinakkural, Editorial, p.10; Sep 19: Virakesari, Arasiyal Theeppori, p.17, 19; Sep 20: Virakesari, Samakaala Arasiyal, p.1; Sep 20: Virakesari, Editorial, p.4; Sep 21: Thinakkaran, Editorial, p.8 [53] Sep 19: Thinakkural, Puthiya Panpaadu, p. 1 [54] Sep 19: Thinakkural, Puthiya Panpaadu, p. 1 [55] Sep 18: Thinakkural, Editorial, p.10; Sep 19: Virakesari, Arasiyal Theeppori, p.17; Sep 19: Thinakkural, Puthiya Panpaadu, p. 1 [56] Sep 19: Thinakkural, Puthiya Panpaadu, p. 2

© 2015 Verité Research Pvt. Ltd. 9 a domestic mechanism, a purely international inves- international investigation.61 tigation is the best option.57 This is in contrast to the Further, the Tamil press was of the view that India had Sinhala press that views an international investigation a duty to aid in finding a solution to the ethnic question and even the hybrid system as an infringement of Sri in Sri Lanka. It stated that given India’s experience in Lankan sovereignty and as ‘neo-colonial interference.’ power-sharing mechanisms, Indian input would be A sense of disillusionment was pervasive in the Tamil instrumental in determining a suitable power-sharing press due to the fear that despite the OISL report, justice structure and formulating a political solution. The Tamil would ultimately be denied to the Tamil community. press seemed to imply that the visit of the prime minister This was evinced by the speculation regarding the would perpetuate support in this quarter.62 resolution to be tabled by the US, as it is feared that the The Tamil press merely reported that the prime resolution will support the Sri Lankan government’s call minister had signed four bilateral agreements with his for a domestic mechanism and water down the OISL Indian counterpart Narendra Modi during the course report.58 Further, the Tamil press highlighted that the of his recently concluded visit to India.63 There was a ‘white flag’ issue and the allegation of genocide was complete dearth of analyses on the benefits or short- excluded from the report. The Tamil press stated that comings of any of the bilateral agreements. genocide should have been included not only because The Tamil press also stated that Prime Minister it was allegedly committed, but also because the sheer Ranil Wickremasinghe had said he will not be signing gravity of the crime would ensure that the grievances of the CEPA during his tour of India. Thus, the opposition the Tamil community are not neglected.59 by Wimal Weerawansa to the supposed signing of the Ensuring accountability to strengthen reconciliation CEPA was criticised by the Virakesari, which viewed and democracy was not prioritised by the government. this opposition as a meaningless and racist endeavour.64 Instead, the government was more concerned about The Tamil press highlighted that racism does not garner distinguishing itself from its predecessor and using its support in the current political climate. renewed foreign relations to attenuate international pressure and safeguard the Sri Lankan image. Genuine or knee jerk reaction? There was less coverage of the rape and murder of CEPA overlooked a girl child named Seya in the Tamil press than in the The Tamil press paid scant attention to the economic Sinhala press. The Tamil press reported the incident, aspect of Prime Minister Ranil Wickremasinghe’s recent from the finding of Seya’s body to the arresting of visit to India. Relatively more emphasis was placed on suspects. However, the Tamil press did not sensa- the political aspect of the visit. This could be due to the tionalise the incident as much as done by its Sinhala Tamil press’ preoccupation with the current UNHRC counterpart. sessions and its importance in addressing the grievances An article in the Tamil press referred to perpe- of the Tamil community. Hence, the political facet of the trators as ‘human animals’ for whom the ‘hunt’ was on.65 visit was of more interest to the Tamil press than the However, this graphic use of words was not widespread economic aspect. This is in contrast to the Sinhala press in the Tamil press that seemed to be making an effort that dealt extensively with the Indo-Sri Lanka Compre- to abstain from instigating public outrage over the hensive Economic Partnership Agreement (CEPA). incident. The Tamil press speculated that the prime minister The increase in the number of rape and sexual would seek to secure India’s support for a domestic assault especially in relation to children was highlighted mechanism to investigate human rights violations. to a certain extent.66 It was pointed out that though good However, the Tamil press was apprehensive of the possi- governance and economic growth might be achieved, bility that India’s support for a domestic mechanism certain atrocities continue unabated.67 would water down the OISL recommendations and In light of the recent rape and murder of other prevent an impartial investigation.60 The Tamil press children such as Vithya in Jaffna, the need for was of the opinion that India should push for an heightened vigilance on the part of parents concerning

[57] Sep 17: Thinakkural, Editorial, p.10; Sep 18: Virakesari, Editorial, p.4; Sep 19: Virakesari, Arasiyal Theeppori, p.19; Sep 20: Virakesari, Samakaala Arasiyal, p.1; Sep 20: Virakesari, Editorial, p.4; Sep 20: Thinakkural, Arasiyal Kalari, p.1; Sep 20: Thinakkural, Editorial, p.4; Sep 21: Thinakkaran, Editorial, p.8 [58] Sep 18: Virakesari, Editorial, p.4; Sep 18: Thinakkural, Editorial, p.10, 11; Sep 19: Virakesari, Arasiyal Theeppori, p.19; Sep 19: Virakesari, p.1; Sep 19: Thinakkural, Puthiya Panpaadu, p. 1; Sep 20: Virakesari, Samakaala Arasiyal, p.3; Sep 20: Thinakkural, Editorial, p.4 [59] Sep 18: Thinakkural, Editorial, p.10, 11; Sep 19: Virakesari, Arasiyal Theeppori, p.17; Sep 19: Thinakkural, Editorial, p.10; Sep 20: Virakesari, Samakaala Arasiyal, p.1 [60] Sep 18: Thinakkural, Editorial, p.11 [61] Sep 18: Thinakkural, Editorial, p.11; Sep 20: Virakesari, Samakaala Arasiyal, p.2 [62] Sep 17: Virakesari, Editorial, p.4 [63] Sep 16: Virakesari, p.1 [64] Sep 20: Virakesari, Samakaala Arasiyal, p.7 [65] Sep 19: Virakesari, Arasiyal Theeppori, p.18 [66] Sep 19: Virakesari, Arasiyal Theeppori, p.18 [67] Sep 15: Virakesari, Editorial, p.4

© 2015 Verité Research Pvt. Ltd. 10 their children’s safety was emphasized. Further, the the public indignation incited by the press is merely an civil society and law and order related institutions were emotionally driven response to a horrific incident? urged to take appropriate measures to curb the increase in sexual assault and rape especially against women and children.68 The Tamil press also underscored the need for the judicial system to exercise efficacy in speeding up the resolution of rape and sexual assault cases and meting out punishment to offenders. Further, the government was called upon to take appropriate action to strengthen laws that do not prove to be a strong enough deterrent to the status quo.69 In contrast to the Sinhala press, the Tamil press was not seen explicitly calling for the implementation of capital punishment. However, the Tamil press too reported that the president was in favour of imple- menting the death penalty pending parliamentary approval, especially in light of the recent rape and murder of Seya.70 The media and public outrage witnessed following incidents of rape and sexual assault and the call for Caption: ‘Set up a hybrid special court for investigations aggravated punishment have often petered out within – Zeid Ra’ad Al Hussein’ a few weeks after the respective incident. This was Courtesy of Virakesari, Sept. 17, 2015 witnessed in the case of the gang rape and murder of the schoolgirl Vithya. Thus, the question arises as to whether

[68] Sep 15: Virakesari, Editorial, p.4 [69] Sep 15: Virakesari, Editorial, p.4 [70] Sep 19: Virakesari, p.1

05. Other topics covered in reportage

■■ Criticisms against the new cabinet ■■ Measures to discipline parliamentarians ■■ Commemorating the 151st birth anniversary of Anagarika Dharmapala ■■ Environmental protection ■■ The rise of the dengue epidemic ■■ Commemorating the 109th birth anniversary of former President J.R. Jayewardene ■■ Inauguration of the Kaduwela-Kadawatha expressway ■■ Discussion on increasing the salaries in the private sector ■■ Avant-Garde case ■■ The appointment of the Diyawadana Nilame of the Temple of the Tooth Relic

Media Crimes

Courtesy of Ada, Sep. 16, 2015

GLOSSARY OF TERMS ISSUE: A fact, event or actuality presented as a current concern in the vernacular press. DOMINANT VIEW: The view, opinion or position emphasised by the vernacular press. CONTESTING VIEW: A view, opinion or position presented in the vernacular press in diametric opposition to the Dominant View. COMPETING VIEW: A view, opinion or position not diametrically opposed to the Dominant View but in contrast to it. EVENT: A particular happening of general interest as reported in the press that gives rise to media and other commentary.

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