Issue No. 141 October - December 2013

Tamil women meeting Cameron in Jaffna…

Human Rights Review : October - December Institute of Human Rights 2 INSIDE THIS ISSUE:

Editorial 03

Current issues : Protesters & Human Rights Defenders under attack

♦ Sampanthan writes to President condemning attack 05 ♦ Army dismisses Jaffna protest as a 'circus' 06 ♦ Threats against Nimalka Fernando’s life and other human rights defenders through state media ♦ Right of citizens to participate in peaceful protests 08 ♦ Alternative People’s Forum And Duty To Perform 09

CHOGM & Media Freedom ♦ Channel 4's Vanni tour thwarted 10 ♦ Cannot vouch foreign journalists' safety 11 ♦ British PM invites Wigneswaran to London 12 ♦ On Commonwealth Values – Rosie Senanayake 13 ♦ Don't Touch Sirasa 14 ♦ Three Churches Attacked On Christmas Eve

The need for the Truth & Reconciliation ♦ Nonis refuses to participate in discussion on SL's Unfinished war 15 ♦ Mannar - Tamil misery continues

Corruption & Inefficiency ♦ Govt's CHOGM bill at Rs 15. 16 ♦ War of words over prime ministerial connection in heroin smuggling 17

Situation in the North & East ♦ NPC renews demand for civilian Governor 18 ♦ Details emerge of Sri Lanka's post CHOGM crackdown on dissent 19

in today's Sri Lanka these voices of sanity remain mere voices in the wilderness

♦ The Disappearance Of Morality In Our Politics & The Crisis Of The State 20 ♦ Why We Must Empower Moderate Voices 22 ♦ Focus on ‘20 years - working for your rights’ 23

♦ A tribute poem for Nelson Mandela - His Day Is Done 24

Unit Reports : Rehabilitation Unit 25 Education Unit 27 Staff Information Edited by Layout designed by Cover Page Pictures Leela Isaac Hashini Rajaratna The Sunday Leader - 24/11/2013

Human Rights Review : October - December 2 Institute of Human Rights EDITORIAL 3 WHICH IS THE MYTH, WHICH IS THE TRUTH?

Hark, in thine ear: Change places; and, handy, dandy, which is the justice, which is the thief? …………

Plate sin with gold, And the strong lance of justice hurtles breaks; arm it in rags, a pigmy’s straw doth pierce it. Shakespeare in ‘King Lear’

There is a perception among visitors to the country, as well as a large section among the ordinary citizens in the country (other than the North and East) that Sri Lanka would soon become the Wonder of Asia. People flock to the North to see for themselves the ‘development’ that has taken place after the dev- astation caused by the Tamil Tiger terrorists. Now there are no terrorists, and the army that has taken over these areas gives them a sense of security. They marvel at the new roads and bridges. As Gamini Weera- koon says (Sunday Leader 05th January 2014) “How wonderful it is to be able to drive up to Jaffna on smooth roads in just 8 hours!” Visitors to the North also say, when you walk into hotels and restaurants people who serve you are so friendly & polite and talk to you in Sinhala! Even those who sell palmyrah jug- gery and ‘Kotte Kilangu’ on the way to Nagadipa, speak Sinhala. It’s wonderful, we couldn’t have ever imagined this situation just 5 years ago. God bless our President Mahinda Rajapaksa who made this possi- ble by defeating the Tigers. Just as our brave king Dutugamunu who defeated the Damila King Elara about 3000 years ago, still lives in our hearts, Mahinda too will be loved and remembered for centruries to come, as the one who saved the country and brought peace that we fully enjoy today. Even former terrorists have been rehabilitated, new hotels have come up and above all the government has held elections in the North after so many years. Today the TNA is in control of the North. The Tamils have to be grateful to the Presi- dent for liberating them from the liberation Tigers of Tamil Elam. Is this the whole truth based on facts or is it only a myth created by a section of our society? There is also another perception, specially among the minorities that all is not well in the country even after almost 5 years after the war. People in the North complain that they have lost their houses and land. Some of them still live in temporary sheds or even under trees. They have lost their livelihood mainly farming and fishing. As Gamini himself points out “The contrasting scenario to this development is the bombed out damaged, apparently deserted homes stretching out into the far distance. They have also lost many of their loved ones and want to know the fate of those who disappeared after the end of the war and still continue to disappear. It is mainly about these disappearances they seek international help. But they do not talk freely to local visitors and journalists. It is this stoic silence that Gamini refers to in his article when he says “The most important aspect we noticed among non political Jaffna residents is that they don’t speak out on critical issues. They maintain a stoic deafening silence. Perhaps the terrible personal losses and suffering they underwent is the cause”. That could be so but it could be also that they cannot trust the majority community to listen to their grievances sympathetically because they (the Sinhalese) do display a sense of triumphalism. Then there is also the disturbing constant presence of the army, who consider them- selves as the victors, “Be careful and watch your mouth. The government security forces are vigilant and they do not like us talking to outsiders” is a comment one hears. There is also the resurgence of Buddhists temples in the former strong hold of the LTTE, which is not pleasing to the local Tamils. “The propagation of Buddhist shrines is evident throughout, not only that, streets and roads are named after heroic Sri Lanka service men (Sinhala). Despite the local civilian population being Tamil the signs on the roads are in Sinhala only! Bunkers located every 500 meters and the continuous presence of the military give an air of a military state without any bridges to link the communities”. This was said over the BBC Sinhala Service. These could be the reasons for their ‘stoic deafening silence” and as Gamini says, “Until this barrier of silence is broken, talk of reconciliation will be hogwash”, is this the reality or is it part of a myth created by the minority groups aided by the international community? Is it part of the international conspiracy against “brave little Sri Lanka” as the government loves to maintain? What’s the truth about human rights violations and war crimes allegations? Are the channel 4 docu- mentaries based on facts or are all these documentaries fakes, that should be rejected. Do the security forces continue to abduct ‘Tiger supporters’ in the North and torture them (rape the women) to extract (Continue on page 04)

Human Rights Review : October - December 3 Institute of Human Rights EDITORIAL 4

(Continue from page 03) information regarding their friends and relative abroad. Are Jonathan Miller & Callum Macrae Tiger support- ers who are being funded by the defunct LTTE, as the government says. There are ‘spontaneous’ pro gov- ernment demonstrators who scream and screech death threats at these channel 4 journalists. There are also screaming front page banner headlines in the newspapers not only against these journalists but against the international community, the UN, and the UNHRC where the 3rd Resolution against Sri Lanka is expected to be brought in March this year. It could call for an international investigation into alleged war crimes and crimes against humanity. Is this all a part of the same international conspiracy against Sri Lanka? Even David Cameron, Navi Pillay and Stephen Rapp are accused of being Tiger supporters. Myth or Truth? Recently there was a hue and cry about a photo caption posted by the US embassy in its official twitter account. It was a caption to a photo of US ambassador to Sri Lanka Michele Sison and US Ambassa- dor at large for war crimes issues in the office of Global Criminal Justice, Stephen Rapp taken at St. An- thony’s ground in Puthukudiyiruppu and it said “The site of January 2009 killing of hundreds of families by army shelling” Our external affairs ministry was angered by this “baseless allegation” and wanted the US embassy to change the caption. The embassy refused, and reiterated its call for an independent credible investigation into allegations of war crimes during the final phase of the war. Behind all the screaming banners and death threats from the pro-government demonstrators, there is also another voice. The voice of the moderates. These could be Tamil, Sinhala, Muslim or other voices, and they include human rights activists, journalists liberal intellectuals, religious leaders and professionals. Recently a well known human rights activist Nimalka Fernando was ,mercilessly abused and threatened over the Sri Lanka Broadcasting Corporation (SLBC) and no action has been taken against the SLBC Chairman in spite of her complaint to the police (See Page 06)In parliament too a few such voices can be heard from the opposition. As Mr. Sumanthiran said in parliament, as long as there are even a few rational moderate human beings in this country, there is still hope. And that is no myth. There is widespread corruption and inefficiency in the way the country is being governed. Corruption Index, a globally reputed index of Transparency International shows the situation in Sri Lanka has deterio- rated, it has slid down 12 places compared to 2012. Corruption takes place at the highest levels. Letters are issued from the Prime Minister’s office to friends and party supporters to waive off customs duties and this is considered normal practice in any ministry. Parliamentarians sell their duty free vehicle permits and make millions and it is considered their right. The police are involved in drug trafficking and it is not considered a serious crime. On November 12th two men (Denis Perera and Saheed Mohamed) who were found guilty of possessing eight kilograms of heroin were released on orders from the Attorney General’s department which comes under the President himself. But a school girl who had picked 8 fallen coconuts from the neighbour’s garden was not so lucky. She had to pay Rs. 50,000 because hers was considered a more serious crime! An MP in parliament stated recently that the Prime Minister himself is not a rogue, but there are others in the House who live on the income gained from selling narcotic drugs. Who are these drug peddlers in parliament? We are not told. Parliamentarians seem to protect one another irrespective of their different parties. Statistical reports compiled by the National Dangerous Drugs control Board (NDDCB) have revealed that the “Mathata Thitha” (End to intoxicants) campaign given so much publicity and glorified, has misera- bly failed. In 2012 in the Colombo district alone 13332 had been arrested for possessing heroin, where as in 2008 it had been only 5843. The report also reveals that most students in Colombo schools are drug ad- dicts. Is Sri Lanka becoming a “Drug Hub” or is it only another myth created by the international community to tarnish the country’s image? The JVP has lodged a complaint against the Chairman of the Commission to Investigate into Allega- tions of Bribery or Corruption (CIABOC). Chairman Jagath Balapatabendi is criticized for allegedly suppress- ing and covering up charges of bribery and corruption against government politicians and their stooges, in the past 06 years from the time he was a judge of the Supreme Court until the present, as chairman of CIABOC. Will Balapatabendi be removed? The charges against him have been so far ignored by the regime and may never be probed. He perhaps is heavily “plated with gold” unlike the poor school girl.

Human Rights Review : October - December 4 Institute of Human Rights CURRENT ISSUES 5

Sampanthan writes to President condemning attack

amil National Alliance (TNA) Leader, R. Sam- of their human rights on Human Rights Day. Mem- T panthan, in a letter to President Mahinda Ra- bers of civil society and some of the Provincial japaksa, had condemned the attack on a group of Councillors had also participated in the demonstra- protesters in the vicinity of the Trincomalee bus tion along with members of the public. stand, who were observing Human Rights Day. "The demonstration was absolutely peaceful Sampanthan said the attack that took place and those participating in the demonstration carried at the Trincomalee bus stand on Human Rights Day posters demanding justice. I was informed that (10 December) indicates the total breakdown of the some police officers were present at the scene," rule of law in the country. Sampanthan said. The letter to the President further states: The letter also stated that, sometime after "Such an attack on peaceful protesters is not the demonstration had commenced, some persons, merely highhanded; it is also indicative of a fascist a few of whom had their faces covered with a piece approach, and constitutes a very grave violation of of cloth, had set upon the demonstrators and had the human rights of the people on Human Rights manhandled them. The posters which the demon- Day." strators were carrying were also forcibly taken and Sources said a peaceful demonstration was damaged. The demonstrators had also been being held at Trincomalee, in close proximity to the warned that they should not carry out protests main bus stand around 11.00 a.m. last Tuesday to against the government. In the melee, some of the mark Human Rights Day, a day so proclaimed by demonstrators were injured. the United Nations. The demonstration was con- By Mirudhula Thambiah ducted by parents, spouses and close relatives of -Ceylon Today - 17/12/2013 missing persons, to draw attention to the violation

People blocked from protesting in Jaffna

Over 500 residents of Valikamam North in Jaffna are engaged in a five-day protest, which began Monday (11 November) asking the government to return their lands.

According to sources, the full anticipated crowd of 30, 000 – mostly people who had lost their land to the State – however had been unable to participate as certain political parties and outside elements had blocked them from leaving their welfare centres where they have been living since the war came to an end in 2009.

However four foreign journalists and their teams had been able to cover the protest, which had taken both the protesters and the officials present there by surprise. -Ceylon today – 13/11/2013

From a CPA /SI survey on Democracy in post war Sri Lanka : Summary of findings

96.3% of Sri Lankans believe that they are free to practice their religion in their community

Human Rights Review : October - December 5 Institute of Human Rights CURRENT ISSUES 6 Army dismisses Jaffna protest as a 'circus'

ilitary Media Spokesman, Brig. Ruwan Wani- said a total area of 11,000 acres where the Army M gasuriya, yesterday alleged that organized camps had been located, have now been reduced groups are trying to draw international attention to to a 6,000 acres due to the Army vacating those their claim that the military should be moved out of areas. the North, under the guise of blowing out of pro- An area of 5,500 acres had been given back to the portion, a non-existent or minuscule land issue people of the area. In addition, a further extent of through purported demonstrations. 250 acres will be returned to the people this week. Wanigasuriya was responding to a query by After the end of the terrorist war in the Ceylon Today about the tense situation that pre- North, there had been no resurgence of terrorism vails in the North, in the wake of a series of pro- due to the close watch the military had been keep- tests that had followed. ing in the area. Army camps have been set up only "Their objective apparently is to draw the at strategic places which have been identified as attention of the Heads of States who are coming vulnerable locations. to...... Sri Lanka to attend the Commonwealth The military camps in and around the Heads of Government Meeting (CHOGM) that starts Palaly Airport and Kankesanthurai Port had been in on Friday (15). When the British Prime Minister existence for the last 50 to 60 years. The land ar- visits Jaffna, these people want him to watch their eas in those camps were only being expanded later circus," he said. on to suit the present security requirements. This is a circus in the very sense of the At present, camps are being set up ony in word and it cannot be described as a true protest places that the military considers absolutely neces- campaign by any stretch of the imagination, he sary, the Brigadier added. added. By Premalal Wijeratne Elaborating further, the Military Spokesman -Ceylon Today - 14/11/2013

Threats against Nimalka Fernando’s life and other human rights defenders through state media

IB Reference: IMP/PAC/0/1140/13(Police Complaint Number) The radio programme titled Rata Yana Atha (The way country is forging ahead) broadcast in the Commercial Channel of the Sri Lanka Broadcasting Corporation on 4th November 2013 was based on a voice cut given by me to the Hiru TV to be relayed in the HARD TALK segment during the daily news bulle- tin. I had listened to the original version of the HARD TALK relayed on Sunday 3rd of November by HIRU TV. On 4th November morning I received several telephone calls from friends and relatives stating that a statement made by me to HIRU TV is being used in a radio programme of the SLBC in an improper man- ner including causing threat to my life. According to them what was said in this programme was going to cause a real danger to my life. Since the telephone calls received were of serious nature taking note of their concerns I decided to switch on the radio to listen to this particular programme around 9.00am on the 4th. I listened to the pro- gramme for about 30 minutes. What I heard was so violent , defamatory and stressful and I had no mental strength to continue to listen any further. The synopsis of what I heard is given below: The main title of the Programme was `Stoning the Sinner Woman’ Broadcast: Sections of what I said in the Hard Talk interview `59 years old…divorced….serving 30 organisations…about Rs 100,000…since 1989 carried tales….’

From the studio voice of Mr Hudson Samarasinghe Chairman of the Sri Lanka Broadcasting Corporation (Continue on page 07)

Human Rights Review : October - December 6 Institute of Human Rights CURRENT ISSUES 7

(Continue form page 06) `See what she has done’ Then calls were taken. I am writing only what I remember though much more abusive and defam- ing statements were made by the callers , Mr Hudson Samarasinghe and a person called Gayan who was present in the studio as the compeer of the programme: Call 1: “ We cannot allow persons like Nimalka Fernando to live in this society” Call 2: “ We use insecticides to eliminate the spread of mosquitoes. Some mosquitoes develop a resistance to such spray. These people are like that. We have to find a method to destroy them.” Call 3: “If we do something to them the government will be blamed by the human rights people. We should use a lorry and cause an accident.” Call 4: “ There is something called cleaning in the army. Mr Gotabaya knows this. We should hand her over to the cleaning system.” Call 5: “Chairperson, today you have started a good activity. Continue this up to March 2014 and begin to deal with the NGO clan one by one.” While callers were making such statements Mr Hudson Samarasinghe was actively involved in sup- porting the ideas expressed to eliminate me. The words he used welcomed such ideas as well as endorsed them. The person called Gayan too (present in the studio) joined him agreeing to the ideas and facilitated the calls. Most of the callers were men. During the 30 minutes at least 3 of them identified themselves as those who had served the armed forces and retired. Another caller said that he has a friend who was injured during the war. Some callers also mentioned names of Vickramabahu and Lal Kantha who are political leaders in Sri Lanka who have expressed fearlessly their positions publicly. They were of the view that `the society has not taken action against them’. Mr Hudson Samarasinghe who is the Chairman of the Sri Lanka Broadcasting Corporation did not stop the callers from making offensive and derogatory statement nor spreading such violent ideas against me. He did not disassociate himself from these comments which called for my annihilation. I heard a caller referring to me as a prostitute. The Chairperson of the SLBC encouraged all these comments and further encouraged openly defamation and my annihilation. The totality of this programme is the creation of a dialogue through a gov- ernment media to destroy my life.

ast night I was secretly visited by a woman made clear, was a special army unit, which, it is L called Nimalka Fernando, a human rights ac- claimed, is under the direct command of the de- tivist. She sneaked into our hotel to talk to us, de- fence secretary, the president’s unelected but pow- spite suspicions that the walls have ears. Last week erful brother, Gotabaya Rajapaksa. she was the victim of a string of overt death threats, broadcast on state radio in a phone-in Nimalka’s crime? show hosted by Sri Lankan Broadcasting Corpora- tion’s Director, Hudson Samarasinghe. To openly oppose – as spokesperson for a national Nimalka was labelled a prostitute and alliance of 150 non-governmental organisations – seven callers – four of whom identified themselves the upcoming Commonwealth summit. The presi- as ex-military – suggested ways by which she could dent’s detractors believe that hosting the meeting be “eliminated.” They ranged from simple murder is being used to shore up his domestic political and dumping her body in a river (along with two capital. They see it as a spectacular propaganda other named “traitors”) to handing her over to “the coup for a megalomaniac dictator. cleaning unit.” This, one impish caller apparently -blogs.chanel4.com

Human Rights Review : October - December 7 Institute of Human Rights CURRENT ISSUES 8 Extracts from an article by R.M.B. Senanayake Right of citizens to participate in peaceful protests

eaceful protest is a vital part of a democratic society and has a very long and respected tradition in the P democratic world. It can be a very powerful campaign tool against injustice and many of the rights and freedoms the people in the democratic countries of the West enjoy today were gained because their people were prepared to go out on the streets and protest. Such a right to protest is a manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech – all guar- anteed by our Constitution. Whose duty is it to protect the rights of citizens? It is the bounden duty of the government of the day and the President when he takes office swears to uphold the Constitution. The police and the Courts too are expected to uphold the law and the Constitution. The Courts in our country have not upheld the right of the public to carry out peaceful protests. They consider only what the police say about the need to ban such protests. They never consider under what circumstances such right of peaceful protest should be permitted for citizens. They should balance the need for the public not to be inconvenienced with the fundamental right of the citizens to engage in peace- ful protest. Our Courts have not shown much sympathy for the citizen’s right to peaceful protests. They have been perhaps influenced too much by the trade unionists who exercise such rights with much bluster and shouting of abuse. But peaceful protests don’t have to be like that. With the erosion of democracy in our country since the 18th Amendment did away with the Inde- pendent Commissions the need for public protest has become more urgent. The people of Rathupaswala carried out street protests and the Army was called in and they were fired upon. In the past it was only the police that dealt with public order and no firing order could be given except by the Government Agent or a Superintendant of Police and that too after reading the Riot Act. So today, the challenges facing all those engaged in the public expression of political opinion are immense. It is possible, however, to rise to, con- front and often overcome such challenges. Knowing our rights and having a good understanding of the scope of laws aimed at curtailing protest and restricting the expression of political opinion should help those courageous enough to protest to do so within the law. -Ceylon Today - 16/12/2013

Human Rights Review : October - December 8 Institute of Human Rights CURRENT ISSUES 9 Extracts from the article : Alternative People’s Forum And Duty To Perform

Counter People’s Forum In the run-up to CHOGM, government intelligence More than 300 activists from all parts of the country sleuths questioned civil society leaders whether attended the alternative People’s Forum. This con- they were planning a huge counter People’s Forum stitutes a larger and more authentic representation in Galle to be a rival to the official event. So far no of Sri Lankan civil society than will be permitted to such event appears to have been planned. How- take place in the official People’s Forum in Hik- ever, an alternative People’s Forum did take place kaduwa, which has been dogged by obstacles in Colombo, and not in Galle, on Thursday, three placed in the path of those seeking to attend it. One days prior to the official event in Hikkaduwa, which has been the need to get security clearance to get is scheduled for Sunday. This alternative event was accreditation. The other is the high cost of registra- not meant to rival the official Commonwealth Peo- tion which is Rs 15,800 and is well out of reach of ple’s Forum or to disrupt it. Nevertheless, the gov- many civil society activists or their organisations, ernment appears to have taken the event seriously. and which is in addition to having to find accommo- The state radio conducted an interview programme dation and meals on their own over the four days of with life threatening comments against the organis- the event in a location that primarily caters to for- ers of the alternative event. Such a level of impu- eign tourists. nity indicated approval from the top. The poor’s appreciation It is unfortunate that the manner in which the gov- At the alternative event in Colombo, there was a ernment dealt with the alternative People’s Forum strong representation of participants from the for- has provided ample evidence for the disregard of mer war zones of the North and East and also from Commonwealth Values in the host country, which the much neglected Plantation sector which remains has formed the basis of the worldwide protests the poorest and most underserved in Sri Lanka. against it being held in Sri Lanka. The Role of Civil Those who spoke on the occasion representing the Society is one of the 16 paragraphs of the Com- problems of the North and East, did so with much monwealth Charter which has also been signed by feeling and emotion. They spoke of their continuing Sri Lanka. It states, “We recognise the important poverty, of their missing loved ones whom they role that civil society plays in our communities and hope are still alive, of lands they have lost and countries as partners in promoting and supporting about developments taking place over which they Commonwealth values and principles, including the have no control. They appreciated the alternative freedom of association and peaceful assembly, and People’s Forum that had given them a forum to air in achieving development goals.” their longstanding grievances. The draft memorandum that was presented for dis- There was also the voice from the Plantations, from cussion at the alternative People’s Forum in Co- the people who continue to work on the tea estates lombo stated that the Sri Lanka’s government, “Is even today for which they were brought down from in violation of a host of international covenants and India by the British over 150 years ago and who instruments on human rights to which it is a signa- continue to remain the poorest and most neglected tory, including the Commonwealth Charter and the in Sri Lanka. They too bemoaned their inability to preceding declarations of the Commonwealth on take up these issues at the official People’s Forum which the Charter is based”. It has been unfortu- to which they would have no access due to registra- nate that instead of there being a strengthening of tion and fee paying problems. They feared that civil society with the government, there has been a there would be no one to take up their issues on weakening of it in Sri Lanka over the past few their behalf. years. There has been a constriction of the space By Dr. Jehan Perera for many civil society activities in Sri Lanka due to -Sunday Leader - 10/11/2013 the appearance of government mistrust of these organisations which appears set to continue.

Human Rights Review : October - December 9 Institute of Human Rights CURRENT ISSUES 10

Channel 4's Vanni tour thwarted physically blocking the train from moving. They were 'aware' we were on the train and this was an Thousands of protesters shouted slogans and slept 'orchestrated' demonstration." on the railway track in Anuradhapura, as a mark of He went on to say, "While we were on the plane, protest against the controversial Channel 4 journal- flying into Sri Lanka, many in the country knew of ist, Callum Macrae, when he and his six-member our time of arrival. We had not told anyone the team were on their way to Kilinochchi by train yes- time of arrival but there was a demonstration at terday (13). The Channel 4 team had boarded the the BIA as soon as we came out. train at 6.00 a.m. from the Fort Railway Station yesterday. However when the train had reached "We 'seem to be followed.' The questions are there- Anuradhapura, protesters had got onto the railway fore, who told the demonstrators that we were on tracks to prevent the train from proceeding, leaving our way to the North, and as well as our arrival in the commuters stranded for a couple of hours. the island?" he asked. Subsequently, the police had arrived to disperse the protesters and 'rescue' Macrae and his team to The Commonwealth principles insist on the protec- take off in cars. Sources said the Channel 4 team tion of democracy, free speech and human rights, was not able to leave the carriage in which they but these are not evident, he added. were seated as the protesters had prevented them from doing so. "Sri Lanka is the host country of the Common- wealth Summit, and despite President Mahinda Ra- When Ceylon Today contacted Macrae, the pro- japaksa being the Chairperson for the next two ducer of the alleged war crimes documentary on Sri years, all those principles have been flouted. In- Lanka, No Fire Zone: The Killing Fields of Sri Lanka, deed, it appears to be so, most of the time," he for his views on the incident, he said: "We were said. travelling to Kilinochchi to see for ourselves the situation in the north. We wanted to see with our "We were going to Kilinochchi to see some places. own eyes and we requested that we be given that There is no secret when six foreigners are walking privilege. It was this government and President on the road in Kilinochchi, but now we are wonder- Mahinda Rajapaksa who had assured that all for- ing how we can continue to work here during our eign journalists coming for Commonwealth Heads stay," he further said. of Government Meeting (CHOGM) can travel any- where in the island freely. However, this was not Callum Macrae said, "I will not leave Sri Lanka due the case. When we arrived in Anuradhapura, a to such pressure exerted on us and we are deter- large demonstration was underway and they mined to finish tasks as planned. We are going to blocked the train and invaded the carriage where carry on with our job as planned in Sri Lanka, but six of us were seated and prevented us from mov- at the moment we have not decided our next ing from there. move." By Sulochana Ramiah Mohan "It was a very noisy demonstration and they were -Ceylon Today - 14/11/2013

From a CPA /SI survey on Democracy in post war Sri Lanka : Summary of findings

42.5% believe that the media in Sri Lanka is completely free to criticise the Government while 25% disagree.

70% say that Sinhala is the only official language of Sri Lanka.

Human Rights Review : October - December 10 Institute of Human Rights CURRENT ISSUES 11

Cannot vouch foreign journalists' safety so.' "Just because President Mahinda Rajapaksa would be the Media Minister, Keheliya Ram- sas to visit Sri Lanka and it is Chairman of the CHOGM does bukwella, said yesterday that he the government's duty to pro- not mean anyone could violate cannot vouch for the safety of vide them security. "Meaningful the rules of the country," he re- foreign media personnel who steps will be taken to bring them marked. travel outside the Colombo city. to a safe place and security will Rambukwella also said He said that the govern- be provided till they depart," he just because some are ment can guarantee security for said. 'Australians and Europeans' they foreign media personnel within To the question on the cannot violate the law of the the city but not when they go protest such as the one that country. "Recently, we even de- outstation on their own volition. took place in Anuradhapura, be- ported an Australian and a New He said, "There is 'huge dissent' fore the train in which Macrae Zealander who were engaged in among the public regarding and his team were travelling to activities that do not come un- Callum Macrae, the Channel 4 Kilinochchi, would cause embar- der the conditions in which their Director who exposed alleged rassment to the government, to visas were issued. They are un- war crimes in Sri Lanka, and the the foreign delegation and to the popular people and their safety people appear to have taken President who will be the Chair- is in question," he said steps on their own to agitate." person of the CHOGM for next By Chrishanthi Christopher He said the Channel 4 two years, the minister re- -Ceylon today – 14/11/2013 journalists have been given vi- sponded saying 'it will never be

he refugees of 'Sabapathy Pillai' believed David Cameron had been sent by God to help them get their T land back. A swarm of Jaffna women stormed through a line of military police to plead for his help in finding their missing loved ones. Despite fears within Downing Street that Sri Lanka would find a reason to prevent his trip to the North, a red carpet was rolled out for Cameron as his private plane, operated by a commercial arm of the military, arrived in Jaffna last Friday. His first stop was a meeting with C.V. Wigneswaran, the new Chief Minister of the Northern Province, at Jaffna's symbolic library, which was torn d' down and rebuilt after 'go the civil war. as ron As he left the building, his car was me surrounded by hundreds of Tamil Ca protesters, held back by the mili-avid tary, as they tried to hand him pictures of their missing loved ones. ail D Several were thrown to the ground as they broke through a security s h cordon to reach him. mil The Prime Ta Minister also visited the 'Sabapathy Pillai' refugee camp, described by the government as a 'welfare village', where around 150 families have lived in makeshift accommo- dation since they were displaced in 1990. Inside the camp, residents were optimistic that Cameron's visit could improve their chances of re- turning to the fishing settlements they left behind 24 years ago, which have been turned into a military zone. Suharsha Uthayaswriyan, deputy leader of the site, repeatedly said his people were not angry with the government, but they lived in 'bad conditions' and 'just want to go back to their lands.' "We do not want to live in a welfare centre, we want to live in our own lands," the 30-year-old said. "For the past 23 years, people have come to see us but have not taken any action. We believe in David Cameron to be a god coming down to this part of the land; we believe he can make a difference. He is God and sent by God to us," he said.

-The Guardian -Ceylon today - 20/11/2013

Human Rights Review : October - December 11 Institute of Human Rights CURRENT ISSUES 12 British PM invites Wigneswaran to London

ritish Prime Minister, David Cameron, has ex- ministration by stabilizing communication and tech- B tended an invitation to Northern Province nical aspects with due grants provided to the NPC; Council (NPC) Chief Minister, C.V. Wigneswaran, to (d) Resettlement of the Internally Displaced Per- travel to London and visit him at his residence at sons (IDP); (e) Post-war resettlement and rehabili- No. 10, Downing Street. tation in the North; (f) Education and job opportu- The British Leader met the Chief Minister nities along with vocational training. Wigneswaran and Tamil National Alliance (TNA) Chief Minister Wigneswaran, commenting Parliamentarians, R. Sampanthan and M.A. Suman- on his meeting with Cameron, said he was very thiran, at the Jaffna Public Library on Friday (15). impressed with the manner in which Cameron had Cameron said that he was impressed with conducted himself during the talks. the details given to him by the Chief Minister on "David Cameron was remarkable. He is a the political and human rights aspects in the post- smart gentleman and expressed his views impres- war North. sively," Wigneswaran said. The British Leader was also given a docu- Soon after the meeting, Cameron, accom- ment prepared by the Chief Minister on the six panied by the Wigneswaran, Sampanthan and Su- prime issues to be resolved in the North. manthiran appeared on balcony of the library, as a The six issues highlighted were: (a) Mak- large number of people stood outside the premises, ing the Northern Province a no military zone; (b) awaiting an opportunity to speak with him. Appointing a civilian governor to the Northern Prov- By Jaffna Correspondent ince; (c) Strengthening the Northern Province ad- -Ceylon Today - 20/11/2013

Mauritius Prime Minister, Mauritius at the Summit. Navin Ramgoolam, will not The Prime Minister made Ramgoolam said he made the travel to Sri Lanka to attend the the announcement at the Na- decision because 'he is a man of Commonwealth Heads of Gov- tional Assembly yesterday, while principle.' He said he had ernment Meeting (CHOGM), be- responding to the received information ac- OGM cause 'he is a man of principle' Private ts CH cording to which the situa- and has received information cot tion in Northern Sri Lanka has boy according to which the PM Notice not improved. itius situation in Northern Maur Question (PNQ) of the The Leader of the Oppo- Sri Lanka has not Leader of the Opposition. Paul sition as well as the Mauritius improved. Berenger, in his PNQ, wanted to Tamil Temples Federation asked The Prime Minister said, get confirmation from Ram- Ramgoolam to boycott the sum- instead of him, his Foreign Min- goolam whether he would par- mit in Sri Lanka. ister, Arvin Boolell, will be rep- ticipate in the Commonwealth -Ceylon Today – 13/11/2013 resenting the Government of Summit in Sri Lanka or not.

From a CPA /SI survey on Democracy in post war Sri Lanka : Summary of findings

Around 82% of Sri Lankans say that the general security situation in the country has changed for the better over the last two years, with 42.8% stating that it has got a lot better.

Human Rights Review : October - December 12 Institute of Human Rights CURRENT ISSUES 13 On Commonwealth Values – Rosie Senanayake

Q. There have been concerns voiced over diciary branches of to protect the rule of law. the handing the chair of CHOGM for the next 7. Adhering to the rule of law- to keep govern- two years to President Mahinda Rajapaksa, ments accountable and transparent, in order to with those opposed claiming it would grant protect the people of a nation. this regime the opportunity to claim legiti- 8. Good Governance, for a government to be trans- macy for their current operations. What is parent, accountable and root out corruption. your stance on this? 9. Recognizing that sustainable development can A. The UNP strongly believes and supports the val- help eradicate poverty and being committed to re- ues of the Commonwealth Charter, which are out- moving unequal living standards. lined: 10. The importance of protecting the environment 1. A commitment to a universal declaration of hu- and protecting and conserving our natural ecosys- man rights and a belief that there should be equal- tem and affirming that sustainable management of ity and respect of civil, political, economic and cul- the natural environment is important to sustaining tural rights in a nation, strongly opposing any and human development. all forms of discrimination on political and cultural 11. Access to affordable health care, education, beliefs. food and shelter to citizen’s of a nation. 2. A belief in a democratic process to have free and 12. Gender Equality and women’s empowerment fair elections, to be able to elect whomever the citi- being essential to human development and a basic zen’s of a nation choose to elect into human right. power. Understanding and valuing the importance 13. Importance of the youth and recognizing the of the Commonwealth Ministerial Action Group as a important, active roles and contributions young forum to address violations to Commonwealth val- people play in promoting peace, development and ues. protecting Commonwealth values. 3. International Peace and Security being vital to 14. Recognizing the needs of small states, for ex- prosperity of nations and condemning any and all ample, Sri Lanka, and being committed to assisting forms of terror. in our development. 4. An emphasis on the need to promote tolerance, 15. Recognizing the needs of vulnerable states and respect and understanding especially in the area of being committed to finding new ways to provide religious freedoms and rights. new ways to help least developed countries. 5. Freedom of Expression to engage in free speech 16. Lastly, the vital role civil society plays in our and free and open dialogue, also the freedom of communities to promote and protect Common- the media. wealth values. 6. In order to have good governance there must be By Camelia Nathaniel the separation of the legislative, executive and ju- -Sunday Leader - 17/11/2013

Rapp & Sison visit the North (File photo) -Daily Mirror - 15/01/2013

Human Rights Review : October - December 13 Institute of Human Rights CURRENT ISSUES 14 Don't Touch Sirasa finally settled in the UNP, the ments of the Supreme Court same as all the other political have clearly shown that Article e can recall how Sri invalids did. 155(2) of the Constitution is W Lanka's State media cul- A proverb goes that a above all legal provisions. The ture turned topsy turvy when little hole will sink a big ship. Article is related to the Right to Mangala Samaraweera was the The UNP that struggled for the Information. Minister of Media. Sending me- right to information has now As an elected represen- dia ethics to the dogs, he ad- fallen to the level of demanding tative of the people, Mangala vised to distort the speeches of the closure of a media institute. Samaraweera is thus undermin- Opposition MPs. Lake House was Mangala Samaraweera, who ing the fundamental rights of the even made a haven for the could be heard saying that the people. This is a Hitler-style fas- SLFPers who worked in his elec- government was afraid of the cist act. Machiavelli in his The tion campaigns. The peons flew people's right to information, is Prince wrote about the hardship above the heads of the chief edi- now afraid of the media that of maintaining power. It is usu- tors in his era. stripped him. ally the governments that come Mangala turned a new Considering the ongoing to power that block media free- page in media history by inject- developments, it is not too much dom to hang onto this power. ing hatred into media practices. to imagine that Mangala The Opposition has begun to Totally disregarding ethics, Man- Samaraweera will soon be on meddle in freedom of expression gala distorted even the photos of the streets demanding for the even without this power. Opposition MPs and used them suppression of media. In line No right-minded person in his mudslinging campaigns. with his theory, newspapers will approve of the Opposition – He made history by being the have no right to investigative which is needed to stand with first Minister of Media who held a journalism or to expose corrup- the people – joining hands with press conference to justify the tion. A television channel may the government for bad pur- Presidential Security Division not show the truth. Along with poses. That is why we must beating media persons at Red this theory, ministers and Chiefs stand against politicians like Cross junction. He was so power of State enterprises will have to Mangala Samaraweera who fol- crazy then. spend much of their time lan- low their own ambitious, individ- Later he was expelled guishing in courts. Journalists ual agendas. We appeal to the from the government with his must be in jail. people to rise up for a populist ministerial portfolio being Citizens must condemn Opposition before all our rights stripped off him. He was blowing Mangala Samaraweera's anti- go wrong. in the wind for two years and democratic behaviour. Past judg- -Ceylon Today – 27/11/2013

Three Churches Attacked On Christmas Eve police protection from the night of the incident. “As the world prepared to celebrate Christmas on 2. The same night, the Assemblies of God Church the 24th evening, three churches in the South of Sri in Hikkaduwa was attacked by a group of unidenti- Lanka were attacked by mobs”, says the National fied assailants throwing fire crackers into the Christian Evangelical Alliance of Sri church premises and into the pastors residence ad- Lanka (NCEASL). joining the church. 1. The pastor of the Assemblies of God church in 3. At approximately at 11.30p.m., another group of Angunukolapalassa was surrounded by a mob of unidentified assailants began to hurl stones at over 300 villagers together with Buddhist monks, the Light House ChurchHikkaduwa. Some minor demanding he stops all worship services planned damage was reported with glass windows being for Christmas day. The mob alleged that there was shattered by the stones. a police complaint made by a Buddhist monk All three pastors have lodged police complaints in against the pastor’s religious activities. However, the respective area police stations. the pastor cited his fundamental rights and refused www.colombotelegraph.com to stop holding services. The pastor was provided

Human Rights Review : October - December 14 Institute of Human Rights CURRENT ISSUES 15

Growing International Consensus On The Need For An International Investigation

The failure of the government to conduct a credible investigation at the time of the incident, or even after- wards as the LLRC recommended, highlights the problem of credibility that the government now faces. This is the basis of the ever increasing international demand for an independent international investigation into our past. There is speculation that the government will be soon setting up a Truth and Reconciliation Com- mission (TRC) on the lines of the one made famous by South Africa after its transition from apartheid to democratic governance. It is important for Sri Lanka that the government should be able to answer its de- tractors that it is not merely engaging in various time-buying ploys in order to thwart the call for an inde- pendent international inquiry into allegations of serious human rights violations and war crimes. By Dr. Jehan Perera -Sudnay Leader - 08/12/2013

Nonis refuses to participate in discussion on SL's Unfinished War

The Sri Lankan High Commissioner to the Tamils in the North-East, took place at the Frontline UK, Dr. Chris Nonis, refused an invitation to partici- Club yesterday. pate in the panel discussion which the producer of Macrae outlined that the lack of credibility the documentary Sri Lanka's Unfinished War, Fran- of any investigative initiative set up by the Sri ces Harrison, producer of the No Fire Zone docu- Lankan Government. mentaries, Callum Macrae, and policy and advocacy "The Sri Lankan Government has an end- manager at Freedom from Torture, Sonya Sceats, less history of commissions that have amounted to took part. nothing. And I think we're going to see a lot in the The panel was chaired by a barrister at a run up to the UN sessions in March. I think a spuri- London chamber who acted as the rapporteur to ous reconciliation commission will be offered with investigate the impeachment of Sri Lanka's Chief the unfortunate help of South Africa (TRC), which Justice. Questions were also invited from the gal- will be used as an excuse to prevent things from lery. happening. I'm sorry but from what they've done in A preview screening of the BBC World the past, we can guarantee that almost any investi- documentary Sri Lanka's Unfinished War which out- gation will be spurious." lines several cases of rape and torture against -Ceylon Today - 03/12/2013

Mannar - Tamil misery continues According to the reports from the area the gov- ernment redevelopment plan costs about 650,000 rupees per house but only 325,000 rupees is available.

Broken, torn buildings tower over the tiny UNHCR tents on the gardens and court yards. Hanging clothes, pots and pans and carry bags scattered around the land show signs of civil- ian life

By a special correspondent Exclusive to BBC Sinhala service

Human Rights Review : October - December 15 Institute of Human Rights CURRENT ISSUES 16

Govt's CHOGM bill at Rs 15.8 B the revenue, but the President did not spell out the strategies to bridge the Rs 11 billion budget he government has spent a whopping Rs deficit. It was the bad management of the economy T 15.8 billion on the recently concluded Com- which has led to the higher call rates for mobile monwealth Heads of Government Meeting phones, higher prices for petrol and also the higher (CHOGM), opposition charged in Parliament yester- interest on bank loans. day. Spending money of this magnitude for a meet- "The government has claimed there is a Rs ing of this nature should have some sense of pro- 20 billion decrease in the expenses of the Ministry portion where 54 Mercedes Benzes were imported of Defence and Urban Development, but the actual for the 54 Heads of Governments, but only 21 ar- statistics show something different. rived, Colombo District United National Party (UNP) "The government's Rs 1 billion proposal for MP, Ravi Karunanayake, speaking during the a Farmers' Pension scheme can cater to only budget debate said. 69,000 farmers, but there are 6.9 million farmers "This is the amount the government has in the country, which means the government spent and we want them to come clean about these should have provided Rs 6 billion for the farmers' expenses, which include Rs 5 billion for the limou- pension funds. sines and the other expenses include the roads and "Though the government has claimed the other infrastructure developments, the payment of public servants have been assured of additional hotel bills and all other related expenses," Karun- allowances, the increment does not match the in- anayake told Ceylon Today on the sidelines of the flation rate. "The government has allocated Rs budget debate. 6,700 million for education, which was a mere He also said hosting an international meet- 1.3% of the budget, but a UNP government would ing such as CHOGM and the Commonwealth Busi- have increased to around 4% of the budget." ness Forum was good, but, effectively the busi- Karunanayake also debunked the govern- nessmen who arrived were not the businessmen ment's claim of Rs 3,100 per capita income, which from the Commonwealth, but from China! he said, would have shown that each employee He also blamed the government for getting should have received Rs 31,000. But, the reality is commercial loans at high interest rates of 6% and that there are employees who are barely drawing 7%, which were also associated with the NDB Rs 20,000 per month, he pointed out. Bank's Dollar Bond issue and others, whereas the “It is absurd for the government to pay the concessionary loans that the UNP got during its expatriates a mere 2.5% interest on Non Resident short-lived government of 2001 was only at 0.5% Foreign Currency Accounts when the government interest. was paying 9-10% on foreign loans," he charged. "It is indeed sad that the government was Commenting on the Hambantota Port, Ka- spending 41% of its revenue on repaying loans and runanayake said the government's revenue was now it has risen to 43%," he alleged. only Rs 200 million from the 140 ships that docked Karunanayake also said President Mahinda there to date, but the annual loan and the interest Rajapaksa's budget speech did not outline the component was Rs 6.8 billion. strategies to explain the revenue proposals, but the document which was placed before Parliament yes- By Ravi Ladduwahetty terday was only about government expenses. "It is Ceylon today – 23/11/02013 now the services sector which is bringing in 62% of

From a CPA /SI survey on Democracy in post war Sri Lanka : Summary of findings

Only 32.3% of Sri Lankans have heard of the LLRC.

Human Rights Review : October - December 16 Institute of Human Rights CURRENT ISSUES 17 War of words over prime ministerial connection in heroin smuggling

The controversy-ridden request for an unusual duty waiver for a grease and ceramic ware container that concealed 1,262 tins of heroin – imported by one Omar Kamil of Colombo 10 – reached new heights last week, with the letter-issuing Co-ordinating Secretary to the Ministry of Buddha Sasana, Keerthi Sri Weeras- inghe, accusing his colleagues of making him the ‘sacrificial lamb’ for a messy political deal in which he claims of not having any part.

The heroin haul – a total of 261 kgs – has been valued at Rs 1.5 billion, one of the largest consignments of brown sugar smuggled into the country, this time around, using connections in high-up places.

The reason that reportedly compelled him to issue the unusual letter requesting a duty waiver for the illegal heroin consignment is said to be a political associate’s request from Gampola, one Tharanga Wittachchi, who is considered a close associate of the Prime Minister. Now that the request has been facilitated, to the detriment of many, Prime Minister. D.M. Jayaratne, has adopted a policy of stony silence, avoiding any in- teraction with the media which is full of queries, except to issue strict instructions to the Prime Minister’s Office and the Ministry of Buddha Sasana to avoid making any statements in this regard.

By Dilrukshi Handunnetti -Ceylon Today - 15/12/2013

A template for ultimate corruption dreams; they have not only 'legalized' bribery and corruption, they have made it a norm of Never in the post-Independence history of Sri everyday administration and everyday life. People Lanka, to put it in 'Churchillian' lingo, "have such a no longer expect any politician to be doing his job few stained the image of governance so vastly in for nothing. Even the smallest favour is being of- such a short time." The role-models have become fered for cash or 'flesh'. That is the cruellest aspect the very criminals; greed and avarice have replaced of this process. duty and honour and politics has been turned into a lucrative business for good-for-nothing lotus eaters. Corrupt practices

None of these happenings were born yesterday. The resulting emergence of the novel structure of From the time this government came into being society is designed to accommodate these corrupt many such accusations against several politicians practices; the architecture of the structure has were being bandied about. The accusations are as been well crafted, the machinery sufficiently oiled long as the list of politicians and the wealth accu- and the mechanics adequately trained. The whole mulated via allegedly illegal and illegitimate ways is apparatus of corruption, bribery and extortion is supposed to be enormous and is speculated to be ready to run at a simple turn of the switch. There sufficient for a couple of generations after the does not seem to be any way back; the very rever- physical demise of the original collectors. The most sal of the process looks awfully hard and impossible dastardly aspect of these crimes against the public to achieve. Both parties, the players and specta- is that they are being committed and continued to tors, are engaged in fine-tuning the machine. be committed by the very characters who profess to be the messiahs of the 'common man.' They By Vishnugupta have most effectively hijacked the common man's -Ceylon Today - 15/12/2013

Human Rights Review : October - December 17 Institute of Human Rights CURRENT ISSUES 18

NPC renews demand for civilian Governor

The Northern Provincial Council (NPC) passed a motion calling on President Mahinda Rajapaksa to appoint a civilian as the Governor of the Province, during its second sitting on Monday (11). This issue had been in the forefront of the Tamil National Alliance (TNA) agenda since September. TNA Media Spokesper- son, Suresh Premachandran, said, "We hope the President will respond to our motion in a positive manner. If he believes in the democratic process, he will listen to us." Premachandran further said, "We will wait for a response from the President, but if he does not heed our call, we will be forced to conduct mass agitations in the North." Two other motions were also passed on the day: One approved the removal of the Special Task Force (STF) from a school in Vavuniya, so it can function as any other school, and the other touched on the need to collect more recent statistical data on the North, especially in relation to its economic progress -Ceylon today – 13/11/2013

ACHC alleges several Hindu kovils demolished

Chairman of the All Ceylon Hindu Congress Wigneswaran was unavailable for a com- (ACHC), Kandiah Neelakandan, alleged that Hindu ment. kovils had been destroyed in the High Security Army Media Spokesman Brigadier, Ruwan Zone of Palaly-Kankesanthurai on 26 and 27 No- Wanigasuriya, said: “We do not destroy kovils. In vember. However, the Military Spokesman, Brig. fact, we have on many instances, helped to restore Ruwan Wanigasuriya, denied the allegation. kovils. Neelakandan said the public had informed “It is not even known whether there were the Chief Minister of the North Provincial Council any kovils in this particular place,” he added. (NPC), C.V. Wigneswaran, who had subsequently The OIC of the Palaly Police and the OIC of the been on his way to visit the area, had also been Kankesanthurai Police, as well as the Police Media denied access, he said. Spokesman, Ajith Rohana, denied any knowledge “We came to know later that he was de- of the incident. nied access by the military,” he added. By Ruwan Laknath Jayakody -Ceylon Today – 002/12/2013

Jeyapalan arrested & deported

The Norwegian Tamil poet and actor V.I.S Jeyapalan who was arrested by the Terrorist Investiga- tion Department last Friday in Vavuniya for violating visa regulations had been deported last night, Immi- gration and Emigration Department said today. Jaffna-born Jeyapalan who was on a tourist visa, has been arrested in Mankulam last Friday for holding seminars in Jaffna. He was later questioned by the TID and Immigration Officials at Mirihana detention centre. Jeyapalan was deported to Norway, Immigration and Emigration Department Chief Chulananda Perera said.(DS) -Daily Mirror - 28/11/2013

Human Rights Review : October - December 18 Institute of Human Rights CURRENT ISSUES 19 Details emerge of Sri Lanka's post CHOGM crackdown on dissent

here are reports that the Sri Lankan security a Tamil man, Sivakumaran Baskaran, was abducted T forces have been detaining and questioning in a white van in northern Sri Lanka. Mr Baskaran Tamils who gave interviews to the British media was a former rebel who’d been through the govern- covering the Commonwealth meeting in the island ment’s rehabilitation programme and had helped last week. In other cases family members of those the Tamil National Alliance with their recent provin- who gave interviews or helped the media have cial election campaign. Nothing has been heard of been threatened and intimidated. him since. The victims do On 22nd Novem- not want publicity for ber an award-winning their individual cases for Tamil poet, with Norwe- fear of further retaliation gian citizenship, VIS but the intimidation has Jayapalan, was arrested involved threatening by police in northern Sri phone calls, security Lanka as he was visiting forces turning up at peo- his mother’s grave. The ple’s homes, as well as visiting poet was initially visits to children’s said by police to have schools, work places and been “disrupting ethnic detention for hours of questioning. harmony” but then the suggestion was he might This is in addition to the report of harass- have been violating the terms of his tourist visa by ment of a Tamil activist who took part in addressing a public gathering. the protests by families of the disappeared that Similar reports of harassment surfaced af- greeted British Prime Minister, David Cameron, on ter the visit to Sri Lanka of the UN High Commis- his visit to Jaffna. The Catholic priest running the sioner for Human Rights, Navi Pillay, in August this Mannar Citizens Committee wrote to the Sri Lankan year. Ms. Pillay said that victims and their family President on Friday complaining about the incident, members, activists, and journalists had faced repri- saying threatening phone calls, extortion and in- sals and that this was an extremely serious matter timidation had now become routine for those de- that she would report to the UN Human Rights fending democracy and human rights. Council. On the day the Commonwealth meeting By Frances Harrison officially opened, there are now media reports that www.jdslanka.org

-Ceylon Today - 04/12/2013

Human Rights Review : October - December 19 Institute of Human Rights CURRENT ISSUES 20

The Disappearance Of Morality In Our Politics & The Crisis Of The State

The disease in our society today stems Here is what a Chinese scholar, Chang from the fact that our politics and governance are Hsin-hai, wrote recently in his article on “The Moral carried out without any moral standards. We have Basis of World Peace,” He asserts that this disease come to accept that politicians and politics can be of our society stems from a double standard of carried on without any reference to moral values. morals. He says that the root of our troubles, both Our politicians who were elected from the Opposi- national and international, lies in the acceptance of tion crossed over to the ruling party for very base moral standards in government totally different motives. They were either bought over with perks from those accepted and demonstrated as neces- to be funded by the people such as duty free per- sary for a good society so far as individual conduct mits to import vehicles- the most expensive ones is concerned. If a politician, either national or in- too. Some others crossed over to avoid being ternational, engages in practices and policies which prosecuted for violating the criminal law. What in individual conduct would be considered as most does this mean – the misuse of power for base mo- contemptible, he is commonly honored for his tives. “progressiveness and farsightedness, and for the The Government carries on flaunting relig- great service he is rendering to the citizens of his ion but actually violating all moral principles and country. He is elected again and again to public following only the Machiavellian ethics of politics office, even though the same practices by the op- which boil down to no ethics at all. Long before Ma- erator of a private grocery store or a farm would chiavelli there was Kautilya in India and Sun Tzu in lead to his being all but run out of town’. China. Machiavelli argued that it was better for a Now we find some Buddhist monks who Prince to be feared rather than loved. He also ar- have organized themselves into organizations re- gued that morality does not apply in politics. He sorting to hate speech directed at the Muslims and said prudent rulers should shed moral principles Christians. What they are campaigning for are po- adopting whatever means are necessary to pre- litical goals and have nothing to do with Buddhism serve his power. Critics have pointed out that Ma- as preached by the Buddha . But they spring from chiavelli defended the evil methods of tyrants. But hatred. Such hatred may lead to violence against some have said that he exposed the deceit or lies these minorities. Are these radicalized monks re- that rulers resort to hoodwink the people so that sorting to terror to frighten the minorities. Will they the people would learn to be on their guard against be frightened and give up their religious convic- tyranny. Would the people learn? Depends on the tions? What is their ultimate aim? Do they want to people. If the people themselves are dishonest liars prevent the practice of other religions in the coun- and deceivers they will see no difference. But what try? They don’t seem to believe in the ethics and about all the ‘bana’ preaching from morning to eve- values taught by the Buddha- certainly not by the ning exhorting people to follow the principles enun- Buddha who was born in India. We are told that the ciated by the Buddha? They don’t seem to amount Buddha was born in Sri Lanka. What do we make of to anything judging from the state of evil in our all this distortion of history? How can we account society. Now the monks themselves are setting a for the treasure hunting among Buddhist shrines by fine example in propagating hatred and violence. (Continue on page 21)

Human Rights Review : October - December 20 Institute of Human Rights CURRENT ISSUES 21

(Continue from page 20) welfare state owing to fiscal bankruptcy and unwill- Buddhists who display so much piety in the tem- ing to devolve power. Earlier we did not have the ples? Are the Sinhala Buddhists reneging on Bud- tyranny of the Roman Empire. Now we have it too. dhism? Are they becoming racists and hate mon- So there is the collapse of several state functions gers? Will their actions be accompanied by more including that of maintaining law and order. We and more violence? In Egypt we see today Muslims are heading for a failed state and these are mani- who love the democratic values opposing the Mus- festations of it. What it will mean is that a new lim Brotherhood. When good men are silent evil form of radical Buddhism will emerge similar to the men triumph. fundamentalism in the Muslim countries. Will the majority of Buddhists who do not The new Buddhist doctrine of hatred was associate themselves with these hate mongers authored by Anagarika Dharmapala and developed keep silent? That would be a tragedy for it would by Dr Nalin De Silva and Dr Gunadasa Amerasekera lead to disaster as we witness to day in the Muslim among several others. Now Buddhist monks are countries. Recent study on why nations fail by two expressing such hatred in action. After 1956 the American economists Glenn Hubbard and Tim Kane hatred was first directed against the Tamils but argue that countries decline when they fail to adapt now that India seems to be a defender of Tamil to changing economic forces. The decline of the rights they have turned to the old pet hatred- the Roman Empire is ascribed to the growth of a wel- Christians with Muslims added to the menu. fare state and centralized governance. We are suf- By R. M. B. Senanayake fering from the same evils, unable to carry on the Extracts from the article : Why and how our leaders failed us...

Chanakya's principles Such a disciplined ruler/king should:

Arthashastra deals in detail with the qualities and l Keep away from another's wife; disciplines required for a true king – a wise and l Not covet another's property; virtuous one. "In the happiness of his subjects lies l Practice ahimsa (non-violence towards all living the king's happiness, in their welfare, his welfare. things); He shall not consider as good only that which l Avoid day dreaming, capriciousness, falsehood pleases him, but treat as beneficial to him what- and extravagance; and ever pleases his subjects," Chanakya/Kautilya tells l Avoid association with harmful persons and in- us. dulging in (harmful) activities.(Source: Wikipedia) In accordance with Chanakya's writings, a true ruler/king ought to be one who has the following , it is the right of each and every citizen of this qualities and characteristics: country to demand a reasonable measure of moral, ethical and decent conduct from their leaders. The l Has self-control, having conquered the inimical people elect them, unlike in a monarchy or a dicta- temptations of the senses; torship and the people are said to be sovereign and l Cultivates the intellect by association with elders; all-powerful. But if they themselves choose to be l Keeps his eyes open through spies; complacent and mute about what they aspire, then l Is ever active in promoting the security and wel- they deserve the current rotten set of leaders. fare of the people; l Ensures the observance (by the people) of their The people have a right to expect that each and dharma by authority and example; every one of our leaders, political or otherwise, l Improves his own discipline by (continuing his) would conform to at least 50% of Chanakya's as- learning in all branches of knowledge and sertions. l Endears himself to his people by enriching them By Ring Side commentary and doing good to them. -Ceylon Today - 12/12/2013

Human Rights Review : October - December 21 Institute of Human Rights CURRENT ISSUES 22

Extracts from Sharmini Serasinghes article on vironment we live in today which is besieged by insecurities of various Sinhala-Buddhists Vs Buddhist Moderates forms. After the successful elimina- tion of LTTE terrorism, our warlords Sinhala-Buddhist Politics seem to find it necessary to create another Usually Sinhala-Buddhists practice their ‘monster’. ‘hypocrisy’ amongst themselves without causing This could be to keep the voter on edge too many problems for the rest of society. They and in constant fear and, therefore, to keep them denigrate those of other ethnic groups and religions reminded that only ‘they’ and ‘they’ alone have the behind their backs, but are sweet as honey to their ability to keep the country safe from the likes faces. This is only until a Sinhala-Buddhist political of Prabhakaran and other such ‘monsters’. This regime takes over and starts whipping up ethno- they believe is the surest way of keeping the Sin- religious emotions for their own political gain. It hala-Buddhist voter terrified and forever grateful to happened with the late S.W.R.D. Bandaranaike and the Warlords for keeping them safe. it is happening now! So today we find new concrete ‘Buddhist Today, in place of Anagarika Dharma- symbols’ sprouting like mushrooms throughout the pala and S.W.R.D. Bandaranaike we have Sinhala- country, especially in areas populated by the Buddhist Warlords to carry on the tradition! ‘other’ (Hindus, Christians and Muslims). This is the This malaise has now brimmed over to ex- Sinhala-Buddhist chauvinistic way of claiming supe- treme proportions. We now have Sinhala-Buddhist riority over the ‘other’. Not stopping there, they go saffron-robed thugs masquerading as Buddhist on to destroy places of religious worship of the monks denigrating the Buddha and his noble teach- ‘other’. ings in every possible way. Sinhala-Buddhist par- The Buddhist Moderate looks on in horror ents and teachers are encouraged to teach their and revulsion as these acts go totally against the young how to denigrate those of other religious Buddha’s teaching of sympathetic understanding faith from an early age. These saffron robed groups and respect for other religions! appear to be paramilitaries of the Sinhala-Buddhist So today while overtly paying lip-service chauvinistic State who use the sacred Saffron robe extolling the virtues of the Buddha, Dhamma, as a weapon over the ‘other’- those of other faiths. Sangha and religious harmony, the Sinhala- Strangely this phenomenon burst forth post Buddhist Warlords covertly give full reign to terror- 2009 and today Sinhala-Buddhists see ‘demons’ izing the ‘other’. everywhere threatening Buddhism in Sri Lanka! All this ugliness takes place in this so called This could be attributed to the political en- thrice-blessed Buddhist country Sri Lanka.

Excerpts from a speech made by M. A. Sumanthiran in Parliament During my short tenure in Why We Must Empower Moderate Voices politics, I have observed a glimmer of hope. That glimmer does Last week in Parliament I pleaded with my fellow not emanate from the sparkling new streetlamps, MPs to listen to the voices of moderation. I ap- the shiny new expressways, or the other glistening pealed to them to do their best to prevent extrem- things that are presented to us as evidence of pro- ist forces on either side from destroying our future. gress and development. Hope comes from the Now I appeal to the members of the public to do moderate and non-violent path that so many have the same. Do not for a moment underestimate the chosen to follow. There are still some who choose power that still resides in you, the reasonable- to endure immeasurable suffering and humiliation minded citizens of this country. Your leaders still without retaliating with violence or aggression. As fear the shame you might impose on them for ex- long as such individuals remain in Sri Lanka, there tremist views. is still hope. -Sunday Leader - 08/12/2013

Human Rights Review : October - December 22 Institute of Human Rights CURRENT ISSUES 23 Extracts from an statement by Asian Human Rights Commission on : Extrajudicial Killings - as an indicator of the collapse of the ethical & moral order

Killing of unacceptable persons has acquired some most expects the police and other law enforcement sort of legitimacy, due to the frequent resort to agencies to ensure security by resorting to extra such killings during the long period of insurgencies judicial killings. in during Sri Lanka’s recent history. It is quite well established public knowledge that such killings What this factual situation presents is a society that have been resorted to, as a ‘necessary strategy’ for has dissented to the lowest depths of lawlessness dealing with those who are branded as terrorists. and immorality. If murder of criminals is the only The official sanction for this policy was expressed resort, that law enforcement officers have at their by a former Deputy Defense Minister who pro- disposal, that itself is an open admission that even claimed in Parliament that “ “such things” cannot the most basic tenants of morality cannot any be done according to the law” longer be protected nor respected any longer within the Sri Lankan social milieu. All these factors have created a mindset which al- By www.srilankabrief.org

Extracts from Navi Pillay’s statement to mark Human Rights Day -10 Dec. 2013 Focus on ‘20 years - working for your rights’

The following is a statement issued by the too often lacking. UN High Commissioner for Human Rights, Navi Pil- Continued vigilance is needed to ensure lay, to mark Human Rights Day. that new technologies advance rather than destroy human rights. No matter the scale of these A 20-20 human Rights vision changes, existing international human rights law and international humanitarian law governing the Twenty years ago, a historic document was conduct of armed conflict remain applicable. adopted in Vienna. It crystallized the principle that State must ensure that they are applied. human rights are universal, and committed States At the international level, a huge amount of to the promotion and protection of all human rights work remains to be done to transform human for all people, regardless of their political economic rights from abstract promises to genuine improve- and cultural systems. ment in the daily lives of all people, especially Among many other significant and ground - those who are currently marginalized or excluded. braking achievements the Vienna Declaration led to The UN Human Rights Office will continue to work the creation of my office-the Office of the High with all our partners to try to prevent human rights Commissioner for Human rights. Since then, there breaches from occurring . We will continue to be have been many advances indeed more than peo- vocal about human rights violations. ple perhaps realise. We will continue to ask States to do their The fundamentals for protecting and pro- part - the biggest part by far - to ensure that the moting human rights are largely in place: These tragic mistakes of the past are not repeated and include a strong and growing body of international that the human rights of all are protected and pro- human rights law and standards, as well as institu- moted. tions to interpret the laws, monitor compliance and We can - and we must - do better. apply them to new and emerging human rights is- The vision and goals formulated 20 years sues. ago in Vienna are still valid. They are still worth The key now is to implement those laws fighting for now - over the next 20 years - and be- and standards to make enjoyment of human rights yond. a reality on the ground. The political will, and the -Ceylon Today-10/12/2013 human and financial resources, to achieve this are

Human Rights Review : October - December 23 Institute of Human Rights CURRENT ISSUES 24

A tribute poem for Nelson Mandela Norway with the grace and gratitude of the Solon in Ancient Roman Courts, and the confidence of Afri- His Day Is Done can chiefs from ancient royal stools. His day is done. No sun outlasts its sunset, but it will rise Is done. again and bring the dawn. The news came on the wings of a wind, Yes, Mandela’s day is done, yet we, his in- reluctant to carry its burden. heritors, will open the gates wider for reconcilia- Nelson Mandela’s day is done. tion, and we will respond generously to the cries of The news, expected and still unwelcome, Blacks and Whites, Asians, Hispanics, the poor who reached us in the United States, and suddenly our live piteously on the floor of our planet. world became somber. He has offered us understanding. Our skies were leadened. We will not withhold forgiveness even from His day is done. those who do not ask. We see you, south African people standing Nelson Mandela’s day is done, we confess it speechless at the slamming of that final door in tearful voices, yet we lift our own to say thank through which no traveler returns. you. Our spirits reach out to you Bantu, Zulu, Thank you our Gideon, thank you our Xhosa, Boer. David, our great courageous man. We think of you and your son of Africa, We will not forget you, we will not dishon- your father, your one more wonder of the world. our you, we will remember and be glad that you We send our souls to you as you reflect lived among us, that you taught us, and that you upon your David armed with a mere stone, facing loved us all. down the mighty Goliath. -Maya Angelou Your man of strength, Gideon, emerging triumphant. Although born into the brutal embrace of apartheid, scarred by the savage atmosphere of racism, unjustly imprisoned in the bloody maws of South African dungeons. Would the man survive? Could the man survive? His answer strengthened men and women around the world. In the Alamo, in San Antonio, Texas, on the Golden Gate Bridge in San Francisco, in Chicago’s Loop, in New Orleans Mardi Gras, in New York City’s Times Square, we watched as the hope of Africa sprang through the prison’s doors. His stupendous heart intact, his gargantuan will hale and hearty. He had not been crippled by brutes, nor was his passion for the rights of human beings di- minished by twenty seven years of imprisonment. Even here in America, we felt the cool re- freshing breeze of freedom. When Nelson Mandela took the seat of Presidency in his country, where formerly he was not even allowed to vote we were enlarged by tears of pride as we saw Nelson Mandela’s former prison guards invited, courteously , by him to watch form the front rows his inauguration. We saw him accept the world’s award in

Human Rights Review : October - December 24 Institute of Human Rights

25 REPORT FROM REHABILITATION UNIT Award for IHR

IHR received an award at the Susevabhimani Award Ceremony held by the Ministries of Health, Social Ser- vices, Child Development and women’s affairs at West- ern Province Fine Arts Centre on 22nd September 2013 by the Ministry of . This award was given for the work IHR has done for Methsevana De- tention Centre – Gangodawila, Nugegoda. For the past years IHR has been helping the centre by giving free legal aid & psychosocial support for the detainees, raising the standards of the centre by building water tanks, giving sanitary items, coconut oil machine to make coconut oil, sewing machine and giving vocational training in sewing, paper pulp craft, etc. Ms. Menaka – Manager Education / Grants & Ms. Unita – Coordinator were present at the award ceremony.

CHA Innovative Youth Forum

The Consortium of Humanitarian Agencies (CHA) is hosting a series of youth forums with an aim to promote volunteer- ism among the youth and develop their skills in being youth leaders. IHR is doing the coordinating and assisting for this youth forum. With the members of the youth forum we have named the forum as CHA Innovative Youth . As discussed with the members, the fo- rum started the first project as helping homes with Children's of special needs. For this we selected the Exceptional Children’s Educational Development Foundation at Narahenpita. Initial visit was done by Ms. Hashini (IHR) & Youth Forum member Ms. Reshika on 04th August. Home is registered under the ministry of Social Services. There are 38 children (Age 6 - 30 yrs), 02 teachers & 03 helpers. This foundation teaches dancing / arts. During the discussion we had with the teachers & the member of the children home they stated that they needed some items for the activities done for the children. With the help of the Fo- rum members we were able to get items : Pencils/ Sharpeners/ Colour pastels/ Drawing Books/ White Board/ Whiteboard marker pens & Eraser/ Glue bottles / Scissors / CD player. These items were handed over on the 22nd September.

Teachers & children of the children's home, donors with the items handed over & the CHA Youth Forum members

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26 REPORT FROM REHABILITATION UNIT

Workshop for parents and children ers from the Lotus Hills Special School did the evaluation of the children with their parents regard- Further to the discussion with the Children’s home ing their skills and what the children would like to members, Youth Forum organized a workshop. And do as a vocational training. Ms. Indu from the Ad- the aim of this workshop was to give some voca- vertising Company addressed the children and par- tional training and job opportunities for children. ents. She stated that she has a vocational training centre on advertising area and she will be able to Programme was held on the 03rd November. take some children from this foundation to give Hashini from IHR & Ms. Reshika / Mr. Shavindra – them a vocational training related to advertising. CHA Youth Forum members, 02 teachers from Lo- tus Hills Special school – Baddegama, Ms. Indu – Refreshments for the workshop were provided by Director of IDM advertising company – Kaduwela, IHR office staff. Teachers and the members of the Children’s Home, Children and their parents participated. Programme was introduced by Ms. Reshika. Teach-

Ms. Reshika addressing the children and Ms. Violet - Lotus Hils Special School Baddegama parents addressing the children and the parents

Ms. Indu – Director of IDM Advertising Children with the Youth Forum members Company addressing the parents and children

Human Rights Review : October - December 26 Institute of Human Rights

27 REPORT FROM REHABILITATION UNIT

Teachers are interviewing the children with their parents

REPORT FROM EDUCATION UNIT

Tamil Medium Courses in Human Rights

Tamil Medium Certificate and Diploma Course in Human Rights Commenced in Jaffna. Diploma Course started on 28th September at CHA Auditorium - Jaffna. 30 participants have enrolled for the programme. The Certificate Course is being sponsored by the Danish Refugee Council (DRC) and the course is conducted for the beneficiaries of the DRC. Course started on 23rd November and 41 participants were reg- istered for the Course. Course is held at Divisional Secretary auditorium of Thellipillai – Jaffna. Diploma in Human Rights is a 08 months Programme and the certificate course is a 03 months pro- gramme. Both programmes explore the concept of human rights, discusses the ‘rights’ dimension of global and local events and trends and build a community of individuals to participate in making a change.

Participants of the Diploma Course Mr. Hakeem is delivering his lecture in the Diploma

Participants of the Certificate Course

Human Rights Review : October - December 27 Institute of Human Rights STAFF INFORMATION 28

Chairman Jeevan Thiagarajah

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

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

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

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

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

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

Head Office

86, Rosmead Place , Colombo 07

Branch Office

Jaffna

Urelu East, Chunanagam

Human Rights Review : October - December 28 Institute of Human Rights