On the day I visited the camp, Education Minister Susil Premjayantha and Resettlement Minister Rishad Bathiuddeen were meeting with some NGOs [non-government organisations] in the camp. So we had to wait until they left. Police officers were controlling the people, wielding batons.
Speaking about the last days of the war, my relative told me: “The military fired more than a thousand shells an hour. The shells fell on people because there was a smaller chance of falling on the land--people were so crowded into a tiny area. About 1,400 people killed on the day when I was injured. I saw this in the hospital. I do not know how many died on the spot. I was admitted to Mullivaikkal hospital. After few days, they took me by ship to (eastern) Pulmoddai hospital. Again I was transferred to Polonnaruwa hospital. Later they brought me to Vavuniya and finally here. They photographed me each time when they transferred me.
“We are like prisoners here. Why don’t they allow us to go out? The toilets are overflowing. There is a lack of water to use toilets and for other needs. There are some tube wells for drinking water. For that we have to wait in a long queue. We have to bathe in a river running behind the camp. However if we bathe in that river continuously, some skin diseases will spread among us. A doctor visits the camp only once a week. Sometimes essential medicines are not available. We have to obtain a token two days in advance to consult the doctor for any severe illness.
“We are living with fear. We do not know what will happen at anytime. The foreign representatives who visit here do not know the real situation. We are not allowed to speak with them. When the UN secretary general [Ban Ki-moon] visited, the authorities took half the detainees out of Kadirgamar camp and cleaned it up. They showed him each family with a tent. They took him only to that camp.”
An elderly person who was leaving the camp with a relative who was released after nearly a month of requests, said: “I think we were the first people who crossed into the military-controlled area after the government announced that we could do so. But the treatment that the young and middle-aged people got and the words used against us made me think that I should have died starving rather than come here.
“Now of course they have put up tin sheets and thatched roofs. When we came here it was almost like a jungle. Numbers of families had to live in one hut. Because it is hot, people can sleep anywhere but the problems start if it begins to rain. If it rains, you can’t even walk because of the muddy land.
“Since we came here many of the parents with children have never slept at night for fear that their children would be taken away. There were numbers of such incidents. We had no lights, so nobody knew what was going on.”
A 60-year-old person who visited a camp to see his children said: “I went from one camp to another searching for the family of my daughter who was in Kilinochchi. Yesterday I went to a camp at Periyakattu in Vavuniya, which opened soon after the government announced its war victory. But visitors are not allowed there. The military considers those interns to be strong supporters or associates of the LTTE because they were there in the war zone until the last minute.”
Saturday, June 27, 2009
Friday, June 26, 2009
'MV Captain Ali' - Amid assurances, lack of movement at the ground level
After the positive statement by the External Affairs Minister Hon. Mr. S.M.Krishna on Wednesday evening (24 June 2009) regarding the Mercy Mission ship the MV Captain Ali, Mercy Mission personnel, supporters, volunteers and the Tamil Diaspora as a whole were relieved that there was movement on the part of the Government of Sri Lanka and that the desperately needed humanitarian relief aboard the ship would be delivered to the 300,000 Tamil civilians in the internment camps in Sri Lanka.
As of Friday evening (26 June 2009) Mercy Mission has yet to be formally notified of the 24 June decision and statement by the Indian and Sri Lankan governments. There has also not been any movement at the ground level and the MV Captain Ali remains anchored five (5) miles off the Port of Chennai, mercy mission said in a statement today.
The statement said that the situation on the ship is now critical. The crew and passengers have been onboard for 51 days without respite and in very harsh, stressful conditions. The passengers, Uthayanan Thavarajasingam and Kristjan Gudmundsson have formally requested that the authorities allow them to disembark and to take the next flight to London and Iceland.
The mercy mission officials request that the Government of India to allow the MV Captain Ali to enter Chennai Port and unload the humanitarian relief and keep that “in transit” and handed over to the Indian Red Cross for transportation to Sri Lanka and distribution in the internment camps.
It also request the government of India to allow the passengers to disembark and proceed to the nearest international airport where they will be able to fly to their home countries.
Indian External Affairs Minister Hon. Mr. S.M.Krishna requested the Sri Lankan delegation that met him on Wednesday, that as a humanitarian gesture to allow the ship
Captain Ali to off load the relief items on board meant for IDPs in Northern Sri Lanka. The Minister in his official statement said that "Sri Lankan delegation agreed to our suggestion and these would now be routed to Sri Lanka through the Indian Red Cross.”
swiss NGO welcomes the formation of Transnational Govt of Tamil Eelam
'ACOR SOS Racisme' Switzerland based NGO against Racism welcomes the formation of a Provisional Transnational Government of Tamil Eelam.
"Despite exile, repression, disappearances, ethnic cleansing or, more accurately, because of theses evils, the rights of the Tamil people have to be protected. The right of the Tamil people neither to be oppressed nor discriminated, their right for self determination, all their basic human rights and the humanitarian law have to be ensured them in Sri Lanka and abroad. For that reason 'Association COntre le Racisme (ACOR) SOS Racisme' welcomes the establishment of a working committee for the formation of a Provisional Transnational Government of Tamil Eelam," Mr. Karl Grünberg, the General Secretary of the NGO said.
The full text of the report released by Mr. Karl Grünberg, the General Secretary of the NGO, is as follows:
ACOR SOS Racisme welcomes the establishment of a Working committee for the formation of a Provisional Transnational Government of Tamil Eelam
After several weeks of slaughter, the Government and the Army of Sri Lanka crushed on May the 17th the last spot of resistance in the zone of Vanni. Alas, the international community supported that catastrophe or let it be done.
With Veluppillai Prapakaran and his last companions, women, children, elderly, sick or wounded persons – all civilians – lost their lives by thousands during that assault. The detention in concentration camps of the 300’000 civilians who lived in the LTTE controlled areas, the refusal of any legal recognition for the Tamil minority in Sri Lanka, shows that under the pretence of fighting terrorism the Government of Sri Lanka lead the war against the Tamil people of Sri Lanka.
The experience of the 61 years since independence reminds a painful reality. The fight for the rights of Tamil people took the form of an armed conflict because of the lasting racist discriminations having been imposed for years on the Tamil people and because of the frightful pogroms which took place in 1983.
In reaction to these violence hundred of thousands Tamil people sought asylum all over the world and built up Diaspora communities and supported LTTE which they saw as the legitimate representative of their aspirations.
After the military defeat of the LTTE, Tamil people of Sri Lanka and in the diaspora face a worsened situation. Rajapakse’s regime will not concede after its victory what he refused to a fighting movement.
His regime imprisoned in Colombo the 3 Tamil physicians who kept on making their duty among the civilians suffering the shelling of the Sri Lankan Army and witnessing its crimes.
Despite exile, repression, disappearances, ethnic cleansing or, more accurately, because of theses evils, the rights of the Tamil people have to be protected.
The right of the Tamil people neither to be oppressed nor discriminated, their right for self determination, all their basic human rights and the humanitarian law have to be ensured them in Sri Lanka and abroad.
For that reason ’“Association COntre le Racisme (ACOR) SOS Racisme” welcomes the establishment of a working committee for the formation of a Provisional Transnational Government of Tamil Eelam.
ACOR SOS Racisme is a Swiss NGO which has been created to fight for the elimination of all forms of racial discrimination. In the early eighties, fleeing the terror which spread up against their people in Sri Lanka, Tamil refugees sought asylum in Switzerland as they did in many countries. In European countries, and even in Switzerland although this country never was a colonial power, remains a racism which developed during colonial times. Therefore, after having escaped racism in their own country, Tamil people had to go on suffering racism.
ACOR SOS Racisme hopes that the international civil society will join its appeal to support the new page Tamil people are about to write.
Karl Grünberg
Secretary General
ACOR SOS Racisme
Lausanne, Geneva, 24.June 2009
Sri Lanka accuses IMF of playing politics
WASHINGTON, June 27, 2009 (AFP) - Sri Lanka on Friday accused the International Monetary Fund of politicizing financial aid following the fund's delay in considering a 1.9-billion-dollar bailout for the war-ravaged economy.
Never ever has the IMF taken political factors into account. Now, it seems for the first time they are doing that -- indirectly," Sri Lankan Trade Minister G.L. Peiris told AFP in Washington ahead of talks with fund officials.
Sri Lanka tapped the IMF for aid in March in a bid to stave off its first balance of payment deficit in four years after the island's foreign currency reserves fell to around six weeks' worth of imports.
The loan has been put off due to political pressure from the United States, Britain and other Western nations over Colombo's handling of the final stages of a battle against Tamil separatists and charges that thousands of civilians were killed.
The Tamil Tigers were defeated last month.
Peiris said the IMF and Sri Lankan authorities had completed what he called "tactical discussions" over the 1.9-billion-dollar standby facility as early as April but that the fund's board had still not met to consider the issue.
"So we think that it is wrong and, apart from the fact that it is unfair because Sri Lanka has to be helped in this situation, not obstructed, it is a very unsound and dangerous precedent for the future," he warned.
The IMF is now going to be embroiled in controversial political issues as part of the criteria governing their judgment in respect of particular transactions. That is very much our view."
The IMF declined to comment on Peiris's remarks.
The fund said on May 15 that it was at an "advanced stage" of discussions with Colombo on the bailout prospects and that it looked forward to having a program brought to the board for approval "in the coming weeks."
The United States, the main shareholder in the IMF and whose approval is key to the release of the money, has welcomed the end to the Sri Lankan fighting but urged Colombo to meet the needs of 300,000 war displaced people who remain in temporary government shelters.
Washington has also supported calls for a probe into alleged war crimes committed by Sri Lankan government troops.
"We continue to press the Sri Lankan government to grant humanitarian relief organizations full access to the internally displaced persons who are now residing in the camps and to engage in political reconciliation with Sri Lanka's Tamil minority," Assistant US Secretary of State Robert Blake said.
"Overall access has improved, but more progress is needed," he told a congressional hearing on Thursday.
Peiris said Colombo was not prepared to allow international non governmental groups into the camps, saying the authorities had not completed "screening" the occupants. Fifty-two NGOs are scrambling for access to the camps.
The United Nations has also been at odds with the Sri Lankan government over its treatment of the displaced persons. Colomba has arrested two United Nations employees, both ethnic Sri Lankan Tamils.
Human rights organizations claim Sri Lankan authorities have taken thousands of Tamils from the camps for the displaced.
Some rights campaigners compared the plight of the Tamils in the camps to that under Nazi Germany.
"This connotation of a Nazi concentration camp is a figment of their imagination. It is not true," Peiris said.
Never ever has the IMF taken political factors into account. Now, it seems for the first time they are doing that -- indirectly," Sri Lankan Trade Minister G.L. Peiris told AFP in Washington ahead of talks with fund officials.
Sri Lanka tapped the IMF for aid in March in a bid to stave off its first balance of payment deficit in four years after the island's foreign currency reserves fell to around six weeks' worth of imports.
The loan has been put off due to political pressure from the United States, Britain and other Western nations over Colombo's handling of the final stages of a battle against Tamil separatists and charges that thousands of civilians were killed.
The Tamil Tigers were defeated last month.
Peiris said the IMF and Sri Lankan authorities had completed what he called "tactical discussions" over the 1.9-billion-dollar standby facility as early as April but that the fund's board had still not met to consider the issue.
"So we think that it is wrong and, apart from the fact that it is unfair because Sri Lanka has to be helped in this situation, not obstructed, it is a very unsound and dangerous precedent for the future," he warned.
The IMF is now going to be embroiled in controversial political issues as part of the criteria governing their judgment in respect of particular transactions. That is very much our view."
The IMF declined to comment on Peiris's remarks.
The fund said on May 15 that it was at an "advanced stage" of discussions with Colombo on the bailout prospects and that it looked forward to having a program brought to the board for approval "in the coming weeks."
The United States, the main shareholder in the IMF and whose approval is key to the release of the money, has welcomed the end to the Sri Lankan fighting but urged Colombo to meet the needs of 300,000 war displaced people who remain in temporary government shelters.
Washington has also supported calls for a probe into alleged war crimes committed by Sri Lankan government troops.
"We continue to press the Sri Lankan government to grant humanitarian relief organizations full access to the internally displaced persons who are now residing in the camps and to engage in political reconciliation with Sri Lanka's Tamil minority," Assistant US Secretary of State Robert Blake said.
"Overall access has improved, but more progress is needed," he told a congressional hearing on Thursday.
Peiris said Colombo was not prepared to allow international non governmental groups into the camps, saying the authorities had not completed "screening" the occupants. Fifty-two NGOs are scrambling for access to the camps.
The United Nations has also been at odds with the Sri Lankan government over its treatment of the displaced persons. Colomba has arrested two United Nations employees, both ethnic Sri Lankan Tamils.
Human rights organizations claim Sri Lankan authorities have taken thousands of Tamils from the camps for the displaced.
Some rights campaigners compared the plight of the Tamils in the camps to that under Nazi Germany.
"This connotation of a Nazi concentration camp is a figment of their imagination. It is not true," Peiris said.
UN Runs Scared of Sri Lanka, Says National Staff Not Immune -- But Genocide Suspects Are
Byline: Matthew Russell Lee of Inner City Press at the UN: News Analysis
UNITED NATIONS, June 26 -- As the Sri Lankan government locked up an astrologer who dared make predictions that President Rahinda Rajapaksa didn't like, the UN in New York stayed silent. Inner City Press asked, for the third time, what is being done about the two UN staff members who were grabbed up by the government using unmarked vehicles.
Associate Spokesperson Farhan Haq said he was aware of the question, but that they still have no answer. Inner City Press asked, isn't it the UN's position that its staff members have immunity? Haq acknowledged that it normally the position. But why not in Sri Lanka?
In fact, the UN Mission in Kosovo actively invoked immunity on June 26 in favor of a person changed with genocide. When Agim Ceku was arrested in Bulgaria, based on an Interpol warrant, it is reported that a UN documentary showing was made in order to get Ceku released. Inner City Press asked Haq about this as well on Friday. Haq said to ask the UNMIK mission.
Inner City Press immediately put questions to them, but has received no answer. Immunity for those charged with war crimes and genocide, but no defense of immunity for UN staff in Sri Lanka. Why not?
UNITED NATIONS, June 26 -- As the Sri Lankan government locked up an astrologer who dared make predictions that President Rahinda Rajapaksa didn't like, the UN in New York stayed silent. Inner City Press asked, for the third time, what is being done about the two UN staff members who were grabbed up by the government using unmarked vehicles.
Associate Spokesperson Farhan Haq said he was aware of the question, but that they still have no answer. Inner City Press asked, isn't it the UN's position that its staff members have immunity? Haq acknowledged that it normally the position. But why not in Sri Lanka?
In fact, the UN Mission in Kosovo actively invoked immunity on June 26 in favor of a person changed with genocide. When Agim Ceku was arrested in Bulgaria, based on an Interpol warrant, it is reported that a UN documentary showing was made in order to get Ceku released. Inner City Press asked Haq about this as well on Friday. Haq said to ask the UNMIK mission.
Inner City Press immediately put questions to them, but has received no answer. Immunity for those charged with war crimes and genocide, but no defense of immunity for UN staff in Sri Lanka. Why not?
Kosovo's Ceku and UN flag, get out of jail free card not shown in Sri Lanka
At the Security Council on June 26, speeches went on all day about the protection of civilians. While the UN's top humanitarian John Holmes appeared to downplay Sri Lanka in his initial testimony, other than saying that "the weapons have finally -- and thankfully -- fallen silent in Sri Lanka," the underlying report notes its in 30th paragraph the
"repeated use of heavy weapons by Sri Lankan armed forces in attacks on area containing large numbers of civilians, including the so-called 'no-fire zones,' with reports of multiple strikes on medical facilities."
Even though the report went on about LTTE refusal to let civilians go, Sri Lanka in the Security Council debate criticized the report. Holmes in his rebuttal was conciliatory, but said that the definition of armed conflict comes from international jurisprudence and applies to Sri Lanka.
When Holmes emerged from the Security Council at 6:30 p.m., Inner City Press waited to ask him a few questions. "You've got to be kidding," he began, before to his credit answering four questions.
Did he or the UN do anything about the MV Ali ship of humanitarian aid that was blocked by Sri Lanka? No, Holmes said. But he's heard that it may be unloaded in India and thence to Sri Lanka. This has yet to happened.
Any update on the detained doctors? No, Holmes said.
What about the disbanding of the inquiry into the killing of, among others, the 17 Action Contre La Faim aid workers? Holmes said the UN had yet to receive formal notification of the disbanding, and might comment if and when notification is provided.
What about the detained staff? Holmes said the UN is asking. Aren't they immune? Only international staff are, Holmes said. We will have more on this.
S Lanka camp young 'malnourished'
The high rate of malnutrition reported among children in camps for displaced people in Sri Lanka is a cause for concern, a senior UN official says.
The UN's representative on children and armed conflict told the BBC's Sinhala service that the government should set up special feeding programmes.
Her comments come after a Sri Lankan charity said 5,000 children in the camps are malnourished.
Almost 300,000 people are being held in camps after they fled the civil war.
It was in the final weeks of the war that hundreds of thousands of civilians streamed out of territory held by the rebel Tamil Tigers.
The sooner they can get back to normalcy, to education, to schools, it is the best thing
Radhika Coomaraswamy
UN special representative
Since then they have been kept in government-run camps in the northern district of Vavuniya.
Radhika Coomaraswamy, the UN's special representative on children and armed conflict, told the BBC Sinhala Service's Saroj Pathirana that the UN hopes to send a delegation to advise the government on a range of issues relating to child welfare.
"The malnutrition rates are very high, especially among young children, and [there is a] need for special feeding programmes and all those kind of things in the camps for the children.
"So, our sense is that the sooner they can get back to normalcy, to education, to schools, it is the best thing," she said.
Her comments follow concern expressed by Sri Lankan charity Sarvodaya about rates of chronic malnutrition in the camps.
Dr Vinya Ariyaratne, chief executive of Sarvodaya, told the BBC Sinhala service on Tuesday that the malnutrition was a result of fleeing from place to place in the final stages of war, without having a proper meal.
He added that the Sri Lankan health ministry was working with the charity and other aid agencies to tackle the problem.
Ms Coomaraswamy said that a UN delegation would also hope to provide advice on how to treat former child soldiers.
"The issue for us are child soldiers. Are they being separated from the adults and given the special treatment and rehabilitation they deserve, she said.
She added that the UN is also concerned about the plight of children separated from their families.
"The delegation is to look into whether there is enough effort being taken to reunite them with parents," she said.
The UN's representative on children and armed conflict told the BBC's Sinhala service that the government should set up special feeding programmes.
Her comments come after a Sri Lankan charity said 5,000 children in the camps are malnourished.
Almost 300,000 people are being held in camps after they fled the civil war.
It was in the final weeks of the war that hundreds of thousands of civilians streamed out of territory held by the rebel Tamil Tigers.
The sooner they can get back to normalcy, to education, to schools, it is the best thing
Radhika Coomaraswamy
UN special representative
Since then they have been kept in government-run camps in the northern district of Vavuniya.
Radhika Coomaraswamy, the UN's special representative on children and armed conflict, told the BBC Sinhala Service's Saroj Pathirana that the UN hopes to send a delegation to advise the government on a range of issues relating to child welfare.
"The malnutrition rates are very high, especially among young children, and [there is a] need for special feeding programmes and all those kind of things in the camps for the children.
"So, our sense is that the sooner they can get back to normalcy, to education, to schools, it is the best thing," she said.
Her comments follow concern expressed by Sri Lankan charity Sarvodaya about rates of chronic malnutrition in the camps.
Dr Vinya Ariyaratne, chief executive of Sarvodaya, told the BBC Sinhala service on Tuesday that the malnutrition was a result of fleeing from place to place in the final stages of war, without having a proper meal.
He added that the Sri Lankan health ministry was working with the charity and other aid agencies to tackle the problem.
Ms Coomaraswamy said that a UN delegation would also hope to provide advice on how to treat former child soldiers.
"The issue for us are child soldiers. Are they being separated from the adults and given the special treatment and rehabilitation they deserve, she said.
She added that the UN is also concerned about the plight of children separated from their families.
"The delegation is to look into whether there is enough effort being taken to reunite them with parents," she said.
UN Jaffna officials accused of misreporting in favour of GOSL, SLA
[TamilNet, Friday, 26 June 2009, 17:23 GMT]
Civil society sources in Jaffna raised accusations against United Nation (UN) Jaffna officials for releasing facts and statistics, related to the detainees held in the Sri Lanka Army (SLA) internment camps, provided by Government of Sri Lanka (GOSL) and SLA, instead of the true situation prevailing in the camps, to the outer world. For instance, the UN officials in their June 15 report said that only four detainees had died in the past six months in Jaffna camps where as many have died including a woman due to septicemia, in a meeting held in Jaffna town Thursday, participants in the meeting said. The meeting was attended by UN Jaffna officials and organizations working with the UN in Jaffna.The UN report created a furor among the representatives of civil organizations attending the meeting who said that the UN officials in Jaffna are helping the government and the SLA to hide the true situation in the camps from the world.Another glaring misrepresentation in the UN report was the number of Vanni civilians held in Thellippazhai SLA Special Rehabilitation Camp (SRC).The report says that only a hundred detainees from Jaffna camps, where there are around 11,223 detainees, have been taken to Thellippazhai SRC while the number of young men and women detainees held there is around 800 hundred, civil society representatives said.Apart from this, Education Officials who had visited Thellippazhai SRC say that more than a hundred children between the ages of 14 to 18 are detained there.Particularly, June 15 June report does not mention these children and pregnant women held in Thellippazhai SRC.The UN officials in Jaffna have betrayed the Tamils by having failed to collect the true facts and figures related to the condition of the detainees in the camps and to have helped the government and the SLA to release reports based on false statistics fed by both, civil society representatives raised accusations.Meanwhile, 35 types of infectious diseases have been observed in the camps and among these typhoid fever and jaundice are found to be spreading fast, health officials said.Cases of tuberculosis too exist in the camps but no action has been taken to isolate these from others let alone providing the needed medical treatment or preventive measures, they said.Malnutrition, particularly among the children and elderly in all the camps in Jaffna is conspicuous and the condition of the victims may prove critical in the coming days, they added.
Civil society sources in Jaffna raised accusations against United Nation (UN) Jaffna officials for releasing facts and statistics, related to the detainees held in the Sri Lanka Army (SLA) internment camps, provided by Government of Sri Lanka (GOSL) and SLA, instead of the true situation prevailing in the camps, to the outer world. For instance, the UN officials in their June 15 report said that only four detainees had died in the past six months in Jaffna camps where as many have died including a woman due to septicemia, in a meeting held in Jaffna town Thursday, participants in the meeting said. The meeting was attended by UN Jaffna officials and organizations working with the UN in Jaffna.The UN report created a furor among the representatives of civil organizations attending the meeting who said that the UN officials in Jaffna are helping the government and the SLA to hide the true situation in the camps from the world.Another glaring misrepresentation in the UN report was the number of Vanni civilians held in Thellippazhai SLA Special Rehabilitation Camp (SRC).The report says that only a hundred detainees from Jaffna camps, where there are around 11,223 detainees, have been taken to Thellippazhai SRC while the number of young men and women detainees held there is around 800 hundred, civil society representatives said.Apart from this, Education Officials who had visited Thellippazhai SRC say that more than a hundred children between the ages of 14 to 18 are detained there.Particularly, June 15 June report does not mention these children and pregnant women held in Thellippazhai SRC.The UN officials in Jaffna have betrayed the Tamils by having failed to collect the true facts and figures related to the condition of the detainees in the camps and to have helped the government and the SLA to release reports based on false statistics fed by both, civil society representatives raised accusations.Meanwhile, 35 types of infectious diseases have been observed in the camps and among these typhoid fever and jaundice are found to be spreading fast, health officials said.Cases of tuberculosis too exist in the camps but no action has been taken to isolate these from others let alone providing the needed medical treatment or preventive measures, they said.Malnutrition, particularly among the children and elderly in all the camps in Jaffna is conspicuous and the condition of the victims may prove critical in the coming days, they added.
CANADA: Archbishop urges government action on Sri Lanka
Ecumenical News International, Toronto]
The head of the Anglican Church of Canada has urged the Canadian prime minister to lead international efforts to protect the civil liberties of Sri Lankans following a government victory over the rebel Tamil Tigers.In a letter to Prime Minister Stephen Harper dated June 23, Archbishop Fred Hiltz called on the Canadian government to respond generously to the humanitarian needs of Tamils in the island nation's Vanni district.Hiltz described the Vanni Tamils as "long deprived of basic commodities and securities, and more recently, exposed daily to the dangerous crossfire of (Sri Lankan) government and rebel forces."With as many as 200,000 Tamils living in Canada's largest city, Toronto is said to be home to the largest expatriate Tamil community outside Sri Lanka.In recent months, the city saw sometimes daily mass protests by Tamils, who appealed to the Canadian government to exert pressure on the Sri Lankan government to end its 25-year-long civil war with the separatist Liberation Tigers of Tamil Eelam. Quoting observations from church partners in Sri Lanka, Hiltz also urged the Canadian government to seek assurance from Sri Lanka that it will protect the civil rights, safety and wellbeing of minority Tamils throughout the country."An impartial political culture will restore civilian administration, rule of law, and trust," says the letter.Hiltz also urged the Canadian government to take a leadership role in the reconciliation process, "aimed at addressing and dismantling the root causes of historic tensions between Sri Lanka's Sinhala and Tamil peoples."The BBC reported on June 25 that Indian authorities said Sri Lanka had agreed to accept a shipment of aid from Europe for Tamil civilians displaced in the final months of the civil war.The full text of Hiltz's letter is available here.
MAJ. GEN. DIAS GETS DIPLOMATIC APPOINTMENT
"Destroy them!! kill, kill, kill, kill them all!!!"
The 57-division’s Commanding officer Jagath Dias has been appointed as Sri Lanka’s Deputy Ambassador to Germany, informed sources said yesterday.
A government official told the Daily Mirror that Major General Dias would leave the country to take over his duties soon.
Major General Dias led his Division from the beginning of the Wanni operation three years ago and directed the capture of vital LTTE held areas such as Madhu Church, Kokavil town, Thunukkai and Mallavi and the strategically important LTTE capital Kilinochchi.
The 57-division led by him was the main strike force of the army in its operations against the Tiger cadres.
Some weeks ago, Major General Udaya Perera, who was the Director Operations of the Army was appointed Deputy Sri Lankan High Commissioner to Malaysia.
The 57-division’s Commanding officer Jagath Dias has been appointed as Sri Lanka’s Deputy Ambassador to Germany, informed sources said yesterday.
A government official told the Daily Mirror that Major General Dias would leave the country to take over his duties soon.
Major General Dias led his Division from the beginning of the Wanni operation three years ago and directed the capture of vital LTTE held areas such as Madhu Church, Kokavil town, Thunukkai and Mallavi and the strategically important LTTE capital Kilinochchi.
The 57-division led by him was the main strike force of the army in its operations against the Tiger cadres.
Some weeks ago, Major General Udaya Perera, who was the Director Operations of the Army was appointed Deputy Sri Lankan High Commissioner to Malaysia.
Six priests held prisoner and in solitary confinement in refugee camps
Six Catholic priests are kept in isolation in the camps of Sri Lanka. The bishop of Jaffna has requested their release, but has not yet received any response from the Ministry of Defense. A humanitarian worker working in the fields in which 300 thousand displaced persons live tells their story and denounces the disappearance of three government doctors who had circulated the figures of the dead during the last days of war between the army and Tamil Tigers. There is no news of their fate. Ranil Kumaratunga is a name we use to maintain the anonymity of the source of AsiaNews.
The Government of Sri Lanka should immediately release the six Catholic priests who were imprisoned and kept in secret solitary confinement in centres for Internally displaced persons (IDPs). Four are from the diocese of Jaffna, and two belong to Oblate Missionaries of Mary Immaculate (OMI). These priests unselfishly helped Tamil people during the war, until the last hours of the military campaign. These priests have only helped people. The Government of Sri Lanka has put them in isolation in the IDP camps where no-one is allowed contact with them. There are fears for their safety, their emotional and psychological conditions, and also for their physical health. The bishop of Jaffna has asked the Secretary of Defense for the release of the six priests, but so far there has been no response.
After that the army has carried out the operation to remove the leaders of the Liberation Tigers of Tamil Eelam (LTTE), in the war zone had been a few people. The military have taken and taken to isolated places because they were the only eyewitnesses of brutality carried out in the safety zone. Among these people there were six priests.
During the final phase the war, 25 thousand Tamils were killed. The authorities in Colombo must release the three government doctors who published the statistics of the number of victims – data the authorities reject. The three doctors, after being accused of complicity with the LTTE, have disappeared.
The IDP camps are scattered between Mannar and Vavuniya. Approximately 500 hectares of land occupied by forests [equal to 5 sq km, ed] were evacuated and now the inhabitants of the districts of Kilinochchi and Mullaitivu and people living in certain areas of Jaffna, Mannar and Vavuniya are held in refugee camps.
Around 300 thousand people live in camps, in tents and temporary accommodation. The tents are five for five people, but house between 15 and 16 people. There is a chronic shortage of water and lack of health services for everyone: for about 1500 people there are only two bathrooms. The request of humanitarian agencies to build at least 2500 toilets is of absolute urgency. All refugees are living in detention and internment centres which lack adequate food supplies, medicine and shelter, with no access to information or possibilities of outside communication.
Because of the painful situation in the camps a large number of elderly people die of infections like diarrhoea and chickenpox which spread quickly. There is an urgent need to organize relief services and humanitarian organizations must be allowed to work in the camps.
There is a fundamental need for treatment and psychological support to help people who have been traumatized by war. NGO’s are not allowed to work among the people: they can visit the camps, bringing aid but they must hand it over to the military who are the only ones allowed to distribute it. They control the camps and take keep everyone under constant surveillance. The priests who are allowed to celebrate mass are always accompanied by the army.
The world is silent before this tragedy. No journalist, no agency, no human rights activist, and even relatives of the IDPs are allowed visit the camps. People who live there are deprived of their freedom and want to know when the government will allow them to return home. The authorities say that the areas from which the refugees come are dotted with mines and it takes time to render them safe, so they must remain in IDP camps.
The government keeps the refugees segregated for fear of LTTE militants infiltrating the camps. Plainclothes agents of the intelligence services roam the camp, checking on every possible sign that may reveal the presence of cells or supporters of the Tamil Tigers; some people have disappeared. (Asianews
The Government of Sri Lanka should immediately release the six Catholic priests who were imprisoned and kept in secret solitary confinement in centres for Internally displaced persons (IDPs). Four are from the diocese of Jaffna, and two belong to Oblate Missionaries of Mary Immaculate (OMI). These priests unselfishly helped Tamil people during the war, until the last hours of the military campaign. These priests have only helped people. The Government of Sri Lanka has put them in isolation in the IDP camps where no-one is allowed contact with them. There are fears for their safety, their emotional and psychological conditions, and also for their physical health. The bishop of Jaffna has asked the Secretary of Defense for the release of the six priests, but so far there has been no response.
After that the army has carried out the operation to remove the leaders of the Liberation Tigers of Tamil Eelam (LTTE), in the war zone had been a few people. The military have taken and taken to isolated places because they were the only eyewitnesses of brutality carried out in the safety zone. Among these people there were six priests.
During the final phase the war, 25 thousand Tamils were killed. The authorities in Colombo must release the three government doctors who published the statistics of the number of victims – data the authorities reject. The three doctors, after being accused of complicity with the LTTE, have disappeared.
The IDP camps are scattered between Mannar and Vavuniya. Approximately 500 hectares of land occupied by forests [equal to 5 sq km, ed] were evacuated and now the inhabitants of the districts of Kilinochchi and Mullaitivu and people living in certain areas of Jaffna, Mannar and Vavuniya are held in refugee camps.
Around 300 thousand people live in camps, in tents and temporary accommodation. The tents are five for five people, but house between 15 and 16 people. There is a chronic shortage of water and lack of health services for everyone: for about 1500 people there are only two bathrooms. The request of humanitarian agencies to build at least 2500 toilets is of absolute urgency. All refugees are living in detention and internment centres which lack adequate food supplies, medicine and shelter, with no access to information or possibilities of outside communication.
Because of the painful situation in the camps a large number of elderly people die of infections like diarrhoea and chickenpox which spread quickly. There is an urgent need to organize relief services and humanitarian organizations must be allowed to work in the camps.
There is a fundamental need for treatment and psychological support to help people who have been traumatized by war. NGO’s are not allowed to work among the people: they can visit the camps, bringing aid but they must hand it over to the military who are the only ones allowed to distribute it. They control the camps and take keep everyone under constant surveillance. The priests who are allowed to celebrate mass are always accompanied by the army.
The world is silent before this tragedy. No journalist, no agency, no human rights activist, and even relatives of the IDPs are allowed visit the camps. People who live there are deprived of their freedom and want to know when the government will allow them to return home. The authorities say that the areas from which the refugees come are dotted with mines and it takes time to render them safe, so they must remain in IDP camps.
The government keeps the refugees segregated for fear of LTTE militants infiltrating the camps. Plainclothes agents of the intelligence services roam the camp, checking on every possible sign that may reveal the presence of cells or supporters of the Tamil Tigers; some people have disappeared. (Asianews
Sri Lankan reporter 'kidnapped'
By Charles Haviland
BBC News, Colombo
A Sri Lankan journalist says she was kidnapped from outside her home in the capital Colombo and held for a day by people claiming to be the police.
Krishni Ifam, a Tamil reporter who works for media development NGO Internews, said the men had warned her to give up journalism altogether.
She said she was then released in the central city of Kandy late on Wednesday with a tiny amount of cash.
Police in Sri Lanka could not be reached for comment.
Unmarked vans
Ms Ifam has been speaking about her ordeal on a private television station and, separately, to the BBC.
She said men who said they were policemen forced her to get into their vehicle outside her Colombo home early on Wednesday and drove for several hours while keeping her blindfolded.
She said they had taken her belongings, asked if she was writing articles for foreign media outlets and warned her to give up journalism altogether before releasing her.
Ms Ifam used to write for a prominent Tamil-language newspaper.
Separately, a columnist who usually covers astrology was picked up late on Wednesday by men with identity cards from the Criminal Investigation Department. His wife said he was still being held 24 hours later.
In both these cases the vehicles used were said to be unmarked white vans, which have become notorious in Sri Lanka as a means of abduction and sometimes disappearance.
The Sri Lankan government insists that the media here are free.
But many journalists say they do not feel free to write or broadcast what they want - many have been physically attacked and others have fled into exile.
BBC News, Colombo
A Sri Lankan journalist says she was kidnapped from outside her home in the capital Colombo and held for a day by people claiming to be the police.
Krishni Ifam, a Tamil reporter who works for media development NGO Internews, said the men had warned her to give up journalism altogether.
She said she was then released in the central city of Kandy late on Wednesday with a tiny amount of cash.
Police in Sri Lanka could not be reached for comment.
Unmarked vans
Ms Ifam has been speaking about her ordeal on a private television station and, separately, to the BBC.
She said men who said they were policemen forced her to get into their vehicle outside her Colombo home early on Wednesday and drove for several hours while keeping her blindfolded.
She said they had taken her belongings, asked if she was writing articles for foreign media outlets and warned her to give up journalism altogether before releasing her.
Ms Ifam used to write for a prominent Tamil-language newspaper.
Separately, a columnist who usually covers astrology was picked up late on Wednesday by men with identity cards from the Criminal Investigation Department. His wife said he was still being held 24 hours later.
In both these cases the vehicles used were said to be unmarked white vans, which have become notorious in Sri Lanka as a means of abduction and sometimes disappearance.
The Sri Lankan government insists that the media here are free.
But many journalists say they do not feel free to write or broadcast what they want - many have been physically attacked and others have fled into exile.
On Sri Lanka, UK Says IMF Loan's Not Moving, UN Silent on Abducted Staff and Doctors Amid Its Claims of Myanmar
Byline: Matthew Russell Lee of Inner City Press at the UN: News Analysis
UNITED NATIONS, June 25, diplomatized -- Two weeks after the Sri Lankan government grabbed up two UN staffers, using unmarked vehicles, the UN in New York still had nothing to say. Inner City Press asked on June 25, and Secretary General Ban Ki-moon's spokesperson said, "I still don't have anything." Video here, from Minute 15:18.
Later on June 25, Inner City Press ran after UK minister Lord Mark Malloch Brown to ask if he was the one working on Sri Lanka for his government. "I have," he said. Inner City Press asked, what about Sri Lanka's application for a $1.9 billion loan from the International Monetary Fund, on which Malloch Brown's boss David Miliband had spoken -- had the thinking changed?
"Thinking for what?" Malloch Brown asked."The IMF loan has not gone through." Inner City Press mentioned that the U.S. has appeared to changed its tune.
"As far as I'm concerned, it's not moving," Malloch Brown said. Inner City Press asked about the two grabbed up UN staff, and that other countries had spoken about it. No one takes a harder line than us, Malloch Brown said.
UNITED NATIONS, June 25, diplomatized -- Two weeks after the Sri Lankan government grabbed up two UN staffers, using unmarked vehicles, the UN in New York still had nothing to say. Inner City Press asked on June 25, and Secretary General Ban Ki-moon's spokesperson said, "I still don't have anything." Video here, from Minute 15:18.
Later on June 25, Inner City Press ran after UK minister Lord Mark Malloch Brown to ask if he was the one working on Sri Lanka for his government. "I have," he said. Inner City Press asked, what about Sri Lanka's application for a $1.9 billion loan from the International Monetary Fund, on which Malloch Brown's boss David Miliband had spoken -- had the thinking changed?
"Thinking for what?" Malloch Brown asked."The IMF loan has not gone through." Inner City Press mentioned that the U.S. has appeared to changed its tune.
"As far as I'm concerned, it's not moving," Malloch Brown said. Inner City Press asked about the two grabbed up UN staff, and that other countries had spoken about it. No one takes a harder line than us, Malloch Brown said.
UN's Ban and UK's Malloch Brown, claims not shown
[Elsewhere at the UN on June 25, Belize's prime minister mocked Malloch Brown as "the noble Lord," saying to take what he said with a "large grain of salt." Video here, from Minute 40:06.]
Footnote: Ban Ki-moon himself appeared on the US television show Charlie Rose on June 24. The host asked about the Economist's critique of Ban's tenure, but cut Sri Lanka out of the quote.
Ban responded by saying that he had saved 500,000 people in Myanmar. Inner City Press was nearly immediately told by a range of viewers that this was an outrageous claim, akin to Al Gore's claim to have invented the Internet and yet somehow worse. One Tamil who contacted the Press asked, if Ban claims to have saved 500,000 Burmese, what must be be said to have done to 20,000 Tamils? While brutal, there is a logic. We may have more on this.
At the June 25 noon briefing, Inner City Press asked Ban's spokesperson Michele Montas on what the 500,000 figure was based. "On the number of people in need when he obtained access for humanitarian workers into Sri Lanka," Ms. Montas said. She then corrected herself: "Myanmar, I mean." Video here, from Minute 15:18. It's true -- Ban Ki-moon has yet to get full humanitarian access to the interned people in Sri Lanka. Watch this site.
Thursday, June 25, 2009
Sri Lanka - The World Has Moved On
by Bruce Clark
As with other dramatic and often bloody developments that capture the world’s major media players, (and thereby our own attention), from time to time, the short-lived but intense focus on events in the tiny island state of Sri Lanka has subsided. We should not expect the media to continue to supply us with further developments ,following the violent end to a bloody civil war which has racked the country since the anti-Tamil riots of 1983 and led to many thousands of deaths.
Unfortunately, it is the way of the world ; an event, be it natural disaster, or escalating armed conflict, captures our attention for a few brief days and then, the worlds attention hurries on to the next big thing. The suffering in Dafur or the tensions in Fiji will not have ended, but there is a law of diminishing returns for the media, and new sensational developments are rarely far away. We are ,therefore, conditioned not to take a deep or sustained interest in the problems of the world, it seems.
Although the war, for now at least has been won by the Sri Lankan government’s forces, the nature of the peace to follow is by no means certain. The underlying problems that led to conflict remain and whether an accommodation between the two ethnic groups can be reached is problematic, to say the least.
The issue of possible war crimes has not been addressed. Although Sri Lanka avoided censure by the Human Rights Council , this does not put to rest legitimate concerns about persistent claims of indiscriminate shelling by the Sri lankan army, leading to the deaths of thousands of innocent civilians in the final period of the conflict. Concerns expressed by the British and French foreign Ministers, who travelled to Sri Lanka, were dismissed by the Sri Lankan government, as were those of other governments and the fact that the media was prohibited from witnessing the fighting does nothing to dispel doubts about the government’s actions.
The UN puts deaths at about 8,000 in the final phase of fighting, during which time there were repeated calls for government forces to do more to avoid civilian death. An investigation by the Times puts deaths at about 20,000 with evidence that safe zones designated for non-combatants were also bombed. The Sri Lankan government naturally denies this, but there is surely a prima facie case that the Sri Lankan government did not live up to its commitment under international law to take all reasonable steps to avoid civilian casualties. There have been calls by the UN and human rights groups for an independent investigation into possible war crimes by both sides, but the Sri Lankan government is dismissive of these.
There is no doubt that both sides in the conflict have committed serious abuses of human rights and humanitarian law right up until the end of the conflict - the LTTE is accused, for instance, of using civilians as shields and shooting at their own people as they attempted to escape the battle zone - but all the cards are with the government now and Tamil communities around the world are rightly worried about the fate of the approximately 280,000 Tamils now in internment camps. They must indeed be termed internment camps, as they are fenced with barbed wire and the refugees of war are not free to leave, even the very young and the very old.
The government argues that these measures are necessary for the welfare of the refugees and to screen them for fighters from the LTTE, but Amnesty International has reported persistent and credible reports of illegal abductions from the camps by the military and para-military forces aligned with the government. Indeed claims by a Sri Lankan human rights group, INFORM that 20 to 30 young persons were daily being taken from the camps have been reported in the Colombo Times (June 16) and, although the UN and other humanitarian organizations are operating in the camps with the cooperation of the government, UN supervision of the screening process for LTTE fighters has been rejected and journalists are once again restricted from reporting.
The determination of the Sri Lankan government to restrict the access of independent observers and journalists to the camps, as was the policy during the final phase of the war, is of real concern. Unfortunately, its record on human rights is far from reassuring. As Sam Zarifi, Amnesty International’s Asia-Pacific director states, “ …the reality is that they have been haunted by injustice and impunity for years.” A recent report by Amnesty International entitled “Twenty Years of Make Believe” claims that Commissions of Inquiry set up from time to time have been largely ineffective in dealing with human rights abuses, including abductions, disappearances, extra-judicial killings and wide-spread torture by the police and armed forces. It accuses successive governments of failing to show any real commitment to curbing such practices and talks of the impunity of those who commit these abuses.
These conclusions are echoed by Human Rights Watch in its “Recurring Nightmares” report, in which it highlights the military’s reliance “on extrajudicial means, such as “disappearances” and summary executions in its operations”. The reported numbers of these enforced disappearances and unlawful killings, distressingly, run into the tens of thousands.
It must be said that the LTTE is also condemned for its practices - including abductions , massacres, assassination, the use of child soldiers and ruthless repression of dissenting voices in their own LTTE-controlled areas –but for the moment at least, they are a spent force, and the overriding concern should now be for those victims who have already suffered the ravages of war and are now interned in camps , uncertain as to their fate.
Unfortunately there are calls for the armed struggle to be renewed and those among the Tamil diaspora who finance such efforts from their own safety will have to take some responsibility for the suffering of those left behind which will inevitably follow. On the other hand, the BBC reported only on the 24th of June that, following the victory of the Singhalese governments victory, there is as little tolerance as ever for those journalists who dare to draw attention to human rights abuses, and that independent journalists feel “threatened and intimidated” in an environment in which criticism of the government can be viewed as tantamount to betrayal.
This does not augur well for the much-needed reconciliation and compromise needed by the two communities to achieve a lasting peace, but we must hope that reasonable and non-violent voices on both sides of the ethnic divide will come together and make themselves heard. This may be one area in which the international community could possibly assist, but, as at any level of the political game, the self-interest of international players often overrides real concern for international law and human rights standards.
The world must not turn away from these innocent victims of war who now reside in the internment camps in northern Sri Lanka, but sadly, as in so many similar cases, it no doubt will. The media and its cameras move on to the next sensational development in world affairs, which will keep us all riveted for a few days at best, providing a temporary but stimulating topic of conversation, but all too soon forgotten.
As with other dramatic and often bloody developments that capture the world’s major media players, (and thereby our own attention), from time to time, the short-lived but intense focus on events in the tiny island state of Sri Lanka has subsided. We should not expect the media to continue to supply us with further developments ,following the violent end to a bloody civil war which has racked the country since the anti-Tamil riots of 1983 and led to many thousands of deaths.
Unfortunately, it is the way of the world ; an event, be it natural disaster, or escalating armed conflict, captures our attention for a few brief days and then, the worlds attention hurries on to the next big thing. The suffering in Dafur or the tensions in Fiji will not have ended, but there is a law of diminishing returns for the media, and new sensational developments are rarely far away. We are ,therefore, conditioned not to take a deep or sustained interest in the problems of the world, it seems.
Although the war, for now at least has been won by the Sri Lankan government’s forces, the nature of the peace to follow is by no means certain. The underlying problems that led to conflict remain and whether an accommodation between the two ethnic groups can be reached is problematic, to say the least.
The issue of possible war crimes has not been addressed. Although Sri Lanka avoided censure by the Human Rights Council , this does not put to rest legitimate concerns about persistent claims of indiscriminate shelling by the Sri lankan army, leading to the deaths of thousands of innocent civilians in the final period of the conflict. Concerns expressed by the British and French foreign Ministers, who travelled to Sri Lanka, were dismissed by the Sri Lankan government, as were those of other governments and the fact that the media was prohibited from witnessing the fighting does nothing to dispel doubts about the government’s actions.
The UN puts deaths at about 8,000 in the final phase of fighting, during which time there were repeated calls for government forces to do more to avoid civilian death. An investigation by the Times puts deaths at about 20,000 with evidence that safe zones designated for non-combatants were also bombed. The Sri Lankan government naturally denies this, but there is surely a prima facie case that the Sri Lankan government did not live up to its commitment under international law to take all reasonable steps to avoid civilian casualties. There have been calls by the UN and human rights groups for an independent investigation into possible war crimes by both sides, but the Sri Lankan government is dismissive of these.
There is no doubt that both sides in the conflict have committed serious abuses of human rights and humanitarian law right up until the end of the conflict - the LTTE is accused, for instance, of using civilians as shields and shooting at their own people as they attempted to escape the battle zone - but all the cards are with the government now and Tamil communities around the world are rightly worried about the fate of the approximately 280,000 Tamils now in internment camps. They must indeed be termed internment camps, as they are fenced with barbed wire and the refugees of war are not free to leave, even the very young and the very old.
The government argues that these measures are necessary for the welfare of the refugees and to screen them for fighters from the LTTE, but Amnesty International has reported persistent and credible reports of illegal abductions from the camps by the military and para-military forces aligned with the government. Indeed claims by a Sri Lankan human rights group, INFORM that 20 to 30 young persons were daily being taken from the camps have been reported in the Colombo Times (June 16) and, although the UN and other humanitarian organizations are operating in the camps with the cooperation of the government, UN supervision of the screening process for LTTE fighters has been rejected and journalists are once again restricted from reporting.
The determination of the Sri Lankan government to restrict the access of independent observers and journalists to the camps, as was the policy during the final phase of the war, is of real concern. Unfortunately, its record on human rights is far from reassuring. As Sam Zarifi, Amnesty International’s Asia-Pacific director states, “ …the reality is that they have been haunted by injustice and impunity for years.” A recent report by Amnesty International entitled “Twenty Years of Make Believe” claims that Commissions of Inquiry set up from time to time have been largely ineffective in dealing with human rights abuses, including abductions, disappearances, extra-judicial killings and wide-spread torture by the police and armed forces. It accuses successive governments of failing to show any real commitment to curbing such practices and talks of the impunity of those who commit these abuses.
These conclusions are echoed by Human Rights Watch in its “Recurring Nightmares” report, in which it highlights the military’s reliance “on extrajudicial means, such as “disappearances” and summary executions in its operations”. The reported numbers of these enforced disappearances and unlawful killings, distressingly, run into the tens of thousands.
It must be said that the LTTE is also condemned for its practices - including abductions , massacres, assassination, the use of child soldiers and ruthless repression of dissenting voices in their own LTTE-controlled areas –but for the moment at least, they are a spent force, and the overriding concern should now be for those victims who have already suffered the ravages of war and are now interned in camps , uncertain as to their fate.
Unfortunately there are calls for the armed struggle to be renewed and those among the Tamil diaspora who finance such efforts from their own safety will have to take some responsibility for the suffering of those left behind which will inevitably follow. On the other hand, the BBC reported only on the 24th of June that, following the victory of the Singhalese governments victory, there is as little tolerance as ever for those journalists who dare to draw attention to human rights abuses, and that independent journalists feel “threatened and intimidated” in an environment in which criticism of the government can be viewed as tantamount to betrayal.
This does not augur well for the much-needed reconciliation and compromise needed by the two communities to achieve a lasting peace, but we must hope that reasonable and non-violent voices on both sides of the ethnic divide will come together and make themselves heard. This may be one area in which the international community could possibly assist, but, as at any level of the political game, the self-interest of international players often overrides real concern for international law and human rights standards.
The world must not turn away from these innocent victims of war who now reside in the internment camps in northern Sri Lanka, but sadly, as in so many similar cases, it no doubt will. The media and its cameras move on to the next sensational development in world affairs, which will keep us all riveted for a few days at best, providing a temporary but stimulating topic of conversation, but all too soon forgotten.
Wednesday, June 24, 2009
Lankan Pizza and Power Sharing of “Federalism
Pizza is one of the widely relished fast food by millions of people world wide. It has everything - from vegetables to meat and can be customized based on the taste of the consumer. The common ingredients are bread base, tomato sauce, cheese, onions, red bell peppers and olives - chicken or Sausage etc.
Well, if I had to relate pizza to federal power sharing systems of some nations across the world:
USA - Pizza with everything except olives.
Switzerland - Pizza that is delicious & complete.
India - Pizza without cheese and olives.
Sri Lanka (13th Amendment) - A Pizza with no bread base, no cheese, no tomato sauce, no onions, no olives, nor chicken; but Just red bell peppers.
United States of America:
The U.S. Constitution establishes a government based on sharing of power between national and state governments. While each of the 50 states have its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. Under this Constitution both the national and state governments are granted certain exclusive powers and share other powers.
Exclusive Powers of the National government include:
* Print money (bills and coins)* Declare and End war* Establish armed forces* Enter into treaties with foreign governments* Regulate commerce between states and international trade* Establish post offices and issue postage stamps* Enact laws necessary to enforce the constitution
Powers reserved for the national and state governments as well as the powers they share are laid out in the U.S. Constitution.
Exclusive Powers of State governments include:
* Establish local governments* Issue licenses (driver, hunting, marriage, etc.)* Regulate intrastate (within the state) commerce* Conduct elections* Ratify amendments to the U.S. constitution* Provide for public health and safety* Exercise powers neither delegated to the national government or prohibited from the states by the U.S. constitution (Ex: setting legal drinking and smoking age)
Powers shared by National and State government:
* Setting up courts* Creating and collecting taxes* Building highways* Borrowing money* Enacting and enforcing laws* Chartering banks and corporations* Spending money for the betterment of the general welfare* Taking (condemning) private property with just compensation
Switzerland:
Switzerland is a multi-ethnic, multilingual and multi-confessional nation shaped by the will of its people. It has been a federal State since 1848. Switzerland has a federal structure of the confederation and the cantons.
Confederation:
The Confederation is the name used in Switzerland for the state. In the Confederation, there are three powers: the executive (the Federal Council), the legislature (the Federal Assembly) and the judiciary (the Federal Supreme Court).
Cantons:
Switzerland is made up of 26 states known as cantons. They are the states that originally united in 1848 to form the Confederation, to which they each relinquished part of their sovereignty. In all the cantons the cantonal governments are elected directly by the people and therefore they hold a strong position in cantonal politics.
Tasks:
The cantonal governments are the highest executive authorities in the cantons. Firstly, they are responsible for the activities of government and are in charge of the cantonal administrations. They are for example responsible for preliminary legislative procedures, and they draw up the financial plan and budget and represent the canton both within the canton itself and at national and international levels.
Important areas of activity in all Cantonal administrations are:
* Finance* Justice* Economics* Education* Social services* Police/Security* Planning and building
India:
India is a federal State with a national government and a government of each constituent state. Although the structure of India is federal in a general way, there are yet certain aspects that are unique to India. The Indian government follows a strong central bias. The states enjoy relative autonomy in India. There is autonomy in the legislative, executive as well as the judicial powers for the states of India. The Union list:
Contains legislations, on which the Union enjoys exclusive control. Of the total 99 subjects that are included in the Union list, some are :* Defense* Banking* Taxes* Coinage* Insurance* Currency* Union Duties* Foreign Affairs
The State list:
There are a total of 69 subjects in this particular list, all of which are exclusive legislative powers of the State. Some of the subjects enlisted in the State list are :* Public order and Police* State Taxes and Duties* Agriculture* Sanitation* Local governments* Forests* Fisheries* Public Health
The Concurrent List:
This list contains 52 items, which are powers vested on the State as well as the Union. Some of the subjects included are:* Economic and Social planning* Criminal law and procedure* Civil procedure* Torts* Trusts* Marriage* Education* Welfare and Labor
Sri Lanka:
Following the Indo-Sri Lanka Agreement of July 29, 1987, the 13th Amendment to the Sri Lanka Constitution was introduced in October 1987 providing for an elected provincial council, a provincial board of ministers with a chief minister and a provincial governor.
The governor, though not elected, holds all the power, and the ministers, though elected, virtually have no power. There is in reality no devolution of power to the provinces.
Provincial Governor:
Under the 13th Amendment, the President appoints the provincial governor and can dismiss him/her. The governor holds executive power in the province in relation to those matters, which are within the competence of the provincial council. Since the constitution vests executive power in the president, it follows that the governor is subject to control by the president. The governor can exercise his executive power either directly or through the board of ministers or through the members of the provincial public service. The disciplinary control of officers of the province is vested in the governor. The governor will alsodetermine terms and conditions of their employment. In this circumstance, the board of ministers in effect becomes redundant. The functions of the chief minister and the board of ministers are to aid and advise the governor in the exercise of his functions. The chief minister must communicate all decisions of the board of ministers to the governor. The governor will exercise executive power also in respect of all provincial legislation passed by the provincial council. The governor is empowered to make rules for allocation of business among ministers. The governor can summon the provincial council, including ministers and give instructions.
If the council fails to comply with any instruction, the president can declare that the powers of the council will be exercised by parliament and that the powers of the ministers will be exercised by the president. The governor has the discretion to ignore the advice of the chief minister and board of ministers. Whether any matter requires the advice of the chief minister will be decidedby the governor on the direction of the president and this cannot be called into question in any court.
Finance:
Under the 13th Amendment, a Finance Commission consisting of the Governor of the Central Bank, Secretary to the Treasury and three other members each representing the three major communities (appointed by the president) will recommend the amount to be allocated from the annual budget to meet the needs of the province. The president will decide the amount. The provincial council cannot pass any laws imposing, altering, and abolishing any taxes in the province without the recommendation of the governor. No money can be withdrawn or utilized from the provincial fund (which will include money allocated by the central government, taxes and levies) without the sanction of the governor. The provincial council does not have powers to borrow internally and externally, provide guarantees and indemnities, receive aid directly and engage in or regulate internal and external trade.
Take over of functions:
Under the Sri Lanka Constitution all powers of auditing of accounts in relation to monies received from international sources are vested in the auditor-general appointed by the president.
If the President is satisfied that a situation has arisen in which the provincial administration cannot be carried out (for example, if the provincial council does not act in accordance with the recommendation of the governor in the case of taxes), the President can take over the functions of the governor, the chief minister and the ministers and also declare that the powers of the provincial council are vested in the central parliament. This cannot be called intoquestion in any court.
Advice:
Under the 13th Amendment, the chief minister and the board of ministers can advise the governor only in respect of matters on which the provincial council can pass laws. They cannot even advise over other matters such as:
A. Police:
The Inspector General of Police (IGP), who reports directly to the president, will be the head of all provincial police forces. A Deputy Inspector General of Police (DIG) will head the provincial division of the police force. The DIG will be appointed by the IGP with the concurrence of the chief minister, but if there is no agreement, the President will appoint the DIG after consulting the chief minister. The DIG will be responsible to answer the chief minister and function under his control. But there are no provisions for the exercise of such control other than through the IGP and the president.
Offences against a public officer, prejudicial to national security or maintenance of essential services will not be within the competence of the provincial police force. These offences are under the jurisdiction of the national police division.
B. Land and land settlement:
Although this matter is in the Provincial List under the 13th Amendment, the disposal of land within the province will be under the direct control of the president. State lands will not be vested in the provincial council and therefore it will not be able to distribute land to the people in the province. There is a long- standing complaint of the people in the north-east relating to distribution of state lands to those from outside the north-east and forcible occupation of private lands as a result of government-organized colonization or settlement programs.
Judiciary:
Under the Sri Lanka Constitution, judicial power is exercised by parliament through courts established by law. The President appoints the judges of the Supreme Court. Under the 13th Amendment, a High Court is established for the province. The Chief Justice chooses the High Court judge for a province from among the High Court judges and is appointed by the President.
The three lists:
The 13th Amendment provides three lists: Provincial Council List - The provincial council may make laws applicable to the province in respect of matters in this list. Concurrent List - Both the Sri Lanka Parliament and the provincial council may legislate on matters in this list. Reserved List - Only parliament may make laws in respect of matters in this list.
Despite this, the central parliament will be able to legislate by a simple majority on all subjects on grounds of national policy. This would enable parliament to legislate in respect of any matters in all three lists.
Conclusion:
Based on the above comparison analysis, any one with a fair understanding of what “federalism” represents would conclude that Tamils have literally no control over either the executive or the legislature or the judiciary branch of the proposed Indo-Lankan agreement - 13th Amendments to the Sri Lanka Constitution.
If some countries, organizations or individuals continue to advocate what was offered in the “13th Amendment to the Sri Lanka Constitution” was at best, let them first sell this recipe to their respective country and relish the Pizza (of just red bell peppers).
Well, if I had to relate pizza to federal power sharing systems of some nations across the world:
USA - Pizza with everything except olives.
Switzerland - Pizza that is delicious & complete.
India - Pizza without cheese and olives.
Sri Lanka (13th Amendment) - A Pizza with no bread base, no cheese, no tomato sauce, no onions, no olives, nor chicken; but Just red bell peppers.
United States of America:
The U.S. Constitution establishes a government based on sharing of power between national and state governments. While each of the 50 states have its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. Under this Constitution both the national and state governments are granted certain exclusive powers and share other powers.
Exclusive Powers of the National government include:
* Print money (bills and coins)* Declare and End war* Establish armed forces* Enter into treaties with foreign governments* Regulate commerce between states and international trade* Establish post offices and issue postage stamps* Enact laws necessary to enforce the constitution
Powers reserved for the national and state governments as well as the powers they share are laid out in the U.S. Constitution.
Exclusive Powers of State governments include:
* Establish local governments* Issue licenses (driver, hunting, marriage, etc.)* Regulate intrastate (within the state) commerce* Conduct elections* Ratify amendments to the U.S. constitution* Provide for public health and safety* Exercise powers neither delegated to the national government or prohibited from the states by the U.S. constitution (Ex: setting legal drinking and smoking age)
Powers shared by National and State government:
* Setting up courts* Creating and collecting taxes* Building highways* Borrowing money* Enacting and enforcing laws* Chartering banks and corporations* Spending money for the betterment of the general welfare* Taking (condemning) private property with just compensation
Switzerland:
Switzerland is a multi-ethnic, multilingual and multi-confessional nation shaped by the will of its people. It has been a federal State since 1848. Switzerland has a federal structure of the confederation and the cantons.
Confederation:
The Confederation is the name used in Switzerland for the state. In the Confederation, there are three powers: the executive (the Federal Council), the legislature (the Federal Assembly) and the judiciary (the Federal Supreme Court).
Cantons:
Switzerland is made up of 26 states known as cantons. They are the states that originally united in 1848 to form the Confederation, to which they each relinquished part of their sovereignty. In all the cantons the cantonal governments are elected directly by the people and therefore they hold a strong position in cantonal politics.
Tasks:
The cantonal governments are the highest executive authorities in the cantons. Firstly, they are responsible for the activities of government and are in charge of the cantonal administrations. They are for example responsible for preliminary legislative procedures, and they draw up the financial plan and budget and represent the canton both within the canton itself and at national and international levels.
Important areas of activity in all Cantonal administrations are:
* Finance* Justice* Economics* Education* Social services* Police/Security* Planning and building
India:
India is a federal State with a national government and a government of each constituent state. Although the structure of India is federal in a general way, there are yet certain aspects that are unique to India. The Indian government follows a strong central bias. The states enjoy relative autonomy in India. There is autonomy in the legislative, executive as well as the judicial powers for the states of India. The Union list:
Contains legislations, on which the Union enjoys exclusive control. Of the total 99 subjects that are included in the Union list, some are :* Defense* Banking* Taxes* Coinage* Insurance* Currency* Union Duties* Foreign Affairs
The State list:
There are a total of 69 subjects in this particular list, all of which are exclusive legislative powers of the State. Some of the subjects enlisted in the State list are :* Public order and Police* State Taxes and Duties* Agriculture* Sanitation* Local governments* Forests* Fisheries* Public Health
The Concurrent List:
This list contains 52 items, which are powers vested on the State as well as the Union. Some of the subjects included are:* Economic and Social planning* Criminal law and procedure* Civil procedure* Torts* Trusts* Marriage* Education* Welfare and Labor
Sri Lanka:
Following the Indo-Sri Lanka Agreement of July 29, 1987, the 13th Amendment to the Sri Lanka Constitution was introduced in October 1987 providing for an elected provincial council, a provincial board of ministers with a chief minister and a provincial governor.
The governor, though not elected, holds all the power, and the ministers, though elected, virtually have no power. There is in reality no devolution of power to the provinces.
Provincial Governor:
Under the 13th Amendment, the President appoints the provincial governor and can dismiss him/her. The governor holds executive power in the province in relation to those matters, which are within the competence of the provincial council. Since the constitution vests executive power in the president, it follows that the governor is subject to control by the president. The governor can exercise his executive power either directly or through the board of ministers or through the members of the provincial public service. The disciplinary control of officers of the province is vested in the governor. The governor will alsodetermine terms and conditions of their employment. In this circumstance, the board of ministers in effect becomes redundant. The functions of the chief minister and the board of ministers are to aid and advise the governor in the exercise of his functions. The chief minister must communicate all decisions of the board of ministers to the governor. The governor will exercise executive power also in respect of all provincial legislation passed by the provincial council. The governor is empowered to make rules for allocation of business among ministers. The governor can summon the provincial council, including ministers and give instructions.
If the council fails to comply with any instruction, the president can declare that the powers of the council will be exercised by parliament and that the powers of the ministers will be exercised by the president. The governor has the discretion to ignore the advice of the chief minister and board of ministers. Whether any matter requires the advice of the chief minister will be decidedby the governor on the direction of the president and this cannot be called into question in any court.
Finance:
Under the 13th Amendment, a Finance Commission consisting of the Governor of the Central Bank, Secretary to the Treasury and three other members each representing the three major communities (appointed by the president) will recommend the amount to be allocated from the annual budget to meet the needs of the province. The president will decide the amount. The provincial council cannot pass any laws imposing, altering, and abolishing any taxes in the province without the recommendation of the governor. No money can be withdrawn or utilized from the provincial fund (which will include money allocated by the central government, taxes and levies) without the sanction of the governor. The provincial council does not have powers to borrow internally and externally, provide guarantees and indemnities, receive aid directly and engage in or regulate internal and external trade.
Take over of functions:
Under the Sri Lanka Constitution all powers of auditing of accounts in relation to monies received from international sources are vested in the auditor-general appointed by the president.
If the President is satisfied that a situation has arisen in which the provincial administration cannot be carried out (for example, if the provincial council does not act in accordance with the recommendation of the governor in the case of taxes), the President can take over the functions of the governor, the chief minister and the ministers and also declare that the powers of the provincial council are vested in the central parliament. This cannot be called intoquestion in any court.
Advice:
Under the 13th Amendment, the chief minister and the board of ministers can advise the governor only in respect of matters on which the provincial council can pass laws. They cannot even advise over other matters such as:
A. Police:
The Inspector General of Police (IGP), who reports directly to the president, will be the head of all provincial police forces. A Deputy Inspector General of Police (DIG) will head the provincial division of the police force. The DIG will be appointed by the IGP with the concurrence of the chief minister, but if there is no agreement, the President will appoint the DIG after consulting the chief minister. The DIG will be responsible to answer the chief minister and function under his control. But there are no provisions for the exercise of such control other than through the IGP and the president.
Offences against a public officer, prejudicial to national security or maintenance of essential services will not be within the competence of the provincial police force. These offences are under the jurisdiction of the national police division.
B. Land and land settlement:
Although this matter is in the Provincial List under the 13th Amendment, the disposal of land within the province will be under the direct control of the president. State lands will not be vested in the provincial council and therefore it will not be able to distribute land to the people in the province. There is a long- standing complaint of the people in the north-east relating to distribution of state lands to those from outside the north-east and forcible occupation of private lands as a result of government-organized colonization or settlement programs.
Judiciary:
Under the Sri Lanka Constitution, judicial power is exercised by parliament through courts established by law. The President appoints the judges of the Supreme Court. Under the 13th Amendment, a High Court is established for the province. The Chief Justice chooses the High Court judge for a province from among the High Court judges and is appointed by the President.
The three lists:
The 13th Amendment provides three lists: Provincial Council List - The provincial council may make laws applicable to the province in respect of matters in this list. Concurrent List - Both the Sri Lanka Parliament and the provincial council may legislate on matters in this list. Reserved List - Only parliament may make laws in respect of matters in this list.
Despite this, the central parliament will be able to legislate by a simple majority on all subjects on grounds of national policy. This would enable parliament to legislate in respect of any matters in all three lists.
Conclusion:
Based on the above comparison analysis, any one with a fair understanding of what “federalism” represents would conclude that Tamils have literally no control over either the executive or the legislature or the judiciary branch of the proposed Indo-Lankan agreement - 13th Amendments to the Sri Lanka Constitution.
If some countries, organizations or individuals continue to advocate what was offered in the “13th Amendment to the Sri Lanka Constitution” was at best, let them first sell this recipe to their respective country and relish the Pizza (of just red bell peppers).
Ex-UN's Jan Egeland Describes "Horror" In Sri Lanka, Says R2P Has Failed, UN Silent
Byline: Matthew Russell Lee of Inner City Press at the UN: News Analysis
UNITED NATIONS, June 24 -- While current UN humanitarian coordinator John Holmes has commended the Sri Lankan government for how they are running the UN-funded camps where they have detained 300,000 Tamil civilians, his predecessor Jan Egeland on Tuesday told the Press that we can "safely assume... horrors" in the treatment of "women in Sri Lanka, Tamils," due to the continuing denial of access not only to humanitarian review but also "witnesses." Video here, from Minute 26:06.
Last week Inner City Press asked for the UN's and Holmes' response to the Sri Lanka government barring even UN workers from bringing cameras into the internment camps. There was no response, nor to the disbanding of the investigation into killings such as that of 17 Action Contre la Faim aid workers near Kilinochchi.
On June 22 and again on June 24, Inner City Press asked Secretary General Ban Ki-moon's spokesperson about two UN system staffers grabbed up by the government, by plain clothes men in unmarked vehicles. Even though the UN in Colombo belatedly admitted what happened, Ban's spokesperson on June 24 told the Press "we are trying to get information on what happened, got your question yesterday." Video here, from Minute 10:10.
But it happened ten days ago, and was asked about on June 22. To many, it begins to be part of the cover-up.
Egeland was in New York for a UN Colloquium on Conflict Related Sexual Violence in Peace Negotiations. Inner City Press asked for his view of the UN's performance this year in Sri Lanka. "Sri Lanka is the latest example of the world community letting a government get away with denying access, to witnesses, humanitarian relief, protection of civilians," Egeland said.
UNITED NATIONS, June 24 -- While current UN humanitarian coordinator John Holmes has commended the Sri Lankan government for how they are running the UN-funded camps where they have detained 300,000 Tamil civilians, his predecessor Jan Egeland on Tuesday told the Press that we can "safely assume... horrors" in the treatment of "women in Sri Lanka, Tamils," due to the continuing denial of access not only to humanitarian review but also "witnesses." Video here, from Minute 26:06.
Last week Inner City Press asked for the UN's and Holmes' response to the Sri Lanka government barring even UN workers from bringing cameras into the internment camps. There was no response, nor to the disbanding of the investigation into killings such as that of 17 Action Contre la Faim aid workers near Kilinochchi.
On June 22 and again on June 24, Inner City Press asked Secretary General Ban Ki-moon's spokesperson about two UN system staffers grabbed up by the government, by plain clothes men in unmarked vehicles. Even though the UN in Colombo belatedly admitted what happened, Ban's spokesperson on June 24 told the Press "we are trying to get information on what happened, got your question yesterday." Video here, from Minute 10:10.
But it happened ten days ago, and was asked about on June 22. To many, it begins to be part of the cover-up.
Egeland was in New York for a UN Colloquium on Conflict Related Sexual Violence in Peace Negotiations. Inner City Press asked for his view of the UN's performance this year in Sri Lanka. "Sri Lanka is the latest example of the world community letting a government get away with denying access, to witnesses, humanitarian relief, protection of civilians," Egeland said.
At but no longer of the UN, Jan Egeland says R2P failed in Sri Lanka
He said that the Responsibility to Protest, enacted by the UN in 2005, was "not upheld in Sri Lanka, the heads of state have failed." He predicted that conflict will brew because injustice is occurring. He added, that he was not saying this as a UN official, that he is now with the Norwegian Institute on International Affairs.
In the run up to the Colloquium, two current UN officials came to speak to the Press. Sri Lanka was raised by Inner City Press, and the UN Development Program briefer answered and then said, "that is all off the record."
Why can't the UN speak on the record about Sri Lanka, as staff are disappeared and civilians killed and locked up?
Why is it only an ex-UN official who can admit that on Sri Lanka, the UN emperor has no clothes? Watch this site.
In the run up to the Colloquium, two current UN officials came to speak to the Press. Sri Lanka was raised by Inner City Press, and the UN Development Program briefer answered and then said, "that is all off the record."
Why can't the UN speak on the record about Sri Lanka, as staff are disappeared and civilians killed and locked up?
Why is it only an ex-UN official who can admit that on Sri Lanka, the UN emperor has no clothes? Watch this site.
Sri Lankan Government Used Plainclothes Men in Unmarked Cars to Grab UN Staff
Byline: Matthew Russell Lee of Inner City Press at the UN: News Analysis
UNITED NATIONS, June 23 -- While the UN in New York still refuses to confirm that Sri Lanka has detained two Tamil staff members, the acting Country Coordinator, UNHCR's Amim Awar, has told local staff that the two men were picked up on June 11 and 12 "by plain clothes men, who did not identify themselves, and who were driving an unmarked vehicle."
Many who disappear that way, particularly in the notorious white vans, are subsequently killed. That such tactics have been deployed by the government onto UN staff who are, at least elsewhere, immune signifies the degree of the UN's debasement in Sri Lanka.
Amin Awar's message to staff, obtained by Inner City Press and published below and attached, says that 12 days after the detentions, the UN has
"not been officially informed of the detention, the reasons for this detention, the allegations, if any, of charges that might have been laid against the staff members, or the location of their detention. We understand that their families have not been officially informed. ... We have sought legal advice as to whether the manner in which these men were taken followed due process. The UN acknowledges without reservation the right of the security services of Sri Lanka to investigate any allegations of criminal wrongdoing, including by UN staff members, and will cooperate fully to support due process. However it is our position that any investigation must comply with Sri Lankan national law and be transparent."
Ironically, when UN peacekeepers commit rape or sexual abuse, for example in the Congo, they are not allowed to be arrested by the national authorities. In the US, if the government wants to arrest or even question a UN staff member, the Secretary General has to waive immunity. Not in Sri Lanka, apparently.
On June 22, Inner City Press asked Ban Ki-moon's spokesperson Michele Montas
Inner City Press:it emerged over the weekend that two more UN staff members had been detained by the Government of Sri Lanka. Reportedly, a driver for UNOPS and a driver for UNHCR. Is OCHA aware of that? And what’s being done to find out why they were detained?
Spokesperson Montas: Okay. I’ll try to find out more on that. Very soon.
More more than 30 hours later, no information has been provided by the UN in New York.
UNITED NATIONS, June 23 -- While the UN in New York still refuses to confirm that Sri Lanka has detained two Tamil staff members, the acting Country Coordinator, UNHCR's Amim Awar, has told local staff that the two men were picked up on June 11 and 12 "by plain clothes men, who did not identify themselves, and who were driving an unmarked vehicle."
Many who disappear that way, particularly in the notorious white vans, are subsequently killed. That such tactics have been deployed by the government onto UN staff who are, at least elsewhere, immune signifies the degree of the UN's debasement in Sri Lanka.
Amin Awar's message to staff, obtained by Inner City Press and published below and attached, says that 12 days after the detentions, the UN has
"not been officially informed of the detention, the reasons for this detention, the allegations, if any, of charges that might have been laid against the staff members, or the location of their detention. We understand that their families have not been officially informed. ... We have sought legal advice as to whether the manner in which these men were taken followed due process. The UN acknowledges without reservation the right of the security services of Sri Lanka to investigate any allegations of criminal wrongdoing, including by UN staff members, and will cooperate fully to support due process. However it is our position that any investigation must comply with Sri Lankan national law and be transparent."
Ironically, when UN peacekeepers commit rape or sexual abuse, for example in the Congo, they are not allowed to be arrested by the national authorities. In the US, if the government wants to arrest or even question a UN staff member, the Secretary General has to waive immunity. Not in Sri Lanka, apparently.
On June 22, Inner City Press asked Ban Ki-moon's spokesperson Michele Montas
Inner City Press:it emerged over the weekend that two more UN staff members had been detained by the Government of Sri Lanka. Reportedly, a driver for UNOPS and a driver for UNHCR. Is OCHA aware of that? And what’s being done to find out why they were detained?
Spokesperson Montas: Okay. I’ll try to find out more on that. Very soon.
More more than 30 hours later, no information has been provided by the UN in New York.
UN's Ban between cameras of Sri Lanka staff, detentions not yet shown
The June 23 noon briefing was canceled, to encourage reporters to go cover a Ban Ki-moon press conference outside of the UN at which questions were limited to climate change.
In the Spokesperson's Office, the previous practice of letting the Press view the Office's compilation for Ban Ki-moon of world news headlines has abruptly been discontinued. The explanation is that now Ban wants analysis along with the headlines and summaries, and it would be inappropriate for the Press to see this "format."
But the UN's internal News Monitoring Unit compiles articles about the Secretary General and allows a search by Positive, Neutral and Negative coverage. Strangely, despite the Economist review and Foreign Policy, on June 22 in the UN data base there were no negative reviews listed or included. Hear no evil, see no evil. We will have more on this.
Inner City Press' June 18 debate on Sri Lanka, click here
Message from Resident and Humanitarian Coordinator
Arrest of UN staff members
Dear colleagues,
You may be aware that two UN staff members went missing in Vavuniya on 11 and 12 of June. You may have heard the news from colleagues, or have seen reports in the media.
From the facts as we understand them today, the two staff members in question were taken away by plain clothes men, who did not identify themselves, and who were driving an unmarked vehicle. One UNHCR staff member was taken from his home, and the UNOPS staff member was taken the following day from a service station, where he had stopped to refuel his vehicle. The UN was not informed by the authorities, and it was only after conducting inquiries that we were able to learn informally that the staff members had in fact been taken by the Sri Lankan security services. To date, we have not been officially informed of the detention, the reasons for this detention, the allegations, if any, of charges that might have been laid against the staff members, or the location of their detention. We understand that their families have not been officially informed. Under Sri Lankan Law, Emergency Regulation 20 (9) when a person is taken into custody, a receipt should be issued to family members or accompanying person acknowledging the arrest / detention.
We have sought legal advice as to whether the manner in which these men were taken followed due process. The UN acknowledges without reservation the right of the security services of Sri Lanka to investigate any allegations of criminal wrongdoing, including by UN staff members, and will cooperate fully to support due process. However it is our position that any investigation must comply with Sri Lankan national law and be transparent.
We are in constant contact with the government over our concerns, and have issued official communiqués to the government detailing them. We are keeping our respective headquarters closely informed, as well as Secretary-General Mr. Ban Ki-Moon. When UN staff members are detained it is standard practice for the UN to have direct contact with such persons. We will attempt to keep you informed in a timely manner through these bulletins of these matters.
Best regards
Amin Awad
Acting Resident Coordinator and Humanitarian Coordinator
Sri Lankan Tamil detainees give eye-witness accounts
It is now more than one month since the Sri Lankan military detained the final batch of Tamil refugees fleeing the northern war zone on May 19. They joined more than a quarter of a million civilians already incarcerated in camps set up near Vavuniya and on the Jaffna Peninsula during the last phase of the war. About 160,000 people are interned in four units in the biggest camp, known as Manik Farm.
In order to brush off criticism of the denial of democratic rights and terrible conditions in the camps, the government falsely claimed that most detainees would be resettled within six months. However, senior military officials have told Mark Cutts, a UN senior coordinator at Manik Farm, that they expect 80 percent of the people to be still detained in a year’s time. Cutts told the BBC that the government was building permanent structures at Manik Farm. Nothing less than a new city had been created, he said, with phone lines, schools, banks and even a cash machine.
The government is treating all the detainees as suspected supporters of the separatist Liberation Tigers of Tamil Eelam (LTTE), saying that no-one can be released until the camps have been screened to identify those with LTTE connections. Every day 20 to 30 young people are taken away and their whereabouts are unknown, a human rights organisation, INFORM, reported this week. Interviewed by the BBC Sinhala Service, a spokesperson for the organisation said people wearing hoods were brought into the camps and they indicated by signs whether a detainee had LTTE connections or not.
No register is being kept of such removals, in violation of Sri Lankan and international law, and the media has been excluded from the camps to prevent any reporting of the conditions in the camps or the fate of the nearly 9,000 youth that the government has admitted taking away to separate detention facilities. Their parents do not know what has happened to them.
A report in the right-wing Island newspaper on June 16 provided a glimpse of how the military and police authorities are applying pressure to the Tamil youth to declare support for the government. According to the article, a deputy inspector general of police Nimal Lewke addressed over 2,000 detainees at the Neriyakulam Technical College and told them that President Mahinda Rajapakse was “their only hope”. Lewke told the Island that about 8,729 youth were being held in several detention centres at Vavuniya as LTTE cadres, including about 1,700 young women, and that 283,000 displaced people were in camps at Vavuniya, with 11,000 more on the Jaffna Peninsula.
Because of the government’s exclusion of the media, the only source of information is the testimonies of detainees relayed by relatives. We publish below two interviews given by relatives who visited two Manik Farm camps, in which they report the conditions there, as well as detainees’ accounts of the military’s shelling of civilians in the final stages of the war.
* * *
On the day I visited the camp, Education Minister Susil Premjayantha and Resettlement Minister Rishad Bathiuddeen were meeting with some NGOs [non-government organisations] in the camp. So we had to wait until they left. Police officers were controlling the people, wielding batons.
Speaking about the last days of the war, my relative told me: “The military fired more than a thousand shells an hour. The shells fell on people because there was a smaller chance of falling on the land--people were so crowded into a tiny area. About 1,400 people killed on the day when I was injured. I saw this in the hospital. I do not know how many died on the spot. I was admitted to Mullivaikkal hospital. After few days, they took me by ship to (eastern) Pulmoddai hospital. Again I was transferred to Polonnaruwa hospital. Later they brought me to Vavuniya and finally here. They photographed me each time when they transferred me.
“We are like prisoners here. Why don’t they allow us to go out? The toilets are overflowing. There is a lack of water to use toilets and for other needs. There are some tube wells for drinking water. For that we have to wait in a long queue. We have to bathe in a river running behind the camp. However if we bathe in that river continuously, some skin diseases will spread among us. A doctor visits the camp only once a week. Sometimes essential medicines are not available. We have to obtain a token two days in advance to consult the doctor for any severe illness.
“We are living with fear. We do not know what will happen at anytime. The foreign representatives who visit here do not know the real situation. We are not allowed to speak with them. When the UN secretary general [Ban Ki-moon] visited, the authorities took half the detainees out of Kadirgamar camp and cleaned it up. They showed him each family with a tent. They took him only to that camp.”
An elderly person who was leaving the camp with a relative who was released after nearly a month of requests, said: “I think we were the first people who crossed into the military-controlled area after the government announced that we could do so. But the treatment that the young and middle-aged people got and the words used against us made me think that I should have died starving rather than come here.
“Now of course they have put up tin sheets and thatched roofs. When we came here it was almost like a jungle. Numbers of families had to live in one hut. Because it is hot, people can sleep anywhere but the problems start if it begins to rain. If it rains, you can’t even walk because of the muddy land.
“Since we came here many of the parents with children have never slept at night for fear that their children would be taken away. There were numbers of such incidents. We had no lights, so nobody knew what was going on.”
A 60-year-old person who visited a camp to see his children said: “I went from one camp to another searching for the family of my daughter who was in Kilinochchi. Yesterday I went to a camp at Periyakattu in Vavuniya, which opened soon after the government announced its war victory. But visitors are not allowed there. The military considers those interns to be strong supporters or associates of the LTTE because they were there in the war zone until the last minute.”
* * *
I went to a camp recently to see some of my relatives detained there. We wrote down the name of the detainee we wanted to visit, his block and tent number and handed it over to the officers, who seemed to be intelligence officers or members of paramilitary groups working with the military.
They announced our visit by loud speakers. We were not sure whether the message had gotten to the particular relative. However, we stayed in the queue for checking. Officers checked all our bags and parcels, and our bodies. No shopping bags, betel and areca nut, big bags, boxes or hand phones were allowed.
We had to talk with our relatives through the barbed wire fence. We were allowed just 15 minutes. There were about 60 or 70 visitors talking to their relatives behind the fence, so it was difficult to hear or respond to each other.
My relative, 19, described his experience under the military’s shelling attacks in Mullivaikkal: “There were pieces of shells in the backbone of my mother. We think the shells were fired by the army. Medical staff would only give medicine without removing the shrapnel, because they said she would become paralysed or unconscious if the pieces were removed. After my mother was injured, I carried her and moved secretly during an entire night, without the knowledge of the LTTE, to reach the military-controlled area.
“My brother, who is 13, must study in grade 7 and I in the advanced level. But we have not been able to go to school for more than six months. The officials said they would arrange for us to study in the advanced level.
“They cook meals here for us. This morning it was porridge. For lunch, they gave us rice with soya meat, pumpkin, dhal and dried fish. We may have porridge tonight also. People who were able to find pans were cooking, but when a temporary tent burned down [due to a cooking fire], we were asked to stop cooking.
“We are facing a huge lack of water and there are lots of flies here. They gave us a floor sheet to put inside the tent, but the flies live on those sheets.” As we talked, flies flocked around our faces.
Another relative I wanted to meet did not turn up although I lined up in the queue three times. He may not have received the message about my visit. On my third attempt, I met another detainee I know and managed to send things for my relative through him. That detainee, a government employee told me:
“We are unable to get a good meal. The meals are not tasty—they are just to prevent hunger. I do my job here and they pay me. How many days do we have to suffer this camp life? There is no water here. Smallpox and mumps are spreading.”
In order to brush off criticism of the denial of democratic rights and terrible conditions in the camps, the government falsely claimed that most detainees would be resettled within six months. However, senior military officials have told Mark Cutts, a UN senior coordinator at Manik Farm, that they expect 80 percent of the people to be still detained in a year’s time. Cutts told the BBC that the government was building permanent structures at Manik Farm. Nothing less than a new city had been created, he said, with phone lines, schools, banks and even a cash machine.
The government is treating all the detainees as suspected supporters of the separatist Liberation Tigers of Tamil Eelam (LTTE), saying that no-one can be released until the camps have been screened to identify those with LTTE connections. Every day 20 to 30 young people are taken away and their whereabouts are unknown, a human rights organisation, INFORM, reported this week. Interviewed by the BBC Sinhala Service, a spokesperson for the organisation said people wearing hoods were brought into the camps and they indicated by signs whether a detainee had LTTE connections or not.
No register is being kept of such removals, in violation of Sri Lankan and international law, and the media has been excluded from the camps to prevent any reporting of the conditions in the camps or the fate of the nearly 9,000 youth that the government has admitted taking away to separate detention facilities. Their parents do not know what has happened to them.
A report in the right-wing Island newspaper on June 16 provided a glimpse of how the military and police authorities are applying pressure to the Tamil youth to declare support for the government. According to the article, a deputy inspector general of police Nimal Lewke addressed over 2,000 detainees at the Neriyakulam Technical College and told them that President Mahinda Rajapakse was “their only hope”. Lewke told the Island that about 8,729 youth were being held in several detention centres at Vavuniya as LTTE cadres, including about 1,700 young women, and that 283,000 displaced people were in camps at Vavuniya, with 11,000 more on the Jaffna Peninsula.
Because of the government’s exclusion of the media, the only source of information is the testimonies of detainees relayed by relatives. We publish below two interviews given by relatives who visited two Manik Farm camps, in which they report the conditions there, as well as detainees’ accounts of the military’s shelling of civilians in the final stages of the war.
* * *
On the day I visited the camp, Education Minister Susil Premjayantha and Resettlement Minister Rishad Bathiuddeen were meeting with some NGOs [non-government organisations] in the camp. So we had to wait until they left. Police officers were controlling the people, wielding batons.
Speaking about the last days of the war, my relative told me: “The military fired more than a thousand shells an hour. The shells fell on people because there was a smaller chance of falling on the land--people were so crowded into a tiny area. About 1,400 people killed on the day when I was injured. I saw this in the hospital. I do not know how many died on the spot. I was admitted to Mullivaikkal hospital. After few days, they took me by ship to (eastern) Pulmoddai hospital. Again I was transferred to Polonnaruwa hospital. Later they brought me to Vavuniya and finally here. They photographed me each time when they transferred me.
“We are like prisoners here. Why don’t they allow us to go out? The toilets are overflowing. There is a lack of water to use toilets and for other needs. There are some tube wells for drinking water. For that we have to wait in a long queue. We have to bathe in a river running behind the camp. However if we bathe in that river continuously, some skin diseases will spread among us. A doctor visits the camp only once a week. Sometimes essential medicines are not available. We have to obtain a token two days in advance to consult the doctor for any severe illness.
“We are living with fear. We do not know what will happen at anytime. The foreign representatives who visit here do not know the real situation. We are not allowed to speak with them. When the UN secretary general [Ban Ki-moon] visited, the authorities took half the detainees out of Kadirgamar camp and cleaned it up. They showed him each family with a tent. They took him only to that camp.”
An elderly person who was leaving the camp with a relative who was released after nearly a month of requests, said: “I think we were the first people who crossed into the military-controlled area after the government announced that we could do so. But the treatment that the young and middle-aged people got and the words used against us made me think that I should have died starving rather than come here.
“Now of course they have put up tin sheets and thatched roofs. When we came here it was almost like a jungle. Numbers of families had to live in one hut. Because it is hot, people can sleep anywhere but the problems start if it begins to rain. If it rains, you can’t even walk because of the muddy land.
“Since we came here many of the parents with children have never slept at night for fear that their children would be taken away. There were numbers of such incidents. We had no lights, so nobody knew what was going on.”
A 60-year-old person who visited a camp to see his children said: “I went from one camp to another searching for the family of my daughter who was in Kilinochchi. Yesterday I went to a camp at Periyakattu in Vavuniya, which opened soon after the government announced its war victory. But visitors are not allowed there. The military considers those interns to be strong supporters or associates of the LTTE because they were there in the war zone until the last minute.”
* * *
I went to a camp recently to see some of my relatives detained there. We wrote down the name of the detainee we wanted to visit, his block and tent number and handed it over to the officers, who seemed to be intelligence officers or members of paramilitary groups working with the military.
They announced our visit by loud speakers. We were not sure whether the message had gotten to the particular relative. However, we stayed in the queue for checking. Officers checked all our bags and parcels, and our bodies. No shopping bags, betel and areca nut, big bags, boxes or hand phones were allowed.
We had to talk with our relatives through the barbed wire fence. We were allowed just 15 minutes. There were about 60 or 70 visitors talking to their relatives behind the fence, so it was difficult to hear or respond to each other.
My relative, 19, described his experience under the military’s shelling attacks in Mullivaikkal: “There were pieces of shells in the backbone of my mother. We think the shells were fired by the army. Medical staff would only give medicine without removing the shrapnel, because they said she would become paralysed or unconscious if the pieces were removed. After my mother was injured, I carried her and moved secretly during an entire night, without the knowledge of the LTTE, to reach the military-controlled area.
“My brother, who is 13, must study in grade 7 and I in the advanced level. But we have not been able to go to school for more than six months. The officials said they would arrange for us to study in the advanced level.
“They cook meals here for us. This morning it was porridge. For lunch, they gave us rice with soya meat, pumpkin, dhal and dried fish. We may have porridge tonight also. People who were able to find pans were cooking, but when a temporary tent burned down [due to a cooking fire], we were asked to stop cooking.
“We are facing a huge lack of water and there are lots of flies here. They gave us a floor sheet to put inside the tent, but the flies live on those sheets.” As we talked, flies flocked around our faces.
Another relative I wanted to meet did not turn up although I lined up in the queue three times. He may not have received the message about my visit. On my third attempt, I met another detainee I know and managed to send things for my relative through him. That detainee, a government employee told me:
“We are unable to get a good meal. The meals are not tasty—they are just to prevent hunger. I do my job here and they pay me. How many days do we have to suffer this camp life? There is no water here. Smallpox and mumps are spreading.”
US to "carefully assess" Sri Lanka IMF loan: official
June 24, 2009 (LBO) - The United States is not blocking an International Monetary Fund (IMF) loan to Sri Lanka but the US Treasury and State Department "will carefully assess" the program, an official has said.
"We are not threatening to block the loan and we will carefully assess any program in light of the conditions in Sri Lanka at the time," state department director public diplomacy in South and Central Asia said in a live webchat Tuesday.
"The Department of Treasury is in the lead for the U.S. Government on IMF issues and we will coordinate closely with them as the Sri Lankan Government-IMF negotiations proceed."
Sri Lankan authorities have insisted that negotiations with the IMF are complete and a staff-level deal has been reached for a 'stand-by arrangement' of at least 1.9 billion US dollars.
The latest US comments imply that negotiations are ongoing.
In late March Sri Lanka also floated the rupee, a prior action to break a peg with the US dollar to allow the island's central bank to regain control of its monetary system and stop foreign reserve losses.
A float is usually a sign that an agreement has been reached.
IMF spokesperson Caroline Atkinson said on June 19 that "whenever there is final agreement, then a program would go to the Executive Board." In May she said a deal would be presented to the IMF board "within weeks".
The US Treasury's international monetary affairs unit advises the US executive director to the IMF. The US has the largest vote share at the executive board level, though not a majority.
John Lipsky, IMF's powerful first deputy managing director, is also from the US.
Gregg said: "As we said in late May, we�re taking a fresh look at the Stand-by Arrangement, and believe the end of the conflict presents a new opportunity to seek reconciliation and build a tolerant and democratic Sri Lanka."
The US has expressed concern at the treatment of civilians in the last stages of a war against Tamil Tigers.
Gregg said the US still considered Tamil Tigers a terrorist organization and did not recognize a government in exile proposed by separatist elements outside Sri Lanka.
Since the float of the Sri Lanka rupee, the urgency for the loan has passed and the Central Bank has been a net buyer in forex markets.
Sri Lanka has also repaid a 125 million US dollar commercial loan, and hedge funds have bought 190 million US dollars in rupee denominated securities, the Central Bank has said.
The rupee is now pegged at 114.95 and the central bank is selling down its stock of domestic assets (government debt securities) in a text book IMF-style program to slowly build up foreign reserves.
"We are not threatening to block the loan and we will carefully assess any program in light of the conditions in Sri Lanka at the time," state department director public diplomacy in South and Central Asia said in a live webchat Tuesday.
"The Department of Treasury is in the lead for the U.S. Government on IMF issues and we will coordinate closely with them as the Sri Lankan Government-IMF negotiations proceed."
Sri Lankan authorities have insisted that negotiations with the IMF are complete and a staff-level deal has been reached for a 'stand-by arrangement' of at least 1.9 billion US dollars.
The latest US comments imply that negotiations are ongoing.
In late March Sri Lanka also floated the rupee, a prior action to break a peg with the US dollar to allow the island's central bank to regain control of its monetary system and stop foreign reserve losses.
A float is usually a sign that an agreement has been reached.
IMF spokesperson Caroline Atkinson said on June 19 that "whenever there is final agreement, then a program would go to the Executive Board." In May she said a deal would be presented to the IMF board "within weeks".
The US Treasury's international monetary affairs unit advises the US executive director to the IMF. The US has the largest vote share at the executive board level, though not a majority.
John Lipsky, IMF's powerful first deputy managing director, is also from the US.
Gregg said: "As we said in late May, we�re taking a fresh look at the Stand-by Arrangement, and believe the end of the conflict presents a new opportunity to seek reconciliation and build a tolerant and democratic Sri Lanka."
The US has expressed concern at the treatment of civilians in the last stages of a war against Tamil Tigers.
Gregg said the US still considered Tamil Tigers a terrorist organization and did not recognize a government in exile proposed by separatist elements outside Sri Lanka.
Since the float of the Sri Lanka rupee, the urgency for the loan has passed and the Central Bank has been a net buyer in forex markets.
Sri Lanka has also repaid a 125 million US dollar commercial loan, and hedge funds have bought 190 million US dollars in rupee denominated securities, the Central Bank has said.
The rupee is now pegged at 114.95 and the central bank is selling down its stock of domestic assets (government debt securities) in a text book IMF-style program to slowly build up foreign reserves.
Sri Lanka: The Elimination Of Torture
Wednesday, 24 June 2009, 1:43 pmPress Release: Asian Human Rights Commission
Sri Lanka: Elimination Of Torture Is A Precondition For Developing Civilised Policing System
From 1971 until the defeat of the LTTE there has been a continuous period of violence where both rebel groups and the state engaged in an attempt to outdo each other in brutality. One of the consequences of this period was the virtual destruction of the system of civilian policing. Now, with the end of this period the nation is faced with the serious problem of recreating a system of civilian policing which could serve the needs of the community.
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The most difficult question to deal with in creating a civilian police which will meet the criterion of civilised policing is how to eliminate the endemic practice of torture that has become a part of routine policing in Sri Lanka. The purpose of this statement is not to illustrate the problem of torture as it has, in fact, been adequately exposed by the enormous amounts of written records now available. Added to the reports based on complaints of persons published by human rights organisations, there is also a body of information available by petitions to and judgements of the Supreme Court. The Human Rights Commission of Sri Lanka also has adequate information on this matter.
The question that needs to be resolved in the days to come is how to stop the police from practicing torture. Mere legislative measures cannot achieve this. Already the Convention against Torture and Cruel and Inhuman Treatment or Punishment Act, (The CAT Act) Act No 22 of 1994 exists and the prescribed punishment is rigorous imprisonment for not less than seven years and a fine of Rs. 10,000/=. To-date in four cases successfully prosecuted under this act five officers have been sentenced to seven year terms; they are IP Karthi Bandara Edrisinghe of the Kirulapana Police Station, M.J. Thilakaratne the OIC of the Wellawatta Police Station, IP Selvin Selah and Constable Warnakusuriya of the Narahenpitiya Police Station and Sergeant Major N. Wimal Chandrasiri of the Panadura Police Station. However, these random convictions have not made any impact on the endemic practice of torture at police stations.
The problem is one of consistent enforcement of the CAT Act, police discipline under the Departmental Orders and unambiguous instructions from the commanding officers. However, for this to happen there are a few other obstacles to overcome.
The most frequent cause of torture is the abuse of power by the police in order to make money by abusing the powers of arrest and detention. The actual use of torture and the potential for the use of torture, as perceived by the people, has created a lucrative business. The beneficiaries are not just those who actually use torture but those who directly or indirectly instigate torture, beginning with the officers of the rank of inspector up to the hierarchy. Among the most direct culprits are the Officers-in-Charge of police stations and their immediate local superiors, such as ASPs and SPs. The Inspector General of Police and his deputies are responsible for the practice of the abuse of police powers and the use of these powers for corrupt money making due to their failures to exercise command responsibility.
However, the higher command of the police uses the excuse that the police system is politicised, meaning that powerful politicians of the ruling regime, both at the national and local levels are virtually giving the orders, ignoring the role of the top ranking officers. This excuse also implies that the higher officers have no capacity to resist such practices as those who are more powerful than they are involved. This excuse is now made even more plausible due to the failure to continue with the National Police Commission in compliance with the 17th Amendment to the Constitution.
Throughout the country outrage is expressed in all parts by citizens who find that the police do not investigate their complaints. In a recent incident from Alpitiya, Divithurugama two young village girls were abducted and molested by some persons. The family and the villagers went to make a report and they were told by the officers of the local police station to catch the culprits and bring them to the police station. In an interview aired in a TV broadcast the villagers simply asked, what are the police for? That is the question that is being asked throughout the country over and over again.
The allegation that criminals are protected and the victims of crime are being punished is a common one. In the case of the journalist, Poddala Jayantha, who was severely injured after an abduction followed by assault, the police filed a report against the journalists who informed them of the incident. Though this incident received public attention there are literally thousands of cases around the country where innocent people are made the accused in cases and the actual criminals are not pursued at all.
Besides, the actual criminals are quite at liberty to kill or otherwise harm witnesses. The killings of Gerard Perera and Sugath Nishanta Fernando are just two incidents which represent many more incidents which are normally not brought to the notice of the public. However, the Human Rights Commission of Sri Lanka and the human rights organisations constantly receive complaints about such incidents.
While this refers to normal civilian matters, allegations of torture associated with the military and anti terrorism organisations are not investigated at all. There is almost an openly admitted policy that on matters of security, torture or even extrajudicial killings are permitted. Perhaps for a considerable time to come that policy line will remain unaltered.
However, there are very crucial problems about the very survival of the rule of law while the policing system frequently uses torture for the purpose of illegal gain by utilising the powers of arrest and detention. For the citizen this creates a nightmare and for an individual or a family, whatever the social status of this family might be it creates an unacceptable situation from which there is no escape. The possibility of becoming a victim of abuse of power by the police is today a very real threat.
Effective implementation of law for the eradication for the practice of torture by the police is now a basic political question. If the government wants to stop torture it could do so within a very short period of time by giving clear instructions to the top ranks of the police to enforce the CAT Act and police discipline strictly. The continuance of torture is therefore a result of a political policy that allows bad policing. It is up to the government as well as the opposition political parties to judge whether the present policy of keeping a bad policing system is to the advantage of the nation. If the answer is negative then the solution to ending a bad policing system is quite readily available and this is to enforce the CAT Act and the Departmental Orders of the police with simple education of the police hierarchy and the rank and file.
Sri Lanka: Elimination Of Torture Is A Precondition For Developing Civilised Policing System
From 1971 until the defeat of the LTTE there has been a continuous period of violence where both rebel groups and the state engaged in an attempt to outdo each other in brutality. One of the consequences of this period was the virtual destruction of the system of civilian policing. Now, with the end of this period the nation is faced with the serious problem of recreating a system of civilian policing which could serve the needs of the community.
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The World's Healthiest Wines
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The most difficult question to deal with in creating a civilian police which will meet the criterion of civilised policing is how to eliminate the endemic practice of torture that has become a part of routine policing in Sri Lanka. The purpose of this statement is not to illustrate the problem of torture as it has, in fact, been adequately exposed by the enormous amounts of written records now available. Added to the reports based on complaints of persons published by human rights organisations, there is also a body of information available by petitions to and judgements of the Supreme Court. The Human Rights Commission of Sri Lanka also has adequate information on this matter.
The question that needs to be resolved in the days to come is how to stop the police from practicing torture. Mere legislative measures cannot achieve this. Already the Convention against Torture and Cruel and Inhuman Treatment or Punishment Act, (The CAT Act) Act No 22 of 1994 exists and the prescribed punishment is rigorous imprisonment for not less than seven years and a fine of Rs. 10,000/=. To-date in four cases successfully prosecuted under this act five officers have been sentenced to seven year terms; they are IP Karthi Bandara Edrisinghe of the Kirulapana Police Station, M.J. Thilakaratne the OIC of the Wellawatta Police Station, IP Selvin Selah and Constable Warnakusuriya of the Narahenpitiya Police Station and Sergeant Major N. Wimal Chandrasiri of the Panadura Police Station. However, these random convictions have not made any impact on the endemic practice of torture at police stations.
The problem is one of consistent enforcement of the CAT Act, police discipline under the Departmental Orders and unambiguous instructions from the commanding officers. However, for this to happen there are a few other obstacles to overcome.
The most frequent cause of torture is the abuse of power by the police in order to make money by abusing the powers of arrest and detention. The actual use of torture and the potential for the use of torture, as perceived by the people, has created a lucrative business. The beneficiaries are not just those who actually use torture but those who directly or indirectly instigate torture, beginning with the officers of the rank of inspector up to the hierarchy. Among the most direct culprits are the Officers-in-Charge of police stations and their immediate local superiors, such as ASPs and SPs. The Inspector General of Police and his deputies are responsible for the practice of the abuse of police powers and the use of these powers for corrupt money making due to their failures to exercise command responsibility.
However, the higher command of the police uses the excuse that the police system is politicised, meaning that powerful politicians of the ruling regime, both at the national and local levels are virtually giving the orders, ignoring the role of the top ranking officers. This excuse also implies that the higher officers have no capacity to resist such practices as those who are more powerful than they are involved. This excuse is now made even more plausible due to the failure to continue with the National Police Commission in compliance with the 17th Amendment to the Constitution.
Throughout the country outrage is expressed in all parts by citizens who find that the police do not investigate their complaints. In a recent incident from Alpitiya, Divithurugama two young village girls were abducted and molested by some persons. The family and the villagers went to make a report and they were told by the officers of the local police station to catch the culprits and bring them to the police station. In an interview aired in a TV broadcast the villagers simply asked, what are the police for? That is the question that is being asked throughout the country over and over again.
The allegation that criminals are protected and the victims of crime are being punished is a common one. In the case of the journalist, Poddala Jayantha, who was severely injured after an abduction followed by assault, the police filed a report against the journalists who informed them of the incident. Though this incident received public attention there are literally thousands of cases around the country where innocent people are made the accused in cases and the actual criminals are not pursued at all.
Besides, the actual criminals are quite at liberty to kill or otherwise harm witnesses. The killings of Gerard Perera and Sugath Nishanta Fernando are just two incidents which represent many more incidents which are normally not brought to the notice of the public. However, the Human Rights Commission of Sri Lanka and the human rights organisations constantly receive complaints about such incidents.
While this refers to normal civilian matters, allegations of torture associated with the military and anti terrorism organisations are not investigated at all. There is almost an openly admitted policy that on matters of security, torture or even extrajudicial killings are permitted. Perhaps for a considerable time to come that policy line will remain unaltered.
However, there are very crucial problems about the very survival of the rule of law while the policing system frequently uses torture for the purpose of illegal gain by utilising the powers of arrest and detention. For the citizen this creates a nightmare and for an individual or a family, whatever the social status of this family might be it creates an unacceptable situation from which there is no escape. The possibility of becoming a victim of abuse of power by the police is today a very real threat.
Effective implementation of law for the eradication for the practice of torture by the police is now a basic political question. If the government wants to stop torture it could do so within a very short period of time by giving clear instructions to the top ranks of the police to enforce the CAT Act and police discipline strictly. The continuance of torture is therefore a result of a political policy that allows bad policing. It is up to the government as well as the opposition political parties to judge whether the present policy of keeping a bad policing system is to the advantage of the nation. If the answer is negative then the solution to ending a bad policing system is quite readily available and this is to enforce the CAT Act and the Departmental Orders of the police with simple education of the police hierarchy and the rank and file.
Tuesday, June 23, 2009
UN Security Council urged to turn talk into action to protect civilians in armed conflict
Security Council should turn its talk into an effective response to civilian suffering, says Steve Crawshaw, UN advocacy director of Human Rights Watch at New York, on Monday.
"It's not enough for the Security Council to say something should be done about the appalling damage wars cause to civilians across the world. The council needs to do something about it."
The United Nations Security Council should make sure that its existing commitments to protect civilians during armed conflict are actually carried out, Human Rights Watch said Monday in a letter to council member states.
On June 26, 2009, the Security Council will hold a debate to discuss its work on civilian protection, in which all UN members can participate. The Security Council has made numerous commitments to protect civilians in armed conflict, especially women and children, but often has failed to follow through and engage effectively, or sometimes at all, Human Rights Watch said. As a result, its efforts to end civilian suffering during armed conflict have been grossly inadequate.
"It's not enough for the Security Council to say something should be done about the appalling damage wars cause to civilians across the world," said Steve Crawshaw, UN advocacy director at Human Rights Watch. "The council needs to do something about it."
In its letter, Human Rights Watch identified the Democratic Republic of Congo, Sudan, Chad, and Sri Lanka as examples of nations in which the Security Council has failed to take meaningful action to address and prevent civilian suffering during armed conflict. Persistent problems needing attention in those countries include: sexual violence, lack of justice and accountability for abuses, continuing violence toward internally displaced people and refugees, and violations of international humanitarian law.
The Security Council's ability to develop coherent strategies to protect civilians often suffers from a lack of information, Human Rights Watch said. To resolve the problem, the council should: ensure that the reporting requirements contained in Security Council Resolution 1820 on sexual violence and armed conflict (2008) are honored by UN field missions; require that human rights reporting by the office of the High Commissioner for Human Rights and other UN agencies is made public; and regularly invite the High Commissioner for Human Rights to brief the council with information from the ground.
Political considerations have also been a problem, leading council members to ignore civilian protection at times instead of making them a priority, Human Rights Watch said.
"The Security Council has set up this debate about the issue," Crawshaw said. "Now it should take the next step and make it a priority to remedy existing gaps in civilian protection."
"It's not enough for the Security Council to say something should be done about the appalling damage wars cause to civilians across the world. The council needs to do something about it."
The United Nations Security Council should make sure that its existing commitments to protect civilians during armed conflict are actually carried out, Human Rights Watch said Monday in a letter to council member states.
On June 26, 2009, the Security Council will hold a debate to discuss its work on civilian protection, in which all UN members can participate. The Security Council has made numerous commitments to protect civilians in armed conflict, especially women and children, but often has failed to follow through and engage effectively, or sometimes at all, Human Rights Watch said. As a result, its efforts to end civilian suffering during armed conflict have been grossly inadequate.
"It's not enough for the Security Council to say something should be done about the appalling damage wars cause to civilians across the world," said Steve Crawshaw, UN advocacy director at Human Rights Watch. "The council needs to do something about it."
In its letter, Human Rights Watch identified the Democratic Republic of Congo, Sudan, Chad, and Sri Lanka as examples of nations in which the Security Council has failed to take meaningful action to address and prevent civilian suffering during armed conflict. Persistent problems needing attention in those countries include: sexual violence, lack of justice and accountability for abuses, continuing violence toward internally displaced people and refugees, and violations of international humanitarian law.
The Security Council's ability to develop coherent strategies to protect civilians often suffers from a lack of information, Human Rights Watch said. To resolve the problem, the council should: ensure that the reporting requirements contained in Security Council Resolution 1820 on sexual violence and armed conflict (2008) are honored by UN field missions; require that human rights reporting by the office of the High Commissioner for Human Rights and other UN agencies is made public; and regularly invite the High Commissioner for Human Rights to brief the council with information from the ground.
Political considerations have also been a problem, leading council members to ignore civilian protection at times instead of making them a priority, Human Rights Watch said.
"The Security Council has set up this debate about the issue," Crawshaw said. "Now it should take the next step and make it a priority to remedy existing gaps in civilian protection."
European Commission provides €5 million for humanitarian assistance to displaced
The European Commission has allocated €5 million to provide life-saving humanitarian assistance to internally displaced people, mostly ethnic Tamils, placed in camps in Sri Lanka. According to a press release today, all funds are channelled through the Commission’s Humanitarian Aid department (ECHO), under the responsibility of Commissioner Louis Michel. The projects are to be implemented by non-governmental relief organisations and specialised UN agencies.
Louis Michel, European Commissioner for Development and Humanitarian Aid, said: "Europe cares deeply about the welfare of Sri Lanka and its citizens and we have always stood ready to help. After the tsunami in 2004 the European Commission provided €42 million in humanitarian aid to those most affected. In the current humanitarian crisis with more than 280,000 people displaced from their homes and living in very difficult conditions in camps, we are demonstrating our willingness to complement the efforts of the Sri Lankan authorities in meeting the enormous humanitarian challenge. However, in order to properly implement assistance, European Commission relief experts and international aid agencies must have regular and consistent access to the displaced."
The Commission’s humanitarian support covers water and sanitation, health and nutrition and non-food relief items ranging from clothes, hygiene kits and mosquito nets to infant kits.
Since 2007, the Commission has given a total of €42 million in aid for the victims of humanitarian crises in Sri Lanka, including today's allocation.
The press release further said that ECHO has a support office in Sri Lanka's capital, Colombo. It closely follows developments in the humanitarian situation and monitors the use of the Commission's relief funds.
Louis Michel, European Commissioner for Development and Humanitarian Aid, said: "Europe cares deeply about the welfare of Sri Lanka and its citizens and we have always stood ready to help. After the tsunami in 2004 the European Commission provided €42 million in humanitarian aid to those most affected. In the current humanitarian crisis with more than 280,000 people displaced from their homes and living in very difficult conditions in camps, we are demonstrating our willingness to complement the efforts of the Sri Lankan authorities in meeting the enormous humanitarian challenge. However, in order to properly implement assistance, European Commission relief experts and international aid agencies must have regular and consistent access to the displaced."
The Commission’s humanitarian support covers water and sanitation, health and nutrition and non-food relief items ranging from clothes, hygiene kits and mosquito nets to infant kits.
Since 2007, the Commission has given a total of €42 million in aid for the victims of humanitarian crises in Sri Lanka, including today's allocation.
The press release further said that ECHO has a support office in Sri Lanka's capital, Colombo. It closely follows developments in the humanitarian situation and monitors the use of the Commission's relief funds.
Signs of dictatorship further endorsed – Now hunt for Sri Lankans living abroad
The government of Sri Lanka hell-bent on creating a dictatorial monarchy by unconstitutional means in the island has now launched a campaign to brand Sri Lankans who dissent the dogma of the regime and living abroad as “traitors” and severely punish them. A news release from the Ministry of Foreign Affairs states “members of the Sri Lankan expatriate community who are engaged in activities detrimental to the sovereignty and dignity of the country would be severely dealt with, said Foreign Minister Rohitha Bogollagama”.
It further said that the government is seeking assistance of INTERPOL to get these Sri Lankans extradited from the countries they live in at the moment. Minister apparently was speaking at a ceremony held to felicitate the defense forces. This is a further endorsement of the dictatorial approach of the Sri Lankan government.
It is common knowledge that dozens of journalists from this Paradise Island were compelled to leave to safer countries due to death threats supposedly have been issued by ‘powers that be’ and physical attacks meted out on them. Now the government wants to silence the voices of some of these journalists who are working in exile by threatening them.
It is interesting to note that the government is not only suppressing the media freedom in Sri Lanka but making attempts to take the media suppression overseas through INTERPOL. (Lankanews)
It further said that the government is seeking assistance of INTERPOL to get these Sri Lankans extradited from the countries they live in at the moment. Minister apparently was speaking at a ceremony held to felicitate the defense forces. This is a further endorsement of the dictatorial approach of the Sri Lankan government.
It is common knowledge that dozens of journalists from this Paradise Island were compelled to leave to safer countries due to death threats supposedly have been issued by ‘powers that be’ and physical attacks meted out on them. Now the government wants to silence the voices of some of these journalists who are working in exile by threatening them.
It is interesting to note that the government is not only suppressing the media freedom in Sri Lanka but making attempts to take the media suppression overseas through INTERPOL. (Lankanews)
Tamil issue a big problem for Sri Lanka
COLOMBO, Sri Lanka, June 23 (UPI) -- The Sri Lankan military's victory ending the 26-year Tamil Tiger rebellion is only weeks old, but already the euphoria is giving way to rising international concerns about what awaits the country's Tamil-speaking minority in the future.
The plight of the minority in the predominantly Buddhist country of about 21 million is reflected in the humanitarian crisis of the about 300,000 Tamil civilians now housed in poorly supplied, military-run shelters after being driven from their homes by the war in which several thousands died.
The current Sri Lankan government of President Mahinda Rajapaksa is firm that these internally displaced persons would be resettled in six months, but outsiders disagree.
The government, already facing calls for a probe into alleged human-rights abuses in the final stages of the war, is coming under increasing pressure to address the plight of the IDPs, many reported to be living in deplorable conditions in the shelters.
Many of the Tamils were originally brought to the island nation from India by colonial British in the past two centuries to work as laborers on tea and coffee plantations. Their assimilation has been problematic ever since and became worse after Sri Lanka gained independence in 1948.
The resources of Sri Lanka, a poor country even in peace times, are stretched thin as a result of the prolonged civil war. International aid agencies also face problems in the current global financial crisis as they must deal with similar monumental refugee problems from Darfur to Pakistan.
Sri Lanka is receiving more attention as it celebrates its victory even as questions arise whether it can win the peace.
In a report this month, the Human Rights Group in New York said for more than a year, the Sri Lankan government has detained virtually everyone displaced by the fighting in military-run camps in violation of international law.
It said the Sri Lankan government should end the "illegal detention of nearly 300,000 ethnic Tamils" and warned that past government practice and absence of any concrete plans for their release raise serious concerns about indefinite confinement.
There is still no firm figure of the number of civilians killed during the final assault on the Tiger rebels, but estimates have ranged as high as tens of thousands.
The beleaguered Sri Lankan government has given greater access to the shelter camps for aid agencies, but the agencies say it is still not enough. The government says unrestricted access is not possible until it has determined the IDPs have no links to Tiger rebels or that no rebels are hiding among them.
One U.N. Official, quoting senior Sri Lankan military officials, has been quoted as saying he fears many of the displaced Tamils may still be in these camps a year from now despite government promises. A BBC report said the United Nations is concerned the shelters appear to be of a permanent nature, as efforts were under way to set up phone lines, schools and banks.
The Sri Lankan military may claim to have decimated the Tamil Tigers' leadership. However, in a recent article on TamilNet.com, a Web site the Tigers frequently use, the rebels' remnants said they have formed a "transnational government" to strengthen their Tamil diaspora and to "achieve the goal of independence and sovereignty … in the home country and to meet the international challenges internationally."
The article's message to fellow Tamils was the "contemporary world system including its apex body the United Nations, have shown least regards for the life, safety, dignity and human rights of Eelam Tamils."
The concern among some Sri Lankans is that their country in its current vulnerable situation might be exploited by outside powers.
The plea in some Sri Lankan media is that the Tamils and their Sinhalese counterparts now have a chance to meet free from fear of terrorism to achieve racial amity and national integration.
That would involve, among other things, the government allowing as much self-government as possible to the Tamils.
But before that happens, the civilian refugees must be resettled.
"Any long delay in resettling these war-ravaged Tamil people will further alienate them," Sri Lankan analyst D.B.S. Jeyaraj told the BBC, adding the future depends on how the Rajapaksa government reaches out to win the hearts and minds of the Tamil people.
The plight of the minority in the predominantly Buddhist country of about 21 million is reflected in the humanitarian crisis of the about 300,000 Tamil civilians now housed in poorly supplied, military-run shelters after being driven from their homes by the war in which several thousands died.
The current Sri Lankan government of President Mahinda Rajapaksa is firm that these internally displaced persons would be resettled in six months, but outsiders disagree.
The government, already facing calls for a probe into alleged human-rights abuses in the final stages of the war, is coming under increasing pressure to address the plight of the IDPs, many reported to be living in deplorable conditions in the shelters.
Many of the Tamils were originally brought to the island nation from India by colonial British in the past two centuries to work as laborers on tea and coffee plantations. Their assimilation has been problematic ever since and became worse after Sri Lanka gained independence in 1948.
The resources of Sri Lanka, a poor country even in peace times, are stretched thin as a result of the prolonged civil war. International aid agencies also face problems in the current global financial crisis as they must deal with similar monumental refugee problems from Darfur to Pakistan.
Sri Lanka is receiving more attention as it celebrates its victory even as questions arise whether it can win the peace.
In a report this month, the Human Rights Group in New York said for more than a year, the Sri Lankan government has detained virtually everyone displaced by the fighting in military-run camps in violation of international law.
It said the Sri Lankan government should end the "illegal detention of nearly 300,000 ethnic Tamils" and warned that past government practice and absence of any concrete plans for their release raise serious concerns about indefinite confinement.
There is still no firm figure of the number of civilians killed during the final assault on the Tiger rebels, but estimates have ranged as high as tens of thousands.
The beleaguered Sri Lankan government has given greater access to the shelter camps for aid agencies, but the agencies say it is still not enough. The government says unrestricted access is not possible until it has determined the IDPs have no links to Tiger rebels or that no rebels are hiding among them.
One U.N. Official, quoting senior Sri Lankan military officials, has been quoted as saying he fears many of the displaced Tamils may still be in these camps a year from now despite government promises. A BBC report said the United Nations is concerned the shelters appear to be of a permanent nature, as efforts were under way to set up phone lines, schools and banks.
The Sri Lankan military may claim to have decimated the Tamil Tigers' leadership. However, in a recent article on TamilNet.com, a Web site the Tigers frequently use, the rebels' remnants said they have formed a "transnational government" to strengthen their Tamil diaspora and to "achieve the goal of independence and sovereignty … in the home country and to meet the international challenges internationally."
The article's message to fellow Tamils was the "contemporary world system including its apex body the United Nations, have shown least regards for the life, safety, dignity and human rights of Eelam Tamils."
The concern among some Sri Lankans is that their country in its current vulnerable situation might be exploited by outside powers.
The plea in some Sri Lankan media is that the Tamils and their Sinhalese counterparts now have a chance to meet free from fear of terrorism to achieve racial amity and national integration.
That would involve, among other things, the government allowing as much self-government as possible to the Tamils.
But before that happens, the civilian refugees must be resettled.
"Any long delay in resettling these war-ravaged Tamil people will further alienate them," Sri Lankan analyst D.B.S. Jeyaraj told the BBC, adding the future depends on how the Rajapaksa government reaches out to win the hearts and minds of the Tamil people.
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