Inquiry urged into Sri Lankan rights violations

By Mary Fitzgerald | Irish Times
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Human rights violations committed during the Sri Lanka conflict must be subject to an independent, international investigation, former UN assistant secretary general Denis Halliday said last night (07).

“Sri Lanka has been forgotten, despite the staggering violations of human rights, the war crimes and the crimes against humanity that took place there,” he said. “All this has been ignored.”

Mr Halliday was speaking following the second of two public meetings in Dublin at which he presented new evidence of alleged war crimes and human rights abuses in the south Asian state.

Video footage showing extra-judicial killings, the desecration of corpses and the bombing of hospitals was screened at last night’s event at Trinity College. Also in attendance was Mary Lawlor, director of human rights group Front Line.

Mr Halliday and Ms Lawlor served as members of the Permanent Peoples Tribunal on Sri Lanka which met in Dublin in January. The tribunal is a body of academics, jurists and campaigners who have investigated allegations of human rights violations in several countries including Vietnam and Guatemala.

The tribunal on Sri Lanka heard from more than 20 witnesses and received hundreds of written affidavits from people directly affected by the conflict.

It found the Sri Lankan government guilty of war crimes and crimes against humanity. The tribunal also declared that the UK and the US shared responsibility for the breakdown of the 2002 peace process between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE).

The two meetings were organised by the Irish School of Ecumenics at Trinity College and the School of Law and Governance at Dublin City University along with the Irish Forum for Peace in Sri Lanka.

Sri Lanka’s parliament yesterday revoked the seat of Gen Sarath Fonseka, who led the army against the Tamil Tigers but was later jailed after being found guilty of misappropriating funds.

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Sri Lanka Army stops volunteer teachers’ demonstration in Ki’linochchi

Tamil Net
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Sri Lanka Army (SLA) soldiers in Ki’linochchi did not allow more than 300 volunteer teachers of Vanni to stage their token protest demonstration in front of Ki’linochchi Education office Wednesday demanding Sri Lanka government to appoint them permanently in their posts. The volunteer teachers have been serving the schools in the districts of Ki’linochchi and Mullaiththeevu without salary for the last ten years and even during the war on Vanni, sources in Ki’linochchi said. SLA said that no demonstration will be allowed in public places. The demonstrators who then went into the Education Office held a brief meeting before handing their appeal to the Education officials.

Sri Lanka government which had been appointing the volunteer teachers in all parts of the country permanent in a systematic procedure had completely ignored the volunteer teachers in Vanni saying that Vanni was not in their control.

The protesting volunteer teachers said in their appeal that they should be given permanent appointments or be appointed as Assistant Teachers with salary.

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Buddhist monks seek release of jailed ex-army chief in Sri Lanka

Deutsche Presse-Agentur | Earth Times
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Hundreds of Buddhist monks held a prayer meeting in Sri Lanka Thursday to call for the release of the country's ex-army chief who was jailed last week.

An estimated 1,000 monks plus members of the public held a prayers in Kandy, 117 kilometres from the capital, and offered flowers at a Buddhist temple for the release of Sarath Fonseka.

"We are holding a pooja (ceremonial offering) so that the former army chief who saved the country from terrorism is released from custody," Ven Maduluwawe Sobitha, who led the meeting, said.

Fonseka was jailed for 30 months after he was found guilty by a court martial of favouring his son-in-law in military tenders. He was also found guilty in August by another court martial of engaging in politics while serving in the army and was dishonourably discharged.

Fonseka fell out with President Mahinda Rajapaksa after the defeat of the Tamil rebels in 2009. He ran against Rajapaksa in the presidential elections in January but lost. He was elected to parliament in April.

The parliament informed the courts on Thursday that Fonseka had lost his parliamentary seat following his conviction.

"We have been informed that in view of the conviction Mr Fonseka has been unseated and therefore the next member eligible should be appointed," a spokesman for the Commissioner of Elections Department said.

Fonseka's party, the Democratic National Alliance, said it would challenge the decision to expel him from parliament in the courts.

The ex-army chief faces three more cases in the civilian courts.

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Sri Lanka's jailed ex-army boss loses parliament seat

By Ranga Sirilal | Reuters
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Sri Lanka's parliament on Thursday revoked the parliamentary seat of former General Sarath Fonseka, who ran unsuccessfully against President Mahinda Rajapaksa and was jailed after being found guilty of misappropriating funds.

Fonseka last week was sentenced to 30 months' hard labour by a second court-martial, after a first ruled he be stripped of his rank and pension for conducting politics in uniform.

It marks yet another low moment for the career soldier, who was glorified alongside the president after leading the army to victory over the Tamil Tiger separatists, ending 25 years of civil war, in May 2009.

Fonseka later fell out with Rajapaksa, blaming the president for falsely accusing him of plotting a coup, and he soon quit the army to run against his former commander-in-chief.

"Parliamentarian Sarath Fonseka's seat fell vacant under... the constitution and we requested the elections commissioner to fill the vacancy," Dhammika Dassanayake, parliament's acting-secretary general, told reporters.

Fonseka's party, the Democratic National Alliance (DNA), vowed to challenge the move, arguing that the constitutional provision for removing a member of parliament convicted of a civilian criminal offence does not apply to a military verdict.

"We will take legal action against this," said Vijiith Herath, a legislator and DNA spokesman.

The general still faces two civilian criminal cases.

Fonseka won his parliamentary seat after losing to the veteran politician Rajapaksa in the January presidential poll.

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18th Amendment: Making a mockery of democracy in Sri Lanka

By Gulbin Sultana | The Institute for Defence Studies and Analyses
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Sri Lanka’s Parliament passed the controversial 18th Amendment Bill on September 8, 2010, with 161 Members of Parliament voting for and 17 against the bill. It is basically an amendment of the 17th Amendment, which the current government considered as “ineffective and impractical.”1 The highlights of the changes brought about by this amendment are:

1. The President can seek re-election any number of times;

2. The ten-member Constitutional Council has been replaced with a five-member Parliamentary Council;

3. Independent commissions are brought under the authority of the President; and,

4. It enables the President to attend Parliament once in three months and entitles him to all the privileges, immunities and powers of a Member of Parliament other than the entitlement to vote. In short, it is all about arming the President with absolute power.

It was hoped that after winning the secessionist war with the Tamil militants, which troubled the island nation for 26 years, the government would accord top priority to finding a political solution to the ethnic issue. But the government had other things in mind. The Cabinet of Ministers chose to certify the proposed 18th Amendment Bill as urgent and approved it on August 30, 2010. The Supreme Court, to which the bill was referred as per the constitutional requirement, came out with its views on September 7, that the amendment was consistent with the provisions of the Constitution and did not require a referendum. The bill was then debated and enacted by Parliament the following day (September 8). The bill was thus put on fast track and enacted within 10 days without offering the Sri Lankan public any chance to air their views.

Provinces were totally sidelined during the process. According to the Standing Order 46 (A) the Provincial Councils should have been consulted on any Bill that provided for matters affecting their affairs.2 Provincial Police and Public Service Commission, which has been made defunct under the 18th amendment, did affect the provinces and thus, ideally, the bill should have received the approval from the Provincial Councils.

The government argued that the amendment was essential to strengthen and enlarge the democratic and sovereign rights of the people. In reality, however, the amendment has concentrated all powers in one individual – the president. It has removed the restrictions on two terms for an elected President, who now also has the power to call for a Presidential election after four years of his second term. Earlier, under Article 17A, the President was obliged to obtain the recommendation of the Constitutional Council for appointments to the independent commissions. According to Minister of Finance Basil Rajapaksa, such a council was “riddled with flaws, which led to a gridlock”3 and affected the appointment of members to the independent commissions. Therefore, the 18th Amendment was needed to replace the Constitutional Council with a Parliamentary Council, which now consists of the Prime Minister, the Speaker, Leader of the Opposition Party and two Members of Parliament to be nominated by the Prime Minister and Leader of the Opposition. In case they fail to name their respective nominees within the stipulated time of one week after the amendment became effective, the Speaker has the power to appoint the two members to the Parliamentary Council.

Under the present Amendment, the President has the power to appoint the Chairman and members of the Election Commission, Public Service Commission, National Police Commission, Human Rights Commission, Permanent Commission to Investigate Allegations of Bribery and Corruption, Finance Commission, Delimitation Commission, Chief Justice and Judges of the Supreme Court, the President and Judges of the Court of Appeal, Members of the Judicial Service Commission, Attorney General, Auditor General, Ombudsman and Secretary General of Parliament.

The President shall seek the observation of the Parliament Council while making the appointments, who in turn have to convey their observations within a week of such communication. Failing that, the President can go ahead with the appointments. He/she is not bound by the observations of the council. He/she also has the power to remove members of the Independent Commissions. Moreover, he/she can remove the two nominated members appointed by the Prime Minister and the leader of the Opposition from the Council. Already, Mahinda Rajapaksa’s relatives are holding all the important positions in Sri Lanka.4 Analysts in Sri Lanka believe that this appointment may ensure that more relatives will be given plum appointments in the independent commissions and the judiciary.

It is interesting to note that during the election campaign Rajapaksa talked about the abolition of the Executive Presidency, but soon after his win he has made the post stronger than ever. Actually, he has realised that the time is opportune for him to acquire greater powers through necessary revisions in the constitution. His popularity, following the success in the Eelam War IV, is at its zenith. His party dominates the parliament. The major opposition party, the UNP, is going through an internal crisis. With all his relatives in major positions, he can easily sideline the opposition. It seems he is in a desperate hurry to grab this opportunity to install himself as the permanent ruler of Sri Lanka. That is why the bill was projected as a bill of “national urgency” though he has had more urgent national issues to solve.

Beyond doubt, the amendment has made the president all powerful without any sound mechanism of checks and balances, which is absolutely necessary for a responsive democracy. The 17th Amendment had, to some extent, provided for limited checks and balances, but it was never implemented. The 18th amendment has removed them completely. It gives the President full control over the executive, legislature and judiciary. It is the first amendment to the current constitution under Rajapaksa since November 2005. The easy passage of the bill must have given him the confidence to initiate other such amendments. He is now reportedly planning to amend the Local Government Elections Ordinance, Municipal Councils Ordinance, Urban Council Ordinance and the Pradeshiya Sabha Act.

In short, Sri Lanka seems to be headed towards nepotism and dictatorship which will certainly have disastrous consequences. And such a change seems inexorable. So far, except for the US, no external power has reacted to the amendment. The Rajapaksa government has rebuffed US remarks and declared that this is an internal Sri Lankan affair. If Sri Lanka under Rajapaksa could carry on its war against the LTTE in spite of international concerns about human rights violations, it is unlikely that it would pay any heed to such reactions from the outside after its victory.

The Sri Lankan opposition, led by the United National Party (UNP), which could have done something, has allowed itself to be turned into a helpless spectator. It did oppose the bill and conduct protest demonstration outside the parliament. But it failed to engage in detailed discussions about the bill and boycotted the debate on the bill in the parliament. This irresponsible act drew sharp criticism in some sections in Sri Lanka who have charged the UNP of indirectly supporting the Government.5 However, given the triumphant mood of the Rajapaksas, any opposition is unlikely to have had any impact.

For example, the Tamil National Alliance (TNA), Democratic National Alliance (DNA) and Janatha Vimukthi Peramuna (JVP) participated in the debate and vehemently criticised the bill. It was a fact that they did not have enough numbers with them. Moreover, six UNP dissidents and eight SLMC members voted with the government. Had these 14 MPs cooperated with the UNP, TNA, DNA and JVP, the 18th amendment could have been defeated in the parliament. The Civil Rights Movement, the Organisation of Professional associations and the Bar Association of Sri Lanka opposed the bill. TNA MP M.A. Sumanitharan commented that the 18th Amendment is the final nail in the coffin of democracy in Sri Lanka.6

In this context, a Sri Lankan observer rightly avers that there are two potential pathways ahead for post-war Sri Lanka. One is the path of “pacifism, resolute adherence to democracy-cum-rule of law, and industriousness of the kind pursued by Germany and Japan which made them economic powerhouses in the world within a short span;” and the other is the path of post-Khmer Rouge Cambodia which is “dogged by democratic deficit, corruption, nepotism and low-intensity authoritarianism, and thereby continues to be one of the poorest countries in the world.”7 Mahinda Rajapaksa seems to be following Cambodia’s example.

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1. By the 18th Amendment Act, Articles 31, 32, 54, 55, 71F, 65, 91, 103, 104B, 107, 109, 111D, 111E, 153, 154, 154R, 155A, 155G, 155K, 156 of the Constitution were amended and Chapter VIIA (Art. 41A to 41H), 155H, 155J, 155L, 155M were repealed. Three new articles 41A, 155FF and 155FFF were inserted. For more details see the Full Text of (Proposed) “An Act to Amend the Constitution of the Democratic Socialist Republic of Sri Lanka,” L.D.O 19/2010 at http://www.thesundayleader.lk/wp-content/uploads/2010/09/Proposed-18th-A....

2. Daily Mirror, September 8, 2010, at http://www.dailymirror.lk/print/index.php/news/front-page-news/20891-pcs-have-to-ratify-18th-amendment-sumanthiran-.html.

3. Daily Mirror, September 9, 2010, at http://www.dailymirror.lk/print/index.php/news/front-page-news/20995-161-in-favour-and-17-against-.html.

4. See the “Family Tree” of Mahinda Rajapaksa in Post War Sri Lanka: Democratic Rights Under Pressure, Report Prepared by Sanchal Foundation in Collaboration with South Asia Forum for Human Rights, September 2010.

5. “United National Party (UNP) dissidents Lakshman Seneviratne and Earl Gunasekara said the absence of the United National Party (UNP) amounted to indirectly supporting the government to enact this legislation,” Daily Mirror, September 9, 2010, at http://www.dailymirror.lk/print/index.php/news/front-page-news/20995-161-in-favour-and-17-against-.html.

6. See M.A. Sumanitharan’s Speech during Parliamentary Debate on 18th Amendment Bill on September 8, 2010, Hansard: 193, at http://www.groundviews.org/2010/09/20/hansard-on-18th-amendment-debate-8-september-2010/.

7. Muttukrishna Sarvananthan (2010), “Economic Freedom: The Path to Economic Cum Political Emancipation of the Conflict Region in Sri Lanka” in Raghavan, V R (ed.), From Winning the War to Winning Peace: Post War Rebuilding of the Society in Sri Lanka, Chennai: Centre for Security Analysis: 26-27.

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