Move to use PTA and Penal Code to restrict freedom of expression: NPP

While denouncing the use of Prevention of Terrorism Act (PTA) and the section 120 of the penal code to restrict the right to freedom of expression, National Peoples’ Power (NPP) today urged the government to uphold democratic values, ensure fundamental rights of the people and to follow rule of law by ensuring national security in the country.

NPP said in a statement that they have observed a tendency of using the PTA,section 120 of the penal code and provisions of the ICCPR Act as tools to restrict the fundamental rights, the right to justice in law, equality and the right to equality before the law.

“We strongly condemn the use of law enforcement authorities to restrict the freedom of speech and expression ensured by the Constitution.We condemn and reject the attack on journalist Chamuditha Samarawickrame’s residence and the arrest of social activist Shehan Malaka,” the NPP said.

The NPP said they were perturbed by the attack on journalist Chamuditha’s residence which was located in a secured place with CCTV cameras and added that they believed that any gang without political blessing would not have resorted to such an attack.

The NPP said the attack on Chamuditha’s residence gives a warning that an armed force with similar powers to the government armed forces was raising its head beyond the control of the police and law enforcement agencies.

Posted in Uncategorized

Sabotage at Jaffna Hospital? Brand new scanner damaged again

Staff at the Jaffna Teaching Hospital said that damage found to a brand new C-arm scanner at the hospital may have been deliberate sabotage, after the machine was found broken just days after being repaired.

According to a report in the Sunday Times, this is the second time in recent months that the Rs 15 million machine has been found damaged. In a previous incident a crucial part needed for the machine to function was stolen and never located.

Sri Lankan police are now reportedly carrying out enquiries at the hospital.

Election Commission to call all parties for special meeting

The Election Commission has decided to summon all the secretaries of all political parties.

The Chairman of the Election Commission Attorney-at-Law, Nimal Punchihewa stated that the meeting will be held on the 23rd of February, 2022.

At the meeting support from the political parties is expected to be sought for the proposals put forward by the National Elections Commission to the Special Parliamentary Committee is to identify reforms related to the election laws and the electoral system.

In addition, attention will be paid to the Provincial Council and Local Government Elections.

The Chairman of the Election Commission stated that the Elections Commission is ready to hold elections at any time under the health guidelines.

It Is High Time For United Nations To Right Its Wrong In Sri Lanka By Kumarathasan Rasingam

Genocide of Tamils in Sri Lanka. UN Failed to apply R2P and protect the Massacre of 147,000 Tamils.

It is very sad that United Nations an international institution particularly was initiated to protect the civilians during the conflicts and other matters affecting the civilians failed from in its duty by ignoring the genocide in Sri Lanka. Several UN agencies, along with various other intergovernmental organizations [IGOS[ and international non governmental organizations [INGOS] based on the war zone serving the people were compelled to leave the areas of war zone on the directive of the then Sri Lankan Defence Secretary [Now the President of Sri Lanka], although very large number of Tamil civilians demonstrated pleading with the UN agencies to stay because of the protection of their presence would ensure their safety.

After several criticisms from several Human Rights Organizations, the UN Secretary General Ban-ki-Moon appointed a panel tasked with assessing the situation and submitting a Report.

The PetriePanel was tasked with assessing the contribution and effectiveness of the UN system in responding to the escalating fighting and in supporting the Secretary-General’s political engagement, identifying institutional and structural strengths and weaknesses, and providing recommendations for the UN and its Member States in dealing with similar situations.

The Petrie panel reviewed about 7,000 documents, including internal UN exchanges with the government of Sri Lanka.

The panel also met with a large group of people, including representatives of civil society and member-states, and its recommendations were built on previous reviews of UN actions in the theatres of escalated conflict.

The Secretary-General said as an immediate first step, he will organise a senior-level team to give “careful consideration” to the Report’s recommendations and advise him on the way forward. “Other actions will follow in short order,” he added.

The Petrie panel came to be appointed as the UN operation in Sri Lanka faced criticism that it had failed to protect a large number of civilian deaths in the final battle. Sri Lanka government dismissed the Petrie report as “unsubstantiated, erroneous and replete with conjecture and bias”.

Military had eliminated the rebel Tamil Tigers in 2009. Nearly three decades of ethnic conflict in Sri Lanka had left over 100,000 dead.

The war against Tamils is not an internal uprising of an ethnic or other distinct group against another exercising authority or control over the other. It was a war between two nations. Historically, the Tamil nation had a state of its own for at least four centuries before it was conquered by Portuguese colonial power in 1619 almost 114 years after they first landed in Ceylon in 1505.

This war between the Tamils and Singhalese nations was far worse than WW11 in every aspect than any other wars in regard to the scale of intensity, death, despair and destruction. The war aimed at genocide of Tamils was replete with horrendous abuse of human rights, war crimes and humanitarian laws governing conduct of wars. It is a shame, disgrace, and of course humiliation to those countries and human rights organizations committed to uphold human rights and respect international laws and conventions. As the world labeled the Tamils they are not a terrorist group or organization. They took up arms to fight against state terrorism All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned the right to bear arms in defense of themselves. The Preamble to the UN Universal Declaration of Human Rights clearly states “Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”

As variously stated throughout history people have the right and the duty to overthrow tyrannical governments that acts against their common interests. Taking arms in self-defense against state terrorism is definitely not terrorism. It is an inalienable right of self-defense under a democratic polity. We fought for justice and peace and above all we waged a just war against genocide of Tamils.

It is very important to note that, In the strict sense of the word, it’s not a post war situation. Instead, it is a war by other means. In addition to heavy militarisation, we can see a massive structural change that is been carried out by the Sri Lankan government through acquisition of land, Sinhala settlements, building of military cantonments, acquiring key trade and commercial locations, changing name boards to all-Sinhala names, building of Sinhala Buddhist shrines, claiming ancient Tamil Buddhist sites as Sinhala Buddhist sites and so on and so on. This phase existed prior to the armed phase before the 1980s. It has now gone up to a maximum speed after the military defeat of the armed resistance of the Tamil movement. No attempt has been made to address the root causes of the conflict. What is happening is the consolidating of the unitary state structure and the Sinhala Buddhist ideology of re-conquest with the aim of cultural homogenisation of the Tamil region. It is an irony to see how in this process of ideological and military re-conquest of the Tamil region those Sinhalese who backed the same process are being silenced by the government, let alone the other voices of dissent in the Sinhala society.

Modi expected to arrive through Palaly

Indian Prime Minister Narendra Modi will arrive in Sri Lanka through the Palaly Airport when he visits the country in March, Indian media has reported.

Prime Minister Modi will first open the Cultural Centre in Jaffna, built with Indian funds, and then proceed to Colombo.

The Indian Prime Minister is arriving in the country on an invitation extended by his Sri Lankan counterpart. Modi will also attend a meeting of the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation

Posted in Uncategorized

Lack of transparency in HRCSL appointments blamed on 20A

Asserting that the appointments made to the Human Rights Commission by the Parliamentary Council established in terms of the 20th Amendment to the Constitution lacked transparency, the HRCSL has called for an urgent Constitutional Amendment.

Issuing a media statement yesterday the HRCSL said that in case a constitutional amendment wasn’t feasible at the moment, the government could (a) formulate regulations stipulating the criteria that should be adopted regarding appointments made in section 3 of the Human Rights Commissions Act 19 of 1996, and publish the said criteria through a gazette notification.

The HRCSL comprises Justice Rohini Marasinghe, Ven. Kalupahana Piyarathana Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Anusuya Shanmuganathan.

The HRCSL issued the statement having had meetings with the Colombo-based diplomatic community on 08 and 09 Feb., at their office.

The HRCSL stated that their recommendation would ensure that such appointments complied with the principles relating to the status of National Institutions (Paris Principles) adopted by General Assembly Resolutions No.48/ 134 of 20th December 1993.

The Commission has further said that the definition of ‘human rights” should be extended to cover all Covenants absorbed into law.

The HRCSL head said those amendments should be placed before a Parliamentary Select Committee under section 10(d) of the HRC Act.

The HRCSL has explained to the diplomatic community that though the Commissioners were appointed in terms of the Constitution by the President on the observation of the Parliamentary Council, their removal could only be done after an address and a vote in Parliament.

The powers of investigation and recommendations stipulated in the HRC Act were a complete detachment to the executive arm of the government, the diplomats have been told

Posted in Uncategorized

SJB urges Govt. to submit report issued by UNHR Ambassador

Samagi Jana Balawegaya (SJB) today urged the government to submit the report issued by UN Human Right Ambassador Michelle Bachelet on Sri Lanka’s human rights situation to Parliament and to allow a debate on it.

SJB MP Mayantha Dissanayake made this request at a press conference today.

“We believe that Sri Lanka has received the report by UN Human Rights’ Ambassador Michelle Bachelet and we request that it be submitted to Parliament and the MPs allowed to debate on it,” MP Dissanayake said.

“Ms.Bachelet had referred to the situation pertaining to the human rights situation in Sri Lanka,” he added.

Both MP Dissanayake and MP Gayantha Karunatilleke who participated in the media conference alleged that the government is responsible for the attack on journalist Chamuditha Samarawickrama’s house and for the arrest of civil activist Shehan Malaka which they called a harassment.

HRCSL calls for PTA’s abolition

Notwithstanding the amendments already suggested by the Government which includes the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill, the Human Rights Commission of Sri Lanka (HRCSL) has advocated for the complete abolition of the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended.

In a press release issued on “The Briefing of the Diplomats on 8, 9, and 10 February, on the road map of the HRCSL for 2022 held at the HRCSL Headquarters” yesterday, which dealt with the repeal of the Prevention of Terrorism Act (PTA), it was noted that the Commission “believes that the offence of terrorism should be included in the Penal Code with a new definition for terrorism, which should be explicitly for those who threaten or use violence unlawfully to target the civilian population by spreading fear to further a political, ideological, or religious cause”. The Commission advocates that terrorism should be investigated under the general law of the country with necessary amendments.

The Commission also supports that it is not required to exclude the application of the Evidence Ordinance for the offence of terrorism.

Moreover, the Commission has observed that the indefinite period of detention violates the Constitution’s Article 13(4) which holds that the “deprivation of liberty of a person pending investigation or trial shall not constitute punishment”.

Further, the Commission has pointed out that amendments to the Penal Code, the Code of Criminal Procedure, the Judicature Act, and the Bail Act require modifications for this purpose.

Meanwhile, an islandwide signature campaign was conducted by the “Justice for All” organisation appealing to the Government of Sri Lanka to honour its promise to repeal the PTA, with the convener of the organisation being Parliamentarian M.A. Sumanthiran.

The islandwide signature campaign in Colombo was conducted from 11 a.m. to 1 p.m. in front of the Fort Railway Station.

“The Government has given several assurances in the past that this legislation will be repealed and a law will be enacted in its place that complies with international human rights standards and norms. However, the recent Amendment Bill presented to the Parliament falls short of such assurances and fails to address any of the draconian provisions in the PTA,” the letter noted.

The letter additionally states that the 1979 PTA was brought about as a Temporary Provisions Act for six months, yet continues to be in operation for over 40 years.

“During this period, we have witnessed its use to crush dissent against the Government of the day, as has been done consistently in the past and which continues today,” the letter mentioned.

Last week, Foreign Minister Prof. G.L. Peiris tabled the the Bill to amend the PTA in Parliament, whilst MP Sumanthiran, upon presentation of the Bill by Prof. Peiris, quoted Justice Minister Ali Sabry as saying that the PTA would be totally repealed.

UN reiterates need to protect journalists to ensure democracy

The Resident Coordinator of the United Nations in Sri Lanka, Hanaa Singer states that the protection of Journalists and Activists play a fundamental role in ensuring a democratic society.

In a tweet, she further stated that while their protection is vital to ensure freedom of expression, transparency and accountability. The silencing of critical voices, undermines public debate, freedom and the human rights of everyone.

Posted in Uncategorized

Local church with Vatican planning action behind closed doors: Cardinal

A course of action to mete out justice to those affected by the Easter Sunday Bomb attacks is being organized by the Sri Lankan Catholic Church together with the Vatican behind closed doors, Archbishop of Colombo His Eminence Cardinal Malcolm Ranjith said today.

“A course of action is being organized by the Sri Lankan Catholic Church together with the Vatican, but we will not divulge anything about it now,” Cardinal Ranjith told a press conference.

“It is the government which has to bear the responsibility for the consequences which Sri Lanka has to undergo if the church seeks international assistance to mete out justice to those who were affected by the Easter Sunday mayhem,” he added.

The local Catholic Archbishop who referred to the arrest of activist Shehan Chanaka on Monday, alleged that it has been more or less an abduction. “Shehan has been taken away by a white van while walking on the road and no one knows as to where he is at the moment. There is a civilized way to arrest people. I would like to remind the Attorney General and the IGP that satisfying politicians is not their duty,” he also said.