Seven Seas News: Sri Lanka

Showing posts with label Sri Lanka. Show all posts

Monday, March 24, 2014

SRI LANKA: Court orders to silence two human rights activists

Mon, Mar 24, 2014 at 1:56 PM

A Statement from the Asian Human Rights Commission

We reproduce below copies of the court orders.

The first order states that, as the Officer-in-Charge (OIC) of the Terrorist Investigation Division (TID) is conducting an investigation into the terrorist activities of the LTTE and that if the information gathered during this investigation is given to local or international persons there will be great damage to this investigation, and by so providing this information there is a possibility that acts of terrorism or conflicts among races or religions can take place. Therefore the OIC of the TID has requested me to make such order for the persons named not to make any such statements. And the Magistrate has made the order accordingly.

In the second order, also made at the request of the OIC of the TID an order has been made to the effect to arrest and produce before court the above named persons if they come for the purpose of travel abroad without the permission of the court.

Copies of this order has been sent to the directors of Immigration and Emigration at international airports at Katunayake and Mattala, the director of the State Intelligence Service, and the director of the Criminal Investigation Department.

The Asian Human Rights Commission states that there was no reason in any way to connect these two human rights activists, who have merely done their duty to extend support to any victims or perceived victims of human rights abuses. In fact, the very mandate of a human rights defender is to provide assistance to anyone who is going through such circumstances. The United Nations Human Rights Council Resolution entitled, Protecting Human Rights Defenders, (April 12, 2013) among other things: "Urges the States to acknowledge publically the important and legitimate role of human rights defenders in the promotion of human rights, democracy and rule of law as an essential component of ensuring their protection, including by respecting the independence of their organisations and by stigmatisation of their work". It was after the TID found them to be innocent of any unlawful activity that both of them were released. The international interventions and those by local agencies were made on the basis of the justification of their interventions as human rights activists. The government responded positively to the massive protest and created the impression of having resolved the problem. The actions which are now being taken to restrict their freedom of speech and to travel have therefore no legitimate basis.

Sri Lankan law protects the freedom of speech as well as the freedom for travel. Both of these rights are considered fundamental rights. Merely tagging on an accusation of some connection to the LTTE without sufficient evidence in order to create the impression of some illegal activity is not becoming of a legitimate government. Unfortunately the long period of violence that prevailed in the country for several decades left room for such arrests without the strict criterion relating to the law. A situation arose when, by the mere signature of an official, the most terrible accusations can be made and these led to the issuing of orders which have enormous consequences.

The resort to such orders now endangers everyone. An officer without providing any reliable evidence to the court may make such requests by which the freedom of any person can be jeopardised.

This action on the part of the TID itself is one more justification for the resolution which is now before the Human Rights Council. When the domestic legal system is blatantly abused the only recourse that a citizen will have is to turn to the United Nations human rights agencies. So far, the belief that the domestic system may still be utilised creates the illusion that justice is still possible in Sri Lanka. However, when the powers of arrest, detention are abused and other severe restrictions of the freedom of speech and movement are being made in this manner it is glaring proof of the justification for the resolution which is to be debated this week in Geneva.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

Tuesday, March 05, 2013

A Statement from the AHRC on Sri Lanka

Mon, Mar 4, 2013 at 9:17 AM
A monk leads mob violence at Maligawatta with the connivance of the police

Swarnavahini reported a raid on a house maintained at a high rise building in Maligawatta by a mob led by a Buddhist monk, Galabodathe Yanasiri, the secretary of the Bodu Bala Sena (The Buddhist Power Army). Galabodathe Yanasiri claimed that a person residing there was keeping false deeds, fake ticket books and passing himself off as a Buddhist monk. A large crowd entered and searched the premises, allowed themselves to be videographed and then took the person into their custody. While this was going on the monk in charge spoke to the cameras saying that they will work towards exposing other similar incidents. Another person took the man impersonating a monk to apologise to the Buddhist people in Sri Lanka about the wrongs he had done, all of which he denied. Then another person was made to say that he was subjected to sexual harassment.

This crowd was accompanied by some officers of the Maligawatta police and the presence of the police could be seen in the video. The report further stated that the accused culprit was later produced before a magistrate.

The whole incident demonstrates how far mob violence is taking place in Sri Lanka. In this instance the monk who led the mob claimed that there are many more incidents happening in the country and that they intend to intervene in similar manner.

Whatever the truth or otherwise about this man alleged to be impersonating a monk, if there was any enquiry to be done it should have been done by the police and not by the mob. The very fact that the police accompanied the mob shockingly indicates the connivance of the police in the mob violence. If this group calling themselves the Bodu Bala Sena had, in fact, received some complaints against this individual it was their duty, under the law, to refer such complaints to the police and request them to take the appropriate action under the law.

However, when the Bodu Bala Sena act as a mob and engages in raids they are themselves violating the law and they should be charged under the law for trespass, illegal interference with the privacy of the tenant and mob violence. No monk or civilian has the power of arrest and therefore that too is a criminal offense. The monk who led the mob was also violating the law of the land.

It is the duty of the police to arrest all the persons who participated in this mob violence and to charge them before a court of law. As there is video footage of everything that happened during this raid there should be no difficulty in identifying the persons involved and also confirming the illegal acts that they committed. The video which was shown to the public by Swarnavahini itself may be used as evidence against those who participated in these illegal activities.

The Officer-in-Charge of the Maligawatta Police Station should be held responsible for allowing these illegal activities to take place. The Assistant Superintendent of Police and the Superintendent of Police in the area should take appropriate action to investigate the matter and take action against the police officers concerned.

However, although this might be the position relating to the law, most likely nothing will happen as the Bodu Bala Sena is acting so boldly before cameras only because they are assured of political patronage. Thus, the allowing of mob violence happened in this instance does not seem to happen without the direct or indirect involvement of the government. What is most likely is that such activities are done with the knowledge of the Ministry of Defence.

Civilian policing has virtually collapsed with the promulgation of the 18th Amendment to the Constitution. With that the police can no longer be relied on to maintain law enforcement. This situation allows the mobs to take the law into their own hands. It is this situation that the Bodu Bala Sena is exploiting knowing that they will enjoy impunity. Many attacks on civilians by the Bodu Bala Sena have been reported, including attacks on the places of worship belonging to other religions.

The Bodu Bala Sena has become the expression of the widespread lawlessness in the country. The failure of the government to take appropriate legal action against such activities demonstrates the government's connivance in creating a situation of lawlessness.

It is quite likely that in the future, such mobs may attack those who are considered opponents of the government. Thus, trade unions, NGOs and individuals holding independent opinions such as journalists and the members of the press establishments can be targets of mob violence. Such mob violence could be directed towards various factions within Buddhism such as against those who claim adherence to Mahayana Buddhism.

As the sole authority that controls the country is the executive president the failure to stop such violence should be directly placed before the president as a failure of his responsibility.
Sri Lanka: A mob leads violence

Tuesday, September 13, 2011

The U N Human Rights Council must act immediately

Truth and Justice Needed to Resolve Sri Lanka Rights Crisis, Says Amnesty International

Washington, DC -- The United Nations Human Rights Council must act immediately to end the crisis of impunity that plagues Sri Lanka more than two years after the end of the bloody civil war in the country, Amnesty International told the Council today.

Sri Lanka’s government has failed to provide justice for victims of ongoing human rights violations, has not provided adequate assistance to all communities affected by the conflict, and has significantly weakened independent public institutions, the organization said after remarks by Sri Lankan Minister Mahinda Samarasinghe. The minister told the Council that his government’s response to human rights concerns was "second to none" in the post-conflict period.

"Any sustainable peace and reconciliation in Sri Lanka will depend on a genuine, independent effort being made to learn the truth about serious violations during the civil war and deliver justice to the victims and their families," said Sam Zarifi, Amnesty International’s Asia-Pacific director. "National efforts to date have fallen far short of the mark, and the ongoing culture of impunity in Sri Lanka is shielding those responsible for past and ongoing abuses from being brought to justice." U.N. Secretary-General Ban Ki-moon has indicated he will officially transmit to the Human Rights Council the findings of his expert panel’s report that finds "credible allegations" of war crimes and crimes against humanity by all sides to the Sri Lankan conflict. As of today, the report has not been officially transmitted, although no explanation has been given for the delay. "The secretary general’s panel of experts produced a strong, credible, well-founded report, and it is now time for the Human Rights Council to begin discussing these allegationsfully with the Sri Lankan government," said Zarifi. Since the armed conflict ended in May 2009, Amnesty International has documented ongoing human rights violations, especially in the north and east of the country. These include humanitarian workers being denied access to communities who returned after the fighting, allegations of ill-treatment including sexual assault by security forces, and lack of consultation with local communities in the resettlement process. Media critics face threats while the government has failed to prosecute killings of journalists. Since 2009 alone, Sri Lanka’s national Human Rights Commission has received more than 8,000 complaints. Sri Lankan authorities have failed to implement the interim report of its internal inquiry into civil war abuses, the Lessons Learnt and Reconciliation Commission (LLRC). Sri Lanka’s government has ignored commitments it made after the United Nations Human Rights Council reviewed the country’s human rights situation in 2008, including a pledge to prosecute those responsible for a variety of crimes under international law. President Mahinda Rajapaksa’s government recently lifted the state of emergency that had been in place for nearly three decades, but other repressive laws are still active, including the Prevention of Terrorism Act. Detainees have been held arbitrarily for prolonged periods – sometimes years – without charge. "It’s time for the Human Rights Council to actively promote truth, justice and reparations for the country’s thousands of victims of grave human rights violations that took place both during and after the civil war," said Zarifi. Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with 3 million supporters, activists and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied.

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Saturday, August 21, 2010

Stop the Genocide and Ethnic Cleansing in Sri Lanka

Stop the Genocide and Ethnic Cleansing of Tamils: Demonstration on 21st August 2010 at Westminster – London

“There has been a deafening global silence in response to Sri Lanka’s actions, especially from its most influential friends. The international community cannot be selective in its approach to upholding the rule of law and respect for human rights. Impunity anywhere is a threat to international peace and security everywhere.” – Kofi Annan, former UN Secretary-General

We all remain silent since we heard the Sri Lankan government massacred fifty thousand Tamils, according to a United Nation filed officer, in a tiny area in the north of country within three days. More than two hundred thousand innocent Tamils are held in concentration camps without any valid reason. Thousands of pregnant women, innocent children were killed by aerial attacks and chemical weapons. In the name of eliminating minority ultra nationalists, the Sri Lankan government committed a shocking genocide, preventing the entire national and international media, right groups, United Nation and so on, in the war zone.

Is this an example for eliminating the resistant politics, for the international power? Is this the new feature of new world order? Will it be the general phenomena of the world’s power? Just some months after this Sri Lankan humanitarian disaster, India has started to massacre in order to evacuate poor hill country forest inhabitants from acres and acres of their own land for exploitation of mines. Similar atrocities of power against the innocent poor people and against those who resist, is becoming social recognition in the other parts of the world. The war between the business power and the innocent is the real Avatar.

Sriri Lanka is a multi-ethnic, multi-religious, multi-lingual and multicultural country. Despite this, the Sinhala-Buddhist Government claims that Sri Lanka is a Sinhala-Buddhist country. The ethno-religious mix of Sri Lanka, with 20 million people, consists of ethnic Sinhalese (74%), Tamils (18%) in two groups (ethnic Tamils, 12.5%, and the plantation, or Indian, Tamils, 5.5%) and Moors (6.5%).

The major Sinhalese political parties competed with each other to discriminate the Tamils in language, education and employment with the clear intention of gaining the Sinhalese vote. The head of the SLA stated in an interview last year that the Sinhala-dominated Sri Lankan Armed Forces comprise of 99% Sinhala.

After the so called genocide, the Sri Lankan government is currently conducting the ethnic cleansing against the minorities.

To achieve their goal with the silence of international community:

1. Drive them out of the country. Although 1.3 million have already been driven out, there are still 2 million left.

2. Make them “non-people”, i.e. internal refugees. Currently, there are 2 00,000 Tamil civilians living in concentration camps in the Tamil north and east or have fled into the jungles in the north to escape SLA bombing. There are also 200,000 Tamil refugees in south India.

3. Make them “disappear”. Today, Sri Lanka leads the world in “involuntary disappearances”.

4. Kill them — i.e. commit genocide

“On December 23 2009, the US-based Human Rights Watch (HRW) came out with a detailed 49-page report entitled Besieged, Displaced, and Detained. The Plight of Civilians in Sri Lanka’s Vanni Region of the Sri Lankan government’s responsibility for the plight of 230,000 to 300,000 displaced people in the Vanni (northern) conflict zone. “

The world constructs a new world order with a new power configuration. If we fail to stand together, we will be the victims. Sri Lanka is just the laboratory for the power to learn how to handle the resistance. Please come and participate in the demonstration against the Sri Lankan and Indian government held on: