News
96 university teachers demand release of Hejaaz Hizbullah…
A group of 96 university teachers has called for the release of Hejaaz Hizbullah and Ahnaf Jazeem,. They have, in a statement titled, ‘A call to action against the detention of Hejaaz Hizbullah and Ahnaf Jazeem, anti-Muslim violence, and attacks on democracy’, asked for a ‘halt to undemocratic actions by government actors, a repeal of the PTA and other laws that are contrary to the principles of democracy, and ask that the public demand accountability”.
The full text of the statement: “Decades of majoritarian politics, and the more recent descent towards authoritarianism and militarisation, have eroded the foundations of our democracy. They have numbed us to the violence in our daily lives and desensitised us to how sections of our citizenry are targeted. Over a year has passed since Hejaaz Hizbullah and Ahnaf Jazeem were arrested, and they remain imprisoned to date.
“On April 14, 2020, human rights and constitutional lawyer Hizbullah was arrested by the Criminal Investigation Department (CID) and detained under Section 9 of the Prevention of Terrorism Act (PTA) for over 10 months. At the time of arrest, his alleged crimes were “aiding and abetting” one of the Easter Sunday bombers. It later transpired that he represented the family in two land cases. He is now being charged with speech related offences under Section 2(1)(h) of the Prevention of Terrorism Act (PTA) and Section 3(1) of the International Covenant on Civil and Political Rights (ICCPR) Act. These are based on statements made by minors to the CID, which the children maintain they were coerced and threatened to make.
“On May 16, 2020, the Police Counter Terrorism Investigation Division (CTID) arrested Jazeem, a poet and teacher from Mannar, on allegations that his book Navarasam contained “extremist ideas” and that he taught “extremism” to students. A review of the poems by an “expert panel” of psychiatrists, some with university affiliations, makes vague claims about the potential of the book to incite violence, hatred, and suicidal thoughts. Their report fails to provide the basis or justification for these judgments and even says that there were two discrepant sets of translations (Sinhala and English from the original Tamil)at their disposal, which fact should have called the entire operation into question. Contrary to the allegations of the CTID, recent translations reveal that the poems were deeply critical of violence.
“Hizbullah’s arrest and continued detention is an attack on the rights of lawyers and the rule of law. Jazeem’s arrest and continued detention without charge represents, in addition, an attack on the freedom of expression and pluralism, and a broader war on ideas. As can be seen from the progress of the two cases, the rights of Hizbullah and Jazeem have been clearly violated, and questionable tactics have been and continue to be used to manufacture the cases against them. In custody, their basic needs for health and safety have been neglected.
“The incarceration of Hizbullah and Jazeem occurs in the backdrop of highly organised anti-Muslim mobilisations designed to stigmatise and isolate Muslim communities. Violence and intimidation continue, bolstered by the government’s complicity in these acts in the name of “national security”. In March 2021, the Minister of Public Security announced plans to shut down 1,000 madrasa schools and ban the burqa. A month later, the Cabinet approved the ban on all forms of face veils in public spaces, and, in May, the Deputy Director of Customs announced that any Islamic religious texts brought to the country must be cleared by the Ministry of Defence. These actions further criminalise one for being Muslim and are an assault on our democratic freedoms.
“Anti-Muslim sentiments guide the state COVID-19 response as well. Last year, at the height of the pandemic, the Ministry of Health adopted a mandatory cremation policy for the COVID dead, despite WHO guidelines to the contrary. The policy was backed by “experts”, including those from universities, citing unsubstantiated public health concerns, with crass disregard for the strongly followed religious tradition among Muslims of burying their dead. Today, burials are permitted, but restricted to a Muslim-populated area – Ottamavadi, Batticaloa –signalling that only Muslims must contend with the albeit unlikely threat from their dead. The burial issue was only one of the more flagrant of attempts to weaponise the pandemic against Muslims. The state machinery, through statements and actions of doctors, PHIs, politicians, military personnel, and state-controlled media pushed a narrative of Muslims as super-spreaders.
“These trends are not new. They are a continuation of heightened violence against Muslims that spans a decade. Starting in 2012,organised attacks on mosques and demonstrations against Muslims, including an anti-Halal campaign, culminated in horrific acts of violence, including the Aluthgama and Digana riots. In parallel, highly politicised campaigns have targeted Muslim individuals; for instance, Dr.Shafi Shihabdeen was arrested on false allegations of forced sterilisation, and activist Ramzy Razeek was detained for condemning the anti-Muslim witch-hunt post Easter Sunday bombings. Unlike the zeal with which these cases are pursued, state institutions responsible for ensuring public safety have failed to prevent anti-Muslim violence, and no one has been held accountable so far.
“The targeting of Muslims occurs in a context of increasing authoritarianism and militarisation which have served to weaken democratic institutions. We have witnessed the remanding of former Director, CID, Shani Abeysekera, who had investigated high-ranking officials and politicians, author Shaktika Sathkumara, for purportedly anti-Buddhist writings, and many others. The PTA is wielded as a tool of politicisation and arbitrary power, alongside the Emergency Regulations and the ICCPR Act. They are deployed in majoritarian campaigns against minorities, to attack those opposed to the regime in power, and crush dissent, casting doubt on state institutions and the judicial system.
“Academics are mandated to exercise and safeguard free speech and expected to confront and question the excesses of those in power. As members of public higher educational institutions, we must support and amplify the voices of the marginalised. Having learned from the devastation caused by uneven justice, majoritarian politics, and racist rhetoric, and knowing the insecurity and fear that some of our citizens live with on a daily basis, we must resist these attacks. We believe that allowing these actions to continue with impunity implicates us all.
“We, the undersigned, as members of the academic community, demand the immediate release of both Hizbullah and Jazeem, and call attention to the fact that their arrests have taken place in a context of unrelenting anti-Muslim mobilisations that are tearing our social fabric apart. We are deeply worried about the continuing deterioration of the criminal justice system and the institutional decay it more broadly signals, as these developments are also symptomatic of a gradual hollowing out of the democratic bases of society. We, therefore, call for a halt to undemocratic actions by government actors, a repeal of the PTA and other laws that are contrary to the principles of democracy, and ask that the public demand accountability. Finally, we call on the greater academic community to broaden this struggle to ensure that we fulfil our mandate and exercise our academic freedom in the pursuit of democracy and justice for all.”
News
Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
News
Two arrest warrants issued for Gnanasara thera
The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.
The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.
The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.
The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.
A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.
However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.
The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.
News
CA dismisses GR’s writ petition against arrest
A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.
The writ petition was rejected in limine.
In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.
Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.
Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.
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