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Sri Lanka: Families of ‘Disappeared’ Persecuted – HRW

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Meenakshi Ganguly

Renewal of UN Human Rights Council Mandate crucial to counter Impunity, Abuse

The Lankan Government continues to persecute the families of victims of enforced disappearance who seek to enforce their rights, Human Rights Watch said on Saturday. It said: Security forces persistently harass families through surveillance, intimidation, false allegations, violence, and arbitrary arrests.

On 29 August, 2024, a court, in Trincomalee, granted a request by police to ban relatives of the disappeared from holding a procession to mark the International Day of the Victims of Enforced Disappearance on 30 August.

“The relatives of the disappeared experience the daily torment of not knowing what happened to their family members, which state agencies have cruelly compounded by trying to silence them,” said Human Rights Watch Deputy Asia Director Meenakshi Ganguly. “Hundreds of mothers, wives, and others have passed away without learning what happened to their loved ones, and many more express fear they might not live to see justice done.”

Sri Lanka has one of the world’s highest rates of enforced disappearance, including those who disappeared during the leftist Janatha Vimukthi Peramuna (JVP) insurgency (1987-89) and the civil war between the Government and the separatist Liberation Tigers of Tamil Eelam (LTTE,1983-2009). Sri Lankan authorities have for decades refused to reveal the fate of the disappeared or to prosecute those responsible, leading the United Nations human rights office to call for international prosecutions.

In this 22 August annual report on Sri Lanka to the UN Human Rights Council, the UN High Commissioner for human rights Volker Türk described “a persistent trend of surveillance, intimidation and harassment of journalists and civil society actors, especially those working on enforced disappearances … and reprisals against family members of the disappeared engaging with the UN or international actors, including members of the diplomatic community.” The High Commissioner also examined allegations of abduction, arbitrary detention, torture, and sexual violence by Sri Lankan security forces carried out as recently as January. The victims in these cases, whom they said were primarily men, had been involved in protests over issues such as enforced disappearances.

In May, Human Rights Watch met with relatives of disappeared people throughout the North and East Sri Lanka, mostly the wives or mothers of victims. They described a pattern of ongoing abuses. Several are facing court proceedings after being arrested at protests, including three who had been hospitalised as a result of police violence against protesters.

One woman in the Eastern Province, campaigning to know the fate of her husband, who surrendered to the military in 2009, said she believes she is under regular surveillance by security agencies, including the police Criminal Investigation Department, Terrorism Investigation Division, Special Task Force, and the Army. She said they offer to pay her neighbours for information about her, in tactics apparently designed to isolate her from her community.

“We can’t raise our voices, we have no freedom to move,” said a woman in the Northern Province, whose husband has not been seen since his arrest in 2008. “They [security agencies] threaten us, and even take action against our family members. We have no freedom to do anything.”

The women said that police officers habitually deliver stay orders – prohibiting them from attending memorialisation events or protests – in the middle of the night when they are dressed in their nightclothes and take photographs. “If my gate is locked, police climb over the wall or cut the fence to deliver a stay order,” one said. Another showed a pile of eight stay orders, although she said she had received more. “If anything is happening in the Northern or Eastern Provinces I get a stay order,” she said.

Several mothers of the disappeared said the most frightening threats were directed at their other children. One said that when she attends protests the police tell her, “You have to look after your child who is still alive.” Another said that days after she was arrested at a protest in 2023, her son was arrested in an allegedly fabricated drugs case and sent for custodial “rehabilitation.” Criminal cases against both her and her son are ongoing.

In December, the authorities launched an abusive anti-narcotics campaign called “Yukthiya,” which the UN says had resulted in over 121,000 arrests five months later. Families of the disappeared said the authorities are increasingly using false drug cases to harass them. The mother of a disappeared man said that police – including anti-narcotics officers – began making inquiries about her surviving son in December, leading her to fear that they would plant drugs in her home. “I have already lost a son,” she said. “He is now the only one I have left. I sent him to India [for his safety].”

Relatives of the disappeared said they have little or no recourse to domestic avenues for redress. In 2017 the  Government established the Office of Missing Persons (OMP), which is supposed to establish the whereabouts or fate of the disappeared but has resolved almost no cases. Relatives accused the OMP of pressuring them to agree to receive compensation payments that they fear will lead to their cases being closed without further investigation.

One relative said, “The OMP says ‘take this certificate, get Rs. 200,000 [$ 665], don’t support this movement [for truth and justice].” Another, whose daughter disappeared in 2009, said, “When I went to the OMP I noticed that they were pressing many families like us. They said to the families, ‘we don’t want any documents, we just want the details of the [disappeared] person.’ Some people took compensation, and some refused.”

“Earlier we trusted the OMP but after they recruited certain commissioners, we lost our faith,” said the mother of a disappeared person from Mannar, in northwest Sri Lanka, referring to the appointment of former senior security forces officials to the body. She said she has refused offers of compensation because “I need to know what happened to my son.”

Many relatives of the disappeared are also skeptical of the current Government’s proposal for a new domestic truth and reconciliation commission, following numerous similar bodies that have previously failed to deliver truth or accountability. “We don’t accept it. We don’t have faith in it,” one said. They emphasised the importance of international involvement, including in criminal investigations.

The UN Human Rights Council, concerned Governments, and other UN bodies should implement the recommendations in the UN High Commissioner’s report, including:

Investigating and prosecuting alleged perpetrators of international crimes committed in Sri Lanka under the principle of universal jurisdiction.

Imposing targeted sanctions on alleged perpetrators.

Carrying out enhanced vetting of Sri Lankan officials, including those involved in UN peacekeeping missions.

Renewing the Human Rights Council’s mandate for UN monitoring, reporting, and work on accountability for human rights violations and related crimes in Sri Lanka.

“Successive Sri Lankan Governments have resisted any progress to address the terrible legacy of enforced disappearances, and instead compounded the anguish of victims’ families,” Ganguly said. “While the Sri Lankan Government commits these abuses, the Human Rights Council and governments around the world need to stand with the families of the disappeared.”



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Govt plans to hire 121,000 state workers, redistribute tax revenue

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MONETABRIEF –Sri Lanka plans to hire 121,000 state workers to fill identified vacancies over the next year as part of plans to return tax money to the economy President Anura Kumara Dissanayake has said.

For many years employment was restricted to the state service.

“We will not hire in a ad hoc manner (hithoo hithoo vidiyater),” President Dissanayake told a public rally in Akuressa.

“A committee under the Prime Minister and asked each agency what the vacancies were. Was it essential? Will these people stay with no work? We will hire 121,000 to the state service in that manner. This year. We have not hired all.”

“10,000 for the Police. 23,000 teachers. Then a young person in the village will get a job. A teacher will be there. They will get an economic strength. They will join the police.

“Next year we will give a special allowance to police in the budget. They work 18 hours. They will get a uniform with a batton and kid. When the jobs are created, economic opportunities will be created.

“Then the benefits that the economy got will to the people.”

When Sri Lanka defaulted around 80 percent of the tax revenues went to pay state worker salaries and pensions after rising to 50 percent when the stimulus for economic growth (potential output targeting) initially started.

With more money in the Treasury capital expenditure will also be increased to 2,000 billion rupees in the 2027 budget.

Sri Lanka is planning to build some expressways with domestic financing which may trigger more imports and require higher interest rates to maintain external stability.

Opposition leader Sajith Premadasa also pushed to hire more unemployment graduate in parliament transferring more taxes collected from the people to able bodied population.

Analysts had warned that ‘revenue based fiscal consolidation’ was a spurious doctrine as spending will catch up to match revenue.

Generally called Parkinson’s Second Law, the phenomenon was articulated by Nortcote C Parkinson in an article in the Economist magazine in 1955 when he was working at the Raffles University campus in Singapore (now NUS).

Sri Lanka went on a revenue based fiscal consolidation drive from 2015 and eventually defaulted as ‘policy support’ intensified with aggressive central bank activism under a 5 percent inflation target after the agency was taught by the IMF to calculate potential output targeting.

In Sri Lanka politicians are against printing money but macro-economists support high inflation and monetary depreciation. When people are impoverished by depreciation and the high inflation target of the central bank, Aswesuma (income support) benefits are increased.

In 2026 the rupee collapsed to 330 to the US dollar from 300 a year earlier as the government ran a budget surplus.

Macro-economists who cut rates had blamed budget deficits for external trouble since money printing to suppress interest rates started in 1952. What is now called ‘rate cuts’ were not invented at the time.

Meanwhile another method of spending money in the Treasury was to give subsidies, President Dissanayake said. The subsidies will however be targeted to the deserving.

These included persons affected by kidney disease, orphans in care who will get 5,000 rupee a month deposited into their accounts and 2 million rupee when they leave the home to build a house.

The time in the care home had been extended from 18 to 21 years, he said.

It was not a good idea to give subsidies to all, President Disssanayake said.

However, even in rich countries there were a section of the population that had to be supported and others who faced sudden crises in their lives.

Politicians in Sri Lanka are against money printing and pushing up the cost of living, but are unable to do anything as the central bank is independent and has a 5-7 percent.

The International Monetary Fund has supported Sri Lanka’s controversial 5-7 inflation target which was to have been revised in October, delivering a blow to advocates who want monetary stability, free trade and democratic rule for the country.

The central bank exceeded its target and pushed up inflation to 8 percent in 2026.

Though opposed inflation and being prepared to raised taxes, politicians in a democratic set up dominated by are they are under pressure to spend, whenever tax revenues increase.

Macro-economists also push politicians to engage in capital spending not for benefits that come after a project is completed, as in the classical period, but for the instant gratification of the ‘multiplier effect’ of Keynesian stimulus or what is called ‘policy support’ by the IMF.

The thinking of macro-economists well-articulated in ‘revenue based fiscal consolidation’ which was rejects the classical ‘spending based consolidation’ match political needs.

Many western nations including the US, which has been in the grip of stimulus advocates over over 20 years are now drifting towards debt crises with uncontrollable inflation under so-called ample reserve regimes operated by central banks.

Sri Lanka first started to go to the IMF in the 1960s as US macro-economists in particular started to push ‘full employment’ policies leading to the collapse of the Bretton Woods a few year later.

“Past experience in Ceylon, which is in line with experience in virtually all parts of the world, is that in a democratic set up political and other pressures are heavily on the side of more and more spending by the government,” B R Shenoy, a classical economist told the then Ceylon government in a policy document in 1966.

“When Revenues increase, under the weight of these pressures, expenditures too increase to meet, or even exceed, Revenue collections. In Ceylon during the past seven years Revenues rose by 45 per cent and Expenditures charged to Revenues by 48 per cent.

“There is a real danger that any programme for increased Revenue collections may be attended by a corresponding increase in the consumption expenditures of the government, and little may be left of the additional Revenues to cover Budget deficits.”

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Parliament clears 22A amid protests

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The government secured the required two-thirds majority in Parliament on Friday to pass the Twenty-Second Amendment to the Constitution Bill, despite opposition from the SJB, the ITAK, the SLPP, the SLMC, and other opposition parties.

The Bill received 158 votes in favour and 63 against. The Judicature (Amendment) Bill was also passed by the same margin.

The two Bills were passed following a two-day parliamentary debate and several hours of voting, with Opposition MPs calling for separate divisions on clauses of the Judicature (Amendment) Bill during the Committee Stage. The final vote on that Bill was announced around 8.08 p.m.

The 22nd Amendment provides for increasing the retirement age of Supreme Court judges from 65 to 67 and that of Court of Appeal judges from 63 to 65. The Chief Justice would retire at 67 or after six years in office, whichever comes first.

The Supreme Court determined that the constitutional amendment did not require a referendum and could be passed with a special two-thirds majority. It also determined that the Judicature (Amendment) Bill could be passed by a simple majority.

The Bills were presented for their Second Reading on Thursday by Justice and National Integration Minister Harshana Nanayakkara.

The SJB mounted a strong protest against the legislation, with its MPs wearing black in Parliament yesterday and party members staging a demonstration at Polduwa Junction, Battaramulla.

Opposition Leader Sajith Premadasa and several SJB politicians participated in the protest held under the theme “No to 22, which destroys democracy”.

ITAK and SLMC MPs voted against the Bills alongside the SJB.NDF MPs Ravi Karunanayake and Faizer Musthapha and SJB Badulla District MP Nayana Wasalathilaka were absent during the voting.

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Sajith likens 22A to ‘Emperor’s New Clothes’

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Opposition Leader Sajith Premadasa yesterday likened the Government’s justification of the proposed 22nd Amendment to Hans Christian Andersen’s “The Emperor’s New Clothes”, claiming that the amendment would undermine judicial independence, democracy and the separation of powers.

Speaking in Parliament during the debate on the 22nd Amendment, Premadasa said the Government portrayed the constitutional amendment as a measure aimed at protecting democracy, but alleged that its actual effect would be to strengthen executive influence over the Judiciary.

He said the amendment would erode public confidence in judges and turn the Judiciary into a “tool and puppet” of the Executive.

Premadasa recalled the constitutional changes introduced through the 17th, 18th, 19th, 20th and 21st Amendments, arguing that executive powers had been repeatedly reduced and restored under successive governments.

He also criticised politicians who had supported several of those amendments while continuing to receive public support at elections.

The Opposition Leader referred to the impeachment of former Chief Justice Shirani Bandaranayake and accused those who had supported her removal of later taking positions in favour of judicial independence.

He also referred to a court order concerning the holding of local government elections, saying some politicians who had previously defended judicial independence had subsequently called for judges who issued the order to be summoned before a Parliamentary Select Committee.

Premadasa said the Samagi Jana Balawegaya had consistently defended judicial independence in both instances.

He also questioned the Government’s proposal to extend the retirement age of senior judges, saying no proper study had been conducted to justify the measure. He referred to a 2023 Asian Development Bank study, claiming that extending judges’ retirement age had not been identified as a solution to problems facing the Judiciary.

The Opposition Leader further questioned the Government’s position that a referendum was unnecessary for the 22nd Amendment, recalling arguments made by President Anura Kumara Dissanayake in support of a referendum during the 20th Amendment process.

The Supreme Court has determined that the 22nd Amendment Bill does not require approval at a referendum under Article 83 of the Constitution, while requiring certain textual changes to the Bill.

Premadasa also accused the Government of departing from its manifesto pledge to abolish the executive presidency and alleged that it was instead seeking to increase executive influence over state institutions.

He urged the Government to withdraw the Bill, alleging that it would weaken checks and balances and move the country towards one-party rule.

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