Connect with us

Features

A long way still to go to retain GSP Plus

Published

on

By Jehan Perera

In appointing the new Right to Information commissioners to five-year terms, the government has chosen persons with credibility within human rights organisations. Two, in particular, are worthy of mention. Kishali Pinto Jayawardena, who was part of the previous Commission, has been a foremost and fearless critic of corrupt and undemocratic governance that spans many governments, as a newspaper columnist and lawyer. Jagath Liyanaarachchi, also a lawyer, has been a source of strength to civil society as a political commentator and resource person at training programmes on issues of human rights, reconciliation and good governance. Their appointment to the Right to Information Commission will ensure that the positive role of the RTI Commission will continue.

In another less publicised development, the release on bail of 10 persons, who had been arrested and kept in detention for over seven months, was also an indication of a positive shift of approach. They had been arrested under the Prevention of Terrorism Act (PTA) for having commemorate their loved ones who had died in the war on May 18, the anniversary of the end of the war. May 18 is the date that the Tamil people of the Northern and Eastern provinces consider a day of remembrance while May 19 is the day that the government celebrates as the day the war was won. The action for which they had been arrested was to have gathered on the beach by themselves, light a lamp and remember their loved ones in a context in which the police had obtained court orders against public commemoration under public nuisance and Covid-related crowding ban.

One of the 10 posted the video of their commemoration on their Facebook page which came to the attention of the security forces. The PTA permits the security forces to arrest persons and detain them if there is any suspicion. Human rights advocates have pointed out that the PTA does not contain a definition of terrorism and is a human rights deficient law that does not adhere to basic human rights standards enshrined in international conventions. Instead, the offences stipulated are those found in other laws, such as the Penal Code, to which the PTA makes reference. Hence, the decision as to whether the PTA would apply in a certain instance is a subjective decision that can be shaped by personal prejudice and bias, rather than objective standards.

JUDICIAL DECISION

Bringing the PTA into line with international standards is one of the EU Parliament’s requirements for a continuation of the GSP Plus tariff concession. The GSP Plus was withdrawn once before in 2010 on the grounds that Sri Lanka failed to meet its human rights commitments and this cost the country tremendously in terms of job losses, factory shutdowns and diminished foreign currency earnings. The GSP Plus was restored in 2017 following government pledges to meet its human rights obligations in terms of 26 international covenants that the country has signed, and with the reform of the PTA as one major promise. These pledges were incorporated into the UN Human Rights Council resolution of 2015 that the then Sri Lankan government also co-sponsored.

The government appears to be taking the possible loss of GSP Plus seriously and is in the process of revising the PTA. Last month a committee of senior government officials drawn from different ministries and the security forces and headed by Defense Secretary General Kamal Gunaratne handed over a confidential report on the PTA and the options for amending it to President Gotabaya Rajapaksa. This report is being considered by a committee of government ministers headed by Foreign Minister Prof G L Peiris. On November 27, this ministerial committee invited a group of civil society members to discuss the revisions to the PTA that the government hopes to bring.

They made the point that arbitrary arrests need to be ended and that all actions with regard to detention needed to be taken by the judiciary rather than by executive or administrative authorities. The example of the seven month long detention of the Batticaloa 10 was brought to the discussion as one of the civil society members present on the occasion was a lawyer who had appeared in their case.

The problem with laws that do not give to the judiciary the power to detain or not to detain (as decided by Justice Mark Fernando in the Supreme Court case of Pathmanathan) is that these laws can be abused by those who operate under political or administrative direction. Those who work on PTA cases have noted that there is a pattern to the arrests. If a person shows ability as a community leader, and can become a political rival to the ruling politicians or aspirants to political power, they are liable to be arrested under a shallow pretext and put into remand prison. This is especially the case in the North and East where the military is present in large numbers on the grounds that they need to be eternally vigilant to prevent another terrorist uprising. In some cases the detention order is served for clicking the “like” button on Facebook for a site that is seen as subversive.

UNPREDICTABLE ELEMENT

Following the decision of the Attorney General’s Department to permit the bailing out of the Batticaloa detainees, there is optimism that other PTA detainees, who are incarcerated on suspicion but against whom there are no charges, will also be able to obtain bail and go back to their homes and loved ones. The lawyer who had appeared in the case said that relatives of other prisoners were calling him asking if they could expect their loved ones to be bailed out.

During the meeting with the government ministers, the civil society members were assured that the changes to the PTA that had been proposed were a result of consensus between the Ministries of Foreign Affairs, Justice and Defence and the Attorney General’s Department, and that these changes are not conceived as one-off ones, but as a part of a continuum, there being other changes contemplated that will be agreed on later.

Not only those who are detained under the PTA, but civil society organisations and their members continue to complain that they live under tension as they are being constantly questioned by the security forces and asked to provide them with their reports. While the problem of surveillance is severe in the North and East, there is also an unpredictable element in civil society activities in other parts of the country. Sometimes there is a crackdown which is inexplicable and shows the potential for the use of arbitrary power. On December 10, which is International Human Rights Day, the Human Rights Organisation of Kandy, headed by Fr Nandana Manatunga was issued a court order obtained by the police to prevent him from conducting an event to celebrate International Human Rights Day.

Fr Manatunga has won international awards for the work he has done, especially for prisoners over many decades. On this occasion the theme of the event his organisation was planning was “Ensure the Prisoners their Dignity and Rights to Human Conditions.”

One part of the programme was to give tokens of appreciation to family members of prisoners, from different ethnic and religious groups and from different parts of the country, who had seen their loved ones incarcerated for long periods and having to fend for themselves. However, due to the court order, this event could not be held. The order obtained by the police prohibited the event on the grounds it may cause disunity amongst different ethnic groups. This is an indication of how even the regular law can be used to stifle the freedom of association and freedom of expression, which are basic human rights. As an example, commemoration was defined by different courts differently in the North this year some allowing with conditions and others with refusal.

The Human Rights Organisation of Kandy reports that surveillance and harassment became more intense in 2021, when two staff members were summoned for questioning in Colombo by the Counter Terrorist Investigation Department (CTID) on two separate occasions. The government’s efforts to show commitment towards human rights needs to become more institutionalised and less ad hoc or dependent on personal goodwill. This will improve the prospects to retain GSP Plus.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

The challenge of keeping value-based politics alive

Published

on

Anti-migrant protests in Durban, South Africa. BBC

The current outbreak of anti-immigrant protests in Durban, South Africa is bound to have taken many a subscriber to value-based politics or political idealism quite by surprise. After all, this is evidence that despite the historic accomplishments of nation-builders of the stature of the late President Nelson Mandela it cannot be taken for granted that identity politics, including racism in its worst forms, is no more in South Africa.

At the time of this writing details are scarce on the substantive root causes of the protests but it could very well be that economic grievances, particularly on the part of the majority community in South Africa, are contributing considerably to the disaffection. Shrinking employment and material prospects are likely to figure majorly among the factors igniting the unrest.

Fortunately, the local authorities in Durban are losing no time in calling for peaceful co-existence among the relevant communities and are pointing to the vital importance of stepping-up national integration processes. Apparently, immigrants in sizable numbers from neighbouring countries are present in Durban. However, international TV footage of the protests quoted some local authorities as saying that the majority of the immigrants in some centres that housed them were not illegal migrants and had the documents that entitle them to be in Durban.

In the Durban protests the world has fresh proof of the socially divisive consequences of the gathering globe-wide economic disaffection, touched off particularly by the continuing crisis in West Asia. Going ahead, the world would need to brace for increasing identity-based unrest of the kind it is just witnessing in South Africa.

Considering that the material lot of ordinary people everywhere could only aggravate progressively, with the US and Iran showing no signs of negotiating an end to their confrontation any time soon, it will be left to the more democratic and progressive sections of the world community to initiate positive measures collectively to bring a measure of relief to the discontented.

The swiftness with which such relief will be provided would depend crucially on the importance those sections taking up these undertakings attach to value-based politics as opposed to Realpolitik of power politics.

Going by these yardsticks, Italy could be considered to be moving in the right direction. Recently Italy came to the fore in initiating the collective named, ‘Rome Coalition for Food Security and Access to Fertilizer’, which has as one of its aims the swift provision of fertilizer to economically weak African countries.

In a recent statement Italian Minister of Foreign Affairs and International Cooperation, Antonio Tajani, said that a principal aim of the project was to ensure that the farmers of Africa gained easy access to fertilizer, considering that food security is a growing concern among some of Africa’s economically vulnerable countries.

The statement went on to mention that some 30 countries hailing from the Mediterranean region, the Middle East, the Balkans as well as the FAO had been invited to join the coalition. The venture is far-seeing in that food security is main among the reasons for social discontent which in turn could degenerate into endemic political turmoil and bloodshed. Separatist violence and geographical fragmentation of countries wouldn’t be too far behind these developments, as Africa itself has often proved.

It is hoped that more G7 countries would take the cue from Italy and do what they could to ease the hardships of economically distressed countries, particularly of the global South. In these efforts they would need to break rank with the US, which is today brutally indifferent to the consequences of its policy of making ‘America First’, come what may.

Going by current developments, the Trump administration seems to be blithely oblivious to the wider, deleterious effects of its policy course in West Asia. Besides rendering Iran militarily and otherwise impotent nothing else seems to matter to Washington, as regards West Asia. This is policy short-sightedness of an extreme kind. After all, right now West Asia could be said to be sitting on the proverbial powder keg.

On the other hand, Iran is not giving the world the impression that it is doing anything constructive to get out of the policy straitjacket that it wove for itself decades ago. Rather than enter into a policy of ‘live and let live’ in relation to Israel in particular and initiate a process of reconciliation with the latter, it has chosen to operate within policy parameters that continue to damn Israel. This has put Israel always on the ‘defensive’ so to speak and prevented the opening up of space for meaningful dialogue.

That said, Israel is obliged to explore the possibilities of entering into a negotiatory process with the Arab-Islamic world that could lead to a de-escalation of tensions and bloodshed. It cannot continue to look at its neighbours through lenses that distort them as archetypal enemies who should be ‘wiped off completely from the face of the earth.’

In other words, the need is urgent for Realpolitik to give way to value-based politicks. Italy is beginning to prove that the latter approach could be pursued with some success. May be the EU and the UK could throw their weight behind these initiatives as well and establish that international politics could be refashioned on the basis of humane, civilized norms. The UN would need to be fully supportive of these moves and prove an organizational nucleus of the operations that follow.

In fact the time is ripe for people of conscience to collectively stand up on the side of peace and say ‘No’ to war and violence. Organizations such as the ICRC, the WHO and Medicines Sans Frontiers have already taken up this call. Referring to the widespread destruction of health facilities and their dehumanizing results these organizations have said, among other things, that ‘This is not a failure of the law. It is a failure of political will.’

True, ‘failure of political will’ among those powers that matter accounts for the runaway, uncontrollable nature of war and destruction in contemporary times, but more fundamentally it is a failure of the human conscience. It could very well be that the phenomenal levels to which violence and war have been unleashed today have had the effect of deadening consciences. This is a matter for urgent study and wide discussion.

Continue Reading

Features

Vesak celebrations … with Cuteefly

Published

on

Perfect for celebrations, gifts, and meaningful occasions // Gift pack

I would describe Indunil Kaushalya Dissanayaka as innovative and creative, and she operates under the name of Cuteefly.

Indunil always comes up with something novel to celebrate special occasions, and she does it with candles … and that’s her profession.

She was in the spotlight when she created a happening scene, with candles, for Christmas, Sinhala and Tamil New Year, and Valentine’s Day.

As lanterns light up Sri Lanka for Vesak, the Colombo-based candle maker is quietly turning wax and wick into little pieces of the festival.

Candles reflecting Vesak themes

Her candles reflect Vesak themes – light, peace, remembrance, giving, etc., to enable you to fill your Vesak celebration with devotion and beauty.

Among her Vesak creations is a lotus-shaped soy candle, scented with sandalwood, lavender, etc., meant to burn during this Vesak Poya Day.

Indunil Kaushalya Dissanayaka: Customers
praise her for her creativity

These handcrafted Vesak candles are perfect for offering at the temple, she says.

What makes her creations so novel is that they come in different shapes, scents, themes, and all are handmade.

What’s more, her customers have heaped praise on her for her creativity.

According to Indunil, her creations are perfect as a thoughtful gift … to bring beauty, unity, and light into every moment.

Says Indunil: “Our beautifully handcrafted Unity candles are designed with premium detail and love, making them perfect for celebrations, gifts, and meaningful occasions.”

Cuteefly, says Indunil, is available online.

Readers could contact Indunil on 0778506066 for more details.

He Facebook Page is: Cuteefly.

Handmade with love

Continue Reading

Features

Dark Spots …

Published

on

Yes, dark spots do crop up on the skin, especially with sun exposure and, of course, as the skin ages.

However, these tips should be of immense benefit to those who are faced with dark spots.

Lemon and Honey Glow Mask:

You will need 01 teaspoon lemon juice and 01 teaspoon honey.

Mix the lemon juice and honey well and then apply this mixture, only on the dark spots.

Leave for 10–15 minutes and then rinse with cool water.

Benefits:

Lemon helps brighten pigmentation.

Honey moisturises and heals skin.

Gives a natural glow.

* Aloe Vera Gel Treatment:

All you need is fresh aloe vera gel.

Apply the gel apply on dark spots, before going to bed.

Leave overnight and wash in the morning.

Benefits:

Reduces acne marks and pigmentation.

Soothes irritated skin.

Helps skin repair naturally.

Turmeric and Yoghurt Paste:

You will need 01 teaspoon yoghurt and a pinch of turmeric

Mix the yoghurt and turmeric into a smooth paste and apply on affected areas.

Leave for 15 minutes and then wash gently with lukewarm water.

Benefits:

Turmeric brightens skin naturally.

Yoghurt removes dead skin cells.

Helps fade dark spots gradually.

Use these packs 02-03 times a week as results are generally seen over time.

You can also try this out: Mix a ripe papaya into a smooth paste and apply to the face, or directly on to the dark spots. Leave for 15-20 minutes and then wash with lukewarm water.

Continue Reading

Trending