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Best time to secure civil society space and independence

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By Jehan Perera

The government has sent its “A Team” to Geneva to face the international human rights community and the UN Human Rights Commission. The UN High Commissioner for Human Rights Michelle Bachelet has raised concerns about the lack of accountability in Sri Lanka. In her report, Bachelet said human rights violations and abuses were continuing to spread throughout the country. She attributed that to the failure of the government to carry out necessary reforms to its legal, institutional and security sectors. She said the government had shown some willingness to initiate reforms. However, she said the steps taken so far have done little to address past human rights violations or redress the harm done to victims.

In the meantime, the government is trying to manage the economy, including the long-postponed decision of whether to go to the IMF or risk economic collapse. The government’s team to Geneva consists of Prof G L Peiris, now Foreign Minister and previously university professor, vice chancellor and author of textbooks on law that continue to be valued even today, decades later. Accompanying Prof Peiris to Geneva is Justice Minister Ali Sabry, who has demonstrated prowess in administration, having previously been a practising lawyer, who is now leading the process of reforming over 80 laws in the country that have been stagnant from British colonial times with the support of teams of practicing lawyers and academics.

 The other important member of the government team going to Geneva is Foreign Secretary and former Naval officer, Admiral Jayanath Colombage who transformed into a professor of international relations. It was he who took the initiative to reach out to that section of Sri Lankan civil society that was perceived as being hostile to the government. In the aftermath of the threat from the European Parliament to deny the country the GSP Plus export benefit, he commenced a dialogue that was soon expanded to include senior government ministers, including the Finance Minister, Internal Security Minister and the President. This resulted in a considerable change in perception on both sides and a reduction in the mutual enemy image.

 MORE TIME

One of the most important outcomes of the meetings initiated with civil society has been the shifting of the NGO Secretariat from the Defence Ministry to the Foreign Ministry, which takes away the possible emphasis of the notion that civil society is a threat to national security. After this shift, the NGO Secretariat is no longer adopting the pugnacious stance towards peacebuilding and reconciliation that it previously did. Another positive outcome of the meetings between the civil society group and government ministers has been the release of several persons detained for long periods of time under the Prevention of Terrorism Act, which has since then facilitated the further releases of detainees on bail applications.

 The report of the UN Human Rights Commissioner, which has now been made publicly available, has a large number of observations regarding shortcomings, failures and violations in both past and current periods that the government has failed to address. Along with this, there is also acknowledgement that the government has made some progress in addressing some of these issues. It would have been better if civil society recommendations with regard to the Prevention of Terrorism Act had been taken on board by the government. It may then not have had to face the criticism that its amendments are superficial, so much so that the country’s Human Rights Commission has made a call that is unprecedented for a state institution for the PTA’s total repeal. There is a likelihood that the UN Human Rights Council will give more time to the Sri Lankan government to address the issues outlined. Such a process-oriented approach would also influence observers such as the EU which is contemplating whether to discontinue the GSP Plus benefit, to postpone its decision.

 It is reasonable to believe that in a context in which the international community’s attention is riveted on the Ukraine war, the issue of past and present human rights violations in Sri Lanka will not be as compelling as it might have been. When human rights are being violated on a large scale in Europe itself due to the miscalculations on the part of different members of the international community, and the blatant refusal to heed appeals on the part of the Russian leadership, the statements and approach of the Sri Lankan delegation will come across as reasonable in the face of the grossness of the situation in Ukraine. The Sri Lankan approach is likely to be one that is responsive to international concerns, at least in attitude and words which is immediately visible.

 The likely outcome of the UNHRC session in Geneva this month will be a further period of time being given to the Sri Lankan government to deliver on its commitments, even while the monitoring mechanism set up by the UN Human Rights Commissioner is also provided with more financial support to continue with its monitoring. Among the issues being monitored is that of the harassment and surveillance of civil society organisations. The space for civil society has always been a threatened one regardless of the government in power, which invariably resents the criticisms and alternative views put forward and campaigned for by civil society groups. Civil society groups such as the CSO-NGO Collective which commenced its educational programme in the Anuradhapura district can seek to use this opportunity to ensure that the rights of civil society are entrenched in the law of the land, and particularly in the constitution.

 NGO CONTROL

 Consultations with civil society organisations at the district level, such as at Anuradhapura last week, show that civil society space is being circumscribed due to actions by state actors.  Civic groups, whether in the North, East or south complain of constant surveillance by security forces and intelligence agencies of the state. These surveillance and questioning may not seem so intimidating to south-based organisations, but they are intimidating to civil society groups in the North and East as they are viewed with more suspicion as being potential security threats than their counterparts in the south. On the other hand, civil society groups in the south feel that the government administrators and politicians are sometimes prejudiced against them as they perceive them to be critics of the government.

 By definition, civil society space is the space that is not occupied by the government and the private (profit making) sector. The entry of the government into civil society space to control and regulate them is harmful to the rights to freedom of association and expression that is at the heart of democracy. Unfortunately, an increasing number of international agencies that claim to be supporting the protection of civil society, have been pressured to permit government members to sit on their decision- making bodies with regard to their support to civil society. This is leading to situations where international support to civil society is being determined by the government members of those committees which erodes the very civil society space that these international agencies say they wish to strengthen.

 There remains a threat to civil society space that lies in the not-so-distant future. The NGO Secretariat has been giving leadership to formulating a new NGO control law in which the chief architects are strong ethnic nationalists and those who are critics of civil society. The development of this legislation is taking place without transparency and in secrecy.  The Cabinet of Ministers approved a draft law to be sent to the Legal Draftsman, but obtaining this document has proven to be impossible. Not even requests to government ministries, filed under the Right to Information Act, have been successful at unearthing this document. This particular time, when the government is attempting to convince the international community that it is sincere about its commitments to democratic freedoms and to human rights, is the best time to ensure that the coming NGO law assures the independence of civil society rather than seek government control over it.



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The Division Bell Mystery

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Tales of Mystery and Suspense 3

The murder, in a private dining room in the house, is of a financier with whom the government was negotiating a loan. When this seemed difficult the Minister of Home Affairs agreed to lead discussions, since he had known Mr Oissel the financier when they were young. Hence the private dinner, but when the Minister stepped out for a vote, Oissel was shot just as the Division Bell rang.

The Brahms and Simon detective novels, the first of which I wrote about last week, were amongst several books by the pair that Robert Scoble gave me when I was in Australia towards the end of last year. Amongst them was another thriller of a very different sort, though that too was written and set between the wars.

Called The Division Bell Mystery, it was set in the House of Commons, the first such book I believe, and was by Ellen Wilkinson, a Labour MP who became Minister of Education in Attlee’s government after the war, having served previously as Parliamentary Private Secretary to several ministers. Her hero Robert West is also a PPS, but a conservative, and his Minister, of Home Affairs, is an old style aristocrat, not much loved by the less orthodox Prime Minister, who nevertheless needs his support on many occasions.

The murder, in a private dining room in the house, is of a financier with whom the government was negotiating a loan. When this seemed difficult the Minister of Home Affairs agreed to lead discussions, since he had known Mr Oissel the financier when they were young. Hence the private dinner, but when the Minister stepped out for a vote, Oissel was shot just as the Division Bell rang.

West was just outside the door when the shot was heard, and when he opened it saw only the dead body with a revolver beside it. The assumption that this was suicide was however challenged by Oissel’s grand-daughter Annette, who was his heir, on the grounds that he would never have killed himself. But her view was given greater credence by the Inspector put in charge of the case who said there were no burn marks on the body which would have been the case had Oissel fired the pistol himself.

Matters are complicated by the fact that Oissel’s flat had been burgled while he was at dinner, and Jenks the policeman allocated to him, who had served the Home Secretary and seemed more acceptable to Oissel than someone from the Security Service, had been killed. Matters get even more complicated when Annette says her grand-father’s notebook in which he wrote his secrets in cipher was missing.

That was found in Jenks’ pocket, and then a photographer came to West to say he had been asked by Jenks to photograph this. More worryingly for West, he finds in the Home Secretary’s drawer a few pages from the notebook with what appears to be an interpretation of the cipher.

Ellen

Overwhelmed by all this he confides in a recently created peer who knows all about the business world, who insists that they leave the house party at which they had met over dinner and discuss the matter with the Prime Minister who promptly summons the Home Secretary.

But the Home Secretary had gone to Scotland to launch a ship over the weekend, so the meeting could take place only on the morning of the Monday, when difficult questions were expected on the adjournment motion. He admits at the meeting that he had got Jenks to take the notebook, and also that he knew the code since it had been created by him and Oissel when they were young.

He thought he should resign, and even contemplated suicide, but the Prime Minister told him that that would be even worse for the government, and that he should go home to bed. The Prime Minister said that he himself would handle the question, which he did with aplomb, insisting that confidentiality was needed until the inquest. What had happened would be made clear then, he declared, leaving West and Inspector Blackit and Lord Dalbeattie what seemed the impossible task of solving the murder.

Dalbeattie had suggested that West ask a female Labour MP who was very fond of him to get what information she could from the staff. That there was some involvement there had become clear when West, going back late one night to collect a briefcase he had left in a dining room, found someone lurking in the dark in the corridor outside the private rooms. Room J, where the murder had happened, was meant to be guarded throughout by a policeman, but he had left the room having felt dizzy, and it seemed that his coffee had been drugged. West’s sudden appearance however had prevented anyone else getting into the room.

Dalbeattie decides to recreate the scene of the murder and has a dinner party in Room J on the Tuesday night, inviting West and Annette and the society hostess at whose house he had met, and also Patrick Kinnaird, an MP who was engaged to Annette, as well as the Permanent Secretary to the Home Ministry.

After coffee Inspector Blackit comes in with Grace, the Labour MP who had got the confidence of the staff, and a journalist who had also been helpful, and just as they say they think they are on the track the division bell rings. Grace jumps up and tells the Inspector that that provides the solution and they get a ladder, and sure enough find the revolver in the space where the bell is. Directed at the place where Oissel had sat, it had been primed to go off with the ringing of the bell. The waiter who had helped to set things up made clear who the murderer had been.

The reason for the murder and the confused motives of all those involved made for a fascinatingly intricate mix. But also impressive in the book were the descriptions of the isolation possible in the crowded premises of the house, the forceful characterization of the members – Grace based on the writer, the society hostess based on Nancy Astor, the first female MP – and the laid back nature of senior politicians which West realized had to change in the brave new world of high finance.

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The challenge of keeping value-based politics alive

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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.

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Vesak celebrations … with Cuteefly

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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

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