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Full understanding of Geneva Fiasco

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My intention in this brief note is to point out some important matters that Dr. Sarath Gamini de Silva has omitted, and also facts of history that he has not correctly interpreted in his letter titled “Problems in Geneva : Facts that brought us here” (The Island 26.02.2021). When one deals with the “facts that brought us here” with reference to the UNHRC Resolutions against Sri Lanka, the history, the nature and the present status of the Tamil Problem are of vital importance, as that problem is the core issue leading to the Geneva Fiasco. Further, an assessment of the UNHRC activities, particularly its lack of neutrality due to Western pressure and influence which has made Sri Lanka reject the Resolutions calling them a political campaign, is critical in a discussion of this subject.

The fact that Western powers use the UNHRC to exert pressure on Third World countries on the pretext of human rights, to make them do their bidding has been totally disregarded by Dr.S, while he finds fault with the Sri Lankan governments for not doing enough in the implementation of the UNHRC recommendations. Further, the fact that the Western powers make use of Tamils to destabilize Sri Lanka, as they did with the LTTE, to get it to fall in line and that Tamil separatists are willing partners in this project, has not been considered by Dr. S. It is naive to think that mishandling or not solving the Tamil Problem “brought us here” and resulted in Geneva Resolutions.

One cannot discuss Geneva disregarding the Tamil Problem. To understand the nature of the Tamil Problem, and why it remains apparently unresolved, one must examine its history and origin. It has its origin in Tamil separatism which dates back to 1930s. Tamil separatism is a Tamil construct. When independence for Ceylon was being considered by the British Raj, as it was uneconomical to maintain their empire, the Tamil leaders petitioned the British Government requesting a separate state for the Tamils. A case had been prepared for this claim well in advance. Mudaliyar C. Rasanayagam in his book titled “Ancient Jaffna” (1926) attempts to show that an independent kingdom existed in Jaffna before it was conquered by the Portuguese in 1619. This is a distortion of facts. Mudliyar Rasanayagam’s views on Tamil habitation in Sri Lanka have been proved to be baseless, and less than a scholarly discourse of the matter by Prof. K. N. O. Dharmadasa (2007). Prof. Indrapala Karthigesu’s research work had shown that there is no evidence of Tamil habitation in Sri Lanka before the 10th Century CE. If there were Tamil kings in Jaffna, there should be inscriptions in Tamil, but not a single one has been found. On the contrary the earliest inscription found in Jaffna could be attributed to a Sinhala king, Parakramabahu II, who ruled Jaffna from Polonnaruwa.

In this context, it is important to see how this issue is being pursued at present. Former Chief Minister Wigneshwaran, has called for the creation of a Federal State for the Tamils, and to substantiate his claim had made reference to the ancient Tamil Kingdom and he has said Mahawamsa is fiction.. TNA leader R Sampanthan, speaking in the Parliament on the 8th January 2020, drew attention to the hitherto unresolved Tamil man’s problem (The Island, 10.01.2020). He has said 85% of Tamils have voted against Gotabaya Rajapaksa, which he says is an indication that their problem has not been addressed and that the Tamils have at every election repeatedly voiced the need for a solution to their problem. Since most of the economic, social, political and cultural needs of the Tamil community, in the Sri Lankan context, have been sorted out, one wonders what other grievances could be bothering the Tamils. However, when one reads Sampanthan’s speech, one would understand that his problem is the nature of the state of Sri Lanka as defined in the present constitution. What he wants obviously is to replace the word “unitary” in Chapter 1 Clause 2 of the Constitution, with the words “united, undivided and indivisible”. These words place the single sovereignty concept in jeopardy, and opens the way to federalism and separatism.

The above facts show how the Tamil leadership has made the Tamil Problem an intractable issue. Dr. S says, successive governments have failed to discuss these matters beginning from early times, and points out that the “50- 50” demand made by GG Ponnambalam, in 1939 in the State Council, and then to the Soulbury Commission in 1945, should have been discussed. When 50% of representation for the minorities is demanded disregarding population ratios, which is a crucial factor in universal franchise, could it be discussed? Similarly could the Thimpu Principles of recent times (1985) which the Tamils said were non-negotiable be discussed? Further, the TNA has submitted its proposals to the Experts Committee drafting the new Constitution, and these amount to a demand for an almost separate state for the Tamils. Are the Tamils serious in negotiating a solution?

The UNHRC Resolution 30/1 and the subsequent resolutions on Sri Lanka were sponsored by the Western countries, who indirectly supported LTTE terrorism and almost stopped the war being conducted to its finish. The Resolutions are biased because they make unsubstantiated accusations that the Sri Lankan armed forces have committed war crimes and these have to be investigated by international judges. No examination of the witnesses by the defense is allowed. Further no consideration whatsoever has been given to the available evidence that shows no war crimes have been committed by the armed forces. The evidence provided in the diplomatic dispatches filed by Lt. Col. Anthony Gash the Defence Attache of the British High Commission, and the revelations by Lt. Col. Lawrence Smith the Defence Attache of the US Embassy, which could be considered as reliable as these officers were aware of the ground situation during the final stages of the war, have totally been disregarded by the UNHRC and the sponsors of the Resolutions. Recently Lord Naseby has written to the UNHRC about these evidence, and he has brought these facts to the notice of the British House of Lords.

Is it such a UNHRC and its dubious resolutions that Dr. S wants our government to take seriously as the “day of reckoning” closes on us as Dr. S puts it? Does Dr. S think that the West is genuinely motivated by human rights issues? Surely he knows that they are the worst HR violators. Would the West withdraw these resolutions if we implement their recommendations? As a matter of fact, had we agreed to sign the MCC, ACSA and SOFA agreements of the US there would be no resolutions against Sri Lanka. And Mitchel Brechtlet would play a different tune. UNHRC Resolutions against Sri Lanka are nothing but tools of hegemony and imperialism.

Further the International Community, whose opinion and dictate Dr. S wants our government to pay heed to while dealing with human rights and UN Resolutions, is nothing but the Western power block, which uses human rights as a bludgeon against small countries while murdering millions of civilians all over the world. Is China with the largest population or Russia the largest country included in this International Community. The UK just a few weeks ago passed a law prohibiting accusation of war crimes against their armed forces. And their armed forces are not innocent of war crimes either, their brutal excesses in Iraq are well known. And it is the UK that led the crusade against Sri Lanka in Geneva.

It is very easy to say that if the government looks after the minorities there would be no Geneva resolutions against us. But when we are dealing with minorities who know that they can exploit the geo-political situation that exists in the Indian Ocean region to their advantage, by helping the West to get a grip on the strategically situated Sri Lanka, it is difficult to negotiate a solution that would be fair by all stakeholders. The Tamil separatists know this and they will make the Western powers pressure the Sri Lankan government to give in to their demands. The minorities will want to dictate terms and get their pound of flesh. However, the minorities must realize that everybody stands to lose if the imperialist West is allowed to take a stranglehold on our country. Tamils must give up their campaign which they started before the time of independence, and ask for a reasonable and realistic solution.

 

N.A.de S. AMARATUNGA



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Opinion

Boxing day tsunami:Unforgettable experience

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The aftermath of the 2004 tsunami. (Picture Sena Vidanagama for AFP)

The first and only tsunami that Sri Lanka experienced was on Boxing Day(26th) of December 2004. My wife and I, as usual, went down to Modara in Moratuwa to purchase our seafood requirements of seafood from our familiar fishmonger, Siltin, from whom we had been buying fish for a long time. Sometimes we used to take a couple of friends of ours. But on this day, it was only both of us that went on this trip.

We made our purchases and were returning home and when we came up to the Dehiwala bridge, many people were looking down at the canal from both sides of the bridge. This was strange, as normally if there was something unusual, it would be on one side.

Anyway, we came home unaware of anything that had happened. A school friend of mine (sadly he is no longer with us) telephoned me and asked whether I was aware of what had happened. When I answered him in the negative, he told me to switch on the TV and watch. Then when I did so and saw what was happening, I was shocked. But still I did not know that we had just managed to escape being swept away by the tsunami.

Later, when I telephoned Siltin and asked him, he said that both of us had a narrow escape. Soon after we had left in our car, the tsunami had invaded the shore with a terrifying wave and taken away everything of the fishmongers, including their stalls, the fish, weighing scales and money. The fishmongers had managed to run to safety.

This had been about five minutes after we had left. So, it was a narrow shave to have escaped the wrath of the demining tsunami( the name many Sri Lankans came to know after it hit our island very badly}

HM NISSANKA WARAKAULLE  

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Opinion

Shocking jumbo deaths

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Revatha, one of five electrocuted in North Central province. Image courtesy of Mahinda Prabath. (It first appeared in Mongabay)

Sri Lanka has recorded a staggering 375 elephant deaths in the past eleven and a half months due to a multitude of causes, according to the Department of Wildlife Conservation.   U. L Thaufeeq, Deputy Director – Elephant Conservation said the deaths include 74 from gunshots, 53 from electrocution, 49 from hakka patas (explosive devices hidden in food), seven from poisoning, 10 from train accidents, three from a road accident, and six by drowning. It makes such diabolical reading!

“The causes of other deaths are due to natural causes or causes that could not be identified. Most of the elephants that died were young,” the official said.

Meanwhile, the human-elephant conflict has also taken a toll on people, with 149 human deaths reported this year.

Accordingly, human-elephant conflict has resulted in 524 deaths of both elephants and humans in 2024.

In 2023, a total of 488 elephants and 184 people have died consequent to the conflict, according to Wildlife Department statistics.

The human-elephant conflict in Sri Lanka has escalated to unprecedented levels with reasons like habitat destruction, encroachment, and the lack of sustainable coexistence measures contributing to the issue.

This is an indictment of the Wildlife Department for just giving the sad yearly statistics of shocking losses of our National treasures !

Given the fact that Sri Lanka boasts of 29.9% of the country declared as protected forests, Sri Lanka is a haven for nature lovers. Boasting 26 national parks, 10 nature reserves including 3 strict nature reserves, and 61 sanctuaries, the national parks in Sri Lanka offer an incredible variety of wildlife experiences.

Taken in that context, the million dollar question is why on earth the Wildlife Department is not being proactive to capture these magnificent animals and transport them into protected sanctuaries, thus effectively minimising dangers to villagers ?

Being a Buddhist country primarily, to turn a blind eye to these avoidable tragic deaths to mankind and wild elephants, we should be ashamed !

As a practising Buddhist myself, I think our clergy could play a major part in calling upon the Wildlife Department to get their act together sooner rather than later to protect human elephant conflicts !

Sri Lanka being a favourite destination amongst foreign tourists, they are bound to take a dim view of what is happening on the ground!

If the top brass in the responsible department are not doing their job properly, may be there is a case for the new President to intervene before it gets worse!

All animal lovers hope and pray the New Year will usher in a well coordinated plan of action put in place to ensure the well being of wildlife and villagers !

Sunil Dharmabandhu
Wales, UK

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Opinion

Laws and regulations pertaining to civil aviation in SL, CAASL

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This has reference to the article from the Aircraft Owners and Operators Sri Lanka, titled ‘Closer look at regulatory oversight and its impact on Tourism’, published on Tuesday, 24th December 2024.To explain further, in the beginning there was the Air Navigation Act No 15 of 1950 which was followed by the Air Navigation Regulations (ANR) of 1955. This was long before the national airline had acquired pressurised aircraft, intercontinental jets, sophisticated navigation equipment, satellite communication and automatic landing systems, and ‘glass’ flight-deck instrumentation.

Today, civil aviation in Sri Lanka is governed by Civil Aviation Act Number 14 of 2010. Yet the Air Navigation Regulations (ANR) promulgated back in 1955 remain in force.

These outdated regulations still stipulate rules forbidding the carriage of passengers on the airplane’s wings or undercarriage (landing gear). In short, they are neither practical nor user-friendly. In contrast, the Air Navigation Regulations of other countries have progressed and are easy to read, understand, and implement.

To overcome the problem of outdated regulations, as an interim measure in 1969 the then Minister of Communications and Transport, Mr E.L.B. Hurulle issued a Government Gazette notification declaring that the Standard and Recommended Procedures (SARPs) in Annexes to the ICAO Convention signed by Ceylon in 1944 shall be made law.

Even so, nothing much was done to move with the times until updating of the Civil Aviation Act 14 of 2010, while the Air Navigation Regulations remained unchanged since 1955. However, these regulations were modified from time to time by the promulgation of Implementing Standards (IS) and General Directives (GDs) which were blindly ‘cut and pasted’ by the Civil Aviation Authority of Sri Lanka (CAASL), from the ICAO (International Civil Aviation Organisation) Annexe ‘SARPS’ without much thought given. To date there are literally 99 IS’s starting from 2010.

The currently effective air navigation regulations are not in one document like the rest of the world, but all over the place and difficult for the flying public to follow as they are not regularly updated. This sad situation seems to have been noticed by the current regime.

The National Tourism Policy of the ruling NPP states, “Domestic air operations are currently limited due to high cost and regulatory restrictions. The current regulatory and operational environment will be reviewed to ensure domestic air connectivity to major tourist destinations. The potential of operating a domestic air schedule with multiple operators is proposed. Additionally, domestic airports and water aerodromes in potential key areas will be further developed, for high-end tourism growth.”

 “The tourism policy recognises Sri Lanka’s potential to develop Sri Lanka’s aviation-based specialised tourism products, including fun flying, hot air ballooning, paragliding, parachuting and skydiving, and scenic seaplane operations. To facilitate the growth of these niche markets, existing regulations will be reviewed with the aim of attracting capable investors to develop and operate these offerings.”

It remains to be seen whether the NPP government lives up to those promises.

Note:

That OPA report talks of two funds: ‘Connectivity’ and ‘Viability’ for a limited period like three or five years to help jump-start the domestic aviation industry.

The ‘Connectivity Fund’ will cap the seat price for local passengers to a more affordable value to destinations while the ‘Viability Fund’ will assume that all seats are occupied and compensate the operator for any unutilised seat. The intention is to popularise domestic aviation as a safe, quick and convenient mode of transport.

Capt. Gihan A Fernando
RCyAF/ SLAF, Air Ceylon, Air Lanka, Singapore Airlines and Sri Lankan Airlines.
Now A Fun Flier

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