Connect with us

Features

Problems that will not just go away

Published

on

A petition against the PTA being signed in Colombo recently.

By Jehan Perera

Excerpts of the UN Human Rights Commissioner Michelle Bachelet’s latest report on Sri Lanka have been highlighted in the media. They indicate that the report is not favourable to the government.  This was to be expected.  Her 17-page report has found the government to be deficient in several areas. The most significant is the Prevention of Terrorism Act which became a central issue due to the EU’s warning that it expects the government to meet its international human rights commitments as a condition for continuing with the GSP Plus tax privilege. Both international human rights organisations and their local counterparts have been critical about the government’s efforts to amend the PTA. The worst feature of the PTA is that it permits the government to detain any person on suspicion of terrorism, which is vaguely and broadly defined, for an indefinite period of time.

Among the government’s amendments is provision for bail after one year of detention without charge. The question is whether this is adequate. One year is a long time to deprive a person of liberty without the presentation of charges, and on mere suspicion of an ill -defined activity.  There are a few hundred languishing under the PTA at present. These include young persons who had a WhatsApp messages they were circulating, and even the 76-year-old doctor in poor health who is claimed to be the mastermind behind several abortive bomb attacks. The PTA is being amended today in circumstances very different from when it was first introduced.  The Prevention of Terrorism Act was introduced to the Sri Lankan legal system as a temporary law to deal with a growing armed insurrection in 1979.  This point was brought out very forcefully in the Court of Appeal decision to release Hejaaz Hizbullah after he was detained for nearly two years.

In her judgement, Justice Menaka Wijesundera noted, “… four decades have passed, and the PTA has strayed far away from its historical context. The PTA, if in its application and implementation, creates a vicious cycle of abuse, the very purpose of the statute will be defeated. The Preamble of the Act refers to the affirmation that “… men and institutions remain free only when freedom is founded upon respect for the Rule of Law and that grievances should be redressed by constitutional methods…”  She added, “Ultimately, it is up to the legislature to ensure that the draconian elements of the law combating terrorism are dispensed with per modern day contexts. Until such time, it is the judiciary’s duty to employ existing legal provisions and constitutional powers to interpret the same elements in the interests of justice.”

POWERFUL STATEMENTS

In another powerful statement, Justice Rohini Marasinghe, Chairperson of the Human Rights Commission and former judge of the Supreme Court said, “Notwithstanding the amendments already suggested by the government, the HRCSL advocates the complete abolition of the PTA.”  She added that the Commission believed that the offence of terrorism should be included in the Penal Code with a new definition for terrorism.  In the face of the widespread rejection of the PTA, it will be imperative for the government either to repeal the PTA or to amend it extensively with the aim of protecting the human rights of citizens, meeting the expectations of the international community and securing the GSP Plus tariff concession.

In a step in the right direction President Gotabaya Rajapaksa has directed the police not to use the PTA as a shortcut to dispense with investigations under the criminal procedures code but only if there was a clear link to terrorism.  The addition of the President’s directive to the preamble to the PTA and to any legislation that will replace it will serve to further strengthen the power of the judiciary to scrutinise police arrests under such laws and prevent abuses.

Apart from working on the PTA and bringing it into conformity with international standards, the government needs to show progress on many other fronts. The High Commissioner’s report includes the use of former and present military persons to run civilian affairs and the threats to civil society to operate free from government control.  More significantly it notes that for the past two years the government has not formulated a formal, credible new road map for transitional justice and accountability. In addition, there are observations about lack of progress on a proper investigation into the Easter Sunday bombings.  The terminology of “transitional justice” has been used sparingly during the present period as it includes the concept of accountability for past human rights violations that the government denies more than it is prepared to accept.

LONG AWAIT

The concept of transitional justice essentially means dealing with the human rights violations that occurred during the war and finding solutions to them. This necessitates revisiting the past and ensuring that the truth about what happened is ascertained. But this leads to two further consequences. One is that those who did wrong and violated human rights or committed war time crimes are held accountable, which implies punishment, and that those who suffered and were victimized are provided with compensation to rebuild their lives to the extent possible and also to ensure that such violations do not recur in the future.

There are two state mechanisms that have been established for the purpose of transitional justice. They are the Office on Missing Persons (OMP) and the Office for Reparations (OR). They have yet to live up their promise. There are two important measures that the government needs to take for which these two mechanisms can be useful. The first is to meet the needs of the families of those who went missing in the war. Some of those who are missing are those who surrendered to the security forces in the last phase of the war so the government must know what happened to them. Their family members who still are living want to know if they are living or dead.

There is a similarity in the government’s failure to address this issue and its failure to address the issue of the Easter bombing.  In the case of the Easter victims, at least their families know the fate of their loved ones.  In the case of the war victims they cannot be sure.   Even though 12 years have passed since the war ended, they cannot be sure their loved ones are no more.  They still hope and believe that the children, husband or relative may be somewhere.   Those who lost their family members wish to know what happened and by whom.  Malcolm Cardinal Ranjith and the Catholic Church is not giving up on the need to know how the bombing was permitted to happen.  He said they will wait to know the truth and they will wait for justice. The Cardinal’s statement is applicable to the families of the war missing.  The government has to address these problems in a meaningful way in the interests of peace and reconciliation in the country as they will not just go away.



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