News
96 university teachers demand release of Hejaaz Hizbullah…
A group of 96 university teachers has called for the release of Hejaaz Hizbullah and Ahnaf Jazeem,. They have, in a statement titled, ‘A call to action against the detention of Hejaaz Hizbullah and Ahnaf Jazeem, anti-Muslim violence, and attacks on democracy’, asked for a ‘halt to undemocratic actions by government actors, a repeal of the PTA and other laws that are contrary to the principles of democracy, and ask that the public demand accountability”.
The full text of the statement: “Decades of majoritarian politics, and the more recent descent towards authoritarianism and militarisation, have eroded the foundations of our democracy. They have numbed us to the violence in our daily lives and desensitised us to how sections of our citizenry are targeted. Over a year has passed since Hejaaz Hizbullah and Ahnaf Jazeem were arrested, and they remain imprisoned to date.
“On April 14, 2020, human rights and constitutional lawyer Hizbullah was arrested by the Criminal Investigation Department (CID) and detained under Section 9 of the Prevention of Terrorism Act (PTA) for over 10 months. At the time of arrest, his alleged crimes were “aiding and abetting” one of the Easter Sunday bombers. It later transpired that he represented the family in two land cases. He is now being charged with speech related offences under Section 2(1)(h) of the Prevention of Terrorism Act (PTA) and Section 3(1) of the International Covenant on Civil and Political Rights (ICCPR) Act. These are based on statements made by minors to the CID, which the children maintain they were coerced and threatened to make.
“On May 16, 2020, the Police Counter Terrorism Investigation Division (CTID) arrested Jazeem, a poet and teacher from Mannar, on allegations that his book Navarasam contained “extremist ideas” and that he taught “extremism” to students. A review of the poems by an “expert panel” of psychiatrists, some with university affiliations, makes vague claims about the potential of the book to incite violence, hatred, and suicidal thoughts. Their report fails to provide the basis or justification for these judgments and even says that there were two discrepant sets of translations (Sinhala and English from the original Tamil)at their disposal, which fact should have called the entire operation into question. Contrary to the allegations of the CTID, recent translations reveal that the poems were deeply critical of violence.
“Hizbullah’s arrest and continued detention is an attack on the rights of lawyers and the rule of law. Jazeem’s arrest and continued detention without charge represents, in addition, an attack on the freedom of expression and pluralism, and a broader war on ideas. As can be seen from the progress of the two cases, the rights of Hizbullah and Jazeem have been clearly violated, and questionable tactics have been and continue to be used to manufacture the cases against them. In custody, their basic needs for health and safety have been neglected.
“The incarceration of Hizbullah and Jazeem occurs in the backdrop of highly organised anti-Muslim mobilisations designed to stigmatise and isolate Muslim communities. Violence and intimidation continue, bolstered by the government’s complicity in these acts in the name of “national security”. In March 2021, the Minister of Public Security announced plans to shut down 1,000 madrasa schools and ban the burqa. A month later, the Cabinet approved the ban on all forms of face veils in public spaces, and, in May, the Deputy Director of Customs announced that any Islamic religious texts brought to the country must be cleared by the Ministry of Defence. These actions further criminalise one for being Muslim and are an assault on our democratic freedoms.
“Anti-Muslim sentiments guide the state COVID-19 response as well. Last year, at the height of the pandemic, the Ministry of Health adopted a mandatory cremation policy for the COVID dead, despite WHO guidelines to the contrary. The policy was backed by “experts”, including those from universities, citing unsubstantiated public health concerns, with crass disregard for the strongly followed religious tradition among Muslims of burying their dead. Today, burials are permitted, but restricted to a Muslim-populated area – Ottamavadi, Batticaloa –signalling that only Muslims must contend with the albeit unlikely threat from their dead. The burial issue was only one of the more flagrant of attempts to weaponise the pandemic against Muslims. The state machinery, through statements and actions of doctors, PHIs, politicians, military personnel, and state-controlled media pushed a narrative of Muslims as super-spreaders.
“These trends are not new. They are a continuation of heightened violence against Muslims that spans a decade. Starting in 2012,organised attacks on mosques and demonstrations against Muslims, including an anti-Halal campaign, culminated in horrific acts of violence, including the Aluthgama and Digana riots. In parallel, highly politicised campaigns have targeted Muslim individuals; for instance, Dr.Shafi Shihabdeen was arrested on false allegations of forced sterilisation, and activist Ramzy Razeek was detained for condemning the anti-Muslim witch-hunt post Easter Sunday bombings. Unlike the zeal with which these cases are pursued, state institutions responsible for ensuring public safety have failed to prevent anti-Muslim violence, and no one has been held accountable so far.
“The targeting of Muslims occurs in a context of increasing authoritarianism and militarisation which have served to weaken democratic institutions. We have witnessed the remanding of former Director, CID, Shani Abeysekera, who had investigated high-ranking officials and politicians, author Shaktika Sathkumara, for purportedly anti-Buddhist writings, and many others. The PTA is wielded as a tool of politicisation and arbitrary power, alongside the Emergency Regulations and the ICCPR Act. They are deployed in majoritarian campaigns against minorities, to attack those opposed to the regime in power, and crush dissent, casting doubt on state institutions and the judicial system.
“Academics are mandated to exercise and safeguard free speech and expected to confront and question the excesses of those in power. As members of public higher educational institutions, we must support and amplify the voices of the marginalised. Having learned from the devastation caused by uneven justice, majoritarian politics, and racist rhetoric, and knowing the insecurity and fear that some of our citizens live with on a daily basis, we must resist these attacks. We believe that allowing these actions to continue with impunity implicates us all.
“We, the undersigned, as members of the academic community, demand the immediate release of both Hizbullah and Jazeem, and call attention to the fact that their arrests have taken place in a context of unrelenting anti-Muslim mobilisations that are tearing our social fabric apart. We are deeply worried about the continuing deterioration of the criminal justice system and the institutional decay it more broadly signals, as these developments are also symptomatic of a gradual hollowing out of the democratic bases of society. We, therefore, call for a halt to undemocratic actions by government actors, a repeal of the PTA and other laws that are contrary to the principles of democracy, and ask that the public demand accountability. Finally, we call on the greater academic community to broaden this struggle to ensure that we fulfil our mandate and exercise our academic freedom in the pursuit of democracy and justice for all.”
News
INS Airavat makes port call in Colombo
The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.
INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.
During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.
The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.
News
BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges
… tells Prez such arbitrary change neither necessary nor desirable
The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.
In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.
The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.
It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.
To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.
Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.
Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.
Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.
If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.
The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.
The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.
In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.
We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”
Govt. declines to respond
A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.
News
New US tariffs proposed on 60 countries, including Sri Lanka
12.5% additional duties on goods imported from Colombo
The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in goods made with forced labour.
The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.
The USTR said it determined that it would impose 10% duties related to the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.
The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.
“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”
According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.
The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.
Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.
The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports to enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.
The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.
On Monday, the USTR proposed a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into the buildup of excess industrial capacity in 16 trading partners, including China.
In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.
The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.
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