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A German Analyst’s View on the Eelam War in Sri Lanka

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by Mathias Keittle

Sri Lanka eliminated a dreaded terrorist group, with intricate global links, but receives little credit for it. Unlike elsewhere in the world, Sri Lanka has succeeded in resettling 300,000 IDPs (Internal Displaced Persons). There are no starving children for the NGOs to feed but this gets ignored. Sri Lanka has avoided mass misery, epidemics and starvation but the West takes no notice of this. Sri Lanka has attained enviable socio-economic standards for a developing country while eliminating terrorism but gets no acknowledgement. The Government of Sri Lanka and its President continue to enjoy unprecedented popular approval through democratic elections but this is dismissed. The economy is functional, but remains not encouraged by the West.

Background: After 27 years of bloody conflict Sri Lanka’s internal mayhem came to an end with the comprehensive defeat of the Tamil Tigers. In an Alice in Wonderland scenario, the country changed from an environment of unconstrained fear and uncertainty to peace and utter relief overnight. Thousands poured out on to the streets to celebrate in an outpouring of incomparable joy and restaurant keepers spontaneously distributed food to all passersby along busy thoroughfares.

Over the following months approximately 300,000 IDPs were returned to their own towns and villages, admittedly not to the best of living conditions. But one has to remember that their circumstances were hardly comfortable under the iron rule of the LTTE (Tamil Tiger Terrorist Group) for close to 27 years or as they were herded from one tent camp to another as a human shield and a bargaining chip by the retreating LTTE.

The LTTE had also removed roofing material from houses to prevent the return of their human shield to their homes. The captured child soldiers (approximately 600) have undergone rehabilitation and have returned to their communities. UNICEF documented 5,700 child recruits by the LTTE. Of the 11,700 former LTTE combatants, over 7,000 have been returned to their communities after rehabilitation despite the real risk of some returning to the only profession that they had been trained in – that of being trained killers.

The risk is magnified by the fact that caches of buried weapons continue to be unearthed in the North and the Tamil militants in the West continue to drum up separatism and violence from their safe havens. The continued presence of the military in the North is naively criticized, but the above background factors are ignored. Only a fraction of the detainees will face trial as the evidence against the rest may not be adequate to satisfy the evidential requirements of the courts. A vast effort has been undertaken to restore the economy of the North and huge sums are being pumped in for the purpose. All this receives hardly a mention in the West while an intense campaign is being orchestrated to pin down individuals allegedly guilty of war crimes and human rights violations.

This must surely be the only case in history that a winner in a conflict has been hounded in this manner to account for alleged war crimes and breaches of human rights in the process of winning the conflict – leave alone defeating a ruthless terrorist group. There have been no such demands made following World War II, or after the Korean Conflict, after Vietnam, after Gulf War 1, the continuing occupation of Afghanistan or Iraq. Remarkably, all sorts of people have flocked together to demand accountability from Sri Lanka.

It cannot simply be that they all were encouraged by the sexiness of the subject or simply by the nobility of advancing humanity’s highest ideals. The Reasons: It is difficult to pin down one reason for this attitude of a number of key Western countries and some high profile individuals. Were pure principled attachment to humanitarian standards the reason, then Sri Lanka would, in their view, appear to be the one egregious offender in the whole world. This obviously cannot be the case. But Sri Lanka is certainly a developing country from the non-Western world and hence easier to beat up. Sri Lanka also was unusual in not responding positively to intense pressure when a number of Western leaders demanded a ceasefire towards the very end of the conflict and this refusal set an uncomfortable precedent.

Bernard Kouchner, David Miliband and Hillary Clinton, all demanded a ceasefire which Sri Lanka rejected. Both sides had good reasons for the approaches that they adopted. Sri Lanka had the Tamil Tigers on their haunches and victory after 27 years of brutal bloodshed was temptingly within grasp. The Western leaders were under intense pressure to intervene from the Tamil Diaspora, which wielded enormous financial and some political clout. Cities like Toronto, London, Melbourne and Sydney were brought to a standstill by massive Tamil demonstrations. During his visit to Sri Lanka in the middle of May 2009, David Milliband was told in no uncertain terms to butt out and mind his own business by the Sri Lankan leadership and may not have forgiven this slight by the former colonial minion.

The US proposed an evacuation of the trapped civilians and, perhaps the LTTE leadership, using its naval assets and this was rejected both by India and the Sri Lankan Government. There were predictions of a blood bath and, at the time, no one claimed that it actually happened. (Subsequently and, suspiciously, evidence began to be produced by interested parties to establish that a blood bath did actually happen!). Interestingly, allegations of war crimes and human rights violations have emerged from countries that have provided refuge to massive numbers of Sri Lankan Tamils. Many have used the then existing violence as a basis for their claims for refugee status.

The LTTE raised large amounts of money from the Diaspora to fund the war effort. Today these funds are used to advance their cause. Tamils for Clinton contributed substantially to her campaign until this was brought to public attention and the funds were returned. The LTTE has quietly funded politicians in many Western countries and continue to do so. The US lawyer, Bruce Fein, is funded by the Tamil Diaspora. The liberal end of Western politics, ever ready to champion the underdog, was a willing champion of the Tamil Diaspora cause. The shadow LTTE incessantly targets the media and the diplomatic community in Colombo.

The availability of funds, articulate advocates, the liberal tendency to take up the causes of apparent underdogs, horror stories, real or concocted, sympathetic journalists who were ever ready to use their privileged position in the Western media to support the cause, the sense of unhappiness with Sri Lanka among liberal political leaders in the West, the slow pace with which Sri Lanka countered some of the issues, were a cogent mix to activate the major humanitarian NGOS in the West. Many Western journalists unashamedly adopted the ‘Tamilnet’ version of the conflict and were willing to use influential Western newspapers (London Times, Sydney Morning Herald, The Age) to propagate the version fed by the ‘Taminet’.

It would also seem that a not so subtle campaign is being mounted against the Sri Lankan leadership, orchestrated by elements of the Tamil Diaspora and picked up by the Western media. The settling of scores by using the international community, now that the battle on the ground has been lost, appears to be the major objective. Efforts persist to pin charges of war crimes and human rights violations, on the basis of unsubstantiated allegations and innuendo. This powerful surge is further augmented by allegations of abuses, corruption and nepotism. If these allegations stick, it would be a short step to drag Sri Lankan leaders before international tribunals. Recent history suggests that some allegations get a life of their own by the simple process of repetition. The Machiavellian story line is simple. “The Sri Lankan Government deliberately set about using its military to target the Tamil population of the North and killed thousands in the process”. This line is repeated for effect while the authenticated history of the LTTE’s murderous bombing campaign targeting civilians over a period of 27 years and killing thousands, the recruitment of thousands of children as child soldiers, the murder of dozens of moderate Tamil leaders, the extortion of millions from Tamils around the world, the ethnic cleansing of the Northern Province, the deliberate destruction of UNESCO protected places of worship, the deliberate and cynical use of thousands as a human shield, the human trafficking and the drug trafficking are air brushed as the frenzied campaign is cranked up using NGOs, eminent persons and the media to establish human rights violations and war crimes by the Government.

The focus is deliberately shifted from the murderous Tigers to the Government and these allegations are designed to stay around for a long while. The one goal of this campaign appears to be to punish the Government leadership, in order to avenge the defeat of the murderous Tigers, if not today then at some later time. A lie repeated often enough acquires a life of its own. This also gradually contributes to causing feelings of discomfort and doubt in the minds of ordinary Sri Lankans whose confidence in their Government, unshakable at present, could falter in time giving rise to prospects of regime change possibilities.

Some elementary fallacies: Were Thousands Killed in the Final Stages of the War? Were thousands of civilians killed in the final stages of the conflict? Was the number 1,000? 7,000 (as claimed in an internal UN document, later denied)? 20,000 as claimed by Jeremy Page in the London Times?

 

40,000 as claimed in the book, Cage by Gordon Weiss (commonly known as Gordon the Unwise) and referred to in the Darusman Report to the UNSG? or higher. The exact number will never be known just as much as we will never know the exact number of civilians killed in Afghanistan and Iraq following the intervention by Western governments. (The ‘Lancet’ claimed in 2005 that already over 500,000 civilians had been killed in Iraq).

But certain established facts cannot be ignored. In the final weeks of the conflict, the ICRC with the assistance of the Sri Lanka Navy evacuated approximately 7,000 injured and the sick, including pregnant women, and over 8,000 others from the last holdout of the LTTE. Is it likely that if there had been other injured, the ICRC would have left them behind and ferried out 8,000 healthy persons? Experience and records of other recent conflicts would suggest that the number killed must be substantially lower than the number injured. This is a fact derived from experience. Most importantly, at the end of the conflict both sides were hell bent on fighting to the end leaving no time to bury the dead. In the circumstances, the LTTE is unlikely to have had the time to bury the alleged large numbers of dead.

The Sri Lankan army never found large numbers of dead bodies either. But what is a fact is that in April and May 2009, close to 300,000 civilians streamed out of the LTTE enclave to seek the protection of the Government Security Forces. Importantly, the Government which adopted a zero civilian casualty policy had learned from the experience of other armies fighting amongst civilians that indiscriminate attacks on civilians only result in producing more volunteer martyrs. In early 2009, the Committee to Coordinate Humanitarian Assistance (CCHA) to the North was working on the figure that there were approximately 121,000 people in Kilinochchi and 127,000 in Mullaitivu for the purpose of directing relief supplies to the North. It is quite likely that the LTTE took with them around 100,000 from Mannar. Considering that around 60,000 escaped to Government controlled areas in the previous year, the numbers detained by the LTTE settles around the number accommodated in the Government organized refugee camps in May 2009.

It is also on record that the Government adopted a zero civilian casualty policy and consciously adopted an infantry based approach. This resulted in 6,000 deaths of security personnel as the final battles were fought by infantry when more devastating approaches could have been adopted. The allegation of deliberate targeting of civilians by the military and the large numbers killed appears to be a convenient and Machiavellian story to pin a charge of crimes against humanity. Was the Tamil Community the Target of the Security Forces? This is an accusation which could be dismissed outright if not for the seriousness with which it is expressed. The majority of the Tamils of Sri Lanka do not live in the North or the East. The vast majority lives among the majority community, the Sinhalese. It is estimated that 41% of the population of the capital, Colombo, is Tamil.

In Colombo, the Tamil community has schools, temples, flourishing businesses and a significant number of Tamils are successful professionals and businessmen in Colombo. Many business houses in Colombo are Tamil owned. The UN has acknowledged that for over 27 years, the Government funded the health services and the schools in the LTTE controlled areas and sent food supplies to those areas. The food requirements were determined by the Government Agents stationed in the District capitals, although in fact under the control of the LTTE. The CCHA which consisted of the Ambassadors of the US, EU, Japan, Norway and the ICRC, in addition to senior representatives of key ministries, monitored the supply of essentials to the North on a weekly basis. In the circumstances, to suggest that the Tamil community was targeted by the Government’s security forces, as was done in the Channel 4 documentary, is a base attempt to exacerbate ethnic divisions and create a negative impression of the Government.

It also appears to be part of an insidious scheme to pin a charge of crimes against humanity on the security forces and its leadership in addition to aggravating and perpetuating latent ethnic tensions. No armed conflict is a game played in the school yard leave alone a terrorist war unleashed by a brutal proscribed group. Civilians do get hurt in war. Elsewhere this is referred to as “collateral damage”, and we know of wars in the wider region where collateral damage can be counted in the thousands. But the Government of Sri Lanka adopted a policy of minimizing civilian casualties and to denigrate this approach now is reprehensible. It was because of the adherence to this policy that the Security Forces incurred over 6,000 deaths by approaching the last pockets of the LTTE on foot. Perhaps, it is also convenient for the thousands of Tamils who went to the West claiming discrimination and oppression to maintain this façade until their refugee claims have been processed. To acknowledge anything else may result in being sent back. It is also a fact that thousands who have received refugee status and travel documents from Western countries have travelled back to Sri Lanka to reclaim their properties and visit family and have not suffered any harassment.

 

(Mathias Keittle is a German researcher in Colombo hailing from Statalendorf.



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Politics

The New Old Left turns 50

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by Malinda Seneviratne

Revolutionaries, self-styled or otherwise, are hard to imagine as old people, the exception of course being Fidel Castro. Castro grew old with a Cuban Revolution that has demonstrated surprising resilience. Che Guevara was effectively stilled, literally and metaphorically when he was just 39, ensuring iconic longevity — and the wild haired image with a star pinned on a beret is a symbol of resistance and, as is often the case, used to endorse and inspire things and processes that would have horrified the man.

Daniel Ortega at 75 was a revolutionary leader who reinvented himself a few decades after the Sandinistas’ exit was effectively orchestrated by the USA in April 1990. He’s changed and so has the Sandinistas. Revolutionary is not an appropriate descriptive for either.

Rohana Wijeweera is seen as a rebel by some, naturally those who are associated with the party he led for 25 years, the Janatha Vimukthi Peramuna (People’s Liberation Front), widely referred to by its Sinhala acronym, JVP. He led two insurrections and was incarcerated alive on November 13, 1989 in the Borella Cemetery during the UNP regime that held stewardship during the bloodiest period in post-Independence Sri Lanka.

If he was alive today, he would be almost 78-years old. Imagination following the ‘ifs’ probably will not inspire comparison with Castro or Che. Not even Ortega, for the Nicaraguan actually helped overthrow a despotic regime and, as mentioned, succeeded in recapturing power, this time through an election.

Wijeweera did contest elections, but he is not remembered as a democrat. Neither he nor his party showed any success at elections during his leadership. In any event, as the leaders of what was called the ‘Old Left’ as well as people who are seen as ‘Left Intellectuals’ have pointed out, the 1971 insurrection was an adventure against a newly elected government whose policy prerogatives were antithetical to the world’s ‘Right.’ As such, although the JVP had the color and the word right, moment and act squarely placed it as a tool of the capitalist camp, it can be argued.

As for the second insurrection, the JVP targeted leaders and members of trade unions and political parties who, although they may have lost left credentials or rather revolutionary credentials, were by no means in the political right. That such individuals and groups, in the face of the JVP onslaught, ended up fighting alongside the ‘right’ is a different matter.

Anyway, this Sunday marks the 50th anniversary of the first insurrection launched by the Wijeweera-led JVP. Of course that ‘moment’ was preceded by preparation and planning that was good enough to catch the United Front government led by the SLFP by surprise, but the entire adventure needs to be examined by the longer history that came before.

Wijeweera belonged to what was called the Peking Wing of the Communist Party, formed after the USSR and China parted political/ideological ways. When Wijeweera broke away from the Peking Wing he was barely out of his teens. What he and others dubbed as the ‘Old Left’ were at the time seen as having lost much of its previous revolutionary zeal. Entering into pacts with the ‘centrist’ SLFP gave credence to this perception. There was, then, a palpable void in the left half of the political spectrum. Wijeweera and the JVP sought to fill it.

It’s easy to play referee after the fact. April 4, 1971 was inauspicious one could argue. The entire strategy of capturing police stations, kidnapping/assassinating the Prime Minister, securing control of the state radio station etc., describe a coup-attempt rather than a revolution. There was no mass movement to speak of. There wasn’t even anti-government sentiment of any significance.

Nevertheless, it was an important moment. As Prof Gamini Samaranayake in his book on the JVP pointed out, the adventure revealed important things: a) the state was weak or rather the security apparatus of the state was weak, and b) armed struggle was now an option for those who aspired to political power. Indeed these two ‘revelations’ may have given some ideas to those Tamil ‘nationalists’ who would end up launching an armed struggle against the state and would so believe that victory was possible that they would try their luck for 30 long years!

Had April 4 not happened, would we have ever had an armed insurrection? If we did, would it have been different from April 1971 and 1988/89? That’s for those who enjoy speculation. Maybe some creative individual with an interest in politics and thinks of producing fiction based on alternative realities might try his/her hand at it. It would probably make entertaining reading.

The April 4 adventure ended in an inglorious defeat. Wijeweera himself was captured or, as some might claim, planned to be captured (a better option than being killed, as hundreds of his followers were). The captors did not know who he was until he himself confessed. He spilled the beans, so to speak, without being urged to do so.

The JVP, thereafter, abandoned the infantile strategy adopted in April 1971. The party dabbled in electoral politics for a while after J.R. Jayewardene’s UNP offered a general pardon that set Wijeweera free. Wijeweera and the JVP would focus mostly on attacking the SLFP thereafter. Others who were arrested opted go their individual ways. Some went back to books and ended up as academics (Jayadeva Uyangoda or ‘Oo Mahaththaya’, Gamini Keerawella and Gamini Samaranayake for example).

Others took up journalism (Victor Ivan alias Podi Athula and Sunanda Deshapriya). A few joined mainstream political parties (e.g. Loku Athula). Many would end up in the NGO sector (Wasantha Dissanayake, Patrick Fernando and Sarath Fernando). Their political trajectories, then, have been varied.

The JVP is still around. For the record, the ‘Old Left’ is still around too, although not as visible as the JVP. We still have the CP (Moscow Wing) and LSSP, as well as their off-shoots. Individuals who wished to be politically active, either joined the SLFP or the UNP or else were politically associated with such parties, even if they didn’t actually contest elections.

The JVP still talks of Wijeweera but this has been infrequent. It’s nothing more than tokenism, even then. The party has politically aligned itself with the SLFP and the UNP at different times and as of now seems to have been captured by the gravitational forces of the latter to a point that it cannot extricate itself or rather, finds itself in a situation where extrication allows for political crumbs and nothing more. The Marxist rhetoric is gone. Red has been replaced by pink. There’s no talk of revolution.

The high point in the post-Wijeweera era was returning some 40 members to parliament at the 2004 elections in a coalition with the SLFP. However, the decision to leave the coalition (UPFA) seems to have been the beginning of a serious decline in political fortunes. It demonstrated, one can argue, the important role that Wimal Weerawansa played in the party’s resurgence after the annihilation of the late eighties. In more recent times, the party suffered a more serious split which had a significant impact on its revolutionary credentials. The party’s radicals broke ranks and formed the Frontline Socialist Party, led by Kumar Gunaratnam, younger brother of the much-loved student leader Ranjithan (captured, tortured and assassinated sometime in late 1989).

The JVP, led by Anura Kumara Dissanayake, has done better than the FSP in elections thereafter, but the split also saw the former losing considerable ground in the universities, the traditional homelands of recruitment if you will. The spark went out as well. There’s palpable blandness in the affairs of the party. At the last general election the JVP could secure just 3% of the vote.

The JVP is old. Too old to call itself the ‘New Left’ (by comparing itself with the LSSP and CP). The FSP is ‘new’ but it poses as the ‘real JVP’ and as such is as old. There’s nothing fresh in their politics or the ideological positions they’ve taken. In fact one might even argue that now there’s no left in the country. It doesn’t mean everyone is in the right either. There’s ideological confusion or, as some might argue, ideology is no longer a factor in Sri Lankan politics. It’s just about power for the sake of power. That’s not new either, but in the past ideological pretension was apparent whereas now politics is more or less ideology-free. Of course this means that a largely exploitative system and those in advantageous positions within it are the default beneficiaries.

Can the JVP reinvent itself? I would say, unlikely. There’s a name. It’s a brand. It’s off-color. It is politically resolved to align with this or that party as dictated by the personal/political needs of the party’s leadership. Wijeweera’s son Uvindu is planning to jump-start the party with a new political formation, but adding ‘Nava’ (new) doesn’t make for the shaving off of decades. Neither does it erase history. Its potential though remains to be assessed. Maybe a decade or two from now.

So, after 50 years, are we to say ‘we had our first taste of revolution or rather pretend-revolution and that’s it’? The future can unfold in many ways. A half a century is nothing in the history of the world. It’s still nothing in the history of humankind. Systems collapse. Individuals and parties seemingly indestructible, self-destruct or are shoved aside by forces they unwittingly unleash or in accordance with the evolution of all relevant political, economic, social, cultural and ecological factors.
People make their history, but not always in the circumstances of their choice. The JVP is part of history. They were in part creatures of circumstances and in part they altered circumstances. Left a mark but not exactly something that makes for heroic ballads. Time has passed. Economic factors have changed. Politics is different. This is a different century and a different country from ‘Ceylon’ and the JVP of 1971.

The JVP is not a Marxist party and some may argue it never was, but Marx would say that a penchant for drawing inspiration from the past is not the way to go. One tends to borrow slogan and not substance that way. April 4, 1971. It came to pass. It was followed by April 5. The year was followed by 1972. Forty nine years have passed. A lot of water has flowed under the political bridge. Good to talk about on anniversary days so to speak. That’s about it though.

malindasenevi@gmail.com. www.malindawords.blogspot.com

 

[Malinda Seneviratne is the Director/CEO of the Hector Kobbekaduwa Agrarian Research and Training Institute. These are his personal views.]

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WHAT’S WITH THE SINOPHARM VACCINE?

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by Sanjeewa Jayaweera

In the last month or so, the government’s attention and the public have been on Geneva, the purported sugar scam, illegal deforestation, and now contaminated coconut oil. The concern over Covid-19 and the faltering vaccination programme has taken a back seat. It might be because of the decline in the daily positive cases. Some have, however, attributed the decline more to reduced testing and tracing than getting on top of the virus.

Most countries have not been able to get on top of the pandemic other than for a very few. Till recently, India was lauded for having brought the virus under control. There was even talk of India having achieved herd immunity. However, in the last two weeks, there has been a sharp increase in the number of positive cases, and it looks as if India is facing its third wave.

Europe is also in the midst of a third wave, and in the USA., despite a vigorous vaccination programme, the daily numbers are once again increasing. The numbers coming out of Brazil regarding both positive cases and deaths are a damning indictment of a President who has mismanaged the fight against this dreaded illness by disregarding basic public health precautions that most other countries have embraced.

In Sri Lanka, we have done better. In a recent TV talk show, a member of the ruling party said that it is only because the government is on top of the pandemic that opposition politicians concentrate on sugar scams, illegal deforestation, and contaminated coconut oil when elsewhere the main topic is about Covid-19. In a perverse way, he is correct!

However, Sri Lanka can certainly do better, and the current comedy surrounding the approval of the Sinopharm vaccine from China is a case in point. On March 20, the Pharmaceuticals Production State Minister Prof. Channa Jayasumana said that The National Medicines Regulatory Authority (NMRA) of Sri Lanka had approved the use of the COVID-19 vaccine ‘Sinopharm’ manufactured by China.

A couple of days later, it was announced that NMRA had only approved the vaccine’s receipt as a donation and not for use! A few days later, it was announced that only Chinese nationals residing in Sri Lanka could receive the vaccine. I am confused because if the vaccine is not safe for use in Sri Lankan arms, how is it safe for Chinese nationals living here? Are we to assume that Lankan lives are more important than Chinese lives? Is the Government of Sri Lanka not responsible for the lives of Chinese nationals living in Sri Lanka?

A couple of days ago, the cabinet spokesman, who I believe was also a medical practitioner, said that the phase four trials information on the Sinopharm vaccine is only in Chinese and need to be translated to English before the NMRA can decide. In any case, we need to wait until the World Health Organisation (WHO) approves the vaccine.

This is the first time that I have heard of phase 4 trial data for a vaccine. For all other vaccines, the data from phase 3 has been the basis for approval. So, I am not sure whether the cabinet spokesman has got his wires mixed? The comment about the information being available in only Chinese seems a bit stretched.

The rationale for awaiting WHO approval is a bit puzzling, although some others have said the same. Most of the countries that have approved the use of various vaccines have not waited for WHO approval. They have been approved by their own approving authority. Why Sri Lanka needs to await WHO clearance is puzzling and seems to be a bit like passing the buck.

WHO has not endeared itself to many during the pandemic. Many feel that its inaction at the beginning of the pandemic contributed to the spread. As I recall, the WHO was critical of countries closing their borders and banning overseas arrivals at the pandemic’s inception in February 2020. They were also slow on recommending the mandatory wearing of masks and initially questioned its efficiency. They have, of course, subsequently gone back. The only aspect of what Donald Trump uttered during the pandemic that made sense to me was his call for the WHO to be investigated for their actions during the pandemic’s initial stages.

Some have accused the government of reconstituting the NMRA to replace some eminent personnel because they were preventing the approval of the Sinopharm vaccine. If this is indeed true, then it is regrettable because such organizations need to be independent and free of government interference.

Medical professionals also need to exercise a degree of flexibility in dealing with the pandemic. I know that most medical and engineering professionals have a great affinity towards what is manufactured in the West (the USA. and Europe). I suppose this is due to us being ruled for many centuries by the British, Dutch and Portuguese. We tend to accept whatever comes from the West but derides those produced in China and India. I remember in the 1970’s we used to laugh about the lack of quality of Japanese cars. The belief was that if you are involved in a severe accident driving a Japanese car, then your chances of survival were minimal. Today the story is very different, although a colleague did say that even now in Colombo, if you drive a European vehicle, your social status is much higher!

Sinopharm is approved for general use in China, UAE, and Bahrain. It has been approved for emergency use in 16 countries and limited use in two countries. UAE. granted emergency approval for the use of the vaccine on health care workers in September 2020 and, on December 9, 2020, granted general approval for the use of the vaccine.

The phase 3 trials of the Sinophram vaccine were conducted in the UAE, Morocco, Argentina, Peru and several other countries with over 60,000 participants. The UAE. authorities announced that the vaccine has a 86% efficacy against COVID-19, whilst Sinopharm said that the efficacy was 79.34%. According to the company, the discrepancy was the result of differences in how the trials were run. In January 2021, Hungary authorized the vaccine making the country the first European nation to use a Chinese vaccine. Sinopharm plans to raise the annual output of its vaccine to three billion doses a year. It appears that the Oxford-AstraZeneca vaccine, known as Covishield manufactured by the Serum Institute India, is going to be in short supply with India ramping up their vaccination programme in the face of a third wave. Most of the poorer nations are banking on this vaccine, and the demand is massive. As to where Sri Lanka will fit in the priority list of countries to receive their orders may well depend on the generosity of the Indian government.

Having not endeared ourselves to the Indian government due to the unprofessional manner in which GOSL unilaterally cancelled the East container Terminal agreement, the country’s options in procuring an effective vaccine are limited. In light of that, the comedy of errors blighting the approval of the Sinopharm vaccine to be used in Sri Lanka in the public’s full gaze is both unprofessional and unnecessary.

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Politics

“As the health crisis is eroding economic and social stability, a functioning judiciary is more essential than ever”- Justice Iddawala

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Address by Justice Neil Iddawala at the ceremonial sitting of the Court of Appeal held on 24th March 2021.

Thank you, Mr. Attorney General and Mr. Kalinga Indatissa for your kind and stimulating words. May I commence by thanking you all for honoring me by your presence. I consider myself privileged to be a Justice of the Court of Appeal at a time of unprecedented challenges for the justice system not only in Sri Lanka but across the world created by the COVID-19 pandemic.

Locking down courts might be necessary to protect the health and safety of justice professionals and court users but the challenge is to do this in a careful manner as it results in an important limitation of access to justice and further case backlogs. More attention than ever before must be paid to due process and fair trial standards if courts are unable to hold trials in person.

The functioning of the courts with regard to case management systems and data collection is a special challenge during this health crisis. Judges, Registrars, court officials, should continue to monitor and manage cases according to their responsibilities, even remotely. ICT offers the opportunity for the functioning of justice systems to continue functioning during the health crisis.

Online services and strengthening access to information through court websites and other means of communication such as phone, email, etc. can help maintain justice services and provide access to justice by alternative means. In applying ICT to expedite cases, courts must be careful to minimize the digital gap so that due process and fair trial rights are satisfied and access to justice on all matters is guaranteed including respect for fundamental rights, judicial independence, principles of a fair trial, cyber security and protect legitimacy of judicial proceedings.

The new innovations make judicial training even more important and judicial training should adapt to the emerging needs, including the use of IT. New curricula should be developed to support justice professionals during and after the health crisis. Specific training on teleworking, use of digital platforms for meetings and hearings, access to the internet, should be provided for justice professionals. Famous American Chief Justice, John Marshal observed that “the judicial system comes home in its effects to every man’s fireside; it passes on his life, liberty, property and everything”.

Laws delays is a perennial problem in our courts and to deal with delays and remedies in general, the judiciary can use the current situation to innovate ways in which on line solutions can be used to resolve backlogs. This should also include reviewing different levels of courts have been impacted differently and, if so, in what ways. Prosecutions of minor offenses, civil or commercial cases, could be postponed in this streamlining process. Matters oriented to protect rights, when serious crimes are committed including corruption connected to this crisis and cases of domestic violence should receive prior attention and space. Where and how to report abuses, using current online technologies must be addressed and urgently implemented.

A crisis requires immediate and urgent response. However, any kind of reaction to the crisis must be strictly based on the principles of the Rule of Law and must respect and protect human rights. Emergency measures must respect the principles of legality, legal certainty and proportionality and need to be constantly re-evaluated. Poor and vulnerable groups will be the most affected by the health and economic consequences of COVID 19. This is an opportunity for justice sector to adopt a people-centered approach to justice, to remove barriers to innovation and technologies that can further improve the way in which justice is delivered.

Transforming the judiciary for the future should maintain the necessary dialogue between all segment in the justice system and to take advantage of the new relations created between judges, court staff, lawyers, and other judicial experts to improve access to justice. As the health crisis is eroding economic and social stability, a functioning judiciary is more essential than ever. As William Penn, a well-known nobleman, writer and early advocate of Justice and Religious Freedom, stated “Justice is the insurance we have on our lives, and obedience is the premium we pay for it”.

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