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AI asks SL to rescind emergency, shooting orders immediately

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Sri Lankan authorities must immediately rescind the emergency regulations and shooting orders that provide excessive powers to the police and military, and take immediate steps to respect, protect and fulfil the human rights of peaceful protestors, Amnesty International said yesterday.

Amnesty said that the authorities must also refrain from using the state of emergency as a pretext to curb the rights to peaceful assembly and freedom of expression, including at the protest sites such as “Gotagogama” in the country.

Following the President’s proclamation of a State of Emergency on 6 May along with a country-wide curfew from 9-12 May, backdated emergency regulations were published overnight on 9 May, the organization said.

The regulations give sweeping powers to the police and the armed forces to search and make arrests of “suspects” without due process safeguards, Amnesty said.

On 9 May, protesters peacefully demonstrating in front of the Presidential Secretariat for over a month were violently attacked by pro-government supporters after being allegedly incited to violence by top party leaders at Temple Trees, the Prime Minister’s official residence in Colombo.

The Human Rights organization said that the police stood largely as bystanders to the violence, doing little to effectively protect the peaceful protesters and their protest site, despite having used tear gas and water cannon to disperse the protestors just days before on 6 May,”

“Authorities in Sri Lanka should carry out a prompt, thorough, impartial, independent, effective and transparent investigation into the reports of violent attacks on peaceful protesters. Authorities should bring to justice those suspected to be responsible and ensure access to justice and effective remedies for victims,” said Yamini Mishra, South Asia Regional Director at Amnesty International.

Given below are excerpts of the AI statement: “The attacks look like a deliberate decision by the Police to allow pro-government groups to physically assault peaceful protesters, destroy structures and wreak havoc at the ‘Gotagogama’ protest site. The authorities have an obligation to provide an enabling environment for the protesters to peacefully exercise their human rights, and to end the violent attacks on protesters,” added Yamini Mishra.

“Elements of anti-government groups retaliated to the attack on 9 May by beating up pro-government supporters and destroying buses believed to have transported them. This escalated into targeting of parliamentarians with damage to their vehicles and arson against their homes, businesses, and party offices. According to authorities, nine people have died and over 220 people have been injured in the violence that erupted. Additionally, 41 vehicles had been set on fire, 61 vehicles were damaged, and 136 incidents of property damage were recorded.

“Justice and accountability from the Sri Lankan authorities is the need of the hour. An effective and transparent inquiry is necessary to bring those responsible for the violence to justice. The country is headed towards a deepening crisis while accountability and solutions for the economic crisis – key calls by the protesters – go completely unaddressed. Right now, Sri Lanka is a tinderbox, and any move to impermissibly restrict human rights through sweeping emergency powers granted to law enforcement agencies, including the armed forces, – will lead to further repression,” said Yamini Mishra.

 “The Emergency Regulations lack due process safeguards, such as the right to be informed of the reason for arrest, and the issuance of an arrest receipt at the time of arrest informing family where they would be detained. Access to legal counsel is subject to conditions. The offences are broad and can be used to bar trade union strike actions, give powers to the President to shut down public processions, restrict access to public spaces, restrict the right to freedom of expression including the right to information, freedom of movement and peaceful assembly.

“Further, the Regulations provide powers to use armed force against anyone who does not comply with orders. The Regulations come with hefty penalties including life imprisonment for ordinary penal offences. There is also no access to bail for offences under the Regulations, except under “exceptional circumstances.” Persons authorised by the commanders of the armed forces are empowered by the Regulations to remove suspects from detention for a period of seven days at a time. Sri Lankan authorities are accused of multiple instances of custodial torture in the past, making these provisions dangerous and raising the possibility of misuse of these powers.

“On 10 May, the Defence Ministry issued a notice saying the Armed forces have been ordered to open fire at anyone looting public property or causing harm to others- a move that has been called “illegal” by some parliamentarians. The cabinet remains dissolved following the PM’s resignation on 9 May.

“The shooting orders provide a license to kill. Violent mobs should be contained, however lethal force must not be the first resort. Any restrictions on human rights during times of emergency must be necessary and proportionate to the exigencies of the situation and must not be used as a tool against freedom of expression, peaceful assembly, right to personal security, liberty and freedom from arbitrary detention. Further, any derogations from human rights guarantees under the International Covenant on Civil and Political Rights, to which Sri Lanka is a state party, should be formally communicated with a clear explanation of the reasons for them to other State parties,” said Yamini Mishra.

Sri Lanka has a history of human rights violations implicating the Military, including custodial torture under consecutive emergency situations in the past. This pattern of violations of human rights must end.”



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PM blames ‘last administration’ for country’s current crisis

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Prime Minister Ranil Wickremesinghe told Sky News that “the last administration is to blame” for the country’s current crisis.Protesters have clashed with police in Sri Lanka’s capital, Colombo, as people demanded the resignation of the President and new Prime Minister.Demonstrations in the capital have been ongoing for the last two months as the public blames the country’s leadership for corruption and mishandling the economy.The Prime Minister said that the last administration “ran down the economy”.

“We have come to a point where we are bankrupt – which has never happened to Sri Lanka before,” he said in an interview with Sky News following his controversial appointment last week.

“We have no dollars, we have no rupees.”

On whether the President should resign, the veteran politician said it’s a “controversy” as the country is of split opinion.He added: “I suggested that after Sri Lanka passes the 21st amendment, the country should restore the original 19th amendment strengthening parliament – strengthening the powers of the prime minister.

“Then, all party leaders and the president should have a discussion and come to some arrangement on the future.”

Meanwhile, the recent unrest across the country has been sparked amid the country’s worst economic crisis since independence from Britain in 1948, which has been blamed on a combination of COVID, rising oil prices and populist tax cuts by the president and his brother, until recently the prime minister.

“I can understand the anguish of the protesters – the young and the old,” Mr Wickremesinghe said.

“The young who see their future being taken away, and the old, who are suffering, the middle class, who see their lifestyle collapsing… farmers without fertiliser.

“There are many demonstrations outside police stations, petrol stations and other places. And it shows the anger, the despair, and the hopelessness that the people feel.”

He said that people, at the moment, “can’t bear the burden any longer”.

“We are certainly not in a very stable position,” he said.

Police have now arrested more than 800 people nationwide who are accused of ransacking property, looting and setting fire to MPs’ houses on 9 May.But human rights lawyers say in some cases police are jailing people who were out on the streets watching what was happening, rather than actively taking part in violence.The prime minister went on to say that the country faces a possibility of a food crisis due to the lack of fertiliser.Sri Lanka is near bankruptcy after announcing it had suspended up to $7bn (£5.6bn) in foreign loans due to be repaid this year because of a foreign currency crisis.It has led to limited imports with no gas in petrol stations. Other fuel, cooking gas, medicine and foods are in short supply forcing people to stay in long lines to buy the limited stocks.

“We are feeling the rise in the price of fuel – and we know it will go higher,” he said.

“Our main concern also is that we have not had fertiliser for cultivation, and this coming season, the rice cultivation season will not have the full production.

“Therefore from about August onwards, there is a possibility of a food crisis in Sri Lanka. That’s about the time when the global food crisis will also take place, and we will see how we will survive until about March next year.” – Sky News

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SJB, FSP agree on common agenda

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Focus on abolition of Executive Presidency

BY SHMAINDRA FERNANDO

SJB MP Kabir Hashim, MP, says the main Opposition party and the Frontline Socialist Party (FSP) have recently agreed on the abolition of the Executive Presidency.Hashim yesterday (20) told The Island that they agreed on empowering Parliament at the expense of the Executive President.The SJB and FSP delegations met at the Opposition Leader’s Office at , Sir Marcus Fernando Mawatha this week. The SJB delegation consisted of lawmakers, General Secretary Ranjith Madduma Bandara, Kabir Hashim, Eran Wickremaratne and Mujubur Rahuman whereas the FSP was represented by Central Committee members, Pubudu Jagoda and Duminda Nagamuwa.The SJB, offshoot of the UNP, secured the recognition of the Election Commission in Feb 2020 while the FSP is yet to be registered as a political party.

Lawmaker Hashim said that the SJB was keen to discuss the current situation with all political parties represented in Parliament and out as part of the overall efforts to reach agreement on a common programme.Referring to the proposals made by the Bar Association of Sri Lanka (BASL) to resolve the political crisis that would be a prerequisite for addressing the economic downturn, lawmaker Hashim said that the SJB and the FSP agreed on the need for President Gotabaya Rajapaksa to agree on a timeline for him to step-down.Responding to The Island queries, one-time UNP Chairman said that the SJB could work together with the FSP on both political and economic issues. The talks took place amidst the FSP, the breakaway faction of the JVP, was consolidating its position as the spearhead of the ongoing protest campaign meant to force President Gotabaya Rajapaksa to step down.

MP Hashim said that they agreed to prepare a document meant for future cooperation. Asked whether they have scheduled another meeting with the FSP, the Kegalle District MP said that they were keen to prepare a working document before they next meet for talks.The top SJB spokesperson said that in spite of swearing in UNP leader Ranil Wickremesinghe as the Prime Minister, the President was on a difficult wicket.Lawmaker Hashim said the SJB was also engaged in talks with the JVP though the deliberations weren’t at official level. “We are proceeding with efforts to finalize a common agenda meant to restore normalcy. We had talks with the BASL, industry leaders as well as civil society,” MP Hashim said.Asked whether the SJB had met Premier Wickremesinghe or sought a meeting with him, MP Hashim said that when Dr. Harsha de Silva raised a spate of issues at hand, especially the recent hard default, the Premier assured the Parliament that party leaders would be fully briefed pertaining to the current situation.Lawmaker Hashim was referring to the first occasion Sri Lanka experienced a hard default as the grace period for the International Sovereign Bonds (ISB) Coupon payment lapsed on May 18. Last month Sri Lanka announced a pre-emptive negotiated default ofall outstanding debt as at April 12.On April 18 the ISB Coupon worth $ 78 million fell due and those had 30 days to obtain “Consent Solicitation” from all ISB holders for payment suspension by May 18.

FSP spokesperson Pubudu Jagoda told The Island that the party discussed the developing situation with some political parties, including the SJB and ’43 Brigade’ led by SJB MP Patali Champika Ranawaka. The FSP delegation comprised Central Committee members, Pubudu Jagoda, Duminda Nagamuwa and Sanjeewa Bandara. MP Patali Champika Ranawaka and Attorney-at-Law Shiral Lakthilake represented the ‘43 Brigade.’Jagoda said that the ’43 Brigade’ was of the view the executive presidential system should be retained with necessary amendments.According to Jagoda, the Eksath Samajawadi Pakshaya and the Tamil National Alliance (TNA) agreed that the executive presidency should be abolished. FSP leader Kumar Gunaratnam and Pubudu Jagoda had represented the party whereas Jaffna District MP M.A. Sumanthiran, PC, and Shanakiyan Rasamanickam represented the TNA.

Jagoda said that the current environment was conducive for building a common agenda that could accommodate the vast majority of political parties represented in Parliament and other groups bent on abolishing the executive presidency.He emphasized the pivotal importance of a common response to what Jagoda termed the government crackdown in Colombo, its suburbs and the provinces where over 1,000 persons had been arrested by the police in connection with the ongoing investigations into mob assaults ignited following unprovoked attacks on those demanding the resignation of the President and the Premier.

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SJB, SLFP decry members switching sides as nine ministers are sworn in

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question all-party tag, allege moves to bribe lawmakers

By Shamindra Ferdinando

Two Samagi Jana Balavegaya (SJB) lawmakers, Harin Fernando and Manusha Nanayakkara are among nine new Cabinet ministers sworn in yesterday (20).The swearing in ceremony took place at the President’s House as protests continued in front of the Presidential Secretariat demanding the resignation of President Rajapaksa.Two of the strongest critics of President Rajapaksa’s handling of investigations into the 2019 Easter Sunday massacre, the former UNP lawmakers joined the government following talks with UNP leader and Prime Minister Ranil Wickremesinghe. UNP Leader and its National List member Wickremesinghe received the premiership on 12 May.

The SJB won 54 seats, including seven National Lists seats at the last general election.The SJB lawmakers visited Geneva in early March, 2022 at the beginning of the 49th session of the UNHRC, where Sri Lanka’s human rights record was strongly criticised. They had been also at the forefront of the SJB’s efforts to secure presidential pardon for ex-MP Ranjan Ramanayake, sentenced for contempt of court by the Supreme Court during the yahapalana administration.The other newly-appointed Cabinet ministers are Nimal Siripala de Silva (Ports, Shipping and Aviation), Susil Premjayantha (Education), Keheliya Rambukwella (Health), Dr. Wijeyadasa Rajapkse, PC (Justice, Prisons, and Constitutional Reforms), Dr. Ramesh Pathirana (Plantations), Tiran Alles (Public Security) and Nalin Fernando (Trade, Commerce and Food Security). Except Tiran Alles who entered Parliament through the SLPP National List, others contested on the SLPP ticket.With the appointments made yesterday, the number of Cabinet ministers increased to 13. President Rajapaksa on May 14 swore in Prof. G.L. Peiris (Foreign Affairs), Dinesh Gunawardena (Home Affairs, Provincial Councils and Local Government), Kanchana Wijesekera (Power and Energy), and Prasanna Ranatunga (Urban Development and Housing). Except for MEP leader Dinesh Gunawardena, the rest are SLPP members. But, Gunawardena, too, contested the last general election on the SLPP ticket while his son, Yadamini was accommodated on the SLPP National List.

SJB General Secretary Ranjith Madduma Bandara and SLFP Senior President Prof. Rohana Lakshman yesterday told The Island that their parties were strongly opposed to their members accepting ministerial posts.Both said that they had assured President Rajapaksa and Premier Wickremesinghe of their support for government economic recovery efforts while being in the Opposition. Prof. Lakshman insisted that Nimal Siripala de Silva taking up ministerial portfolio was contrary to the understanding reached with the current dispensation.The SLFP won 14 seats, including one National List seat at the last general election.Of the 13 lawmakers sworn in as ministers, Tiran Alles and Nalin Fernando representing the SLPP entered the Cabinet for the first time.

Among those accommodated in the Cabinet was Wijeyadasa Rajapakse, who was overlooked by the SLPP when the appointment of the original 30-member cabinet in terms of the 19th Amendment took place. Since then Rajapakse has been campaigning for the abolition of the executive presidency and on more than one occasion flayed President Rajapaksa. The lawmaker, in January this year shot off a letter to Chinese President Xi Jinping urging him to stop Chinese economic invasion of Sri Lanka. In a 45-point letter to the Chinese leader, the lawmaker alleged that most of the Chinese funded projects had been wasteful and large commissions paid to the corrupt politicians and officials to secure such projects.After the 2020 general election which the SLFP won comfortably securing a 2/3rd majority in Parliament, MP Rajapakse refused to accept the State Ministry for Education. Susil Premjayantha, who accepted that ministry was sacked last early January this year within 24 hours after he criticised the government’s handling of the economy.

SLMC leader Rauff Hakeem on Thursday (19) accused the government of bribing Opposition lawmakers in a bid to secure their support. MP Hakeem questioned the government strategy while alleging that the original plan was to swear in a Cabinet of 15. Subsequently, the government planned a Cabinet of 18 and then they increased it to 22 ministers.PM Wickremesinghe assured Parliament on Thursday that members of the new Cabinet would not be entitled to minsterial salaries and perks.The Finance Minister has not been appointed. Ali Sabry, PC, served as the Finance Minister briefly after the removal of Basil Rajapaksa. Government efforts to persuade SJB’s Dr. Harsha de Silva, who is an economist to accept the finance portfolio have failed.

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