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General election: GTF discourages voters from backing major parties…

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…warns of authoritarian rule

The UK headquartered Global Tamil Forum (GTF), which has been working closely with Tamil National Alliance (TNA), has urged the Tamils to vote for those only contesting the northern and eastern regions. In addition to the TNA, the Thamizhi Makkal Tesiya Kootani or the Tamil People’’s National Alliance led by former Northern Province CM C.V. Wigneswaran are in the fray in the former war zones.

 The GTF, in a statement issued yesterday said: “First and foremost, ensure that people appreciate the significance of this election and the power of their vote – every vote matters. Second, no vote should be wasted on the multitude of independent groups and those representing countrywide parties, as these could only dilute the strength of the Tamil representation for future political engagements. Overly unrealistic agenda and an inward-looking insular political strategy is not the most suited in the present circumstances. The question for the Tamil voters is among the parties that represent Tamil national interest, which party and candidates are the best suited to navigate Tamil politics through the turbulent times ahead.”

  The GTF urged all citizens of Sri Lanka, including those from Tamil and Muslim communities, to view the election with long-term perspective and exercise their franchise prudently and responsibly. Otherwise, the price of apathy could be too high.

 The GTF alleged the election was being held amidst authoritarian presidential rule through decrees and task forces, key civilian functions entrusted to serving and retired military officers (some of whom credibly implicated in serious human rights violations), an atmosphere of intimidation and fear leading to media self-censorship and silencing of civil society activists, and insecurity among the minority communities.

 The GTF said: “It is in this atmosphere that Rajapaksas are seeking 2/3rd majority to change the constitution, in particular, to abolish the 19th Amendment. It is not difficult to contemplate where this will lead to – executive power without checks and balances, marginalisation of Parliament and Judiciary, and key institutions made irrelevant. In such a quasi-democracy, rule of law and human rights will become expendable, and impunity will reign. The argument that a strong leader with unconstrained power is a must for development and prosperity is phony and self-serving.”

 The GTF statement: “The last two attempts at constitution making (1972 and 1978), where the political parties that drove the process had 2/3rd majority, were disastrous, and their effects are still crippling the country. Democratic fundamentals and the multi-ethnic, multi-lingual, multi-religious character of the state were severely compromised to satisfy the power greed of the rulers. There is no indication that politics or statesmanship will be any different this time. In fact, if history is a guide, the outcome could be worse than what was achieved during the last two attempts. It is crucial, therefore, that all citizens should unite in denying the present rulers unfettered freedom for constitution making, rather ensure that only a widely consulted and compromised charter will be possible.

 “While a functioning democracy with checks and balances are important for all citizens, it is so paramount for the minority communities. When the fangs of the majoritarian state unfairly target minority communities, even the theoretical possibility of legal recourse can be significant. So, it is vital that Tamil, Muslim and Christian communities study their electoral options and act wisely.

 “Eleven years after the end of war, re-evaluating political circumstances and electoral possibilities is a must for the Tamil community. Gaining a respectable and secure status in the country is still a dream and there are many disappointments to contend with – no tangible outcomes on constitutional and accountability fronts, lack of momentum in returning to normalcy for the war-affected, and lingering concerns about protecting identity of the Tamil majority North-East. However, it is also undeniable that during the last five years there was notable relief for the Tamil people due to de-escalation of the military stranglehold in the North-East and people enjoyed some normalcy and freedom which included the right to memorialize the war-dead. How much of these could be lost due to the electoral outcomes is one important question to consider.

 “The Tamil political leadership during the last decade has earned some positive marks on the national politics of the country – its role in the 2018 constitutional crisis being one notable example. A far-sighted political approach has somewhat weakened the apprehensions and animosities existed between the Tamil and other communities. Further, the Tamil nationalistic politics in Sri Lanka is viewed in the major capitals of the world as a far more progressive one than what it used to be. These fundamental building blocks are crucial for future political settlements, and need to be further strengthened, not weakened, as Tamil struggle moves on.

 “Tamils in Sri Lanka is a significantly weakened community today – the population is relatively small with reduced electoral strength, and its educational and economic performances are among the worst in the country. Meeting political aspirations, though overwhelmingly the dominant issue for Tamils, is one of many objectives for the rest of the country. While the Tamil community should never take its eyes off from achieving political outcomes, it is no longer tenable that it be approached in a sequential manner, i.e. – ‘political resolution first, economic development later’. It is crucial that the Tamil political leadership become more cognizant of this reality and take necessary initiatives in this direction.

 “The Sri Lankan political leadership’s intransigence in accommodating the legitimate aspirations of the Tamil community, made the Tamils look to the international community and India, with hope and expectation. While this is an integral part of the Tamil political struggle and need to be strengthened and leveraged to the maximum, this cannot substitute an effective political and civil society engagement with all communities in the country. This, too, needs to be a factor when Tamils consider their political choices.

 “The Tamil community faces monumental challenges today. The Rajapaksas-led political ‘movement’ does not have many parallels in Sri Lanka’s history. It relies entirely on Sinhala-Buddhist vote and highly insensitive to the concerns and aspirations of the minority communities. No commitment to accountability and reconciliation (withdrew from co-sponsorship of UNHRC resolution), increased militarisation of civil functions (military officers for every village in the North-East), and the appointment of all-Sinhala task force to ‘preserve the historical heritage of Sri Lanka’ in the multi-ethnic Eastern Province are a few examples. More ominous is the possibility of losing some of the fundamental reforms such as power devolution under 13th Amendment and the parity status for Tamil language. A major economic contraction Sri Lanka is expected to undergo could lead to intensifying authoritarianism and militarisation, and in all likelihood the minority communities will be used as scapegoats for the wrong doings of the powerful.

 “The period ahead will test the capability of the Tamil political leadership. Forming effective partnerships with the elected representatives from all minority communities and with those from the majority community with progressive views could be critical, so is fostering effective engagement strategies with the international community and India. If Rajapaksas are denied 2/3rd majority, such coalitions would be particularly powerful in preventing the constitution being amended on their own right. Perhaps the better strategy for the Tamil community could be protecting its hard-won gains, while exploring opportunities for furthering its community interests.

” Despite the fundamental weaknesses in Sri Lanka’s democracy, the country is often viewed favourably by the international community because it unfailingly conducts elections which are viewed largely as free and fair. In such circumstances, voting is fundamental and in fact the most powerful tool available to effect political, social and economic transformations in the country. The Global Tamil Forum (GTF) appeals to every citizen of Sri Lanka, and the Tamil people in particular, to cast their precious votes and cast it wisely, keeping the long-term interest of the country and their political, economic and democratic rights in mind.”

 



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Prison rules to be revised over monks’ attire

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Harshana

Appointment of committee eyewash, says UNP

The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.

Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.

The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.

One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.

A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.

The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.

The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.

Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.

The proposed amendments have yet to be confirmed as formally implemented.

Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.

In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.

The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a

“complete eyewash” and questioned the need for such a move.

Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.

It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.

The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.

The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.

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AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera

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Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.

The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.

Following his withdrawal, a three-judge bench was appointed to hear the petitions.

The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.

In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.

Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.

Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.

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Court orders steps to obtain INTERPOL Red Notice against Basil

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Basil

The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.

The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.

The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.

The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.

Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.

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