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Human rights: FM challenges Neelan Tiruchelvam Trust over its representations to Geneva
The Foreign Ministry has accused one-time member of the Human Rights Commission here Ambika Satkunanathan of propagating lies targeting the government.
The foreign ministry yesterday (04) issued the following statement in response to what it called numerous misleading statements contained in Satkunanathan testimony in her capacity as Chairperson of the Neelan Tiruchelvam Trust during an exchange of views on the situation of human and labour rights in Sri Lanka at the European Parliament’s Subcommittee on Human Rights on 27 January, 2022: Ms. Satkunanathan’s testimony completely ignores the progress made by the government of Sri Lanka on many fronts and creates doubts about the government’s intents and sincerity, particularly at a time when it is engaged in a long-standing cooperation with the UN Human Rights mechanisms and the UN Human Rights Council and is delivering on its commitment to address accountability and reconciliation through domestic processes and institutions.
The Ministry is disappointed that among the recommendations made by Ms. Satkunanathan that the EU uses its leverage on GSP plus facility to exert pressure on the government on human rights. If Sri Lanka loses the EU GSP plus facility, particularly at a time when livelihoods of millions of Sri Lankans belonging to all communities are already affected by the ongoing COVID-19 pandemic, the resulting losses would exacerbate poverty and income inequality. Some of the worst affected sectors will be fisheries and agriculture which are among the key industries in the North and the Eastern Provinces of Sri Lanka.
The Ministry also notes that the unfounded allegations about discrimination of ethnic communities in her testimony are reminiscent of LTTE propaganda that once stoked hatred among communities. In a multi-ethnic and multi-religious country such as Sri Lanka, such allegations need to be refuted in the interest of social harmony and to prevent the spread of dangerous fallacies about Sri Lanka in the international community.
The Ministry refutes Ms. Satkunanathan’s claims on ‘a culture of impunity’. The Ministry wishes to point out that the government is engaged in a long-standing cooperation with the UN human rights mechanisms as well as with the UN Human Rights Council. Sri Lanka is delivering on its commitment to address accountability and reconciliation through domestic processes and institutions. The government has been actively engaging the international community including the UNHRC’s Universal Periodic Review and Special Procedures to address the various concerns that have been raised. This includes the allegations of systematic torture. The Government has made it clear that additional reforms will be undertaken to further strengthen the rule of law, access to justice, and accountability. It remains open to a constructive discussion on suggestions and further steps to address shortcomings.
The Ministry notes that Ms. Satkunanathan makes references to ‘Sinhala Buddhist nationalism’ and ‘militarisation’ as driving the actions of the Government. She makes vague claims of racial profiling in the absence of any concrete evidence of discrimination against minorities. In reply, the Ministry wishes to point out that Sri Lanka is a secular country and all citizens, irrespective of their religion or ethnicity share the same fundamental rights under the Constitution. Furthermore, Sri Lanka ensures access to public services such as free education and free health facilities without any discrimination on the basis of ethnicity or religion. In fact, even during the military conflict when large areas of the Northern and the Eastern Provinces were under the control of the LTTE, the government continued with the provision of such public services to those areas so that the civilians, who were mainly ethnic Tamils and Muslims, would not be affected.
Ms. Satkunanathan points to the Presidential Task Force on Archaeology which she accuses of being a tool for land grabbing and changing the demographics of minority-heavy areas and the Presidential Task Force on “One-Country, One Law” which she accuses of stoking ethnic hatred and violence. After the war, as displaced persons returned to the Northern and the Eastern Provinces, there has been an increase in unauthorised encroachment into forest areas inevitably leading to destruction of archaeological sites. So, there is an urgent need to take concrete measures in order to protect these sites. There is no truth in the claims that the Presidential Task Force on Archaeology is a pretext for land grabbing and introducing the Sinhalese to these areas. It may be noted that there is representation of all ethnic communities in this Task Force. With respect to the Presidential Task Force on “One Country, One Law,” it should be noted that it is expected to play an advisory role only. The Task Force’s recommendations will be first studied by the Justice Ministry, then the Cabinet of Ministers and finally the Parliament following the democratic tradition.
With regard to her allegations that the Northern and Eastern Provinces are ‘occupied’ by the military, it should be pointed out that the the majority (more than 92%) of the private lands occupied by the military at the end of the conflict in year 2009 have already been released to legitimate land owned civilians. A mechanism is already in place to expedite the process of releasing the remaining private lands.
It is particularly disappointing to see Ms. Satkunanathan’s allegations that ‘civic space’ is shrinking and that informal and extra-legal processes are used to curtail the activities of civil society organisations. The Ministry asserts that government views NGOs as partners and not as adversaries. The government acknowledges the constructive contributions made by civil Society organisations in the work of the Office for National Unity and Reconciliation (ONUR) and Sustainable Development Council of Sri Lanka. It has also introduced certain policy changes to facilitate the work of NGOs such as bringing the NGO Secretariat under the Foreign Ministry. It must be reiterated that apart from operating routine security networks in the interest of national security, particularly after the devastating Easter Sunday terrorist attacks, the Security Forces and intelligence agencies are not engaged in monitoring or targeting any specific group of people in the country.
The Ministry refutes Ms. Satkunanathan’s claims of extra-judicial killings and arrests under the pretext of a “war on drugs.” With regard to the PTA, it should be noted that the government is in the process of amending the Act, which is now at the final stage and the international community is being briefed on that process.
Ms. Satkunanathan also alleges that the government is exploiting its friendship with China to “undermine the efforts of states that call for accountability for human rights violations” in Sri Lanka. On the contrary, mindful of strategic competition that is increasing in the Indo-Pacific region, our main foreign policy directive is to maintain neutrality, in line with the non-aligned foreign policy we have adopted since Independence. The Ministry wishes to point out that apart from China, Sri Lanka has entered into partnerships with several countries such as India and Japan to fill gaps in national infrastructure development. Such partnerships have no bearing on Sri Lanka’s commitment to address accountability and reconciliation through domestic processes and institutions.”
“US, UK sanctions effectively prevented me from travelling to other countries as well”
Former GOC of the 58 Division General Shavendra Silva yesterday (18) found fault with successive governments since 2009 for failing to counter unsubstantiated war crimes accusations. The failure on the part of them led to punitive international measures against senior officers who spearheaded the offensive against the LTTE, the Gajaba veteran said.
Appearing on Derana 24/7 with Chathura Alwis, the former Chief of Defence Staff (CDS) declared his angst at the country’s failure at political level to address the issues at hand. The most decorated soldier was commenting on the 16th anniversary of the eradication of the LTTE’s conventional military capacity.
Sri Lanka brought the war to a successful conclusion on May 18, 2009, by bringing the entire northern province under government control. LTTE leader Velupillai Prabhakaran was killed in the banks of the Nanthikadal lagoon on the following morning.
Referring to the US travel ban imposed on him, his wife and two daughters in February 2020 and the British sanctions declared in March this year, Gen. Silva said the US and British action had effectively restricted his overseas travel to south Asia.
The UK sanctioned Admiral of the Fleet Wasantha Karannagoda, former Army Commander Jagath Jayasuriya as well as former LTTE battlefield commander Vinayagamoorthy Muralitharan alias Karuna.
Gen. Silva highlighted the protests carried out by pro-LTTE activists in London in February this year targeting Yohani de Silva whose father served as the GOC of 55 Division engaged in the Vanni offensive.
The protest was organised by the Tamil Youth Organisation of the UK.
Responding to another query, Gen. Silva, in his first interview since retirement as CDS on Dec 31, 2024, said that GoCs Gen Jagath Dias (57 Division), Gen. Kamal Gunaratne (53 Division), Maj. Gen. Nandana Udawatte (59 Division), Maj. Gen. Prasanna de Silva (55 Division) and Chagie Gallage as well as those who commanded Task Forces faced punitive international action.
Gen. Silva’s retirement coincided with the abolition of the Office of CDS by the NPP government.
At the onset of the interview, Gen. Silva strongly emphasised the need to celebrate the eradication of terrorism and liberation of the people. The outspoken ex-soldier said that the armed forces and police paid a very heavy price to bring the war to an end, a war that many believed couldn’t be brought to a successful conclusion. Gen. Silva pointed out the absurdity in doing away with military celebration as Sri Lanka still marks the end of WW I and WW 11.
On behalf of all Division and Task Force commanders on the northern front, I take this opportunity to thank officers and men and families of those who paid the supreme sacrifice and the wounded.
Gen. Silva asserted that the armed forces as a whole suffered as a result of their failure to conduct post-war examination of operations undertaken by fighting formations deprived of the opportunity to correctly establish their roles. The former Army Commander said that the other countries always undertook such examinations immediately after the end of operations.
Gen. Silva said that since the end of war the country never made an honest attempt to record the events thereby setting the record straight.
The Yahapalana government co-sponsored the US accountability resolution against the war-winning armed forces in Oct 2015.
Gen. Silva explained that failure on the part of political and military leaderships to reach consensus on a common narrative contributed to the growing international pressure on the country.
Appreciating the NPP government summoning Canadian High Commissioner Eric Walsh over the recent unveiling of so-called Tamil genocide memorial in Ontario, Gen. Silva said that before his retirement he briefed President Anura Kumara Dissanayake regarding the challenges faced on the Geneva front.President Dissanayake promised to look into this matter and take appropriate measures, Gen. Silva said. “I believe the President as promised will address the issues at hand.”
By Shamindra Ferdinando
Ex-HRCSL member:
Human rights lawyer and former member of the Human Rights Commission (HRCSL) Ambika Satkunanathan has warned that the National People’s Power (NPP) will face the prospect of further drop in its vote share in the North and the East in the next Provincial Council polls unless it takes remedial measures.
Asked what would be the likely scenario at the forthcoming Provincial Council polls, Satkunanathan said that she didn’t want to speculate. However, if the NPP failed to acknowledge its mistakes and did not adopt remedial measures, its share of the vote amongst Tamils and Muslims was likely to be further reduced, the civil society activist said.
The Illankai Thamil Arasu Kadchi (ITAK) contested 58 Local Government authorities at the recently concluded election. The ITAK won 40 out of 58 local authorities at the expense of the NPP that secured all northern and eastern electoral districts, except Batticaloa, at the parliamentary polls conducted last November.
The ITAK went it alone at the LG polls in the wake of the collapse of the TNA that served the interests of the LTTE during the war and threw its weight behind retired General Sarath Fonseka at the 2010 presidential election, less than a year after the eradication of the LTTE. General Fonseka secured all predominantly Tamil speaking electoral districts with the TNA backing but lost the election by 1.8 million votes.
Asked what had made the northern and eastern electorates switch allegiance to the ITAK and other Tamil parties within months after voting for NPP at the parliamentary polls, Ambika said: “Tamils have evolved into pragmatic voters and a range of factors likely influenced their vote at the local government election. Firstly, they have not seen any substantive or meaningful movement towards addressing their historical grievances and demands. For instance, instead of releasing lands occupied or that have been appropriated by the state, the government issued a gazette covering 5,940 acres of land in the Northern Province that it is seeking to appropriate. This is being done in what can only be called an insidious manner because they are not using the Land Appropriation Act, which would clearly demonstrate their intent to appropriate but the Land Settlement Ordinance. Where the repeal of the Prevention of Terrorism Act is concerned, they have appointed a committee to study the issue whereas the repeal of the law does not require any further study.
Asked whether the significant gains made by Tamil political parties at the expense of NPP and so-called Anura wave strengthened Tamil nationalism in the North-East, Ambika said President Anura Kumara Dissanayake’s or NPP’s win in the presidential and parliamentary elections is not demonstrative of the weakening of Tamil nationalism and the win of the Tamil parties at the local government elections does not illustrate the strengthening of Tamil nationalism.
This is because, like in the 2010 Presidential election, the pragmatic Tamil vote, which to the external observer may seem like abandonment of their historical demands, in the eyes of the community is a way of safeguarding the community at that instance and making the best of a bad situation. It in no way means they have given up their historical demands. Also, Tamil nationalism over the years has taken on many forms and the electoral choice is not always a reliable indicator of it, she said.
Tamil political sources said that the ITAK would go it alone at the Provincial Council polls. Sources said that the ITAK would seek to consolidate its position against the backdrop of recent electoral success after significant setbacks in last Sept and November at national elections.
By Shamindra Ferdinando
Parliament will meet from Tuesday (20) to Friday (23), according to Secretary General Kushani Rohanadeera.The decision was made at the Committee on Parliamentary Business meeting held last Friday under the chairmanship of Speaker Dr. Jagath Wickramanayake.
The sittings will open on Tuesday (20) at 9.30 am with business under Standing Order 22(1) to (6), followed by an hour of oral questions. Statements by party leaders under Standing Order 27(2) are scheduled for 11 am, ahead of a debate on the Order under the Excise (Special Provisions) Act, which will run until 5 pm. The day’s proceedings will close with a half-hour debate on an Opposition-led adjournment motion.
On Wednesday (21), business resumes at 9.30 am, with oral questions at 10 am, followed by questions under Standing Order 27(2). The House will then debate financial regulations issued under the Finance Acts of 2003 and 2018 until 5 pm, before wrapping up with a session on the adjournment motion.
Thursday’s (22) sitting will follow a similar format, with a key debate on regulations under the Imports and Exports (Control) Act No. 1 of 1969 scheduled from 11.30 am to 5 pm. The Government will table the adjournment motion for the final half-hour of the day.
On Friday (23), after the usual question sessions, the House will take up the second reading of the Code of Criminal Procedure (Amendment) Bill, with the debate running from 11.30 am to 5 pm, followed by the closing adjournment motion discussion.
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