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Outgoing BASL chief asks lawyers to continue struggle to safeguard rule of law, democracy, judicial independence

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Saliya Peiris

Outgoing President of the BAR Association of Sri Lanka (BASL) Saliya Peiris, PC has urged his colleagues to continue their struggle to counter threats to the rule of law and judicial independence.

“The BASL was able to play a pivotal role in the nation’s struggle to safeguard the rule of law, democracy, and human rights. In doing so, we were together able to make our profession relevant to the lives of the people and help enhance its credibility and public acceptance,” Saliya Peiris, PC said in a statement to mark the completion of his tenure as BASL President.

Peiris has said that in these two years, the BASL took up strong positions on many issues and where necessary sought recourse to the courts to protect the rights of the people.

“In the coming months, the Bar will need to continue to stand for the principles which are at the core of our profession and to protect the rights described in the Constitution as the intangible heritage of the people,” he said.

Excerpts of the statement:

“As I conclude my term as President of the Bar Association of Sri Lanka (BASL), I write to thank you for the support given to me during my tenure and for placing confidence in me. It has been my privilege to have led the Bar during this momentous period in our history.

“With your support and drawing from your strength, the BASL was able to play a pivotal role in this nation’s struggle for the rule of law, democracy, and human rights. In doing so we were together able to make our profession relevant to the lives of the people and help enhance its credibility and public acceptance.

“In these two years the BASL took up strong positions on many issues and where necessary sought recourse to the courts to secure the rights of the people. The BASL was the first amongst the professional bodies to publicly express its view on the looming economic crisis and the need to address the same.”

“Amidst these difficult times, the BASL continued to support the membership in their professional development and welfare. Through seminars, symposiums, workshops, webinars as well as through its social and welfare work during the pandemic and thereafter, the BASL was able to reach out to thousands of members, including the junior members of the Bar. The BASL also reached out to the branches in the outstations in an unprecedented manner. The BASL formed the Members Benevolent Society, and it is our expectation that the Society will grow to benefit the members in the years to come.

“As I write, we see new threats emerging to the rule of law and a concerted effort being made to undermine the independence of the judiciary. In the coming months the Bar will need to continue to fiercely stand for the principles which are at the core of our profession and to protect the rights described in the Constitution as the tangible heritage of the people.

“I take this opportunity to thank His Lordship the Chief Justice, all the members of the judiciary, the Hon. Attorney General, the Solicitor General and the members of the official Bar for the support and co-operation extended towards me as the President of the BASL.

“A special worn of thanks also to the Chairpersons of the Standing Committees as well as the Co-Chairs and Convenors for their immense contribution towards the BASL.

“I must record my deep appreciation for the unwavering strength demonstrated by the Bar Council the Executive Committee and the office bearers of the BASL, namely the Deputy President Mr. Anura Meddegoda PC, the Secretary of the BASL Mr. lsuru Balapatabendi, the Treasurer Mr. Rajindh Perera and the Assistant Secretary Mr. Mehran Careem as well as the former Secretary Mr. Rajeev Amarasuriya and the former Assistant Secretary Mr. Pasindu Silva for their unstinted support and co-operation given to me.

“I am indebted to the senior members of the profession to whom I turned to, for their wise counsel and words of encouragement.

“I have striven at all times to act according to the cherished values of our profession and to act in its best interests, mindful of the trust and confidence you placed in me on 24 February 2021. As I leave office, I trust that I have performed the duties of this office in accordance with your expectations. I have at all times drawn strength and been inspired by your goodwill towards me.

“I extend my best wishes to the incoming President Mr. Kaushalya Navaratne and the new office bearers and members of the Executive Committee.

“It is my sincere hope that the BASL will remain a strong and vibrant institution, inspiring confidence among the people of the nation, dedicated towards upholding the rule of law, democracy, the independence of the judiciary and the rights of the people and the community whilst safeguarding and promoting the welfare and interests of the members of the Bar.”



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Scientists say world’s oldest-known burial site found in South Africa

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Researchers lay out fossils of Homo naledi at the University of the Witwatersrand's Evolutionary Studies Institute in Johannesburg, South Africa (pic Aljazeera)

Palaeontologists in South Africa said they have found the oldest-known burial site in the world, containing remains of a small-brained distant relative of humans previously thought incapable of complex behaviour.

Led by renowned palaeoanthropologist Lee Berger, researchers said on Monday  that they discovered several specimens of Homo naledi – a tree-climbing, Stone Age hominid – buried about 30 metres (100 feet) underground in a cave system within the Cradle of Humankind, a UNESCO World Heritage Site near Johannesburg.

“These are the most ancient interments yet recorded in the hominin record, earlier than evidence of Homo sapiens interments by at least 100,000 years,” the scientists wrote in a series of yet-to-be-peer-reviewed and pre-print papers to be published in eLife.

The findings challenge the current understanding of human evolution, as it is normally held that the development of bigger brains allowed for the performing of complex, “meaning-making” activities such as burying the dead.

The oldest burials previously unearthed, found in the Middle East and Africa, contained the remains of Homo sapiens – and were around 100,000 years old.

Those found in South Africa by the research team led by Berger, whose previous announcements have been controversial, date back to at least 200,000 BC.

“Homo naledi tells us we’re not that special,” Berger, a United States-born explorer, told AFP news agency. “We ain’t gonna get over that.”

Homo naledi, a primitive species at the crossroads between apes and modern humans, had brains about the size of oranges and stood about 1.5m (5 feet) tall.

With curved fingers and toes, tool-wielding hands and feet made for walking, Homo naledi was discovered in 2013 by Berger, helping upend the notion that our evolutionary path was a straight line.

The species is named after the “Rising Star” cave system where the first bones were found in 2013.  The oval-shaped interments at the centre of the new studies were also found there during excavations started in 2018.

The holes, which researchers say evidence suggest were deliberately dug and then filled in to cover the bodies, contain at least five individuals.

“These discoveries show that mortuary practices were not limited to H. sapiens or other hominins with large brain sizes,” the researchers said.

The burial site is not the only sign that Homo naledi was capable of complex emotional and cognitive behaviour, they added.

Berger’s earlier discoveries won the interest of National Geographic, which named him “explorer in residence” and featured his work in television shows and documentaries.

The latest research has not been peer-reviewed yet and some outside scientists think more evidence is needed to challenge what we know about how humans evolved their complex thinking.

“There’s still a lot to uncover,” said Rick Potts, director of the Smithsonian’s Human Origins Program, who was not involved in the research.

(Aljazeera / News Agencies)

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Opp. alleges Prez intends to bring media under his thumb, roll back election map

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‘Broadcasting Authority a political mechanism led by Media Secretary’

By Shamindra Ferdinando

Top Opposition spokesman Prof. G. L. Peiris yesterday (05) alleged that President Ranil Wickremesinghe intended to silence television and radio stations through the proposed Broadcasting Authority Bill (BAB).

The former External Affairs Minister asserted that the BAB was part of a destructive political strategy meant to neutralise the media against the backdrop of the President’s bid to roll back the election map. He said so, referring to President Wickremesinghe’s recent declaration at the Bar Association event in Nuwara Eliya that the primary interest of the public was nothing but the revival of the economy. The UNP leader downplayed the importance of elections.

Addressing the media at the party office of Nidahasa Jathika Sabhawa, Prof. Peiris explained how the President planned to rein in free media through the five-member Broadcasting Authority Commission, and a three-member committee tasked with inquiring into complaints. The MP questioned the suitability of the President naming three persons to the Commission, in addition to appointing the Secretary to the Media Ministry who would be ex-officio head of the five-member Commission.

Urging the media to be vigilant of President Wickremesinghe’s game plan, rebel SLPP lawmaker said that the proposed committee would have the power to initiate inquiries on its own and conduct raids on ‘offending’ media institutions. The MP discussed the possibility of the committee taking hold of documents and other data in the hands of journalists while threatening them with imprisonment unless they revealed their sources.

Samagi Jana Balawegaya (SJB) and Opposition Leader Sajith Premadasa, in a separate statement, vowed to oppose the proposed Bill, both in Parliament and outside. MP Premadasa said that the decision-making body of the Opposition political parties, led by the SJB, resolved to campaign against the controversial Bill.

The first salvos against the Bill were fired by one-time Media Ministry Secretary Charitha Herath, and SJB stalwart Dr. Harsha de Silva last week. In response to their criticism, Justice Minister Dr. Wijeyadasa Rajapakse PC announced that they were still in the process of discussing proposals pertaining to the proposed Broadcasting Authority Bill.

Prof. Peiris emphasized that contrary to such claims the relevant Bill was in the public domain. The former minister said that there couldn’t be any doubt over whether the government would finalize the Bill and, if enacted, would automatically silence the media.

Describing the Bill as seriously flawed, Prof. Peiris questioned the competency of those who prepared it. It couldn’t have been done at the Legal Draftsman’s Department, the ex-minister said, alleging that responsibility had been outsourced.

Prof. Peiris said that the Supreme Court would be definitely moved against the proposed law. The academic said that the government was engaged in a desperate bid to consolidate its position. Comparing the Broadcasting Authority Bill with the Bill on the Central Bank of Sri Lanka, Prof. Peiris said that the former wouldn’t receive the go ahead from the Supreme Court. The proposed Bill as a whole was contrary to the Constitution, lawmaker Peiris said, asserting that democracy couldn’t survive the death of the media.

Referring to President Wickremesinghe’s speech to the National Law Conference at the Nuwara Eliya Grand Hotel, Prof. Peiris said that just because the UNP was in a pathetic state and couldn’t do well at elections, at any level, the UNP leader shouldn’t try to justify his bulldozing actions.

Prof. Peiris accused the President of putting off Local Government polls as he feared facing the electorate. The UNP is represented in Parliament by just one National List seat, earlier held by the President.

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Osaka immigration doctor may have worked after drinking – Kin of late Lankan detainee decry

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Wishma Sandamali’s sisters Wayomi, center, and Poornima, right, hold a news conference in Tokyo’s Chiyoda Ward on 04 June 2023. (Mainichi/Yukinao Kin)

TOKYO —The bereaved kin of a Sri Lankan woman who died while detained in a Nagoya immigration facility in 2021 despite her pleas for medical treatment have expressed their dismay over recent news that a female doctor at the Osaka Regional Immigration Services Bureau is suspected of having worked under the influence of alcohol.
Speaking at a news conference in Tokyo on the evening of 04 June, the family of Sri Lankan woman Wishma Sandamali, who died in March 2021 at the age of 33, protested that unless the medical system for immigration facilities is improved, the same thing could happen again.

The Osaka doctor worked full time at the immigration facility. Alcohol was detected on her breath on 20 January this year. She has since been removed from medical examination work. Information about the doctor was conveyed to the Immigration Services Agency of Japan in January, but not reported to the Diet, where deliberations are underway on an amendment to the Immigration Control and Refugee Recognition Act that would strengthen measures to deport foreign nationals without a valid status of residence.

Participating in the June 4 news conference were Wishma’s sisters Wayomi and Poornima. Wayomi, 30, criticized the stance of immigration authorities, saying, “My older sister died because a medical system was not properly established (at the detention facility). It’s so wrong that an incident like this can happen in spite of that. Without a proper medical system in place, I think it will be a matter of course for more people to fall victim like my sister.”

Poornima, 28, added, “It is only recently that the information (about the Osaka case) came to light, and the immigration agency had been hiding the information. I think this may be because they haven’t accepted responsibility for my sister’s death.” (Japanese original by Yukinao Kin, Digital News Group)

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