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Taking contradictory stand on 2015 Geneva Resolution

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‘Govt. seeking credit for accountability mechanisms set up by previous administration

UNHRC 48th sessions:

By Shamindra Ferdinando

Attorney-at-law Sudarshana Gunawardena has alleged that the government’s stand on accountability issues at the Geneva-based United Nations Human Rights Council is contradictory to its much publicised opposition to the Geneva Resolution 30/1 co-sponsored by the previous administration.

Sri Lanka co-sponsored 30/1, on Oct 1, 2015. The then Foreign Minister the late Mangala Samaraweera is on record as having said that the UNP-led government had President Maithripala Sirisena’s consent to go ahead with the co-sponsorship.

Former Prime Minister Ranil Wickremesinghe’s media spokesperson Gunawardena yesterday (17) pointed out that the government, at the ongoing 48th sessions of the UNHRC, has reiterated its commitment to key accountability mechanisms set up in terms of the Geneva Resolution.

Civil society activist Gunawardena, who also functioned as the Director General, Information Department during the previous administration said that the assurance given by Foreign Minister Prof. G.L. Peiris last Tuesday (14) should be examined against the backdrop of Sri Lanka’s withdrawal from 30/1 resolution.

Prof. Peiris’ predecessor, Dinesh Gunawardena announced Sri Lanka’s withdrawal at the Feb-March 2020 sessions.

The Sri Lanka Podujana Peramuna (SLPP) owed an explanation, Gunawardena stressed, urging the government to take the public into confidence. “Stop playing politics at the expense of our international relations,” Gunawardena said, underscoring the need for what he called a national consensus on the post-war reconciliation process.

Responding to another query, Gunawardena said that FM Prof. Peiris in his address to the Geneva sessions discussed the progress in what he described as a domestic process in respect of accountability issues. Reference was made to the Office on Missing Persons (OMP), the Office for Reparations (OR) and the Office for National Unity and Reconciliation (ONUR). However, the FM conveniently failed to acknowledge that the OMP, OR and ONUR had been established in keeping with the 2015 Geneva Resolution that covered broader understanding of transitional justice.

The SLPP, while taking credit for the ongoing transitional justice process, continued to publicly reject 30/1, the very basis of the solution, Gunawardena said. “In other words, the SLPP’s actions are very different from their pledges before the electorate in the run-up to presidential and parliamentary polls in 2019 and 2020, respectively.

Referring to the assurance given by Prof. Peiris at the UNHRC that Sri Lanka Human Rights Council was carrying on its mandate, Gunawardena challenged the government to prove its sincerity by allowing no holds barred investigation into SLPP lawmaker Lohan Ratwatte’s raids on Welikada and Anuradhapura prisons on Sept 6 and 12, respectively.

The announcement made by the HRCSL regarding its decision to initiate an inquiry of its own in the absence of police investigation received public attention and appreciation, Gunawardena said.

Commenting on the declaration that Sri Lanka was engaged in an integrated process to bring the Prevention of Terrorism Act (PTA) in line with international norms and best practices, lawyer Gunawardena urged the government to study the work done by the previous government in that regard. Referring to statements made by then Prime Minister Ranil Wickremesinghe in that regard, Gunawardena said that the then Joint

Opposition quite maliciously rejected the move. “They should be ashamed of theirconduct,” relevant ministers and the Attorney General Department couldn’t be unaware of the agreement on new anti-terrorism law.

Gunawardena said that the SLPP administration shouldn’t hesitate to appreciate the previous government’s achievements. “We are quite pleased that mechanisms accepted by the previous government continue to be in operation even though the progress seems slow. However, the SLPP cannot deprive the UNP-led administration of the credit it deserved,” lawyer Gunawardena said.

Gunawardena urged the government to examine the report of the Committee appointed by then Premier Wickremesinghe to develop what he called the policy and legal framework of the proposed Counter Terrorism Act of Sri Lanka. He said that a politically motivated campaign derailed that effort whereas the Opposition propagated the lie the yahapalana government intended to deprive Sri Lanka of anti-terrorism law.

Asked to comment on the revelation of the SLPP government having talks with a group of civil society activists to explore ways and means to strengthening the reconciliation process, Gunawardena said that a 13-page Foreign Ministry note dated Aug. 31, 2021 addressed to Colombo-based diplomatic missions acknowledged the pivotal role played by the civil society. Having always accused the civil society of being part of a Western strategy, the same lot exposed their duplicity by meeting a group of civil society activists.

Gunawardena was referring to President Gotabaya Rajapaksa and Ministers, Basil Rakapaksa, Prof. Peiris, Dinesh Gunawardena, Ali Sabry, PC, and Namal Rajapaksa having separate meetings with SLCC (Sri Lanka Collective for Consensus) in the run-up to the Geneva confab. SLCC comprises 16 individuals.

Gunawardena noted the Human Rights Commissioner Michelle Bachelet, too, in her hard-hitting Sept 13 statement on Sri Lanka referred to President Rajapaksa’s meeting with the SLCC.

Gunawardena said that in addition to the SLCC, another group styled itself as the Civil Society Platform (CSP) in a statement issued on Sept. 13 made its position clear on a range of accountability issues as well as stepped up pressure on the civil society. CSP consists of 30 organizations and 36 individuals.

Responding to declarations by FM Prof Peiris and Foreign Secretary Admiral Jayanath Colombage that external investigations wouldn’t be acceptable, lawyer Gunawardena said that instead of rejecting the investigation the government should furbish whatever information in its hands or had access to the new investigative mechanism. The government couldn’t ignore the fact that the UNHRC authorized the fresh investigative mechanism at the 46th session with an overwhelming majority with 22 countries voting for the resolution, 11 against and 14 missing the vote.

Gunawardena urged the government to take a realistic view as Sri Lanka didn’t have time and space to engage in silly maneuvers. The bottom line was that the March 2020 announcement that Sri Lanka withdrew from 30/1 was nothing but a farce, Gunawardena said.



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JVP, too, moves court against deal with US company

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By Chitra Weerarathne and A.J.A. Abeynayake

The JVP yesterday (26) filed a writ application in the Court of Appeal requesting it to declare null and void a Cabinet decision to transfer 40 percent of the Yugadanavi Power Plant to US Company, New Fortress Energy Inc.

Prime Minister Mahinda Rajapaksa and the Cabinet of Ministers, the Ceylon Electricity Board, West Coast Power (Pvt) Ltd, Lakdanavi Limited, the Monetary Board of the Central Bank, the Ceylon Petroleum Corporation have been named as respondents among 43 others.

The JVP’s petition has come in the way of Colombo’s Archbishop Malcolm Cardinal Ranjith and Ven Elle Gunawansa, the Samagi Jana Balavegaya and the Federation of National Organisations (FNO) moving the court against the controversial deal with US energy company,The application has also sought a writ of mandamus on the respondents preventing them from taking any action with regard to the matter until the application is taken up and its examination is concluded.

Former JVP MPs Sunil Handunnetti and Wasantha Samarasinghe are the petitioners.

The petitioners state that the Cabinet decisions undermine the rule of law, the Constitution and democratic principles enshrined in the Constitution and several other statutes, and conventions of democratic governance and Cabinet of Ministers exercising executive powers.

The petitioners state that LTL Holdings (Pvt) Ltd., is the largest power sector engineering company in the country. It was first incorporated in the 1980s as a joint venture of the Ceylon Electricity Board and a multinational group – ABB of Norway.

The Petitioners state that Lakdanavi (Pvt) Ltd., is a fully owned subsidiary of LTL Holdings (Pvt) Ltd., and is a company specialised in engineering, procurement and construction and operations and maintenance in the energy and power generation sector.

They assert that the government has not properly explained particulars of the deal even to the Cabinet of Ministers when transferring the shares of the power plant to the American company.

They have also alleged that the government has not obtained the approval of Parliament for the agreement in question and that the relevant share transfer process has not been carried out in accordance with a formal tender procedure.

They have sought the Appeals Court to issue an order rescinding the decision taken to transfer the shares to the American company and the agreement signed by the government.

In addition, the General Secretary of the SJB MP Ranjith Madduma Bandara filed a Fundamental Rights application in the Supreme Court on 21 Oct., challenging the government decision to transfer 40 per cent of the Kerawalapitiya Power Plant to the US firm.

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Ex-Indian HC in Colombo during turbulent 1989-90 will be featured in next Pathfinder “In Conversation” webinar

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Ambassador Lakhan Mehrotra, former High Commissioner of India in Sri Lanka, will be featured in the next Pathfinder “In Conversation” webinar scheduled at 2.30 p.m. IST/SLST on Thursday 28th October.

Mehrotra will be interviewed by Bernard Goonetilleke, Chairman, Pathfinder Foundation. They will discuss the guest speaker’s publication ‘My Days in Sri Lanka’, which features his experience during the period 1989-1990, when he served as High Commissioner of India in Sri Lanka, during a politically turbulent era coupled with the separatist war in the north-east and an insurrection in the south.

His book, ‘My Days in Sri Lanka’ touches on the beginnings of the conflict, briefly follows on its evolution until it reached its peak in the early 1990s, and then takes the reader in detail through the author’s own experience in the country, nearly two years after the 1987 Indo-Lanka Agreement was signed and the Indian Peace Keeping Force had been inducted at the invitation of President J. R. Jayewardene, while President Premadasa, who succeeded President Jayewardene considered the presence of an Indian military contingent on his nation’s soil as an affront to its sovereignty. Soon after his election, the President issued an ultimatum for the IPKF to leave its shores by 29th July 1989 and threatened military action against it if it failed to do so, which brought the two nations to the brink of a military confrontation.

The High Commissioner’s intensive consultations and tireless interaction with the political leaders of Sri Lanka, the warring factions in the country’s north-east, and the governments in New Delhi and Colombo helped signing of the joint communique on 28th July 1989 on arrangements for phased withdrawal of the IPKF in March 1990 with due recognition of its contribution and sacrifices made to preserve the unity, integrity and sovereignty of the country. ‘My Days in Sri Lanka’ provides information that has never been divulged before. The “In Conversation” webinar will delve into these experiences of the High Commissioner; whose rather brief assignment was from April 1989 to June 1990.

Following his assignment that covered the most turbulent period of Sri Lanka in modern times, Ambassador Mehrotra served as Secretary (East) in the Ministry of External Affairs and as Prime Minister’s Special Envoy for Africa before his retirement in 1992. Later, he served as UN Secretary General’s Personal Representative in Cambodia from 1997 to 2000 and as Head of the UN Diplomatic Mission in Jakarta for Peace Talks between Indonesia and East Timor.

Those who are interested in retracing the history of Sri Lanka should register in advance for this webinar through the link below:

https://us02web.zoom.us/webinar/register/WN_0nxJI2dPR8SCKK7k4hqDpg

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Cardinal lashes out at Minister known as Ten Percent

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His Eminence Malcolm Cardinal Ranjith visits Sarakkuwa in the Pamunugama area where clearing of X-Press Pearl debris continuinues.Pic by Nishan S .Priyantha

By Norman Palihawadane and Nishan S. Priyantha

Monies taken in the form of commissions by forfeiting people’s welfare will never do any good to those who take them, says His Eminence Malcolm Cardinal Ranjith.

“The biggest malady our society is afflicted with is the commissions earned by politicians through various deals. They take commissions from companies by depriving the people of their dues. Such money has blood on them and they would not do any good to those who take them,” the Cardinal said yesterday.

Speaking to journalists at the Sarakkuwa beach in Pamunugama during an inspection tour to witness the progress of cleaning work of the MV X-Press Pearl wreck the Cardinal said: “We have a Cabinet minister who is notoriously known as Mr. Ten Percent. Imagine the shame on this nation when there is such a minister taking ten percent of commission from every project he passes. The monies collected in that way would never bring out any good.”

The Cardinal said that the President, the Prime Minister and government institutions including the Ministry of Fisheries, coast conservation department, marine environment protection authority and urban development authority were duty bound to remove the wreck, clean the beach and the ocean. “In doing so, the government should be concerned about the interests of people, and not about the shipping company, its local agents or agents of the insurance companies. We demand that the government take this case before the International Court of Justice in The Hague and get full compensation for the people. We have information that the agents of companies have come down and are staying in Colombo exerting influence on various political leaders and officials. Their objective is getting out of this by paying a paltry sum. If the politicians and officials permit that we will take to the streets with people.”

The Cardinal said that there was information that Urban Development Authority officials were making plans to give away Muthurajawela to foreign companies. “Muthurajawela is a national asset and belongs to the people. The politicians have no right to sell them off to Korean or Chinese companies. We would not let that happen,” he said.

Associated with the Cardinal were Ven. Pahiyangala Ananada Thera, Chairperson of Marine Environment Protection Chairperson, bishops and other religious leaders.

The Singapore-registered X-Press Pearl caught fire off the coast of Colombo in May and sank while transporting 1,486 chemical containers from the Middle East with stops in India and Sri Lanka during its voyage to Singapore.

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