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UK accepts complaint regarding SJB lawmaker’s alleged British citizenship

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By Shamindra Ferdinando

Civil society activist Oshala Herath yesterday (2) said that the UK Government had responded to his query regarding Samagi Jana Balavegaya (SJB) Naltional List MP Diana Gamage being a British passport holder.

Herath said that he had received a response from the UK Visas and Emigration Section on Dec 1 as regards his Nov 25 query although Election Commission (EC) and other relevant authorities were yet to take up the matter.

Herath, who served in former President Maithripala Sirisena’s media unit, in different capacities, alleged that those responsible for inquiring into the matter were silent on the presence of a British passport holder in Parliament. Herath said the CID was yet to initiate an inquiry.

Having switched her allegiance to the ruling Sri Lanka Podujana Peramuna (SLPP) recently, MP Gamage voted for the 20th Amendment to the Constitution. In terms of the 20th Amendment approved with an overwhelming 2/3 majority, dual citizens are permitted to contest general election or enter Parliament through NL.

Herath made available a copy of the response he received from the UK Visas and Emigration Section to The Island.

Responding to another query, Herath said that he was informed that though the release of information relating to Diana Gamage was restricted in terms of Data Protection Act of 2018, his complaint would be investigated by the relevant unit.

A person, named G. Bunker, who has signed the document on behalf of ‘Central Operations’ has said the e-mail received from Herath was sent to the appropriate department. Bunker has advised Herath that he shouldn’t expect to receive information pertaining to the result of his complaint as release of such material could jeopardise their investigations. Herath said the British would have simply dismissed his complaint if it had been baseless.

MP Gamage, taking part in Hiru ‘Salakuna’ programme, strongly denied being a British passport holder. She is on record as having said via social media that she renounced her British citizenship in 2015 to launch her political career here.

Herath said he was confident that the five-member EC appointed in terms of the 20th Amendment would conduct a proper inquiry into his complaint. Attorney-at-law Nimal G. Punchihewa heads the EC. Other members are M. M. Mohamed, Gunapala Wickramage, Jeevan Thyagaraja and K. P. P. Pathirana. The previous EC consisted of Mahinda Deshapriya, Nalin Abeysekera, PC and Prof. Ratnajeevan Hoole.

The defeated Colombo District UNP candidate at the last general election in early August alleged that the previous EC, instead of conducting a proper inquiry, had thrown its weight behind Diana Gamage. Herath made available his correspondence with the then EC Chairman Mahinda Deshapriya to The Island in respect of MP Diana Gamage’s matter and the re-registering of ‘Ape Jathika Peramuna’ as SJB in the run-up to the last general election.

Herath alleged that the SJB had accommodated Diana Gamage on its NL as she as the General Secretary of Ape Jathika Peramuna had played a significant role in enabling Sajith Premadasa-led rebel UNP group to contest the general election.

In the run-up to the general election, the Supreme Court dismissed Herath’s petition against the registration of the SJB.

Herath said that he would soon write to the new EC Chairman as well as the newly formed five-member Parliamentary Council (PC) regarding the previous EC’s failure to probe the matter. The PC couldn’t turn a blind eye to the EC’s failure though in terms of the 20th Amendment the President was the appointing authority, he said.

Herath said that he had brought MP Gamage’s citizenship issue to the notice of the Secretary to the President, the Speaker and the Attorney General.

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Foreign Secretary sounds ‘consensual resolution’ as pressure mounts in Geneva

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by Shamindra Ferdinando

Foreign Secretary Admiral Prof. Jayanath Colombage on Monday (25) night revealed that the government was having discussions with the UK-led Sri Lanka Core Group in a bid to explore the possibility of reaching a consensus on what he described as a ‘consensual resolution’ ahead of the 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC) scheduled for Feb-March this year.

Admiral Colombage acknowledged that an agreement on a consensual resolution was a politically challenging task. FS Colombage said so in conversation with Faraz Shauketaly on ‘News Line’ on TV 1.

Asked whether the government was under pressure to co-sponsor the new resolution or face a vote in case Sri Lanka rejected the UK-led move, the naval veteran said there was dialogue between the two parties in this regard. Talks have to be concluded today (27)

Prof. Colombage ruled out the possibility of Sri Lanka co-sponsoring the new resolution. The top Foreign Ministry official also dismissed the interviewer’s assertion the government was under pressure to accept the new resolution.

Admiral Colombage said they were also studying some suggestions made by the Core Group.

Asked whether the government would try to convince the Tamil National Alliance (TNA) led political grouping that had demanded an international war crimes investigation in addition to a range of punitive measures to reverse its decision, FS Colombage emphasized that Sri Lanka waged war against an internationally proscribed terrorist group.

The interviewer sought the Foreign Secretary’s assertion of retired justice C.V. Wigneswaran, MP, who signed Jan. 15 dated petition, in his capacity as the leader of Tamil Makkal Thesiya Kutani (TMTK). Altogether, 13 lawmakers represented the three political parties that called for external intervention.

Declaring that serious war crimes hadn’t been committed during the war, FS Colombage questioned the motives of those continuing to harp on unsubstantiated war crimes allegations. Referring to the failure on the part of the Northern Provincial Council to spend the funds allocated for the benefit of the public, FS Colombage asked whether an agenda detrimental to post-war national reconciliation was being pursued.

In the wake of Sri Lanka quitting in Feb 2020 Geneva Resolution co-sponsored by the previous government against one’s own country in Oct 2015, Geneva has warned Sri Lanka of serious consequences. In addition to freezing assets and travel bans slapped on those who had been ‘credibly accused of human rights violations,’ Geneva recommended the launch of criminal proceedings at the International Criminal Court and an international mechanism to gather evidence.

Referring to the US travel ban imposed on Army Commander Gen. Shavendra Silva in Feb 2020, the interviewer sought the Foreign Secretary’s opinion on the Geneva report. Refuting allegations, Admiral Colombage alleged serious shortcomings, including factual errors.

Asked whether the recent appointment of a three-member Commission of Inquiry (CoI) chaired by Supreme Court Judge Nawaz to examine previous CoI reports et al wasn’t too late as well as insufficient just ahead of the 46th sessions, Admiral Colombage explained how eruption of first Covid-19 wave that resulted in the postponement of general elections scheduled for April 2020 caused serious setback to government efforts.

Commenting on simmering controversy over the Sri Lanka-India agreement on the East Container Terminal (ECT) at the Colombo harbour, Admiral Colombage expressed confidence the issue could be resolved soon. The former Navy Chief categorically denied India’s valuable support to Sri Lanka at Geneva et al would be linked with agreement on ECT.

Responding to criticism directed at India over a spate of issues, including the forced imposition of the 13th Amendment thereby creating the Provincial Council system, Admiral Colombage pointed out the Tamil Nadu factor. Admiral Colombage, having reiterated President Gotabaya Rajapaksa’s foreign policy statement, assured Sri Lanka’s commitment to friendly ties with major powers.

FS Colombage emphasized that Sri Lanka’s bilateral relations wouldn’t be at the expense of another country.

Admiral Colombage regretted the recent mid-sea collision involving an SLN Fast Attack Craft and an Indian fishing trawler that resulted in the deaths of four fishermen. The FS emphasized that the incident happened well within Sri Lankan waters near Delft Island.

Navy headquarters last week alleged that the Indian vessel collided with FAC while trying to flee a naval cordon.

Admiral Colombage said that the SLN vessel would have suffered serious damage if the Indian trawler happened to be one with a steel hull.

Asked whether US, India, Japan and Australia would take a common stand vis a vis Sri Lanka in respect of accountability issues, Admiral Colombage asserted that wouldn’t be the case. “Sri Lanka is important to them” Admiral Colombage said, while describing them as the four pillars of the Quad-a security alliance.

Commenting on the disclosures made by Lord Naseby in the House of Lords in Oct 2017, Admiral Colombage appreciated the British politician’s efforts to set the record straight as regards war crimes accusations. The Foreign Secretary said that the revelations were made on the basis of genuine and accurate sources.

The British Lord used classified wartime British HC cables (Jan – May 2009) obtained following a legal battle to counter Geneva accusations. Sri Lanka is yet to officially request Geneva to revisit the 2015 resolution on the basis of Lord Naseby’s revelations.

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UK takes up forced cremation of Covid-19 victims

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The UK has raised human rights concerns with Sri Lanka including forced cremation of COVID-19 victims.

High Commissioner to Sri Lanka, Sarah Hulton OBE said in Tweeter message that the UN report in this regard is to be published next week and she would inform the approach to UN Human Rights Council.

“UK raising human rights concerns with Sri Lanka, including forced cremation of COVID19 victims. UN report to be published next week, will inform the approach to @UN_HRC,” she tweeted.

 

 

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Electors unaware of electoral register revision process – CMEV

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Text and pictures by PRIYAN DE SILVA 

National Coordinator of the Centre for Monitoring Election Violence (CMEV) Manjula Gajanayaka, who visited the polling districts of Puttlam and Vanni, last week, to look into allegation that more than 7,000 voters in the  polling division of Mannar were to be struck off the electoral register, said that electors were unaware of the electoral register revision process. He called upon the Election Commission of Sri Lanka to take immediate steps to educate the public on what actually is taking place; he urged the political parties not to capitalise on the situation. 

 Additional Commissioner of Elections Rasika Pieris said that electoral registers had been revised annually in accordance with the Registration of Electors Act 44 of 1980 to make voting more convenient to the electors by assigning them to the polling stations closest to residences.

 Pieris added that in addition to convenience there were many more advantages to be registered as an elector in the district one resides in.

 Retired Irrigation Engineer A. L. Burhanudhdheen is a chief occupant that has received the Revision of Electoral Register Notice sent by the Assistant Election Commissioner, Mannar. 

Burhanudhdeen had been a resident of Akaththimurippu, Mannar until being driven out by the LTTE in 1990. After being displaced he took refuge in Puttalam and at present lives in a modest house at Nagavillu, Puttlam.

 Burhanudhdeen said that he visited his property in Mannar whenever it was possible, but was unable to construct a new house there due to financial constraints. He also said that whenever possible he and his family had exercised their right to vote in the polling district of Mannar up to the 2020 Parliamentary election. At the last presidential election they had been provided with transport while the Election Commission arranged for a cluster voting facility in Puttlam for the last Parliamentary election, he said.

 Voicing his fears Burhanudhdeen said that he and his family might be struck off the electoral register in Mannar if their appeal was not accepted and added that they had not registered as voters of the Electoral District of Puttalam even though they were resident there.

Assistant Commissioner of Elections Mannar J. Jeniton said that taking action based on reports submitted by Grama Seva Niladharis nearly 10,000 revisions of election register notices had been sent by registered post to electors in the Mannar polling division. 

Jeniton said that the majority of them were known to be persons who were forced to flee from their homes in 1990 due to the conflict. It had been found that they were not resident in that area, he added.

 Jeniton said that about 700 persons had been requested to attend the inquiries and bring with them documents to prove their residence, but only 15 persons had been present.

 Chairman of the Musalee Pradeshiya Sabha A.G.H. Subeeham said that 3,542 constituents in Musalee had been served with Revision of Electoral Register notices requesting them to explain why their names should not be struck off the electoral register. Subeeham said that he did not understand the basis on which the list had been compiled as even persons who had been resident in Musalee for the past 10 years had received such notices. He appealed to the authorities to give the IDPs a grace period of two years to resettle.

The polling districts of Mannar, Mulaitivu and Vavuniya make up the Vanni Electoral District and six Members of Parliament represent the District.

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