New Committee to Study IIGEP Observations

Responding to the report of the International Independent Group of Eminent Persons (IIGEP) headed by Justice P.N. Bhagwati, President Rajapaksa is to soon appoint another commission to study the report.
The IIGEP was first appointed as a Presidential Commission of Inquiry to investigate the various allegations of human rights violations in Sri Lanka, including the abductions, murders and unlawful detention of people under trumped up charges. The IIGEP was cited by President Rajapaksa as an unbiased investigation by "prominent people" from "various countries" at various international fora, highlighting the commitment of his government towards law and order.

The recent report of the IIGEP among other things noted that the IIGEP is not "a substitute for robust, effective measures including national and international human rights monitoring" while also criticizing the involvement of the attorney general's department citing obvious conflicts of interest. (public statement from IIGEP)

Responding to this latest report, President Rajapaksa is to appoint a newer committee to observe the findings of the International Independent Group of Eminent Persons, and to investigate whether the IIGEP in fact acted in a professionally and independently as its mandate required.

The new committee, known as the Universal Autonomous Assembly of Prominent Personalities is to be appointed soon and nominations are currently being considered. Local and world leaders have reportedly been contacted by the Presidential Secretariat inviting them to nominate individuals. Some of the leaders contacted include Hugo Chavez, Fidel Castro, Pervez Musharraf, Mervyn Silva, Dick Chaney and of course, Robert Mugabe.

International Independent Group of Eminent Persons - Public Statement

Below is the text of the public statement made by the IIGEP. The full statement including the responses will be published on LWB soon.

International Independent Group of Eminent Persons
Public Statement

On 1 June 2007, we, the International Independent Group of Eminent Persons (IIGEP), submitted our first Interim Report to the President of Sri Lanka. The report contains our observations and concerns about the President’s Commission of Inquiry to Investigate and Inquire into Alleged Serious Violations of Human Rights (the Commission).

We reported to the President that the Commission has so far made hardly any noticeable progress in investigations and inquiries since its inception in November 2006. Moreover, since our formation in February 2007, we have identified and raised a number of concerns with the Commission and the Government of Sri Lanka. We remain concerned that current measures taken by the Government of Sri Lanka and the Commission to address issues such as the independence of the Commission, timeliness and witness protection are not adequate and do not satisfy international norms and standards.

Independence: We are concerned about the role of the Attorney General’s Department as legal counsel to the Commission. The Attorney General’s Department is the Chief Legal Adviser to the Government of Sri Lanka. Members of the Attorney General’s Department have been involved in the original investigations into those cases subject to further investigation by the Commission itself. As such, members of the Attorney General’s Department may find that they are investigating themselves. Furthermore, it is possible that they be called as material witnesses before the Commission. We consider these to be serious conflicts of interest, which lack transparency and compromise national and international standards of independence and impartiality that are central to the credibility and public confidence of the Commission.

We are concerned that the Commission’s finances are managed by the Presidential Secretariat. The Commission does not have financial independence enabling it to exercise control of its human resources and operations. In particular, the Commission should be allocated sufficient funds to secure the permanent confidentiality, safety and integrity of its victim and witness protection scheme.

Timeliness: We are concerned that the Commission did not commence even preliminary investigations and inquiries until May 2007, despite being constituted six months earlier in November 2006. To date, internal processes have not been transparent; no detailed work plan has been announced; essential staff have not yet been fully recruited; investigative and witness protection units are not functioning; and significantly, evidence already known to be in the possession of Governmental bodies relating to the cases has not been gathered and transmitted to us. Such unnecessary delays undermine public confidence in the ability of the
Commission to carry out its mandate in a timely manner.

Witness protection: We are concerned that there are no adequate victim and witness protection provisions under Sri Lankan law. We are of the view that witness protection is absolutely essential in order to investigate serious violations of human rights that are within the Commission’s mandate. Appropriate legislation that accords with international norms and standards should be enacted and implemented as soon as possible to protect victims and witnesses.

We regret that the Commission still has no functioning victim and witness protection mechanism. In the absence of appropriate legislation, an effective scheme or functioning protection unit, we fail to understand how the Commission could have invited the public, as it did as recently as 14 May 2007, to come forward and give evidence. As the Commission is operating without witness protection legislation, it is unable to guarantee the safety and security of witnesses. Summoning and examining potential victims and witnesses may create fear in their minds about safety and security, deterring them from coming forward to give
evidence.

Mandates: The Presidential Warrant limits the scope of the Commission to a retrospective and fact finding role. The core work of the Commission is to obtain information, investigate and inquire into alleged serious violations of human rights arising since 1 August 2005, including 16 specific cases; and to examine prior investigations into these cases. The Commission is required to make findings and report to the President on the facts and circumstances pertaining to each case; the descriptions, nature and backgrounds of the victims; the circumstances that may have led to, or resulted in, those persons suffering such deaths, injury or physical harm; the identities, descriptions and backgrounds of the persons and groups responsible for the commission of deaths and other acts; measures of reparation to be provided to the victims; and ecommendations in order to prevent the occurrence of incidents in the nature of those investigated and any other recommendations considered as relevant.

.

The IIGEP, comprising of 11 Members, has been invited by the President to observe the investigations and inquiries of the Commission, in order to ensure transparency and observance of international norms and standards. The IIGEP does not have a mandate to conduct independent investigations and inquiries; nevertheless, we are open to all persons who wish to provide information and evidence on the cases under review by the Commission.

Although we are obliged by the Presidential Invitation to transmit third party information to the Commission, it would not be right for us to disclose any information without the consent of the third party, or which may impair the safety or security of such third parties until we are satisfied that effective, functioning and credible witness protection measures are in place. We regret that public statements from State officials are creating the misleading impression that the Commission and IIGEP have wide mandates and powers and the resources to address ongoing alleged human rights violations in Sri Lanka. This is not the case. In the current context, in particular, the apparent renewed systematic practice of enforced disappearance and the killings of Red Cross workers, it is critical that the Commission and IIGEP not be portrayed as a substitute for robust, effective measures including national and international human rights monitoring.

P N Bhagwati
Chairman, IIGEP

Foot-in-the-Mouth Disease: Hallmark of the Rajapaksa Administration

If not the grandstanding and the often mutually exclusive rhetoric thrown about prior to the Presidential elections didn't make you giggle, I am pretty sure that the recent developments in the Rajapaksa-administration sure does. If it has not, maybe you need some giggle-juice courtesy Wimal Weerawansa.

Let's take a look at the recent "eviction" saga and everything else that followed.

1. People were rounded up and sent packing to the north, resulting a huge outcry from various groups.
2. When questioned in Parliament, defense spokesman Keheliya Rambukwella says that the people left "voluntarily," and that there was no "eviction."
3. Supreme Court inter intervenes and stops the whole exercise.
4. As criticism mounts, President Rajapaksa no less says that the action was wrong, ordering an investigation into finding out who was responsible for initiating such a plan.
5. Next, Prime Minister Ratnasiri Wickramanayake expresses deep regret and said it should not have ever happened in the first place. Also finds fault with the police for not checking with the people involved whether they in fact wanted to go or not.
6. The Sunday Leader exposes that the whole exercise was the idea of defense secretary Gotabhaya Rajapaksa, publishing the official memo of the police.
7. Gotabhaya defends the whole exercise saying that "anything is fair" when fighting the LTTE. In the same interview with BBC & Reuters, the defense secretary says -- "Without understanding the problem, they are trying to bully us, and we won't be isolated. We have all the SAARC countries, the Asian countries," he added. "Britain or Western countries, EU countries, they can do whatever. We don't depend on them."
8. Jeyaraj Fernandopulle, the chief government whip then makes a statement opposing the statement of the Prime Minister, saying it was uncalled for and that it affects the moral of the security forces.

That's where things stand at the time of drafting this post. The question that of course pleads an answer in such circumstances is what is the government actually saying? Here we have a situation where four top officials saying essentially four different things.

would like to know what Asian countries are specifically "with us -- no questions asked." It might do a world of good for the good secretary to realize that India was thoroughly annoyed with this eviction issue, with the PM of India even saying that he "hopes better sense will prevail" (story) in Colombo. Surely, he has also not forgotten the concerns expressed by India regarding the ongoing military operations and the need for "meaningful devolution of power." Also, wasn't there some Indian chap saying something about how Sri Lanka should not be shopping for arms in Pakistan and China?

What about Japan then? They are not so gung-ho about everything in Sri Lanka either, with the continuous aid only because of the long-standing friendship and goodwill between the two countries (thanks, JR!). However, even Japan in giving aid reasoned that they do not want the people to pay for the bungling of government.

Hypocrisy of the West or not, I don't think the defense secretary telling them off and banking a 100% on Asian-support is a good path to tread. For if not anything else, he's got to go back "home" to California, right? And I'm sure he wouldn't want to be evicted out of his home in California just because the Sheriff in town thinks he's got "no business" being there.

In conclusion, I think what we are left with at the end of the day is a government that lost at sea with no wind on its sails. While the empty rhetoric and grandstanding might attract a whistle or two from the gallery, the lack of strategy and a holistic view and appreciation of international relations has sunk Sri Lanka to the lowest ebb since the riots of the 80's, undoing in the process the hard work of people such as Lakshman Kadirgamar.

Victor "AFNS" Perera Eats Humble Pie as Political Masters Distance Themselves

In the latest developments of the whole "eviction" saga, the Prime Minister has indeed expressed regret and accepted responsibility for the unfortunate event, while saying that such incidents should not be repeated in the future. Kudos for this admission -- fingers crossed about the "investigation on who is behind the directive" though.

Proving true the claim onLWB that Victor "All Fart No Shit" Perera is capable of swallowing any punnaku soup the political masters have distanced themselves from his words, according to this piece appearing the Daily Mirror:

While rejecting Police Chief Victor Perera’s claim that the Tamil dwellers had left the lodges on their own accord, the Premier said, “Police had asked from them whether they want to go or not only after they were taken to Vavuniya and not while they were in Colombo.” [full story]

Why oh why we're wasting our tax money and heavy debt on these jackasses, I have no idea!

Financial Times: Why is Business Silent (About Corruption) ?

Source: Financial Times

Why is Business Silent?

Every Monday morning, most Sri Lankans wonder what’s in store for them. Rather than look at the week ahead with a lot of vigour, vitality, drive and passion, we have become a nation of what one would call the “what next or so what” mentality.

Never a day passes without distressing news on the warfront of combatants dying on either side of the fence. But that doesn’t worry too many people. “Why bother” is the commonly accepted expression.

The biggest news to hit us and trigger the “why bother” response was the alleged involvement of Treasury Secretary Dr P.B. Jayasundera in the alleged financial deal that President Mahinda Rajapaksa had with the LTTE prior to the election. If this is true – and the Treasury Secretary hasn’t denied the report – it is the first time that a high powered official from an important ministry has been implicated in such a transaction.

Civil society was appalled by this development and in any other developed society the accused would have quit and defended his innocence, if that was the case, outside. But in the Sri Lankan case, the Treasury Secretary appears to have chosen to ignore the report. However, shouldn’t he clear his name?

On the other hand the politicisation of ‘permanent’ secretaries is not new. It happened during President J.R. Jayewardene’s time, followed by Ranasinghe Premadasa, Chandrika Kumaratunga and now Mahinda Rajapaksa. So in this sense, it’s a follow the leader kind of exercise. But shouldn’t this kind of behaviour stop and parliament be called to review the role of the permanent secretary?

The high priests of the business community are also a pathetic lot – choosing to ignore or only raise concerns of the state of Sri Lanka in private. The Chamber of Commerce (CCC) statement this week was a weak attempt to draw attention to the growing crisis in Sri Lanka.

There were two massive business conferences – the CCC’s economic summit and the CIMA Business Summit. But these chose to sidestep or ignore the crises with probably some passing reference if it came to economic stability. The business community came with all guns firing in 2001 when its bottom-line was hit after a series of LTTE attacks (Colombo airport and oil refinery) and a crisis in US markets for garments.

With profits sharply down, some groups within the CCC came together to launch the Sri Lanka First initiative with a massive ‘hold hands for peace’ involving close to a million people across Sri Lanka being the focus of attention. It was the biggest display of private sector involvement in a non-business but political issue.

What has happened to that initiative – at a time when business desperately needs some leadership and direction to ensure that the fighting ends and peace talks resume? US Ambassador Robert Blake was among those who this week said there was an urgent need for a negotiated settlement to the war and noted how much had been lost in terms of investment due to the conflict. His audience – top business leaders; any discussion on this issue? As far as we know, NO. At the same time as these conferences were taking place, hundreds of Tamils were being bussed out of the city against their will!

While the crises and uncertainty increase, lopsided government policies are not helping even those who choose to invest. For example local companies that have invested in mini-hydro and dendro power projects are coming up against a wall of bureaucratic processes that would deter any foreign investor.

The approvals are so numerous that companies have spent months in going from desk to desk at some government office trying to get the project off the ground.

These are national projects intended to ease the acute power crisis plaguing this country. While this ‘harassment’ goes on, Power Minister W.J.M. Seneviratne in a statement this week spoke of a major power crisis and warned of power cuts in the future!

Aney Manda Sarath!!

Percy : Aney manda Sarath, what do you think you’re doing?
Sarath : errr… what now?
Percy : What do you think you’re doing, stopping the Tamils from being evicted?
Sarath : My job, perhaps?
Percy : Righttt… so you are doing your “job” now, all of a sudden.. You’re making life difficult for me
Sarath : ea kiwwe?
Percy : This is not the first time you’ve ruled against my government. First you went and gave that Brigadier a promotion. Then you said brother Gota doesn’t have the authority to close down Tiran’s business… and now this… What the…
Sarath : Watch your language Percy… I’ll hold you in contempt…
Percy : Aney mey… umbei magei contempt!!
Sarath : Percy, listen now. You can’t be acting like a bull in the china-shop just because you’ve got the brains and the balls to match. You’ve got to get about these things in rather diplomatic way…
Percy : bull in the mokak?
Sarath : Son – look, I helped you double cross the lady and eventually land in this job. And now that WE are here, it’s important to stay here. What these idiots was doing was about to create a major international condemnation against us…
Percy : Condemn karanna accident ekak uney naa ne… Ceylinco VIP eken gevai
Sarath : Gono…
Percy : Yes?
Sarath : Mung karapu booru wade nisaa api thava podden nombara eke parippuvak kanava. Umbata mathaka nedda Indiyaaven baapu parippu packet?
Percy : Appata hudu – aththa thamai… Mata danui therune… Machang, umba nang deiyyek Sarath. Honda velaavata navaththuve!
Sarath : Yes. I have set the stage for you… Now all you have to do is blame some idiots and wash your hands off the whole incident
Percy : Righttt… Mata innava nombara ekey porak – ekata ona punnakku soup ekak powanna puluwan.
Sarath : Kawda pora?
Percy : Victor Pada-Show Perera… Mama oota poddak benala, inquiry ekak daanang… ethakota okkoma hari!
Sarath : Hmmm… sounds ok
Percy : Ehenang mang gehin ennang… Bohoma isthoothi machang support ekata!
Sarath : Shape shape… api passe balaagamuko…

My Apologies to the Tamil Community

As ashamed as I feel right now, I would like to extend my sincerest apologies to the entire Tamil community who are suffering from the irresponsible, unconscionable and blatantly racist behavior of the Sri Lankan government.

The rounding-up of Tamil-speaking people, who, being Sri Lankan citizens apart, "had no good reason to be in Colombo" and herding them off to northern areas of the country is not only a violation of basic human rights, morality and a dereliction of duty of a responsible government, but an ample demonstration of apartheid-policies of an increasingly racist Sinhalese government.

While I understand that security concerns are real and present, there are appropriate ways and means to fight those -- including the dreaded emergency regulations that have been used with good effect over the last twenty-odd years. What is the point of fighting to "protect the constitution" and the "sovereign state" when a government cannot guarantee its citizens the most basic, the most fundamental, and the most needful of rights? In my opinion, everything else in such a situation takes a secondary role.

However, rounding up of people like this based on the sole criteria of race marks a new low in this conflict that has marred post-independent Sri Lanka. This incident goes beyond the riots (they were done by mobs), and the massacres at Sri Maha Bodhi and the bombing at Dalada Maligawa (they were done by "terrorists").

This time around however, the most shameful of actions are done by none other than the official government, the officers of the law, and the defenders of the citizenry in collusion.

Today, I stand ashamed than ever before for the actions of our government. Today, I extend my heartfelt sympathies to the Tamil community the world over for the shameful actions of our government. And today I stand convinced than ever before that the struggle for Tamil Eelam is thus justified even to the most ignorant observer -- our Sinhalese governments just don't understand.