Questions Raised On The Transparency And Integrity Of The OISL

By Camelia Nathaniel

Serious concerns regarding the credibility of the Office of the High Commissioner for Human Rights (OHCHR) investigation on Sri Lanka (OISL) being carried out has arisen, due to the recent discovery of signatures being obtained in blank forms, from the families of those affected by the conflict.

The minister of foreign affairs Professor G.L. Peiris convened a meeting last week with representatives of the OISL and Heads of Missions, and briefed them on the recent arrest of Sinnathamby Krishnarasa who had possessed blank forms containing signatures of conflict affected persons who had been promised monetary compensations by the UN in exchange for their signatures and copies of National Identity Cards and death certificates.

The minister during the meeting pointed out that investigations following his arrest have revealed that the information collected by deceiving conflict affected families was to be utilised in reports to the OISL.

Sun Master and Mike Erwin

Peiris raised concerns over the integrity and transparency of the whole OISL process and also highlighted the fact that certain parties were trying to manipulate the plight of these innocent people in order to distort the truth and create a distorted picture in order to discredit the Sri Lankan Government and the security forces.

Krishnarasa who resides in Kiranchi Pooneryn had undergone training in the LTTE in 1999 in Kiranchi under the political wing member Nation and thereafter engaged in activities of the LTTE. During the conflict his daughter Lingeswarie was killed in battle while another daughter Sudharshini is reported missing in action. During the conflict Krishnarasa lived in Vishwamadu and with the end of the conflict had moved to the government controlled area in Mullivaikkal. Thereafter he lived in Manik farm until his resettlement in the present location in November 2009.

On October 25, Krishnarasa who was an ex-LTTE non rehabilitated cadre was taken in for questioning for having in his possession 25 blank submission papers of which six had signatures on them. The six signatures that were on the forms were of persons from Kumalamunai, Mulangavil and Iranamathanagar. These forms were to be subsequently submitted to the OISL Geneva and it is suspected that the blank signatures were obtained with the intention of a third party filling them out later implicating the security forces of human rights violations.

With TNA Ravikaran

Sources from within the TNA revealed that the forms were to be subsequently filled as per the instructions of the TNA blaming the security forces of HR violations. The suspect also had in his possession a diary containing around 400 names of those who had lost their loved ones in the war and according to certain TNA members who wished to remain anonymous, they were instructed to obtain the signatures of all those on the list obtained from the local authorities. This list of 400 contained names of missing persons, the names of persons who had died and injured during the humanitarian operations in Puthulathalan, Kiranchi, Mulliyavaikkal, Iranamadu, Nachchikuda, Mulankavil, Sugandhirapuram and Valaignanamadam. The list had also contained names of children who the parents had not allowed the LTTE to conscript.

Upon speaking to several persons who had signed this form, it was revealed that they were told this form was to obtain compensation from the UN for their losses and also requested tem to hand over any other relevant documentation as well including death certificates etc. These vulnerable people had believed this story as they could not read the forms. Hence the information had been collected on the pretext that the TNA is planning to help provide financial and material aid to families who had been affected by the humanitarian operations.

In TNA Election meeting with Sivasathy and Vino MPs

Further while searching his home police had also discovered detailed information on all military camps in the Vanni area detailing even the troop strength in every camp.

It was further revealed that Krishnarasa had been instructed to meet Alva Pulle Vijendrakumar alias Sun Master (presently serving on the TNA advisory panel) at the Vavuniya bus stand at 1500 hrs on the 22nd of October. At this meeting Sun master had handed over the submission papers and instructed Krishnarasa to collect death certificates of any person who had been killed during the humanitarian operations, personal details of war widows and their national identity card numbers and photographs of disabled persons. Further sun master had instructed him to gather only the signatures of individuals on the forms that he had provided.

The Sunday Leader also reliably learns that even during investigations conducted by the law enforcement authorities, Sun Master had been contacting Krishnarasa on his mobile phone. Further it was also revealed that several other trusted TNA supporters including a grama sevaka had also been engaged in gathering such information and signatures.

A meeting with the participation of 15 selected peoples from Mannar, Vauniya, Kilinochchi and Mulathive was held at a hotel in Vauniya recently where a few foreigners also participated.  According to d participants, sun master (Valvaipulle Vijendrakumar) has coordinated this event and have collected their personal details’

It is also alleged that the Tamil National People’s Front (TNPF) and TNA Northern Provincial Council member Ananthy Sasitharan had also been involved in this sinister endeavor. In fact she had requested the office of the UN high commissioner for human rights in Geneva to grant them more time to gather information.

The Sunday Leader also reliably learns that Ananthi and T.Ravikaran (another NPC member) went to Geneva on their own without NPC permission.  According to TNA sources, the Governor took the issue very seriously and sent a letter to NPC Chairman C V K Sivagnanam saying that henceforth, NPC members will have to take the Governor’s permission for overseas visits, even  if private.

Chairman of NPC, C V K Sivagnanam says that the circular on foreign travel had been issued to all Provincial Councils four or  five years ago but it was brought to the notice of the NPC (by the Governor) only recently after the controversial visit of Ananthi and Ravikaran to Geneva in the second half of September this year.

Meanwhile issuing a statement the minister of External Affairs Professor G.L. Peiris had pointed to the unofficial extension of the deadline given to make submissions to the OISL that was conveyed by the OHCHR Spokesman to a local newspaper, in which he had stated that late submissions would not necessarily be refused since some material would take time to arrive.

But Prof. Peiris stated that although it is not unusual to extend the deadline, the manner in which it has been done and the fact that it came soon after Northern provincial council member Ananthi Saitharan requested for such an extension, has benefitted groups with vested interests.

The Minister had also stated that such actions are unacceptable and had expressed his shock at the unprofessional conduct demonstrated through such developments.

He had also expressed regret at the nature in which the hearings of the OISL are to be carried out in Europe, Asia Pacific and North America where alleged victims residing out of Sri Lanka are due to be accessed. He had pointed out that the absence of the dates or venues of such hearings shows that the OISL arranges only to interact with persons of their choosing who would give them access to the type of information they wish to receive for a specific outcome.

It is also noteworthy that arrested LTTE members in Malaysia were found to be in possession of UNHCR identity cards, raising concerns regarding the involvement and the motives of the organisation itself. It also raises concerns regarding the UN’s refusal to reveal the identities of those who provided information to the Darusman panel   until 2013. In the wake of discovering the blank forms being distributed, it raises doubt if the information provided for the Darusman panel were also obtained in the same manner.

Meanwhile Professor Peiris further stated that  the processes of the OISL so far demonstrates a selected and biased approach and had stated that despite Sri Lanka rejecting the investigation it is only reasonable to expect that certain fundamental principles relating to the objectivity  and fairness is followed.

Further the UNHCR had granted approval for submissions to be made in all three languages, however they had later informed those who made submissions that all supporting documents have to be translated into English, French, Spanish or Russian language.

The OHCHR in an earlier circular calling for submissions stated that Individuals, organisations and governments are invited to submit information and/or documentation on alleged serious violations and abuses of human rights and related crimes allegedly perpetrated from 21 February 2002 until 15 November 2011 in Sri Lanka by either of the parties to the armed conflict.

It said that submissions must be made by midnight, Geneva time, on 30 October 2014. This is to allow the investigation team time to analyse all the information gathered before drafting its report. Drafting needs to be completed at least two months before the report is presented to the HRC in March.

Yet in spite of the guidelines clearly mentioned the spokesman for the OHCHR extends the cut off date. This too raises concerns whether Anandi Sasitharan’s visit had anything to do with this extension, and if so how credible will this investigation be? Taking all these incidents into account it is clear that this investigation does not stand in consistence with the practice of the United Nations fact finding bodies and does not conform to establish reasonable grounds to believe and be accepted as a standard of proof.

Meanwhile The United States has expressed concern over the Sri Lankan government’s attempt to silence persons cooperating with the United Nations mechanism inquiring into Sri Lanka. US Ambassador to the UNHRC Keith Harper had tweeted on his official twitter account that Sri Lanka must understand that attempting to silence those cooperating with the UN is an attack on the UN.

Further the TNA too had denied any involvement with the distribution of the blank forms and also denied that Sun Master is a member of the TNA and that alleged activities with regard to the distribution and collection of forms have not been endorsed by the TNA.

Source: http://www.thesundayleader.lk/

Sri Lanka: A Tamil From Colombo's Story

Demand to Ban “Madras Cafe” Displays an Intolerant Streak of Tamil Nationalist Groups.

Tamil nationalist groups are again displaying an intolerant streak. They want Madras Café, a film loosely based on the assassination of Rajiv Gandhi, to be banned because it shows the Tamil Eelam struggle in Sri Lanka in a poor light. Though the Madras High Court has rightly declined to stay the release of the film, some groups seeking to ban the film are readying themselves to create a law and order problem as a form of 

protest.

That apprehension of law and order disruptions cannot be grounds for banning a film is settled law and has been upheld repeatedly by the Supreme Court of India. In its judgment in S. Rangarajan v Jagjivan Ram involving the film Ore Oru Gramathile, in 1989, the court was unequivocal that “freedom of expression cannot be suppressed on account of [the] threat of demonstration and processions or threats of violence.”

The right to freedom of speech and expression is enshrined in the Constitution, and chauvinist elements, no matter of what hue, should not be allowed to infringe on this right citing some imagined slight to a group or community. The onus is on the State government and its policing arm to act against those attempting to disrupt law and order. Whether the film is good or bad, whether it is fact or fiction, all these have nothing to do with the right to freedom of expression of the film-makers and artistes.

Of late, film-makers and distributors have been organising special screenings for representatives of groups or communities who apprehend that the film could be offensive to their sensibilities. In Tamil Nadu, the government appears to have encouraged such groups by banning the film Dam 999 and seeming sympathetic to those wanting a ban on Vishwaroopam.

The Central Board of Film Certification is the only competent body to censor a film, and once cleared by the board, no film should again have to be subjected to “clearance” from groups claiming to have been offended by it. Chauvinist elements are emboldened when a government adds to the pressure on the film-makers, instead of getting tough on those threatening to disturb law and order. Too often, the producers are forced to compromise and agree to cuts rather than risk prolonging the release of the film.

When the government does not stand up for freedom of speech and expression, film-makers, distributors and exhibitors think it is safer to buy peace with the chauvinist groups. It would reflect very poorly on the administrative capabilities of the Tamil Nadu government if the film is withheld from exhibition for fear of violence. As for those who wish to protect their fragile sensibilities from being hurt in any manner, how’s this for a really simple remedy? Don’t see themovie.

COURTESY:THE HINDU

Censors Clear Tamil Version of “Madras Cafe” but Theatres in Tamil Nadu Refuse to Screen Film Due to Fear of Pro-LTTE Tamil Extremists

The Tamil version of the John Abraham-starrer Madras Café was cleared by the censors with no cuts on Thursday, but the film’s distributors found no takers among the exhibitors for a release in Tamil Nadu on Friday.


A representative of Viacom18, which co-produced the thriller along with Mr. Abraham, said the Tamil version got an ‘U/A’ certificate. However, none of the theatres in the State was willing to release the film in the wake of threats of protests from some Tamil nationalist groups.

Almost all major exhibitors had scheduled other films for the week ahead and opened advance booking for them, keeping ‘Madras Café’ out of the list. A cinema hall operator, on condition of anonymity, said the risk of screening the film was “simply not worth taking”.

Directed by Shoojith Sircar, the film is said to be set in the 1980s in the backdrop of the Tamil civil war in Sri Lanka and it features model-turned actor John Abraham in the role of a RAW agent. It also has scenes depicting the assassination of a former Indian Prime Minister and with several references to the leader of a prominent Tamil separatist group.

Tamil nationalist groups in the State have been objecting to the film saying that the references to LTTE and its slain leader V.Prabhakaran are hard to miss, and that the film denigrates the struggle of Tamils in Sri Lanka.

COURTESY:THE HINDU

Where are the next of kin of the supposedly executed 40,000-125,000 Tamil civilians in Sri Lanka?

By Shenali Waduge

The "experts" and "authorities" must have their say and certainly their voice is far more powerful than a country as small as Sri Lanka. They are the ones that make the laws, they decide who the villains and the heroes are, they can make heroes into villains and villains into heroes, they can frame charges, they can also decide not to frame charges - in short it is only their wishes that prevail. Justice is justice that suits them and not the victims. Victims are who they define as victims on a selective basis and perpetrators are all those that do not conform to their agendas. It is with these incongruities that Sri Lanka finds itself being allegedly bullied and thrown figures of casualties that vary between initial figures of 7000 to 40,000 to 60,000 and now to 125,000. Given that we accept the figures by these "authorities" - what next needs to be asked is 4 years on where are the next of kin of these 125,000 or even 40,000 - why have they not come forward naming the "executed"?

We now come to those who are making these guestimate figures. US Secretary of State Robert Blake states 40,000 died at the US Congressional hearing to which US House Foreign Affairs Subcommittee Congressman Eni F.H. Faleomavaega asked "why are we picking on a little country like Sri Lanka" and Mr. Faleomavaega recommended that the US Resolution should be withdrawn for "focusing only on the last few months of the war and failing to acknowledge.... almost 30 years, the Tamil Tigers hacked to death innocent men , women and children in Sri Lanka, carried out some 378 suicide attacks more than any other terrorist organization in the world."

Read Complete Article : http://warcrimesrilanka.blogspot.com/p/blog-page.html

When TNA leaders go shopping for separatist sponsorship in Canada and US

By Shenali D Waduge

There is little that sets the LTTE and TNA apart. The objectives of both remain the same only the modus operandi differed. The Sri Lankan Armed Forces eliminated the ground terror of LTTE removing the terrorist aspect from the quest. Now the TNA has taken over the baton with the objective well on track. The world and Tamils conveniently forget that LTTE launched its campaign by killing their own Tamil people FIRST while Tamil parliamentarians simply watched. Our issue is that while LTTE is designated as a terrorist organization and remains proscribed even 4 years after its demise, the TNA are voted parliamentarians so what business does the TNA have to continuously fly overseas (8-12 August 2013) to meet pro-LTTE lobbies under the very eyes of the Canadian Government whose decision to attend CHOGM is decided by the lobbying tactics of Canadian Tamil votebase ridiculing the integrity of some Canadian parliamentarians. TNA next transited to the US where its State Dept presumably do not "talk" to terrorists but "discusses" options of piggybanking on the separatist agenda for it works perfectly with their plans to destabilize Sri Lanka and the Asian region - a coup d'‚tat within a coup d'‚tat? It is high time the Sri Lankan Government read out the 6th amendment to the TNA.



Read Complete Article More : http://warcrimesrilanka.blogspot.com/p/there-is-little-that-sets-ltte-and-tna.html

SL ready to share its experience as best practices on humanitarian effectiveness with other countries

Sri Lanka’s Ambassador to the UN in Geneva Ravinatha Aryasinha has said “the approaches used in post-tsunami and post-conflict Sri Lanka, with suitable adaptation, could be deployed in managing humanitarian situations in other countries as well, and that the Government of Sri Lanka continues to stand ready to share its experience as best practices on humanitarian effectiveness, with other countries that are similarly placed, in an effort to relieve those who undergo suffering due to humanitarian emergencies.
Ambassador Aryasinha made these observations when he delivered the Sri Lanka statement at the humanitarian affairs segment of the Substantive Session of ECOSOC, held at the Palais des Nations in Geneva on 17th July 2013.

Ambassador Aryasinha recalled that as a country Sri Lanka had not only grappled with a separatist terrorist conflict for almost 30 long years, but also dealt with an unprecedented natural disaster in the form of the Asian tsunami in 2004. Detailing the systems deployed by the government’s Centre of National Operations (CNO) to manage natural disasters, he said the 24/7 operational capacity now allows Sri Lanka to evacuate coastal areas within an hour of a tsunami alert. He also enumerated the significant strides made by the Government of Sri Lanka over the 4 years since the ending of the terrorist conflict, in re-settling IDPs, de-mining, restoring livelihoods and property of those affected and initiating a program to pay compensation to the conflict-affected residents of Northern Province, who lost loved ones and property and sustained injuries, as part of a process of restitution.

Read More : http://www.lankamission.org/images/2013Images/July/ECOSOC_statement.pdf