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Why Commonwealth SG Sharma Need to Show Leadership On Sri Lanka

Callum Macrae

Callum Macrae

This is a crucial moment in the ongoing campaign for truth and justice in Sri Lanka.

Tomorrow, Friday 26th April, the Commonwealth Ministerial Action Group will collect in London.  There they will go over developing calls for the next meeting of the Commonwealth Heads of Government (CHOGM) to be taken away from Sri Lanka.  CHOGM is scheduled to be held in Colombo in November this year.

The concept that CHOGM should be hosted by a regime accused of such serious war crimes is abhorrent to most people who believe and hope the Commonwealth ought to be a force for great – a neighborhood of nations functioning towards human rights and justice.

That the Sri Lankan government would then become the chair of the Commonwealth for the subsequent two years is even a lot more disturbing.  A regime embroiled in an increasingly desperate and dishonest campaign to delay and deny the serious evidence of war crimes &#8211 and the growing international determination to call them to account – is in no position to defend the core values of the Commonwealth.

At this critical time for the Commonwealth attention will focus increasingly on the function of the Commonwealth Secretary Basic, Kamalesh Sharma.

Several will be looking to him to give the type of leadership which can strengthen the Commonwealth’s part in encouraging human rights, justice and an end to impunity.

He can make certain that this issue is confronted. Indeed many would argue he has a clear duty to do that.  If the Commonwealth drifts blindly into enabling itself to be headed by a regime accused of such appalling war crimes and crimes against humanity it would be catastrophic.  But I see no signs so far that Mr Sharma has any intention whatsoever of acting to prevent that taking place.  I hope I am wrong.

There is a curious Commonwealth process which offers for the Secretary Basic to exercising his “good offices” to resolve this sort of scenario ahead of severe action is taken.  It is suggested that a two month period be permitted for that.  Mr Sharma has been formally working out his “good offices” for significantly far more than two months now.  And in that time items in Sri Lanka have got worse, not far better.  Repression of Tamils in the north has enhanced.  Tamil newspapers have been violently attacked.  A journalist from the Sunday Leader – whose founding editor was assassinated four years ago – has also been shot.

Now violently ultra-nationalist groups led by intense Buddhist monks  &#8211 tacitly endorsed by the President’s brother, the Defence Secretary Gotabaya Rajapaksa &#8211 have launched attacks on minority Muslims.  The country’s judiciary is in crisis following the politically motivated impeachment of the country’s Chief Justice.

Sri Lanka is quickly sinking into a despotic morass – it is increasingly seen as a pariah state.

On Friday Secretary-Common Kamalesh Sharma will report on the question of Sri Lanka’s hosting of CHOGM to the members of the Commonwealth Ministerial Action Group (CMAG) committee.

He owes it not just to the future of the Commonwealth, but also to its values of truth and justice – to ensure that CMAG discusses taking CHOGM away from Sri Lanka.

On the webpage of the commonwealth…

http://www.thecommonwealth.org/subnewsarchive/191183/231999/ask_sharma/

&#8230we – the citizens of the commonwealth – are invited to place a comment or a query to Mr Sharma, by sending a message, with ‘Ask Sharma’ in the subject line, to this address:

[email protected] 

I recommend that as a lot of of us as achievable do that over the next 24 hours. Let’s make certain that today we ask him – politely and respectfully – what he intends to do about Sri Lanka and CHOGM.   And if he believes that a regime accused of such terrible war crimes – and probably to be embroiled ever far more seriously in such allegations more than the next two years – is truly match to lead the Commonwealth.

The calls from around the world are growing.  Final week 900 Commonwealth lawyers meeting in South Africa named for Sri Lanka to be suspended from the Councils of the Commonwealth due to its breaches of the rule of law and of the independence of the judiciary, as well as the gross harassment of members of the legal profession.

That contact has now been endorsed by the Law Society of South Africa and echoed by the International Bar Association.

The tide is turning – the calls for justice increasing.  The Commonwealth need to not be left behind.

*Callum Macrae &#8211  director, “No Fire Zone: The Killing Fields of Sri Lanka.”

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Practically US$ 79 million earned from Duty Totally free Shops at KIA

By Lal Gunesekera

The Bonds Division of the Customs Department had a income collection of Rs. 7.three billion in 2009. A sum of US$ 56,978,451 was earned from the duty totally free shops at the arrivals lounge of the Katunayake International Airport (KIA) and US$ 22,570,509 from the departure lounge with total income earned becoming US$ 78,548,960. The Bonds Investigation Unit (BIU) recovered a total of Rs. 54,534,000 last year.

The Investor Facilitation Centre (INFAC) earned revenue of Rs. 10,664,211,070 from Board of Investment (BOI) enterprises with duty recovered from cancellation of agreements getting Rs. 12,766,307.

The Customs at the KIA had a income collection of Rs. 452,853,349 last year, even though Rs. 84,316,750 was collected mainly from currency circumstances (Rs. 30,315,241) and gold jewellery instances which was Rs. 28,795,405.

Also in the course of the year (2009), the Customs Narcotics Manage Unit (NCU) produced two noteworthy detections resulting in the seizure of 2kg 798 grams of heroin concealed in potatoes and continued to maintain its surveillance on all flights arriving from source nations and suspected airports. The NCU performed joint operations with the Police Narcotics Bureau at KIA, Air Cargo, LCL Warehouses and Container yards.

Given that 1984, the NCU has seized 385.723 kg of heroin with the biggest seizure of 62.607 kg becoming in 1990. Among the other narcotics that have been seized considering that 1984 was hashish (88.904 kg), opium (95.98 kg), cannabis 2.45 kg), cocaine (9.018 kg) and hashish oil (.0028) in 1994.

The Excise (Specific Provisions) division collected Rs. 47,996.88 million throughout final year (2009) mainly from cigarettes (Rs. 37,670.16 million) and petroleum (Rs. 7,854.18) and also recovering Rs. 600,000 from 20 Court circumstances.
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On The Not So All-natural Rise Of Electrical energy Prices

Kath Noble

Kath Noble

One of the many conspiracy theories that has emerged with regard to the anti-Muslim campaign of the Bodu Bala Sena and others is that it is an attempt by the Government to distract people from other concerns, primarily the state of the economy.

If so, it isn’t working. Last week’s increase in electricity tariffs hasn’t been overlooked by anybody in Sri Lanka.

However, the Government has succeeded in convincing a fair share of the electorate that it isn’t really its fault. Keheliya Rambukwella summed up its argument at the regular media briefing on Thursday. He explained that the tariff increase was unfortunate but unavoidable, since ‘no administration can subsidise utilities forever’.

This sounds reasonable, but it isn’t actually true.

The concept of ‘breaking even’ doesn’t make sense when discussing a public enterprise. The CEB is not a company. We have come to talk of its ‘losses’, but this is to accept the neo-liberal logic that the Government claims to reject. The Ministries of Health and Education also spend more than they earn, but we don’t consider them to be ‘indebted’.

In that sense, the Opposition is right in pointing out that the Government is neo-liberal, as its economic affairs spokesman Harsha de Silva did in response to the hike. Of course he should have said ‘also neo-liberal’, since the credentials of the UNP as the vanguard of neo-liberalism in Sri Lanka are unquestionable, thanks to Ranil Wickremasinghe. Unfortunately, he combined that accurate observation with a totally misguided suggestion as to what to do about it, saying that if the economy is in so much trouble, what is needed is austerity.

Even the IMF is having second thoughts about ‘cuts’ as a response to a downturn, as its advice to the UK just days ago shows, with that country on the verge of an unprecedented ‘triple dip recession’.

Austerity isn’t the same as tackling waste and corruption. There is a difference between ensuring that expenditure is productive and targeting an overall reduction in expenditure.

In the same way, there is a difference between targeting subsidies so that the right people benefit and reducing the level of subsidies.

This is not to suggest that there is no problem with the amount that the Government spends on the CEB. It comes to 0.8% of GDP, which is an awful lot in comparison with the 1.9% that it allocates for education and the 1.3% that it gives to health.

Efforts should certainly be made to reduce this amount.

In terms of costs, Tilak Siyambalapitiya has produced a very succinct analysis (‘Talk sense about electricity costs and prices’, The Island, March 6th). He says that the approved cost of Rs. 2.56 for distributing a unit of electricity, which includes the cost of investment and maintenance of the distribution network and the supply of electricity, including metering and billing, is comparable with international norms, but could be brought down by 1% per year in real terms. A similar conclusion is reached for the transmission of a unit of electricity, with an approved cost of Rs. 0.73. He makes the same assumption as Keheliya Rambukwella that expenditure should be met by income to conclude that a unit of electricity has to be generated for Rs. 10.74, taking into account 12% losses and a total income of Rs. 15.50 per unit (10.74 = 0.88 x [15.50 – 2.56 – 0.73]), which is the case only for the CEB owned hydro and coal power stations.

An equally helpful discussion of prices is needed. The Rs. 15.50 per unit charged by the CEB is an average, and the way in which the burden should be shared is not obvious.

In response to the hike, everybody from bakers to the manufacturers of bathroom tiles have said that they will have to increase the prices of their products to compensate. This has to be taken into account in deciding who should pay how much.

Unfortunately, this is not going to happen by itself.

The Government carefully avoids debate of ‘zero-sum games’. It doesn’t want to admit that it makes choices between different groups in society, since that would mean alienating somebody. It prefers us to believe that all situations are ‘win-win’ or at least ‘lose-lose’.

This is equally true of taxation, and we should remember that the 0.8% of GDP that the Government spends on the CEB is only a problem because the share of taxation is so low and falling.

We may assume that the reason the Government has still not published the report of its Presidential Commission on Taxation, submitted to Mahinda Rajapaksa way back in 2010, is that it doesn’t want to upset people who really ought to be paying more. It thinks that it can get away with collecting almost everything from taxes on goods and services, rather than taxes on incomes, which is very bad news for people with low or no incomes.

High income earners not only pay relatively little in taxes on goods and services, they also pay relatively little for electricity.

The JVP raised another important point with regard to the electricity tariff hike. Its spokesman asked why the Public Utilities Commission bothered to hold a ‘consultation’ when it paid absolutely no attention to the opinions of anybody who participated.

Its report makes amusing reading. An unfortunate employee clearly wasted a very long time summarising the suggestions of the 275 people who either sent a written submission or made a presentation at the public hearing. Every single one of them is marked ‘no’ or ‘no comment’. Even proposals to ‘reduce corruption in the CEB’ are ruled out.

Given that the public has to pay for the opportunity to express their ideas, this is more than a little disappointing.

However, it is hardly surprising.

The Public Utilities Commission was established by the administration of Ranil Wickremasinghe, as part of its effort to privatise the CEB.

By now, everybody knows that this is a policy that has failed in many countries.

Even the Government has accepted that the private sector cannot help with electricity. At the media briefing, Keheliya Rambukwella also confirmed that it would be progressively reducing its purchases from the private sector, in favour of CEB owned power stations. If only it had worked this out earlier!

Also, it doesn’t seem to have understood why, since it is cheerfully pursuing exactly the same policy of privatisation in even less appropriate sectors of the economy.

Most extraordinarily, last week it was reported that the Government is to sign agreements with companies interested in investing in medical equipment such as MRI and CT scanners to be installed in public hospitals. The Secretary to the Ministry of Health was careful to explain that these services would continue to be free at the point of use – the Government will pay the owners of the machines according to the number of patients treated. How on earth they can’t see that this will end up in the Government spending more than if it had bought the machines itself is a mystery.

It may not be long before the Government thinks that the country’s health needs can just as well be met in private hospitals, in much the same way as it is so eager to have private universities cater to its education needs.

A little more attention to the state of the economy is therefore most certainly needed.

That doesn’t mean that the Bodu Bala Sena and others can be neglected, since they present a very serious immediate danger to society. However, what could very easily be ignored are the rest of the conspiracy theories that surround the anti-Muslim campaign. Far more likely than it being the work of Norway or Israel or India or the United States or any other country is that Sri Lankans have created this problem all by themselves. In any case, nobody else is going to solve it.

*Kath Noble’s column may be accessed via http://kathnoble.wordpress.com/. She may be contacted at [email protected].

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WikiLeaks: In Reality Economic Decisions Are Made By Brothers

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MR orders complete inquiry

While denying reports that the Sri Lankan Navy had fired on Indian fishermen, President Mahinda Rajapaksa said that he instructed the Navy to carry out a detailed investigation into the incident, the Hindu reported today.

Talking over breakfast to foreign correspondents at his Temple Trees residence in Colombo this morning, he said that the Sri Lankan Navy was not involved in the incident.

Asked if Prime Minister Manmohan Singh had spoken to him about the incident, he said that the Prime Minister had not. Asked if the Sri Lankan government would take action in the event of the firing being committed by its security forces, he said that despite the preliminary investigation – which established that the Navy was not involved — he had asked the Navy Commander to conduct a detailed investigation.

The Sri Lankan Navy’s chief of operations, said that the incident occurred well within the Indian waters. “The sea is very shallow in these areas and the position of all our ships’ locations are monitored by land-based and other equipment. This is in the open and anyone can check,” he told The Hindu, denying that the Sri Lankan Navy had anything to do with the incident.
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‘Long War, Cold Peace’ – The Unfinished Story Of An Unfinished Conflict

Lasanda Kurukulasuriya

Lasanda Kurukulasuriya

Dayan Jayatilleka’s Long War, Cold Peace – Conflict and Crisis in Sri Lanka’ appears at a moment in history when Sri Lanka stands at a crossroads.The war is over but there is yet a crisis of reconciliation and a crisis of state to be resolved, and so a stable peace still eludes us. These are the issues that Jayatilleka primarily worries about in his new book. It runs into several sections and sub sections on the historical record of how we came to be where we are.

The first aspect of the crisis of reconciliation is located, as it has been by many others, in the need to forge an overarching national identity that includes all communities. A less obvious aspect of the crisis that the author identifies is what he calls “the crisis of post war consciousness and discourse.”

“Those who call for a just peace refuse to admit that it was a just war and therefore face a crisis of domestic legitimacy. Those who maintain that it was a just war fail to call for a just peace, a peace with justice for the Tamil community.

Long-War-Cold-Peace

The Tamils for their part have failed to make a clean break from their recent past of support or sympathy for secessionism and terrorism.There is no post war discourse which combines a strong position in defence of the war with a strong drive for a sustainable peace on a new basis of a fairly redrawn ethnic compact. This is the crisis of post war consciousness and discourse.”

It is in this important area that the book makes its main contribution — one of its objectives, by the author’s own admission in the preface, being to provoke the debate and discussion that is needed. ‘Long war, cold peace’goes headlong into the narrative without detaining the reader with the niceties of a foreword or intro written by some other scholar etc. If the book comes across as having been produced in a hurry, it is because it was.

The author and publisher (Vijitha Yapa) were keen to “send the manuscript to the press in time for the March 2013 session of the UN Human Rights Council and the discussion on the event.”

The book combines documentary, analysis and opinion (at times all rolled into one) drawing on the author’s multifaceted experience as a political scientist, academic and diplomat. He was also briefly a minister of the ill-fated North East Provincial Council (NEPC) formed in 1988 under EPRLF’s Varadharajah Perumal. Chapter three(‘Conflict and Negotiations’) that deals with the formation of the NEPC and the reasons for its failure is one of the book’s most detailed and nuanced sections. This is no doubt owing to the author’s degree of proximity to and involvement in the events chronicled.

Starting from the genesis of Tamil separatist violence this section traces the trajectory of the Eelam Left, the shifting balance of power between its constituents, the LTTE’s rise to pre eminence,the bloody serial massacres tha teliminated its rivals, the Indo Lanka Peace Accord of July 1987, the developments leading up to the outbreak of war between the Indian Peace Keeping Force (IPKF) and the LTTE in Oct 1987, the formation of the NEPC and the factors leading to its eventual collapse.

The seemingly intractable interplay of forces at different levels – inter-state as well as intra-state, is made comprehensible,aided by reference to the “unchronicled and undocumented processes that were going on at that time.”

‘Long war, cold peace’ does not pretend to be a complete historical account of the war, and its narrative does not proceed in a straight line. While it deals withthe important landmark events and issues(the Eelam wars, July 1983, the Indo Lanka Accord, the Ceasefire Agreement, the P-TOMs, the military victory over the Tigers, post war politics, the international dimension) the book’s interest lies more in the author’s analytical approach and ability to place things in perspective.

There is an ethical dimension to the discussion that runs through it like a sub text, and this is where the book’s appeal would lie for those with a philosophical turn of mind. The author’s encyclopedic familiarity with political theory,conflict situations and armed struggles elsewhere in the world allows him to make comparisons at every point (Columbia’s FARC, Central America’s FMLN and URNG, the MNLF in the Philippines, SPLA in Southern Sudan, the PLO and the IRA).This constant cross-referencing helps the reader to understand the particularities of Sri Lanka’s crisis and its manifestations. It also helps to separate criticisms that are valid from those that are not.

In the latter part of the book that deals with the international dimension, Jayatilleka refers to the ongoing discourse on war crimes and says “the assertion that the endgame that actually took place needs to be investigated as a war crime” is baseless.The reasons he gives, briefly are, firstly, the Tigers were a fascist force that had to be decimated. Secondly the Sri Lankan forces had to operate according to a tightening timetable not of their own choosing. Thirdly at no time were civilians wittingly targeted as a matter of policy, nor were they boxed in and deprived of an exit by the state.
In no way does this argument amount to a dismissal of human rights as “a Western invention or booby trap.” Though there are constant attempts to use human rights to undermine national sovereignty, Jayatilleka pleads that the answer is not to shun human rights but to protect them ourselves.

It is imperative to realise that the international pressures “are a symptom and byproduct of something that has gone wrong in our external relations and our ability to communicate with the world.” The only real antidote against these pressures he argues is to have “strong, credible, NATIONAL institutions and mechanisms.”The author offers pointers as to how, in his opinion, the crisis of reconciliation can be resolved. Central to that project is his belief in the 13th Amendment and the urgent need for devolution of power.

If this book has an ‘unfinished’ feel to it, this is probably not unrelated to the fact that the conflict itself remains ‘unfinished’. Having been rushed to press, the manuscript’s main weakness is an element of repetition, duly apologised for in a note by the author. Some sections have been drawn from his previous publications. This creates a certain unevenness in the text, as the reader has to constantly shift gear so to speak, adjusting to varying levels of intensity of analysis and slightly different stylistic approaches adopted in different sections.

However, consistency of philosophical approach is maintained throughout and this gives the work a binding coherence.’Long war, cold peace’ may be a bumpy ride, but worth it for the reader who, at the end of the journey,will arrive at a better understanding of the most urgent issues of our time.

*This article is first appeared in Sunday Times Sri Lanka

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Full Text of Human Rights Record of the United States in 2010

Facts and Figures: U.S. human rights situation

BEIJING, April 10 (Xinhua) — China’s Information Office of the State Council, or cabinet, published a report titled “The Human Rights Record of the United States in 2010” here Sunday. Following is the full text:

Human Rights Record of the United States in 2010

The State Department of the United States released its Country Reports on Human Rights Practices for 2010 on April 8, 2011. As in previous years, the reports are full of distortions and accusations of the human rights situation in more than 190 countries and regions including China. However, the United States turned a blind eye to its own terrible human rights situation and seldom mentioned it. The Human Rights Record of the United States in 2010 is prepared to urge the United States to face up to its own human rights issues.

I. On Life, Property and Personal Security

The United States reports the world’s highest incidence of violent crimes, and its people’s lives, properties and personal security are not duly protected.

Every year, one out of every five people is a victim of a crime in the United States. No other nation on earth has a rate that is higher (10 Facts About Crime in the United States that Will Blow Your Mind, Beforitsnews.com). In 2009, an estimated 4.3 million violent crimes, 15.6 million property crimes and 133,000 personal thefts were committed against U.S. residents aged 12 or older, and the violent crime rate was 17.1 victimizations per 1,000 persons, according to a report published by the U.S. Department of Justice on October 13, 2010 (Criminal Victimization 2009, U.S. Department of Justice, http://www.ojp.usdoj.gov). The crime rate surged in many cities in the United States. St. Louis in Missouri reported more than 2,070 violent crimes per 100,000 residents, making it the nation’s most dangerous city (The Associated Press, November 22, 2010). Detroit residents experienced more than 15,000 violent crimes each year, which means the city has 1,600 violent crimes per 100,000 residents. The United States’ four big cities – Philadelphia, Chicago, Los Angeles and New York – reported increases in murders in 2010 from the previous year (USA Today, December 5, 2010). Twenty-five murder cases occurred in Los Angeles County in a week from March 29 to April 4, 2010; and in the first half of 2010, 373 people were killed in murders in Los Angeles County (www.lapdonline.org). As of November 11, New York City saw 464 homicide cases, up 16 percent from the 400 reported at the same time last year (The Washington Post, November 12, 2010).

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