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The Opposition political parties and the media in Sri Lanka are abuzz with stating their versions of the intentions of the recent Indian delegation.

Very little was revealed officially about the visit, by the delegation and the Government of Sri Lanka.

Opposition Parties in Sri Lanka are calling the government to make a statement explaining the reasons for the ‘sudden visit’ by the top level Indian delegation.

The Daily Mirror reports that Senior United National Party (UNP) MP, John Amaratunga said on Sunday that there was a ‘crucial aspect’ behind this visit especially at a time when the country was at crossroads in economic and war fronts.

MP Amaratunga said there were various talks going on with regard to this visit, and therefore the government should make a public statement in the greater interest of the country.

Janatha Vimukthi Peramuna (JVP) parliamentary group leader Anura Kumara Dissanayake said the government should tell the country what proposals were made by the Indian delegation and the government’s response.

‘It is for the first time that we have seen a very powerful Indian team comprising its defence secretary, foreign secretary and national security advisor visit Colombo. Based on the discussion I had with them I think they were on a serious fact-finding mission here,’ D. Sidharthan, leader of the People’s Liberation Organisation of Tamil Eelam (PLOTE) told news agency IANS.

The visit of the Indian officials comes few days after Sri Lanka indicated its willingness to hold talks with the LTTE following a two-year gap, saying the outfit does represent a “fair amount” of Tamils.

“India hopes that Sri Lanka can find a peaceful solution to the (ethnic) conflict within the framework of a united Sri Lanka that is acceptable to all the communities. We hope there is no military solution to the conflict,” a senior Indian official said at the end of the two-day visit here of the delegation led by National Security Adviser M K Narayanan.

However, Sri Lankan media is a buzz with reports suggesting that, “Indian government engineered parripu drops over Jaffna in the face of imminent success for Sri Lankan troops in the Vadamarachchi campaign.”

These news reports also say, the “rapid troop advancement into the LTTE heartland of Mullaithivu has caused the Indian delegation to rush to Sri Lanka to avert a rout of the LTTE.”

Commenting on the Indian delegation’s visit, the weekly ‘Lakbimanews’ newspaper noted that it came just days after Sri Lankan Army chief Sarath Fonseka talked of a military solution and declared the security forces “will capture (LTTE Supremo) Velupillai Prabhakaran alive”.

Tamil National Alliance (TNA) parliamentary group leader R. Sampanthan, who on Saturday met the visiting Indian top officials at India House in Colombo, told the delegation that “Tamils believed all these years that they were the natural allies of India, but it is not so today.” Even the human rights violations against Tamils, abductions and genocides are largely ignored by India.

“We feel very sad about this,” he said.

“We thought both Tamils and Indians were together but we believe India do not think that we’re together. But today India got the oil tanks in Trincomalee but Tamils, nothing,” he told media after the meeting.

Concluding a closely-guarded visit that met Sri Lankan President Mahinda Rajapaksa earlier on Saturday, the high powered Indian envoys said India was not in favour of a military solution to the Tamil ethnic problem.

“India hopes that Sri Lanka can find a peaceful solution to the (ethnic) conflict within the framework of a united Sri Lanka that is acceptable to all the communities. We hope there is no military solution to the conflict,” a senior Indian official said at the end of the two-day visit here of the delegation led by National Security Adviser M K Narayanan.

The team, which also included Foreign Secretary Shivshankar Menon and Defence Secretary Vijay Singh, met Rajapaksa and held detailed discussions for about an hour.

None of the visiting Indian officials met the press and a brief statement was read out to the Indian journalists. [source: TN, PTI]

Full Text of Speech delivered by R. M.Emaam MP in Sri Lanka Parliament on Jun 5, 2008:

Hon. Presiding Member, with your permission, I wish to express my views on the present situation in the country. I always listen to the customary speech of the Hon. Prime Minister during the extension of the Emergency. His speech indicates that there is no room for peace.

Once in this house, an ex-Finance Minister, the Hon. Ronnie de Mel, said that peace on knees is better than war on feet. The present situation affects everyone irrespective of the difference of race or religion. I inform this House that the Muslims from the North, particularly from Jaffna, where I hail from, are the most affected. The Tamils do not have political rights and the Sinhalese do not have economic resources, but my community from the North does not have both. Since I am from this community, I urge the government to go for negotiations with the Tamil Tigers. The LTTE always expresses its willingness for negotiation.

I had the privilege of listening to an interview of the present Army Commander on the electronic and print media. In his recent interview on the ITN channel, he said that the LTTE being supported by the Tamils in Tamil Nadu, the expatriate Tamils all over the world and the Tamils in the Island. Again, in the same interview that appeared in the “Lankadeepa”, to the question as to how the LTTE was able to achieve victories, he said that in the battle field its leaders are in the front and, as per his words “labala” cadres or novices or privates are behind.

As per a verse in “Thinakkural”, before commencing a war, the power of oneself, the power of the enemy and the power of the persons who are behind him and the enemy must be assessed. Though the government says that it could wipe out the LTTE before December 2008, the battle scenario repudiates that thinking. It is an unwinnable war. It is a battle between two brothers over the sharing of property of their mother. Since the elder brother is trying to grab the whole thing, Sri Lanka has been pushed into the present deplorable situation. As per the said verse, the LTTE enjoys sufficient moral and physical support from the above sources I urge the government to think of this.

With these forces behind, the LTTE can continue to resist. As per another verse in “Thinakkural”, the leaders must lead the war for victories. The Army Commander had acknowledged that on his side, novices or privates are in the front line. According to that interview, the Commander has an inherent grudge against his commanders. As per the verse I mentioned last, unless leaders command their forces in the front, whatever number of weapons and soldiers would not bring victories. In the said “lankadeepa” interview, the Army Commander had further accepted the LTTE as a most formidable force. Also, I thank the Military Spokesman, Brigadier Udaya Nanayakkara, for addressing the LTTE cadres as “LTTE members”, but spokesmen from the other forces address them as “terrorists”. Those officers are not gentlemen.

Why is the LTTE fighting? Why is it being supported by the Tamils and the Tamil-speaking persons? Barring Jayalalitha, it enjoys the support of the Tamils of Tamil Nadu. Barring the Hon. Douglas Devananda, it has gained the full support of the Tamils in Sri Lanka.

It must be acknowledged that the Tamils have grievances. Though Tamil was made an officials language in 1988, even today it does not have official status in any government department. I wish to quote a simple incident. I, as a practicing lawyer who does conveyancing also, very often go to the Land Registries in Colombo and Mount-Lavinia where all the name boards are only in the Sinhala language, a language I do not know. This is the prevailing situation in almost all government departments.

Though the Tamils are learning Sinhala, the enthusiasm to learn Tamil is not seen in the Sinhalese brothers. In the third year anniversary supplement of “Rivira”, a columnist had acknowledged this fact.

The present military exercise will end up in fatality and their will be a mass loss of human lives. It will create a big wedge between the two communities. The persons who wish to eliminate terrorism through war do not have an once of knowledge of the realities of the ground situation. It is being pursued for monetary considerations. My view is held by several generals who led this war in the by gone era. It is a matter for happiness that a general who said this cannot be won militarily was a recipient of presidential honours recently. I admire his sagacity and openness. Due to the present conflict, the Muslims from the North are undergoing severe hardships.

Of them, the Muslims from Jaffna are the most affected. As a representative of theirs, I wish to appeal to the Government to negotiate with the LTTE. Due to the war, the coffers of warlords are overflowing with foreign capital whereas we, the Sri Lankans, are becoming poorer and poorer day by day on account of this war. Due to the intransigent attitude of the warlords, youths who have not passed their prime age lose their lives in the battle field. The lifespan of a person is three scores and ten. Unfortunately, the life of the combatants on both sides does not span for even one score.

The persons who think that war is the only solution to defeat terrorism are not thinking of the factors which are in the way to win this war. The Government says that it is waging war on the LTTE. Unfortunately, the Government has not addressed itself as to why the LTTE is fighting against it. Since the Tamil community has grievances, the LTTE is backed by it not only within Sri Lanka, all over the world. It is headed by Prabaharan who has surpassed the war skills of Moshe Dayan, the Israeli General. Prabaharan is not Pillayan to prostrate himself before every Tom, Dick and Harry or to curry flavor with those in power to the detriment of the Tamil Community. Pillayan, who sent a lorry laden with explosives to the Dalada Maligava, was given a rousing welcome by the prelates. Unfortunately, the persons who got involved in this crime unwittingly have received jail terms of over 19 years.

The government should negotiate with the LTTE to find a permanent solution to this problem. The Government should not believe bankrupt politicians or opportunists. Since the LTTE is ready for peace, the Government should welcome it. I wish to say that the present alliance between the cutthroat Tamil groups and the Government will not go on for a long time. Unless this problem is settled with the LTTE, no power in the world could restore peace in our country.

[Raseen Mohammed Emam MP, TNA]

[Raseen Mohammed Emam was sworn in as a national list MP of the Tamil National Alliance on Feb 5th 2007; The 61 year old lawyer hailing from Moor street in Jaffna town became the first ever Muslim from Jaffna district to become a Parliamentarian]

Statement by Action Against Hunger-USA

On August 4, 2006, 17 employees of our organisation were killed in cold blood while assisting the population suffering from the consequences of the tsunami and the conflict in Sri Lanka. This massacre – amounting to a war crime – is unprecedented in the humanitarian field. At the time of the events, the town of Muttur was the scene of heavy fighting between rebels and government forces, causing dozens of civilian deaths. However, the victims were clearly identified as humanitarian workers.

Since then, we have expressed on several occasions to the Sri Lankan authorities our determination that the whole truth be established about this massacre.

A first investigation was launched on August 15, 2006, at the Magistrate Court, the primary national jurisdiction. After more than 18 months of inquiry, ACF came to the conclusion that fundamental principles of justice had been disregarded by various parties involved. The requirements of independence and impartiality were not met because of political interference, notably unexplained decisions to transfer the case on several occasions. Furthermore, many irregularities have been observed : delays in obtaining access to the scene and the victims, failure to preserve the crime scene, suspect balistic analyses, complete lack of protection for witnesses and incomplete recording of their testimonies, etc.

In parallel, ACF lodged a complaint on Septem-ber 12, 2006, with the National Human Rights Commission in Trincomalee, which has the power to launch investigations into human rights abuses although that only lead to recommendations. Even so, ACF was shocked by the Commission’s total ineffectiveness and lack of cooperation, from the months following the complaint right through to the present.

Subsequently, President Mahinda Rajapaksa decided in November 2006 to set up a presidential Commission in order to investigate the ACF case as well as 15 other cases of serious human rights violations. An international group of experts was called on to act as independent observers of the Commission’s work. ACF considered their presence to be one of the key conditions for establishing the truth. But the group of experts recently decided to withdraw, arguing that minimum international standards were not respected. They cited in particular a lack of independence linked to the interference of the Attorney General, the lack of respect for the principle of transparency, and the inability to set up an effective witness protection system despite promises made. In addition, ACF has also noted worrying irregularities in the work of the Commission and that, more than a year and a half after its creation, it is now clear that the commission has not met the needs that led to its appointment.

After following the three Sri Lankan investigations over more than 18 months, ACF observes bitterly that these investigations set up following the Muttur tragedy have little or no chance of establishing officially the persons criminally responsible for this war crime (direct perpetrators and chain of command). In view of the inertia in the procedures, the inadequate guarantees of independence and the repeated lack of respect for international standards, we now consider that these procedures have proved ineffective and unproductive.

ACF cannot accept this denial of the victims’ fundamental right to a prompt, detailed, effective and independent inquiry into the circumstances of the massacre. In view of this situation, ACF has taken the decision to end its mission in Sri Lanka and to call resolutely for an international investigation to be launched into the Muttur massacre.

Related: On line petition: Justice for Muttur campaign-by Action Contre La Faim (ACF)

By Rathindra Kuruwita & Stanley Samarasinghe

Parliament is soon to pass landmark legislation allowing witnesses to provide ‘live’ audio visual testimony that will now be accepted in a court of law and by commissions of inquiry, a move hailed by human rights (HR) activists, who have been lobbying for better protection for witnesses in high profile HR cases.

“Live” audio visual testimony from witnesses unable to be physically present in court or, before a commission, will now be accepted according to the new ‘Assistance & Protection to Victims of Crime & Witnesses’ Bill, said HR Minister Mahinda Samarasinghe, who presented the draft legislation in Parliament on June 17th.

The fact that, live audio visual testimony from witnesses was not permissible in the courts, led to the Government demanding that the practice cease, leading to the suspension of the activities of the Presidential Commission of Inquiry (CoI) which was investigating key HR violations in the country.

“Although our laws already accept “pre recorded” audio and video evidence, this is the first time that, “live” evidence is going to be accepted,” he said. “I think, this is one step closer towards accepted international norms and best practices,” he added. The Minister accepted that, the non acceptance of live audio visual testimony of witnesses and the absence of an effective Witness Protection scheme, had seriously hampered the activities of the CoI. The establishment of a Witness Protection programme was also one of the principal recommendations of the IIEGP, who were here as observers to the CoI.

“It was one of the recommendations of the international experts present in Sri Lanka to observe the work of the CoI, and we realised that, the absence of it hampered the CoI’s activities,” he said. “By establishing a programme that protects the right to life and security of a person, we are adhering to two of the most important rights enshrined in international HR instruments,’ he added.

The Bill will not only cover the individuals who have been victims of crime but also, individuals whose HR has been violated. The Minister added that, this shows the Government’s desire to protect the rights of its citizens and its adherence to international best practices.

“Through this Bill, we have guaranteed the rights of the victims, including the right to be present and participate in criminal justice processes and access to legal and medical advice,’ he said. The Minister also added that, the Bill also provides mechanisms to implement the law.

“The letter of the law is not important but, what is important is the implementation, and we have provided a mechanism for the promotion, protection, enforcement of the rights and entitlements provided for by the Bill,’ he said.

However, the Minister also warned that, there are “potential abuses” that could result from allowing live audio visual testimonies from witnesses, and have established stringent safeguards to prevent such instances.

“There is always a chance for abuse, especially, if the person is living abroad. We have included safeguards in the Bill to ensure that, when live evidence is taken by video link, the court or commission can be certain that the evidence is untainted,’ the Minister said.

Bill for EU consumption: JVP

Parliament was in uproar, when the ‘Assistance & Protection to Victims of Crime & Witnesses’ Bill was taken up for debate yesterday.

UNP MP Dayasiri Jayasekara claimed that that the Opposition was not fully informed of the new Bill. He added that, although the Opposition was not informed of the Government’s amendments, “These were only handed out today. This is an important Bill and we have our objections regarding certain clauses and we believe that, we need to be properly informed,” he said.

Meanwhile, Opposition Leader Ranil Wickremesinghe asked the Government not to rush through this important Bill and to give ample time for the Opposition to study the Bill.

Meanwhile, JVP MP Vasantha Samarasinghe stated that the Government has decided to put forward the Bill at this particular juncture to impress the European Union (EU) delegation which was visiting Sri Lanka.

“We support this Bill, but why rush through this and do it halfway?” the JVP MP asked. “The Government is doing this to impress the EU delegation on tour, but when you rush into things, you normally end up doing things by halves. That should not be done,” he said. (RK)

‘Wait and see’ – HR activists

Meanwhile, several prominent lawyers and HR activists claim that whether the ‘Assistance & Protection to Victims of Crime & Witnesses’ Bill will have a positive impact on the HR situation on the country, will depend on its implementation.

Jeevan Thiagarajah, of the Consortium of Humanitarian Agencies in Sri Lanka, told The Bottom Line that, the ‘Witness Protection’ Bill is a step in the right direction but, he added that, the impact of it will depend on its proper implementation.

“Although they agree with the Bill in principle, the fact that, the Government did not properly inform the interested parties, is a cause for concern,” said HR lawyer and activist, Chandrapala Kumarage.

“We have no idea of this, because we were not informed,” he said, adding that, they have received information that the Government will amend the Bill, so that, an agent of the AG’s Department would be sent to meet the witness, which would draw into question the essence of the process.

“That is not good, since these people are away and give testimonies via electronic media, because they are afraid to stay in the country,” he said. “But, if a Government agent goes there, that will intimidate that individual,’ Kumarage added. [The Bottom Line]

Related: Objections to the Assistance and Protection to Victims of Crime and Witnesses Bill [Law & Society Trust]

The Montreal Gazette in an editorial on June 19th, says The Mounties may have enough documentary evidence – but listing the Tamil Canadian Volunteer Organization, World Tamil Movement (WTM) as a terrorist organization, is a decision taken in haste. The newspaper adds that a recent ‘major raid on the movement’s headquarters last spring has resulted in no charges so far.’

Full Text of the Editorial as follows:

Tamil listing is a little hasty

Public Safety Minister Stockwell Day appears, to us at least, to have been just a little too hasty in adding the World Tamil Movement to Canada’s official list of banned terrorist organizations, along with Hamas and Al-Qa’ida.

It’s quite possible that the WTM is, as Day said this week, a leading front for the Tamil Tiger insurgents back home in Sri Lanka. But so far the evidence against the group is pretty thin. No WTM member has ever been prosecuted for a crime, let alone convicted. And a major raid on the movement’s headquarters last spring has resulted in no charges so far.

The Mounties have certainly presented enough documentary evidence to make a reasonable person suspect that the WTM might well be doing more than just lobbying governments and raising money for Sri Lankan charities. And until those suspicions are laid to rest, the government should certainly keep a close eye on the group’s activities.

But until they’re confirmed, government suspicions alone should never be enough to shut down a voluntary organization of Canadians. [www.Montreal Gazette]