20 October, 2020

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The Inglorious Self-Goal

By Dharisha Bastians

Dharisha Bastians

Dharisha Bastians

So perfectly orchestrated and precisely timed, the detention of human rights campaigners in Sri Lanka over the past week almost looks like internal sabotage to ruin the country’s faltering chances at the UN Human Rights Council in Geneva

“Authoritarian regimes take the heart out of people. Take the fight out of people. Everyone taken is also taken with a message for the rest of us: ‘you will be next’” – Dr. Paikiasothy Saravanamuttu, civil society activist

Here’s a mid-week riddle: What do the Tamil widow Balendran Jeyakumari, activists Ruki Fernando, Father Praveen Mahesan and Sri Lanka’s Justice Minister have in common?

They all chose to engage with international human rights mechanisms, including UN rights chief Navi Pillay. And now they are paying for it.

Since her explosive press conference at the UN compound in Colombo, a recurring theme of Navi Pillay’s remarks on the situation in Sri Lanka has been reprisals against rights activists and others who work to defend fundamental freedoms in the country.  Her persistence on the issue, in the face of stringent Government denials and demands for proof, has made the safety of activists in Sri Lanka a central theme of international engagement on human rights issues in the country, now taking place predominantly at the UN Human Rights Council in Geneva.

But not even Pillay could have predicted that the culture of intolerance for dissenting opinions in Sri Lanka would extend all the way up to President Mahinda Rajapaksa’s cabinet of ministers.

“We will skin the b****** alive!” screeched Bodu Bala Sena General Secretary Galagodaaththe Gnansara Thero at a press conference in Colombo earlier this week. The General Secretary, who flew to Burma to receive a special birthday gift from Burma’s radical monk Akshin Wirathu this month, flayed Justice Minister Rauff Hakeem for the crime of being associated with a report handed over to Pillay in August last year. The report detailed multiple attacks on Muslim places of worship that have been associated with or incited by the campaigns of hardline movements like the BBS and its partner organisations over the past year.

Hakeem flayed by cabinet colleagues

The hardline Buddhist group is famous for its hate-filled invective against perceived enemies.  The attack on Hakeem, while extreme and vicious, is not unusual. The crescendo of abuse hurled at the Justice Minister by his cabinet ministers on election platforms and press conferences over the past month tells an entirely different story. Since an incensed President Mahinda Rajapaksa read Minister Hakeem the riot act in cabinet about the report to Pillay multiple ministers have pitched into the Muslim Minister for colluding with foreign forces seeking to effect regime change in Sri Lanka.

But because of his run with the hare and hunt with the hound policies, Minister Hakeem elicits little sympathy. His party ensures the UPFA retains a two thirds majority in Parliament. But conveniently, the Sri Lanka Muslim Congress routinely campaigns independently at elections, permitting the Muslim party to brazenly attack the policies of the ruling Government as being discriminatory towards minorities. Once the polls are complete, the SLMC led by Hakeem will blithely hand its several seats at the two provincial councils over to the UPFA, distorting its mandate each time after contesting elections on a stringently anti-Government platform.

As a firmly entrenched, if mistrusted member of the Rajapaksa administration therefore, Minister Hakeem has insurance which human rights campaigners like Fernando, Father Praveen and Jeyakumari do not.

Under heavy surveillance and garrisoning since the end of the war in 2009, international focus on Sri Lanka’s human rights record is making life in Kilinochchi hell again.

The famous little girl

Jeyakumari, the 50 year old mother of four was picked up by the TID at her home in the Wanni. Her last remaining child, 13 year old daughter Vibooshika was taken into custody with Jeyakumari and subsequently released to child protection authorities.

For her 13 years, the little girl is already internationally famous. On the frontlines of every demonstration by families of missing people in the North, Vibooshika weeps like her heart is broken, asking for the return of her ‘anna’. As the youngest participant in the often emotional protests, the child attracts the lens, tears frozen on a face that is twisted with grief. A child conscript with the LTTE, Jeyakumari’s 15 year old son is missing since he reportedly surrendered to the military in May 2009. The widow’s strongest proof that the boy was in state custody is that his picture appeared in a Government publication about the LLRC report. The picture shows Jeyakumari’s son engaging in physical exercise with other ex-LTTE cadres enrolled in the state rehabilitation scheme for former combatants. The TID has detained the Tamil widow on charges of harbouring an armed and wanted man, a suspected LTTE operative.

Fernando and the Catholic priest who travelled to Jeyakumari’s village in Dharmapuram on Sunday to gather details about the raid on her home and subsequent arrest, met a similiar fate.

Fernando, who engages in human rights documentation work and Father Praveen who works closely with families of missing people in the North, help to take stories like Jeyakumari’s out into the world. With the Government under fire internationally for its unwillingness to investigate involuntary disappearances and a myriad other violations, this has become a dangerous line of work.

Diplomatic pushback

The detention of Fernando and the Catholic Priest, only three days after Jeyakumari’s arrest, set alarms off across the world, most notably in Geneva. Rights organisations in Geneva made representations to the UNHRC President and country delegations regarding the latest arrests. In Colombo, civil society activists and diplomatic missions stepped up the pressure. A flood of statements condemning the arrests emerged from major capitals of the world. Despite deepening hostility between the ruling administration and Western countries lobbying for improvements in the country’s human rights situation, diplomatic missions in Colombo were in constant touch with Government officials to urge restraint and demand access for the activists’ lawyers. Under the Prevention of Terrorism Act, detainees can be held for up to 72 hours before being produced in court to be released or served with official detention papers. Officials from foreign missions went so far as to make late night phone calls to police stations in the North where Fernando and Father Praveen were being held, to ask for details about the condition of the detainees and the charges upon which they had been arrested. In some cases, flustered police officials hurriedly disconnected the lines.

From bureaucrats and political officials in Colombo, the missions were getting a consistent message: ‘It is beyond our control’.

In Geneva meanwhile, the Government was digging in its heels. Sri Lanka’s Permanent Mission to the UN in Geneva is the only Sri Lankan overseas mission to be staffed entirely by career diplomats. These officers, fully cognizant of the fact that damage control needed to be done given the degree of focus the detentions were getting, issued a lengthy diplomatic note to all permanent missions and international organisations in Geneva. The US mission alone failed to receive the note. The Government delegation to the UNHRC would later exercise a right of reply at the Council regarding the arrests along similar lines.

Enter “Gobi”

Enter “Gopi” or “Gobi” aka K. Selvanayagam, the LTTE operative the TID claims it was hunting based on intelligence information that he was regrouping the Tigers in the North. The Government note explaining Jeyakumari’s arrest and detention, said investigators had obtained a lead on Gopi’s whereabouts that had led them to the Balendran home in Dharmapuram. Shots were fired injuring a policeman and massive caches of weapons were found, the note goes on to explain. When Jeyakumari refused to tell investigators the suspect’s whereabouts, she was arrested and later detained for further interrogation, according to the note. Ruki Fernando and the Catholic Priest had been arrested and detained because they were engaging with persons connected with “Gobi”, the Government explained in its letter to the missions. In crux, the note argued in no uncertain terms that the detentions were within the country’s legal framework and had been made to ensure national security.

The Military Spokesman expounded the same charge about Gopi in the state press, alleging that the two activists arrested on Sunday had major links with LTTE cadres.

While terrorism concerns were easily understood as being a security imperative for any country, the fact that the three persons arrested in connection with the LTTE operative coincidentally also happened to be disappearances activists significantly eroded the argument’s credibility. The narrative seemed to fit too comfortably with Government propaganda that has ceaselessly equated human rights activism with support for the LTTE cause internationally.

Roll back

But sometime on Tuesday evening, the ground began to shift.

The Military Spokesman told foreign journalists he had been misquoted in the state media about the two activists’ and their Tiger connections and insisted he would be issuing a correction. The news items about Fernando and the priest were taken down from the Defence Ministry website. Police Spokesman SSP Ajith Rohana told Daily FT the TID “may conclude investigations” about the two activists on Tuesday night. Forty eight hours after they were arrested in the Wanni, Ruki Fernando and Father Praveen were given bail by the Colombo magistrate who was roused at 11 p.m. at his Wattala home.

The series of arrests of well known rights campaigners under widely criticised anti-terror legislation that remains in place five years after the LTTE was defeated, seemed irrational and ill-timed at best or defiant of international opinion and scrutiny at worst. Three days after the arrests, diplomats and analysts are still struggling to make sense of what prompted the latest sequence of events. Clear in his mind that the UNHRC cannot impose sanctions on his administration because that would require the approval of the UN Security Council where he is certain Beijing and Moscow will protect Sri Lanka, was President Mahinda Rajapaksa testing his strength? Were state law enforcement agencies merely following intelligence leads? Is the Government seeking to resurrect the LTTE spectre ahead of the provincial elections and tie the resurgence inextricably to human rights campaigners?

Or did the Government simply plough through with the arrests to send a message to the international community about how little it cared about external pressure?

If it was the latter, the administration’s high-handed tactics only succeeded in proving the polar opposite. The machismo and tough talk subsided swiftly on Tuesday evening as the international outrage grew louder and the TID prepared to release Fernando and the priest. In the final analysis, the advent of sudden saner counsel and backtracking by the security establishment seemed to prove that one section of the Government had been acting alone. Once again, the rest of the administration was left to mop up the mess.

That has not been easy.

Hours after it told the UN that Ruki Fernando and Father Praveen had been arrested for engaging with persons connected to “Gopi”, the Government said in a statement that the pair had been detained for their “presence in the crime scene”. And while the Magistrate had signed an unconditional release, the Ministry said the two activists had been granted bail while “investigations continue.”

Detaining high profile activists during the UNHRC sessions will be chalked up as a colossal blunder at the conclusion of the current round in Geneva. The move could not have been better scripted even if it had been the conspiratorial work the pro-separatist lobbies operating overseas. .

Already struggling against an avalanche of bad publicity and damning reports at the UNHRC, events of the past 72 hours will almost certainly impact Sri Lanka’s fortunes in Geneva, where diplomats and Ministers are engaged in last ditch attempts to swing member states ahead of the 27 March vote.

The outcry over the latest detentions coincided unluckily with the third and last informal discussion on the Sri Lanka resolution. Convened by the US Permanent Mission in Geneva, the informal consultation was a public discussion at the Palais Des Nations which houses the UNHRC. The meeting was the last opportunity for member states to air their views publicly about the language and scope of the resolution. Crucially, US Ambassador to Sri Lanka Michele J. Sison, who has unique assessments of the situation on the ground by virtue of being based in Colombo, also participated in the final informal meeting.

“Operative Clause 8”

The co-sponsors of the resolution steered Tuesday’s discussion to focus on the mandate for the Office of the High Commissioner (OHCHR) to lead an investigation into violations in Sri Lanka. The co-sponsors are leaning towards allowing the office currently run by High Commissioner Pillay to appoint experts of its choice, rather than having the Council appoint a commissioner to lead the investigation, according to sources with knowledge of the discussions. This decision would effectively put the OHCHR in the driving seat in terms of the inquiry into Sri Lanka. Debate also persists as to the time frame of violations to be investigated by the OHCHR and how far back into the conflict the probe would delve. The delegation of the Russian Federation intervened during the discussions to insist references to “demilitarisation” and gender-based violence is deleted in the resolution text. The position was reinforced by the Chinese delegation and the routine disagreements with the resolution’s 8th Operative Clause, which sets up the OHCHR investigation more explicitly in the second draft continued at the meeting. The final language of the resolution is likely to determine the time-frame of the investigation and lay out the technical details of the OHCHR inquiry with more clarity. Representatives from the Japanese and South Korean delegations remained silent observers to the discussion, but sources in Geneva say support for the resolution is crystallising at the Council.

Pillay’s last hurrah

Navi Pillay, the Sri Lankan Government’s bête noir will provide the final thrust of lobbying in favour of the US sponsored resolution at the Council next Wednesday (26). Pillay, who has already said she was “disturbed” by reports that the Government had used the PTA to arrest human rights activists, will make her oral presentation on Sri Lanka based on her fact finding mission to the island last year. With an extended term expiring in August this year, her 26 March speech may well be the last time Navi Pillay addresses the Council about Sri Lanka in her capacity as High Commissioner for Human Rights.

During her press conference in Colombo, the 72 year former judge of the International Criminal Court effectively set in motion the series of events leading up to next week’s resolution on Sri Lanka at the Council. Operative Clause 8 of that document will permit her office to commence investigations into the abuses she has been flagging for five long years. The Government has attempted over the years to discredit Navi Pillay, but she has proven a far more skilled and single-minded adversary. The UN High Commissioner for Human Rights is the advocate of victims, not governments. Her mandate is to provide advocacy for voiceless victims of abuse at the highest international levels. It has never been part of her role to safeguard the interests of rulers.

This is a crucial distinction the Government has consistently failed to understand.

Next week, when Navi Pillay speaks about the plight of victims in Sri Lanka, of Jeyakumari and Vibooshika, Ruki and Father Praveen, and even Minister Hakeem’s grievances, the world will sit up and listen. Already concerned by the reports of the recent detentions, member states that were on the fence may already be teetering in favour of the US resolution. For such delegations, Navi Pillay’s oral presentation could prove the final catalyst.

“The war is over, the suffering is not,” Pillay said after concluding her visit to Sri Lanka in August last year.

And didn’t the Government go out of its way to prove that this week.

Courtesy Daily FT

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Latest comments

  • 8
    2

    If some said “We will skin the b****** alive!” with reference to MR or GR, he would have been immediately arreseted under PTA. But then Hakeem is only a leader of a mere minority community and Venereal Gandasara is proponent of Sinhala Buddhist Majoritism and enjoys a charmed existence under the regime.

    So the impunity of the regime is complete. Under the cover of security it can do as it pleases in the sovereign state of Sri Lanka irrespective of what the UN or UNHRC says. The UN on its part must take a lesson from the crisis in Crimea and involvement of Russia. Is it going to encourage and stand by impotently whilst rogue leaders like Putin use the veto to castrate the UNHRC.

    No doubt Russia will vote against the US sponsored resolution. So will China who is not a saint either. Who else will join the club?

    • 8
      2

      Russia by invading Crimea has set a precedent for India to follow its example – and annex northeast Lanka which has a majority of Tamils. Northeast Sri Lanka will become part of Tamil Nadu and Lanka will be quartered! This will teach the Sinhalaya Buddhist Modayas, Jarapassa and his Balu Sena a good lesson!

      Who cares about “sovereignty” which is a non-concept today – to be played with by big state?! Jrapassa regime should learn a lesson from its good friend Russia’s activities in Crimea: India can simply hold a vote in northeast Sri Lanka and declare it part of Tamil Nadu! This will serve the Jarapassa regime and the racist SInhala Buddhist majority in Sri Lanka right! SO much for their great war victory of 2009!

      • 2
        0

        Hear Hear Don. Srilankas best friend, Russia has moved the goal post on us.

        As it stands, not only the NE but even the Central Province is on call.

        Oh, how much we will ask our Muslim, Tamil speaking brothers n sisters to come to our aid, to stay in Srilanka than be with India.

        Ah! the times ahead will be FUN.

  • 4
    5

    this clown is thisaranees sister and pootens cousin .

    • 3
      1

      Abhaya (or is it “Kabbaya?)
      Unfortunately neither of these people is related to me – Tisaranee and Dharisha.
      However, if they were, I’d be very proud of the fact.

      Incidentally, how about putting down your name so we’ll all know who YOU are related to, even if it happens to be something with four legs!

      • 0
        0

        Dear Emil,
        it is not worth adding any comments to what this buggers like Abhaya have to say.. He has much in common with idiots like in power. Now world sees how intelligent the lanken delegation to Geneva UNHRC has been. These men in power are not worth even to work as labourers in road making. Not to disgrace road makers definitely earn more respect than the bunch in power in lanka

      • 0
        0

        pooten

        You half bred clown sitting in a well in Galagedera . That was not establishing a genetic link but a link in collective stupidity .

        Cheers

        Abhaya

    • 2
      0

      Abhaya´s cespit is not better that of Ghanasara.

      Hope not that Abhaya would collapse hiimself looking at the wonders that his leader has made, in 8years now.This bugger is said to have an another asslicker of Rajaapskse.. Birds of a feather flock together.

    • 0
      0

      You are entitled to criticise and pick holes in the message. Leave the messenger well alone.

  • 3
    1

    Very good article. Many thanks Dharisha – keep up your good work!

  • 4
    4

    “The Inglorious Self-Goal”

    There will be many more self-goals and penalty kicks waiting to happen to Sri Lanka state and its rulers.

    The rulers have gone bonkers: The Rajapakes have no escape routes, so they fight a desperate fight to finish to their inglorious end like Saddam Hussein, or Gaddafi, or even like Hitler.

    Gotha might end up in a US prison or even on an electric chair for crimes against humanity since he is a US citizen.

    Rajapakse mahathathayas thought they could fool the world all the time with their lies and propaganda like how they got away with mass murders during the war.

    Judgement time is approaching!

  • 2
    2

    Darisha,
    You said, “Next week, when Navi Pillay speaks about the plight of victims in Sri Lanka, of Jeyakumari and Vibooshika, Ruki and Father Praveen, and even Minister Hakeem’s grievances, the world will sit up and listen.”

    These rights activists victims you list are the lucky ones and that is thanks to Rajapakse. Imagine what would have happen to them, specially Jeyakumari whose 2 children were forcefully taken in as child soldiers and were killed, if they were activists during the LTTE controlled NE. None will be living today!

    • 1
      1

      Eusense = former leela´s cousin.

      So he cant know anything else than standing on the side of abusers in power today.

      This is a great insult to all those got educated at the alma mater -Peradeniya.
      ———————————————————————–

      There is a man CURRENTLY set by UPFA Minister Lokugamage in the POLITICAL scene as PC candidate brings me more laugh than anyone else did sofar. Srilanka is highly literate country of over 91% – srilanka has atleast few good oncologists that have earned Post graduate degrees in oncology and collected hands on experience int hat areas.

      Repeatedly pleading “I myself joined to politics intending to help cancer patients of this country”. This candidate by name “Thusara Perera” ´s comments added to lately held “satana debate” revealed me how stupid he thinks that the country men are. Guy is said to be reading for his PhD at university of colombo goes on boasting about his graduate courses completed at Haward but further resounding that he will do lot in finding anti cancer drugs for the benfit of the local patients.

      http://www.youtube.com/watch?v=EGw1plEliEI
      http://www.youtube.com/watch?v=fvrLXmo-bTo
      (purasaram about self – as if he is only scientist that srilanka ever produced ???????)
      http://www.youtube.com/watch?v=DVJXbntR_pI
      http://www.youtube.com/watch?v=kUkS8OBQ2-k
      http://www.youtube.com/watch?v=ilznGyGDulg
      http://www.youtube.com/watch?v=ds4Csbluc_o
      http://www.youtube.com/watch?v=uW0epaU9Etk
      http://www.youtube.com/watch?v=FyohKEa6lVU
      http://www.youtube.com/watch?v=U3mrZNA-_FQ
      http://www.youtube.com/watch?v=pFtjDHws7Xg
      http://www.youtube.com/watch?v=LsW0mrCKyK0
      http://www.youtube.com/watch?v=9jedeHaIPbI

      I do want oncologists (local and foreign) to argue with him knowing the facts regarding findings within a PhD dissertation has sofar been very limited because most of cancers are connected with complexity of unknown/unanswered. Latter has been the reason for cancer researchers took several dozens of decades to find remedies like selective drugs in western medicine.

      So how can SELF PROCLAIMED/former pfizer research fellow – PhD candidate heal the cancer patients within a short period of time ?
      Does the man feel that local professors in focused areas fools (Biochemistry, Biomedical Engineering, Human genetics, Radiation oncology etc) ?

      Even if you are directly subjected to patents of rarity, not much is achieved yet in finding selective drugs “uncontrollable cell division” connected cancerous states of cells <<<<<<—– from the point of view of research on oncology.

      • 0
        0

        Hope commentators would see it constructively, what baila naivitiies that the banandi (son in law) of Minister Lokuge (UPFA) is pleading.

        Asif we the ones who are in clinical research are well aware of the facts that it would take 7- 15 years to bring some drugs from pre clinical experiemetations to marketed availablity. Thusara is more or less born yesterday.
        There are even Post docs/life science/clinica research in the country that have been contributing a lot in finding new drugs focusing on onco ailments. It is sad to see that these guys are trying to fool the nation as the country is new to research scientists.

  • 4
    0

    Dear Ms. Bastians,

    Thanks for a very insightful article. Just one thing, can we please drop the Thero honorific when we refer to Galagodaaththe Gnansara? Thero refers to a fully ordained Buddhist monk who is considered “an elder and venerable”; none of the attributes with which this skinhead is endowed. Using it in relation to Gnanasara is an insult to the true elders and venerable priests. I would sincerely hope that all writers refrain from using this term on a person who is clearly an agent provocateur and a criminal.

    Regards
    GTBP

  • 0
    0

    @ GTBP: The problem with this word THERO is obvious, just like Buddhism practiced in lanka and the so called Sinhala Buddhism, BBS, Sihala Ravaya, Jathika Hell Urumaya and all the racist entities and even the many nikayas with all caste and creed. All are confusing and have no meanings as far as others are concerned. Thero or no thero, most of these , except the real old experienced, non racist Buddhist prelates, all the other fake saffron robed skinheads are a disgrace to any religion. They are the ones destroying Buddhism, bringing shame to lanka and not the minorities.

  • 1
    0

    Wonderful analysis.Please keep writing for protection of human rights. Otherwise our country will become an isolated state with economic sanctions.

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