On the sidelines of the International Ombudsman Conference 2023, the Office of the Parliamentary Commissioner for Administration (Ombudsman) of Sri Lanka and Ombudsman Institution of Türkiye has entered into Memorandum of Understanding (MoU) on 11 January 2023 in Ankara.

The Memorandum of Understanding between the Office Ombudsman of Sri Lanka and Ombudsman Institution of Türkiye was signed in the presence of the Speaker of the Parliament of Türkiye Mustafa Şentop, Ambassador of Sri Lanka to Türkiye Hasanthi Urugodawatte Dissanayake, Ombudsman of Sri Lanka Justice (Retd.) K. T. Chitrasiri, and Chief Ombudsman of Türkiye Şeref Malkoç. Ombudsman of Sri Lanka Parliament and Chief Ombudsman of Türkiye signed the MoU. 

The main objective of the MoU is to focus on the role of the two institutions in Sri Lanka and Türkiye in the field of protection of human rights and remedies for injustices while protecting citizens from injustice and discrimination. It further creates organizational conditions for cooperation between the two parties in the field of protection of citizens’ rights, complaints and other activities related to the tasks and purposes of the work of each party and thus contribute to the protection of citizens’ rights and freedoms within the powers vested by legislations. 

The International Ombudsman conference 2023 under the theme “The future of Human Rights in the 21^st Century” is funded by the European Union. More than 70 Ombudsmen participated from different regions Asia, Europe, Africa and Middle East and shared the legal framework of Ombudsman in their own respective countries and their insights on protection of human rights. 

Embassy of Sri Lanka

Ankara

14 January 2023

 High Commissioner of India Gopal Baglay undertook his first visit to Sabaragamuwa University of Sri Lanka (SUSL), Belihuloya on 11 January 2023. During the visit, he signed a Memorandum of Understanding (MOU) with Vice Chancellor of the University, Prof. R.M.U.S.K. Rathnayake for the establishment of ICCR Chair of Hindi Language at the University. The MoU will pave way for deputation of professors from India to teach Hindi language courses at the University.

2.     High Commissioner also announced High Commissioner’s Gold Medal for the best performing student under the newly-established ICCR Hindi Chair. He felicitated winners of Hindi Kavita (poetry) competition organized by the University in collaboration with Assistant High Commission of India, Kandy.

3.     The High Commissioner was also the Chief Guest at the first International Conference on Social Sciences and Languages (ICSSL) organized by the Faculty of Social Sciences and Languages, SUSL. ICSSL is an open forum for academics, researchers, students and professionals for presenting their research findings in the Social Sciences and Languages domains. The High Commissioner and the Vice Chancellor jointly launched the online portal of first ICSSL on the occasion.

4.    In his remarks as the Chief Guest, the High Commissioner listed out India’s achievements in sustainability and Sustainable Development Goals. Quoting Prime Minister Narendra Modi, he underlined that important steps towards sustainability such as reuse, recycle, re-design, remanufacture etc have been a part of India’s cultural ethos. Highlighting that Sri Lanka has abundant renewable energy potential, he mentioned that India will continue to invest in Sri Lanka to generate more power from sustainable sources of energy.  He also pledged the High Commission’s continued support to the University.

5.     Education has been a key area of cooperation between India and Sri Lanka. Recently, Indian Institute of Technology, Madras has commenced extension of their Masters Courses in Sri Lanka Technical Campus. In addition, hundreds of fully-funded scholarships are offered to Sri Lankan students, ranging from undergraduate to doctoral studies across disciplines every year. Financial assistance schemes are separately offered to students from economically weaker sections pursuing their studies in Sri Lanka. 

***

Colombo

13 January 2023

In a historic decision, Canadian Minister of Foreign Affairs Melanie Joly, announced (Jan. 10, 2023) that Canada was imposing sanctions under the Special Economic Measures Act against Mahinda Rajapaksa and Gotabaya Rajapaksa, for gross and systematic violations of human rights during the armed conflict in Sri Lanka. The sanctions were also imposed on Sri Lankan Army Staff Sergeant Sunil Ratnayake and Navy intelligence officer Lieutenant Commander Chandana Prasad Hettiarachchi. Sanctions imposed on Sri Lankan state officials – Canada.ca

The same two military officials were previously sanctioned by the US (Dec. 2021) for serious human rights abuses. Additionally, US sanctioned two more Sri Lankan military officials in the past – former army commander Shavendra Silva (Feb. 2020) and head of a clandestine army platoon Prabath Bulathwatte (Dec. 2022).

GTF congratulates and appreciates the actions of the US and Canadian governments and for standing up for justice, rule of law and democratic principles including accountability. GTF is also grateful to all concerned including political and non-political persons and organisations, human rights activists in Sri Lanka and overseas, Tamil diaspora organisations and many others who are working very hard for justice for victims of war.

Clearly a pattern is emerging. After more than a decade of inaction by the Sri Lankan authorities to address war time accountability, the international community is starting to take unilateral initiatives. But what distinguishes the Canadian action is the inclusion of Mahinda Rajapaksa and Gotabaya Rajapaksa in the list. They were the President and the Defence Secretary during the last phase of the war (which ended in May 2009), with command responsibilities.  

Sri Lankan civil war was one of the most brutal in the recent history, with UN reporting killings of 40,000 to 70,000 civilians in the last phase alone (other estimates place much higher figures), which was attributed mainly to the brutality of Sri Lanka’s military strategies, and unlawful killings and disappearances.

The Canadian Foreign Minister was emphatic, stating “These sanctions send a clear message that Canada will not accept continued impunity for those that have committed gross human rights violations in Sri Lanka.” Undoubtedly, the walls of impunity Sri Lanka painstakingly built around its leaders have started to crumble.

The timing of the sanction appears to reflect the lack of faith on the new Wickremesinghe Administration to reverse course (from that of its predecessor) on human rights and accountability. Human Rights Watch in its latest World Report (Jan. 12, 2023) argued that ‘the change of Presidents of Sri Lanka in 2022 did not lead to any improvement in the country’s human rights record”, further reinforcing the hopeless situation the country finds itself in.

It is important to highlight the plight of many victims and their families who have been waiting for more than thirteen years without accountability or justice, and the many who have passed on without knowing what happened to their loved ones. The Canadian action provides a sense of relief and perhaps even hope that justice may one day be possible.

Equally important is the message the Canadian sanction conveys to the people and leaders of Sri Lanka – hoping that with diversionary and delaying tactics the accountability concerns will disappear over time is doomed to fail and the better course of action would be to deal with the past openly and honestly, to build a strong and prosperous country for all its communities.

Canadian action also sends clear warning signs to many political and military leaders across the world that serious human rights abuses and unaccountable governance practices will have consequences – irrespective of the time it takes or the high positions the concerned individuals may have occupied.

Respect for human rights and effective universal accountability mechanisms are fundamental building blocks for a rule based world order and green shoots appearing across different countries in this regard provide hope for the emergence of a more decent world in the future.

It is in this context that the Global Tamil Forum (GTF) welcomes the historic decision by the Canadian government to sanction two former Sri Lankan Presidents, and calls upon other progressive countries, including India, the US, EU, UK, South Africa, Singapore, Malaysia, Mauritius, Australia and New Zealand, to consider appropriate actions that will resonate with the Canadian initiative.

Parliament will meet from January 17 to January 20, the Committee on Parliamentary Business declared.

Accordingly, Parliament will meet on the said dates at the Committee chaired by Speaker Mahinda Yapa Abeywardena, said Secretary General of Parliament Dhammika Dasanayake.

Parliament meets every day at 9.30 am and every day except Friday 20th 9.30 am – 10.30 am has been allotted for questions for oral answers. On next Tuesday 17 th from 10.30 am to 5.00 pm the regulations published in the Extraordinary Gazette No. 2307/12 and 2308/26 under the Import and Export (Control) Act and Regulations in the Gazette No. 2308/51 under the Foreign Exchange Act are to be approved following the debate held, the Secretary General said.

After that, the Local Authorities Elections (Amendment) Bill (No. 126) presented by MP Imthiaz Bakeer Markar and the Local Authorities Elections (Amendment) Bill (No. 160) presented by MP Premnath C. Dolawatta as private member’s bills are to be referred to the Legislative Standing Committee following the second reading.

Then from 5.00 pm to 5.30 pm, the debate at the adjournment time is scheduled to be held according to the motion moved by the Opposition.

It has also been decided to hold the debate on the second reading of the Bureau of Rehabilitation Bill on Wednesday, January 18 from 10.30 am to 5.00 pm. 22 motions regarding the Annual Reports of various statutory institutions which were approved by the Ministerial Consultative Committees of Parliament are also scheduled to be submitted for approval.

Then time has been allotted for the questions at the adjournment time from 5.00 pm to 5.30 pm. Meanwhile, it has been decided to hold a meeting of the Committee on Parliamentary Business on the 18th at 1.00 pm and if the committee decides, the second reading debate of the Regulation of Election Expenditure Bill is to be taken on the 19th from 10.30 am to 5.00 pm.

Then from 5.00 pm to 5.30 pm, the debate at the adjournment time is scheduled to be held according to the motion moved by the government. On Friday, January 20, from 9.30 am to 5.30 pm, the time has been set aside for the Vote of Condolence on the late Parliamentarians. Accordingly, the condolence will be expressed for the late members Upali Marvyn Senarath Dasanayake, Dr. Neville Arthur Fernando, Gunaratne Weerakoon and Raja Collure.

The decision made by the Canadian government to impose sanctions on two former presidents, Mahinda Rajapaksa and Gotabaya Rajapaksa, and Staff Sergeant, Sunil Ratnayaka, and Lt. Commander, P Hettiarachchi for gross and systematic violations of human rights during the war against the Liberation Tigers of Tamil Ealam (LTTE), and supreme court decision in favour of petitioners regarding the failure on the part of the then president Maithripala Sirisena, former IGP Pujitha Jayasundara, former defence secretary Hemasiri Fernando, former national intelligence director Nilantha Jayasuriya, and former director of the State Intelligence Service Sisira Mendis who were all ordered to pay heavy damages to the victims for failing to prevent the act of terrorism caused on the Easter Sunday 2019, marks important recognition of the very serious collapse of the rule of law system in Sri Lanka and its failure to provide the required protection to the citizens. While greatly appreciating these decisions, the Asian Human Rights Commission (AHRC) hopes that these will create much delayed debate on the grave crisis of rule of law and law enforcement in Sri Lanka.

AHRC wishes to highlight the following passage of the supreme court judgement and call upon everyone including the parliament to pay due attention to the following observations and recommendations: “Before we proceed to summarize the compensation payable and part with the judgment, we must express our shock and dismay at the deplorable want of oversight and inaction that we have seen in the conduct of affairs pertaining to Security, Law and Order and Intelligence. There are glaring examples of a lack of strategic co-ordination, expertise and preparedness that need a critical examination as to the way forward. The failures that eventuated in the Easter Sunday attacks and the concomitant deaths and devastations have left behind an indelible blot on the security apparatus of the Country and this Country which is blessed by a multi-cultural and multi religious polity cannot be left to the vagaries of these follies and made to suffer leading to violence, fear, apprehension and uncertainty. These events must recede into oblivion but they remind us starkly of the necessity to effect legislative, structural and administrative changes.

It is evident from the evidence placed before us that there is an urgent need to place the National Security Council (NSC) on a statutory footing and its composition specified with clarity so that there are no maneuvers to manipulate hostile exclusions and selective inclusions. The affidavit testimonies and the large volume of documents we have perused highlight the necessity to revamp the security systems and intelligence structures so that the expanding threats of terrorism and emerging challenges could be nipped in the bud and arrested as this Country cannot descend into anarchy once more. The course of conduct we have scrutinized demonstrates a woeful lack of expertise in intelligence gathering and dissemination among important individuals entrusted with the task. For instance, the office of Director, SIS and CNI must be occupied by individuals with necessary skill and expertise and the conduct of the Respondents who held the office, upon receiving sensitive intelligence, shows a lack of awareness and understanding of strategic vision. We recommend that the duties and functions of the office of Chief of National Intelligence (CNI) must be stipulated with definite certainty and the office should be occupied by a person having the necessary expertise, training and qualification”.

The decision by the Canadian government and the judgement of the supreme court have brought a severe verdict on 3 of former executive presidents of Sri Lanka, Mahinda Rajapaksa, Maithripala Sirisena, and Gotabaya Rajapaksa. Perhaps this may be the first time in world history that 3 of the heads of states in a single country has been brought into such a severe condemnation. Such condemnation though made against 3 individuals who held these posts, it also proves the correctness of the critics who have consistently held that the executive presidential system is an unsuitable political institution for democracy and rule of law in Sri Lanka and this institution poses perhaps the single most danger to all aspects of Sri Lankan life including security of its people. As the supreme court has pointed out, Sri Lanka is very much in need of legislative, structural and administrative changes.

Perhaps the single most important debate that should occupy the parliament as well as media and popular discussion should be the way to supplement such recommendations for legislative, structural and administrative changes.

We hope a serious debate will now at least begin on most important issues that affects the nation and every effort will be made to achieve such systemic changes which alone can ensure the rescue of Sri Lanka from falling into further abyss.

Asian Human Rights Commission

Initiating the long overdue system change in governance, administration and state machinery the Government is set to launch the new reform program for the next 25 years at the Diamond Jubilee celebration of Independence Day on February 04.

The 75th National Independence Day will be held under the theme ‘Namo Namo Matha – A Step towards a Century’.

“During the celebrations, the Government will announce its new reform course for the next 25 years for the implementation of a stable Government policy right until the 100th Independence Day celebrations in 2048,” the President’s Media Division said.

The main ceremony of the National Independence Day celebrations will be held on February 04 at 8:30 a.m. at Galle Face Green under the patronage of President Ranil Wickremesinghe and Prime Minister Dinesh Gunawardena.

President Wickremesinghe aims to reform and maintain a stable State Policy till the 100th Independence Day in 2048 to ensure solid economic growth for Sri Lanka by the 100th Independence Day in 2048.

For this, the Cabinet of Ministers at its meeting on Monday approved the proposal tabled by President Wickremesinghe to establish several new institutions, laws and projects within the next 25 years.

The objective of establishing these measures is to ensure the progress of socio-economic, cultural and political harmony in the country. These include three sub-categories such as establishing institutions, introducing new laws, and implementing new projects.

The establishment institutions include; the Institution of History, the Institute of Economic and Trade, the Institute of Women and Gender, the University of Government and Government Policies, the University of Agricultural Technology, the University of Climatic Changes, and the University of Sports.

Introduction of new laws for activities include; National Commission on Women’s Act, Gender Equality Act, Women Empowerment Act, Child Protection Act, Act on Climatic Changes, Commission on Social Equality Act, Reforestation and Forest Cover Act, Live Entities Act (River Mahaweli, Sinharaja, Sri Paada Conserve/Solitary Peak Horton Plains, Knuckles Adam’s Bridge), Laws for oceanic resources expedition and management (Specific economic zone/within EEZ), Muthurajawela (Conservation) Act, and Protection Act of Differently Abled Persons.

The festivities are scheduled to begin after the offering of floral tributes at the statue of post-independence first Prime Minister D.S. Senanayake at Independence Square and the statue of the war heroes at the Presidential Secretariat.

It is also of significance that many cultural and religious programs have been organised throughout the country in concurrence with the 75th National Independence celebrations.

In addition, arrangements have been made to hold Independence Day commemorations at the provincial and district level, whilst the entrance to all public and national parks will be opened to the public free of charge on National Independence Day.

Sri Lanka government has embarked on streamlining of the Samurdhi (poverty alleviation relief) payment scheme confining only to the eligible poorest of the poor people countrywide strictly identifying the needy in the wake of World Bank concerns on irregularities in the system.

World Bank survey has revealed that nearly forty percent of Sri Lanka’s Samurdhi welfare recipients are ineligible to receive the benefits.

The Committee on Public Finance emphasized the need of maintaining a register with accurate data for transparent payment of these benefits but the preparation of a transparent register of welfare beneficiaries, further delayed due to the trade union actions of the officials.

It was revealed at the meeting of the Committee held recently (Jan. 10) that a problematic situation has arisen due to the refusal of Samurdhi officials to collect data to prepare a social welfare register, identifying those who deserve benefits with transparency.

This was revealed when the orders of the Extraordinary Gazette No. 2302/23 published under the Welfare Benefits Act No. 24 of 2002 were taken into consideration at the Committee of Public Finance under the Chairmanship of Member of Parliament Dr.Harsha De Silva.

It was further revealed that it is a proposal of the International Monetary Fund (IMF) to carry out the activities transparently without corruption in the payment of Samurdhi and welfare benefits and accordingly the responsibility for this is assigned to the Welfare Benefits Board.

Thus, the orders were published in this gazette for the necessary arrangements for the data collection process.

Accordingly, the Chairman of the Welfare Benefits Board Mr. B. Wijeratne said that trade unions of Samurdhi Department officers, Grama Niladharis and Economic Development officers have brought to the notice the difficulties faced by them.

They informed that they would not carry out the next phase of this program until measures are taken to amend the section 21 and 22 of the Welfare Benefits Act as even their employment could be lost in the event if the applicants would not reveal their information truly and correctly at the enumeration.

He pointed out that the officers who enter false data are also subject to punishment by this section 21 and 22, thus they have refused to collect this data until those sections are amended.

Acceptance of initial applications to identify suitable individuals/families for receiving welfare benefit payments had recently ended.

The Chairman of the Welfare Benefits Board said that a mobile application was also introduced to collect secondary data by visiting the houses of the applicants who have applied for welfare benefits.

Suggestion has been made to make the National Identity Card mandatory in the payment of welfare benefits.

Thus, the committee emphasized the need to solve this problem as soon as possible to create a culture free from corruption and fraud, as the delay in preparing this register may lead to delay in obtaining the assistance of the International Monetary Fund. (IMF)

It has also recommended to take decisions related to carrying out these data collection activities promptly by following an alternative method