The Archbishop of Colombo Cardinal Malcolm Ranjith has left for Rome this morning (22) with the victims of the Easter Sunday bombings at the invitation of His Holiness Pope Francis.
About 60 victims, including close relatives of those killed in the Easter attack, are said to have taken part in the visit.
Earlier in the day, Cardinal Malcolm Ranjith was visiting the Vatican at the invitation of the Pope.
If Gotabhaya Rajapaksa is removed from the post of President, as there is a risk of Basil Rajapaksa becoming the acting President, says Parliamentarian Wimal Weerawansa.
“The first thing is that the Prime Minister and his cabinet should resign. We need to create a new regime that can build trust and stability. Some say Gotabhaya Rajapaksa should also leave. But if Gotabhaya leaves another person who has the 113 majority will become the acting president. What if Basil Rajapaksa, who is now in hiding, comes out and wins 113? Then Basil will become the acting president. Is that what you want?
He said that what needs to be done now is to get Gotabhaya Rajapaksa to agree to a collective decision-making program and to establish a stable government that will recover from the problems faced by the country.
Wimal Weerawansa stated this addressing a conference held yesterday (21).
PAFFREL is paying strict attention to the death of a youth and the significant number of people injured due to the police firing during the public unrest in Rambukkana yesterday (19th April).
These protestors were not engaged in an anti-government struggle, but as participants in a campaign to ensure that they were provided with the facilities necessary to meet their daily living needs, or the right to life, as a result of the economic pressure on the poor and incompetent economic management of the government.
PAFFREL strongly condemns the shooting of a group involved in such a protest. Also, according to the pictures posted in the media, no one in a civilized society would approve of the protesters being chased and shot. According to media reports, the police have failed to take the necessary steps to control such a protest. Therefore, we request on the IGP and the Human Rights Commission to conduct a speedy, formal, and transparent investigation into this incident.
We would also like to emphasize that it is the responsibility of the IGP to provide proper guidance to the police as they have the primary responsibility of maintaining law and order at a time of public unrest throughout the country. We also request on all security forces, including the police, to reconsider their position before firing on civilians protesting for the right to life.
We also emphasize that it is the inalienable responsibility of police officers to act in a manner that does not provoke the public during protests and that there are many examples in the past of officers being held personally liable through the execution of illegal orders.
At a time when the country is in a serious economic crisis, such incidents will not be prevented in the future in an environment where the support of the international community, including the International Monetary Fund, is sought, but the international crisis will only exacerbate the crisis in the country.
PAFFREL kindly urges all to carry out public protests and struggles as peacefully as possible, to act in a manner that does not cause any damage to public or private property, and to protest so that the oppressed people who are part of the struggle themselves no longer suffer.
We accentuate to the government that it is its responsibility to address the issues that are causing the public protests and that the violent crackdown on them will only aggravate the public unrest. Finally, we emphasize that ensuring the right to life of all citizens and the right to freedom of expression is a fundamental responsibility of the State.
Rohana Hettiarachchi
Executive Director
Parliamentarian Namal Rajapaksa has challenged the opposition to file a case against him or his family members if they have illicit amassed wealth in any country in the world.
He said that during the period 2015-2019, the then government even tried to imprison and prosecute him and his family, but all those allegations were false and he was acquitted by the court itself.
Rajapaksa said it was unfair for him to be repeatedly accused of false allegations in parliament and instead of insulting him, he asked to find out if they have amassed wealth in any country in the world under the guise of parliamentary privileges. He added that he is prepared to face prosecution if they can prove those.
He also said that the recent Bitcoin allegation against him was as false as the previous allegations.
Namal Rajapaksa stated this addressing the Parliament yesterday (21) in a special statement.
Sources say that the CID has informed President Gotabhaya Rajapaksa that there is enough evidence to arrest SSP K.B. Keerthiratne who was in charge of the Kegalle division.
SSP Keerthiratne had ordered the firing to disperse a public protest in Rambukkana on April 19. One person was killed and three others were seriously injured and are still receiving treatment in hospital. More than 20 people were seriously injured.
Sources say that the CID has informed the President that there is enough evidence to arrest the SSP based on eyewitness and video evidence received so far regarding the incident.
The public has also criticized the police for not arresting any police officers in connection with the murder except for the transfer of three persons including Keerthiratne. In particular, the fact that SSP Keerthiratne is a close relative of Mahinda Rajapaksa’s Chief Security Officer has further intensified the current anti – Rajapaksa sentiment in the country.
Shooting these protesters has also attracted international attention and the government is being pressured internationally. Sources said that the Sri Lankan government, which is at risk of a severe dollar crisis as well as an impending food shortage, risks not receiving the much-needed international humanitarian assistance to the country in the next moment if all efforts are made to rescue these police officers.
The ‘Radical Centre’ had organized a programme titled ‘Satyakriya : An Act of Truth’, which held on April 21 at the Independence Square in Colombo.
According to the Radical Centre, the event mark the birth anniversary of the late Mangala Samaraweera in the hopes of taking a step towards creating an inclusive Sri Lanka he envisioned, one which would function as a democracy based on the principle of ‘Unity in Diversity’.
Representatives of the Radical Centre said the event was held with the purpose of ending the Rajapaksa brand of politics as per the wishes of the thousands of protestors across the country and to build consensus between representatives of political and civil society organizations to establish a government that is responsible and accountable to the people.
The Radical Centre is an apolitical movement launched by the late Mangala Samaraweera comprising a group of multifaceted, multi-ethnic youth calling themselves as #truepatriots.
Protestors have occupied the entrance to the President’s Office for the tenth consecutive day on Monday (18), demanding Gotabaya Rajapaksa resign over the debt-ridden country’s worst economic crisis in memory.
Geetha Kumarasinghe, the new Minister of State for Cultural Affairs, questions whether the protests, which are blocking main roads and railways, are not ‘terrorism’.
“I take this opportunity to talk about the current situation in the country. Young children come to the Galle Face and grab the board to get rid of the mental turmoil that has befallen their lives. We’re really heartbroken about that. Who closed the railway and other main roads? What is expected of these? Isn’t this terrorism? Do innocent people do this? I say in this House today, stop saying Gota Go Home immediately. When his time comes he will leave. Then let’s go for a poll!”
Geetha Kumarasinghe said this while addressing Parliament yesterday (21) for the first time since receiving a ministerial post.
The British Tamils Forum (BTF) is releasing a 20-minute documentary film “Continuous Cycles of Violence and Genocide in Sri Lanka” to the Members of British Parliament and distinguished guests in Westminster Hall, British Parliament, London at 6:30pm on 27 April 2022.
This documentary depicts a succinct of the atrocity crimes inflicted on Tamil people since Sri Lanka attained its independence from British in 1948. Please invite your Member Parliament to participate this event.
BTF will release this documentary in YouTube to the public after 27 April 2022.
British Tamils Forum
Minister of Foreign Affairs, Professor G.L. Peiris met with the Ambassador of China, Qi Zhenhong, on 21 April, 2022 at the Foreign Ministry.
While welcoming the Ambassador, Minister Peiris appreciated China’s continued assistance to Sri Lanka which had begun even before establishing formal diplomatic relations between the two countries. He also recalled the Chinese monuments erected in Sri Lanka with the funding of the Chinese Government.
The Foreign Minister also apprised the Ambassador of the current situation in the country and the shortage of energy which has adversely affected the economy of Sri Lanka. He briefed the Ambassador on the measures which are being put in place by the Government to immediately overcome the prevailing situation, including the ongoing discussion with the IMF for financial assistance as well as reformulating Sri Lanka’s debt and in that context Minister Peiris requested further assistance from China, particularly in the field of bridging finance during a difficult time.
The Ambassador of China stated that the Embassy of China in Colombo and Beijing were closely monitoring the evolving situation in Sri Lanka. Ambassador Qi assured that the Chinese Government would continue extending assistance to Sri Lanka in every possible way including direct Chinese Government support, regional Government support and support through Red Cross China.
The China International Development Cooperation Agency (CIDCA) has pledged an urgent emergency humanitarian aid of RMB 200 million to Sri Lanka, including 5000 tonnes of rice (with the previously announced 2000 tonnes), pharmaceuticals, production materials and other essentials. Furthermore, the Yunnan Province has announced a donation of RMB 1.5 million worth of food packages to Sri Lanka.
The Foreign Minister extended Sri Lanka’s profound gratitude to the Government of China for the unwavering and consistent support. The discussions also focused on people to people exchanges, support at the multilateral fora, poverty alleviation, among others.
Foreign Secretary Admiral Prof. Jayanath Colombage, senior officials of the Ministry of Foreign Affairs and officials of the Chinese Embassy were present during the meeting.
Ministry of Foreign Affairs
Colombo
21 April, 2022
Two crises overlap in Sri Lanka. One is the economic crisis which preoccupies everyone at the moment. However, in seeking a solution to the economic crisis, another crisis stands against any real solution. That is the constitutional crisis.
However, this aspect has not received very much attention during the discussions which are taking place, in the media as well as throughout the country, particularly in places where public protests are taking place in an overwhelming manner.
However, there are a few who have been pointing to this crisis consistently. One such person is the former Auditor General, Gamini Wijesinghe. In numerous interviews, he has repeatedly stated that a reinstatement of the supremacy of the law is the key to finding any solution to the economic crisis. He has also pointed out that even at the International Monetary Fund (IMF) and other discussions, this issue is bound to figure prominently.
This problem is indirectly discussed in the revival of the debate as to whether the 19th Amendment to the Constitution should be revived and the 20th Amendment to the Constitution should be displaced. There are those who speak about the 19th Amendment to the Constitution Plus or the 19th Amendment to the Constitution Plus Plus.
However, if the reinstating of the supremacy of the Parliament is agreed upon, then the way to do it is much simpler than bringing about any other amendment.
What needs to be done is to introduce a pause to the Constitution at an appropriate place, stating that “the overriding principle that runs through the entirety of this Constitution is the supremacy of the law”. It may also be added that “any provisions of the existing laws including that of this Constitution will seize to be valid in law if such provisions are inconsistent with the principles of the supremacy of the law.”
In order to introduce this amendment, it is not necessary to have a two thirds majority in the Parliament or a referendum. The reason is that Sri Lanka is a Democratic, Socialist Republic. All the three words imply the acceptance of the principle of the supremacy of the law. A republic in essence is the opposite of a monarchy. As it was stated by the great writer Thomas Paine regarding the United States (US) Constitution, that “in England, the king is the law and in the US, the law is the king”. That is the spirit that is prevalent in all modern republics. A paramount principle of a republic is that the law is supreme.
Sri Lanka is also a democracy. Democracy by its very definition is a concept which poses the supremacy of the law. By stating that Sri Lanka is Socialist, what is meant is also that it exists for the benefit of the people, which means that once again, the supremacy of the law is an essential condition of creating the welfare for the people.
Therefore, by introducing a clause that the supremacy of the law is the overriding principle of this constitution, no new idea is introduced. Instead, an idea which is already implied is being expressed more clearly. Similar expressions have been done in the past. For example, when the Supreme Court declared that the right to life is implied in the Constitution. The constitutional provisions on the Fundamental Rights had not directly included the right to life. However, when the matter came up before the Supreme Court, the Supreme Court held that although not expressly mentioned, the right to life is implied in the Constitution and therefore is a part of the law of Sri Lanka. That did not require any new legislation being passed or a new amendment being made to the Constitution. It was done purely by way of judicial interpretation of what was implied within the Constitution.
Perhaps an appropriate place to include the above mentioned provision of the supremacy of the law as the overriding principle running through the entirety of the law in Sri Lanka is immediately after the provision on the sovereignty of the people. The Constitution states that the people in Sri Lanka are sovereign. It could immediately be stated thereafter that the sovereignty of the people is expressed through the supremacy of the law and that the supremacy of the law is the overriding principle that runs through the entirety of the Constitution.
The adoption of these approaches will make it much easier to resolve some of the problems that have been besetting the Sri Lankan constitutional debates over a several decades now. One of the most pressing issues that have come up over and over again is how to bring the Executive President under the rule of law.
By declaring that the supremacy of the law is the overriding principle that runs through the entirety of the Constitution, this problem can easily be resolved. It would mean that any power that is given to the Executive President which is inconsistent with the principle of the supremacy of the law will thereby seize to be valid in law.
This could also apply to the various powers given to the Ministers. Under certain provisions of the Constitution, the Ministers are sometimes raised above the law and the decisions that they make are not subjected to be questioned before a court of law. It has been pointed out by experts that such leads to many arbitrary forms of the use of power and it particularly gives rise to corruption.
One of the major demands of the people who are taking up protests in an overwhelming manner throughout the country is that there should be empowerment of a law that is really capable of dealing with corruption and bringing corruption to an end. It is not possible to bring corruption to an end without reinforcing the principle of the supremacy of the law. It is only the law that could allow actions to be taken in order to criminalize or in other ways to declare it wrong to engage in any kinds of corrupt activity and bring the culprits who violate that law to courts. Thus, if one of the major demands of the present time, which is to eliminate corruption, is to be dealt with in a serious manner, it is essential to reinstate in the strongest possible way, the principle of the supremacy of the law and it could be done in the manner that has been suggested above.
There are many other issues which are intertwined with the issues of the supremacy of the law. One is that if the credibility is to be won with the IMF as well as others whose confidence needs to be won, if the restructuring of debts in Sri Lanka is to be achieved, it would be essential to reassure to the world that the supremacy of the law is victoriously enforced in Sri Lanka. Without that assurance, it is not possible to create the confidence that today everyone agrees should be created if Sri Lanka is to win back the credibility of those whose cooperation is required in the overcoming of the debt crisis.
Above all, the people who are protesting in the streets need to be assured that they have the protection of the law. It is this loss of faith in the law that has created the kind of disillusionment and demoralization in the country which in turn has created the loss of faith in governance.
A further question that needs to be resolved is how the country could regain the lost confidence among the people. The confidence in the Judiciary and associated institutions such as the Attorney General’s Department was lost due to the undermining of the principle of the supremacy of the law. Therefore, the empowerment of the Judiciary by giving it the power to annul any provisions of the law including those of the existing Constitution which are inconsistent with the supremacy of the law, can empower the Judiciary to play a more active role in the protection of the principle of the supremacy of the law as well as the principle of the protection of the people. If the Judiciary plays an active role in promoting the principle of the supremacy of the law, many of the problems that are associated with the judicial system could be overcome in this manner. Further, this will also apply to the functioning of the law enforcement agencies. The law enforcement agencies have come to the present state of affairs, a great deal due to the politicization processes which have taken place in the recent decades. This process could be reversed by the inclusion of provisions into the constitution as one that is suggested by bringing about very clearly within the Constitution itself that the overriding principle in the Sri Lankan Constitution is the supremacy of the law.
The adoption of this approach will not only resolve many of the problems, it will also provide a much easier way to overcome besetting problems than any other amendment to the Constitution. This way, resolving the problem will be less complicated and also more empowering.
Asian Human Rights Commission
