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  Politics  


 
Home and home battles mar electioneering

• The European Union, Miliband, Clinton and company dictate to UN
• President has appointed two courts martial to try General Fonseka
• The opposition and Ms. Anoma Fonseka are carrying out a misinformation campaign
• The legal status of Johnston as a cabinet minister has run into question

Despite the parliamentary general election scheduled for April 8 only 25 days away, the major political parties in the fray have so far confined their electioneering to media briefings, whistle stops and house-to-house canvassing. The UNP, as a prelude to their propaganda campaign proper, is holding the meetings of the party’s district organisations presided over by the party leader Ranil Wickremesinghe.

The ruling UPFA has planned to hold their major propaganda rallies with President Mahinda Rajapaksa in the chair, beginning this week, SLFP General Secretary Maitripala Sirisena said. The President will preside over the propaganda rallies to be held at district level. Prime Minister Ratnasiri Wickremanayake, senior ministers and the leaders of the constituent parties of the alliance will participate in other meetings. According to UNP General Secretary, the UNF will kick off their campaign with a mass rally in Jaffna on March 19 which is to be the first in a series of 32 rallies planned to be held across the country by the party.

Intra-party candidate rivalry
Clashes, resulting from intra-party candidate rivalry- a common malaise affecting the major political parties - have already been reported from several parts of the country. A series of untoward incidents where supporters of certain UPFA candidates had set upon those of candidates of the same party had been reported from Ratnapura, Anuradhapura, Galle, Matara and several other areas. The UPFA candidates, who participated in religious observances at the Jaya Sri Maha Bodhi in Anuradhapura on February 27, later made a solemn pledge before President Rajapaksa to conduct a peaceful election campaign. However, the complaints about tearing down of posters and cutouts, attacks on party offices and causing damage to houses and vehicles by the supporters of the fellow- candidates had begun pouring in to the party headquarters from the following day itself.

There had been similar clashes between the supporters of the UNF candidates as well. A group of supporters of a UNP candidate had attacked Upulangani Malagamuwa of the SLFP (M) contesting on the UNF ticket in Kurunegala and a group of her supporters near the Mee-oya bridge at Galgamuwa. Upulangani had complained to the Galgamuwa Police regarding the incident. She had later apprised both Ranil Wickremesinghe and Managala Samaraweera of this incident. Galgamuwa UNP organiser Mohan Perera has been accused of setting goons on Upulangani and her supporters. The UNP leader had summoned Mohan Perera to Colombo on Wednesday and pulled him up regarding the the ugly incident. Wickremesinghe had also warned the errant candidate of severe disciplinary action against him in case he repeated the offence.

JVP `Manapa-pore’
At none of the previous elections did the JVP candidates canvass for the preference vote. The party, on all previous occasions, made it a point to canvass for the `Bell’ symbol without exhibiting the preference numbers of the candidates. However, the JVP contesting this symbol of the Democratic National Alliance (DNA) have put on display the pictures and the preference numbers of their candidates general election under the `Trophy’ in the running at this election. According to JVP insiders, the party had entered the `Manama-pore’ to enable the JVP supporters to single out the party candidates contesting under the DNA for voting at this election.

Moneragala issue
The main item on the agenda of the UNP Working Committee which met at the Sirikotha party headquarters last Tuesday with the party leader Ranil Wickremesinghe in the chair was the issue over the deletion of the name of Janaka Tissakuttiarachchi from the Moneragala nomination list. A majority of the Working Committee membership had failed to turn up at this meeting. Nor was in attendance at the meeting Ranjith Madduma Bandara who is facing the charge.

The committee, at this meeting, decided to appoint Commodore Nihal Chandrasiri as the acting Chairman of the Moneragala District organisation in place of Ranjith Madduma Bandara. The Committee also decided to appoint K.Velauthan as the opposition leader of the Uva PC replacing Ananda Kumarasiri who is also facing charges in connection with the nomination list affair.
The Working Committee also decided to delegate authority to the party leader to look into taking a damage control measure and also complaining to Police regarding the unauthorised alteration of the nomination list.
However, the Moneragala UNP district leaders reportedly are up in arms against the stance taken by the Working Committee regarding this matter. They had earlier asked the UNP leadership not to accommodate Tissakuttiarachchi on the Moneragala district nomination list as the latter does not hail from the district. Ranil Wickremesinghe, who had turned a deaf ear to their request, had fielded Tissakuttiarachchi on the Moneragala district list to accommodate SLFP (M) leader Mangala Samaraweera.

There was a similar dispute over the UNP’s Colombo District nomination list as well. Western PC member of the UNP C.Y.P. Ram too had sought a slot on the Colombo district nomination list. A popular figure among the Tamil community in Colombo, Ram was returned to the Western PC at the last provincial elections by a large majority of votes. But, Ranil Wickremesinghe had deleted his name from the Colombo district nomination list following a strong protest made by Ravi Karunanayake.
The UNP leadership has come in for flak from a large number of members for the standard adopted in regard to the Moneragala district nomination list vis-à-vis the Colombo district nomination list.

Two out , two in
A question has now arisen over the ministerial portfolios now being held by Johnston Fernando and Indika Bandaranayake who recently crossed over to the government from the UNP given the situation that they have forfeited their parliamentary membership.
The UNP expelled Johnston Fernando and Indika Bandaranayake from the party membership immediately after their defection to join the government. UNP General Secretary, Tissa Attanayake had sent letters to the Secretary General to Parliament and the Elections Commissioner informing them of their expulsion from the UNP. Attanayake, by his dated December 17, had also requested that the two candidates, who polled the next highest number of preference votes from the Kurunegala district, be appointed to fill the two vacancies in parliament.

Both Johnston Fernando and Indika Bandaranayake had earlier filed petitions in the Supreme Court challenging their expulsion from the UNP. However, they had withdrawn the petitions following the dissolution of parliament on February 9. They could not attend parliament when it met on February 9 as by then their expulsion had become legally valid.

When parliament meets again on April 6 to approve the extension of the Emergency, Anura Gopallawa and D.M. Bandaranayake, who occupy the two places next to Johnston Fernando and Indika Bandaranayake on the Kurunegala district preference votes list, will get the unforeseen opportunity of being sworn in as members of the 6th parliament. Their functioning as MPs will be confined to their voting on the Emergency and they will cease to be MPs when parliamentary sittings end in a few hours.

Now, the legal status of Johnston Fernando as a cabinet minister has been called into question. In terms of the relevant provisions in the constitution only a member of parliament is eligible to hold a ministerial portfolio. Therefore, it goes without saying that Johnston Fernando can no longer attend cabinet meetings. By the same token, Indika Bandaranayake too can no longer function as non-cabinet minister.

UN on Sri Lanka
The UNO, which had been silent on Sri Lankan affairs for some time, has now begun talking about human rights violations and war-time incidents again. UN High Commissioner for Human Rights, Navanethem Pillay had recently repeated her call for a probe into certain incidents which had been reported during the war.
A few days later, UN Secretary General, Ban Ki-moon had rung up President Mahinda Rajapaksa to inform the latter that he was going to appoint a panel of experts to report to him on accountability issues relating to Sri Lanka. However, the President had pointed out to the UN Secretary General that the proposed move would constitute interference in the internal affairs of Sri Lanka and a violation of the UN Charter. “Six months have passed since the ending of the war. And a peaceful atmosphere is prevailing in the country now. We are even holding national elections. Therefore, I strongly object to the appointment of such a panel to inquire into our affairs,” President Rajapaksa had told Ban Ki-moon. The President had also told Ban that if the UN appointed such a panel, he would take all measures available to him to oppose it.

Following the telephone conversation with President Rajapaksa, Ban Ki-moon had told a media briefing that he would be sending UN Under Secretary General for Political Affairs Lynn Pascoe to Sri Lanka for further talks.
An American national, Lynn Pascoe had functioned as the US ambassador for Indonesia and Malaysia before being appointed as Under Secretary General of the UN. A one-time USA’s Permanent Representative to the UN, Pascoe had functioned as an active member of several American peace missions set up for resolving certain regional political crises.
He paid a visit to Sri Lanka last September. The itinerary of the proposed visit of Lynn Pascoe to Sri Lanka is expected to be announced this week.

NAM hits out at Ban Ki
Meanwhile, the Non-aligned Movement (NAM) currently chaired by Egypt, an organisation of 118 member nations has articulated its protest against the UN move to appoint a panel of experts to advise the Secretary General on accountability issues relating to Sri Lanka. Egypt’s ambassador Maged A. Abdelaziz, who is also the current Chairman of the NAM Coordinating Bureau, has sent a letter to UN Secretary General Ban Ki –moon protesting the proposed move by the UN. (See the inset carrying United Nations date-lined IPS dispatch containing the NAM letter addressed to the (UNSG).

The European Union, British Foreign secretary David Miliband, US State Secretary Hillary Clinton and French Foreign Minister Bernard Kouchner and the like who had been anti-Sri Lanka have not stopped nagging Sri Lanka as they did during the war in the North. Political parties supporting the government attribute their anti-Sri Lanka attitude to the influence the Tamil Diaspora wields over them in their countries. Addressing a media briefing held in Colombo last week, Minister Patali Champika Ranawaka said that the increasing incidence of interference in Sri Lankan affairs by the Western countries betray their malice towards Sri Lanka. He said, “These Western countries affronted by the government’s refusal to carry out the agenda they had set for Sri Lanka during the final phase of the war in the North, are engaged in a sinister conspiracy against Sri Lanka.” Minister Ranawaka also pointed out that British Foreign Secretary David Miliband and French Foreign Minister are now waging ‘an ideological war’ on Sri Lanka in an indirect bid to win the support of the pro-LTTE Tamil Diaspora in their countries at the elections round the corner.

Ban-Ki a puppet
JHU media spokesman, Nishantha Sri Warnasinghe told the same media briefing that Ban Ki-moon has become a puppet in the hands of the Western nations. ” Ban Ki-moon has to carry out the agenda set by the Western countries if he is to keep his office. People like Miliband and Hillary Clinton are behind the decisions being taken by the UN,” he explained.

Two Courts Martial try Fonseka
President Rajapaksa, on the recommendations of the Army Commander, appointed two courts martial on Thursday. The same panel of judges will conduct the proceedings in both courts. Three serving Major Generals comprise the panel. Major General H.L. Weeratunga is the President of the panel. The other two judges are Major Generals A.L.R. Wijetunga and D.A.R..B. Jayatillake. Rear Admiral W.W.J.N. Fernando, who is an attorney at law, will function as the Judge Advocate. The two courts martial due to meet at the Navy headquarters will commence sittings on March 16 and 17. General Fonseka has been granted permission to retain lawyers to look after his interests at the court proceedings. Meanwhile, arrangements have been made to video all sequences in the court proceedings.

JVP questions legality
Addressing as media briefing in Colombo on Thursday, former JVP parliamentary group leader, Anura Kumara Dissanayake said that there is none in the army legally qualified under the Army Act to court - martial General Fonseka as the latter held the highest rank in the security forces. The Army Act says that those on the panel of judges should be those above the rank of the accused under trial. There is none in the army holding a rank higher than that held by General Fonseka in the army. Therefore, there is no possibility of appointing a panel of judges to try him,” said Anura Kumara Dissanayake.

Petition in supreme court
Meanwhile, it is learnt that a team of lawyers including former Chief Justice Sarath N. Silva are planning to file a petition in the supreme court challenging the legality of the courts martial set up to try General Fonseka. They are to submit to the supreme court through the petition that trying Fonseka by courts martial violates the provisions of the Army Act as those on the panel of judges appointed are below his rank and also it is illegal to subject a person no longer in the service of the army to a trial conducted by a court martial in terms of the provisions of the Army Act. According to informed sources, General Fonseka has decided to boycott the courts martial.

Wife complains
Meanwhile, Anoma Fonseka has told the media that her husband is not getting adequate ventilation as the windows of the room where he is being detained are covered by nailed planks. The General last week staged a fast too saying that he was not being allowed to speak to his daughter over the phone that his wife used to bring with her. Later, he spurned the offer by the Army of a telephone to speak to his daughter. However, he gave up the fast when he was allowed to speak to his daughters using his wife’s telephone.
Anoma Fonseka now brings both lunch and dinner for the General from home. Meanwhile, a cook has been made available to prepare his breakfast. Facilities for reading books also have been provided in his double room- cell. His wife has been allowed a two-hour period to visit him. Meanwhile, Anoma Fonseka had said that the General spends about two hours in telephone conversation with his daughters in the United States.

President recalls prison days
Commenting on the facilities made available to General Fonseka during a chat with a group of senior ministers, President Rajapaksa had reportedly said, “The opposition and Ms. Anoma Fonseka are carrying out a countrywide misinformation campaign saying that the General has been reduced to a virtual prisoner and he is being subjected to severe ill-treatment. But the truth is that he is not being held in a prison, but in the official quarters of the former Navy Commander. He is being provided with necessary amenities. He has not been incarcerated in a place like Welikada or Bogambara. But I am a person who has languished in prison for the ‘sin’ of fighting for the rights of the people. The UNP government had me jailed on trumped up charges. The judge said that I could be transferred to the prisons hospital. But I did not seek the comforts of the prisons hospital like some ‘big people’. I slept on a torn piece of a mat spread on the floor like other ordinary prisoners. I did not ask for telephones. Nor did I ask for good food. I did not stage a fast either. I had to suffer the attacks by fleas.”

 

Sri Lanka scores diplomatic victory over United Nations

NAM roundly rebukes Ban Ki-moon’s decision to appoint panel
UNITED NATIONS, Mar 11, 2010 (IPS) - Sri Lanka, which won a grueling decades-long battle against one of the world’s most ferocious terrorist organisations last May, has scored a diplomatic victory in its ongoing war of words with the United Nations.
The largest single political coalition has, in a rare rebuke, lambasted Secretary-General Ban Ki-moon for his decision to appoint a panel of experts to advise him on ‘accountability issues’ relating to post-conflict Sri Lanka where the country’s military has been accused of human rights violations and alleged war crimes.

The 118-member Non-Aligned Movement (NAM), currently chaired by Egypt, has expressed ‘deep concern’ over Ban’s unilateral decision to create the proposed panel, and accused him of two serious charges: attempting to violate the U.N. charter and trying to interfere in the domestic affairs of a member state.
The decision to establish a panel of experts was made over the strong objections of the government of President Mahinda Rajapaksa which claimed a decisive victory over the Liberation Tigers of Tamil Eelam (LTTE) battling for a separate nation state in northern Sri Lanka.
“The NAM strongly condemns selective targeting of individual countries which it deems contrary to the founding principles of the movement and the United Nations Charter,” said Ambassador Maged Abdelaziz of Egypt in a letter to Ban.

The letter followed a NAM meeting which unanimously agreed to protest the secretary-general’s action.
“As you are surely aware, the President of Sri Lanka has already confirmed in public his intention to appoint a domestic mechanism to address accountability issues, voluntarily,” the NAM chair said.
The letter also points out that neither the Security Council nor the General Assembly or its subsidiary Human Rights Council have made any pronouncements on alleged human rights violations in Sri Lanka or mandated any particular course of action.

“The situation in Sri Lanka is not on the agenda of any of these bodies and there is nothing in the U.N. charter that authorises intervention in matters which are essentially within the domestic jurisdiction of any state, without prejudice of course to the application of enforcement measures under chapter VII,” the letter argues.
Under that chapter, only the Security Council has the authority to intervene - if and when it determines the existence of any threat to the peace, breach of peace or act of aggression - primarily to maintain or restore international peace and security.

The NAM letter implicitly accuses the secretary-general of playing politics when it says that the non-aligned countries ‘are of the conviction’ that the proposal to appoint a panel of experts on the eve of parliamentary elections in Sri Lanka ‘could do more harm than good to the country’s ongoing and relentless efforts aimed at reinforcing reconciliation and national unity.’

Based on the principles of national ownership and leadership, the Non-Aligned countries says they wish ‘to underscore the need to allow enough space and time for the government of Sri Lanka to complete its own domestic processes without interference or unsolicited assistance’ from the United Nations.
Asked for an official reaction, a U.N. spokesman told IPS, “We are considering responding by letter. I cannot confirm it yet, but I hope that by tomorrow we’ll have something specific to say.”
The decision to appoint a panel of experts may have been prompted primarily by a call by U.N. High Commissioner for Human Rights Navi Pillay for an international investigation on human rights violations committed both by Sri Lankan armed forces and the LTTE.

Both warring parties have been accused of killing civilians - intentionally or unintentionally.
The government has denied the charges, even though the armed forces have also been accused of killing insurgents while in the act of surrendering - which if proved, amounts to war crimes.
Rajapaksa has called the proposed investigation “both unprecedented and unwarranted as no such action had been taken about other (member) states with continuing armed conflicts on a large scale involving major humanitarian catastrophes and causing the deaths of large numbers of civilians due to military action.”
In a statement Saturday, Rajapaksa said that allegations of human rights violations were motivated by ‘misrepresentations by apologists of the LTTE’ and ‘by some non-governmental organisations’ with a ‘misguided’ agenda directed against Sri Lanka.
Last Thursday, the Secretary-General spoke to Rajapaksa on the phone and informed him about the proposed panel.

At a press conference Friday, Ban said, “I had a frank and honest exchange of views with President (Mahinda) Rajapaksa over issues that were of concern to both of us.”
This included moving forward on political reconciliation, further movement on the condition of internally displaced persons and the establishment of an accountability process, he said.
“I am concerned with the lack of progress of the joint statement which both I and President Rajapaksa had agreed during my visit (to Sri Lanka) last year,” he said.

“I raised this issue and discussed (it). I made clear to President Rajapaksa that I intend to move forward on a Group of Experts which will advise me on setting the broad parameters and standards on the way ahead on establishing accountability concerning Sri Lanka,” Ban said.
For that purpose, he said, “we have agreed that I dispatch (Under-Secretary-General of Political Affairs) Lynn Pascoe in the very near future.”
But that visit has also been put on hold.
The government is also unlikely to permit any members of the panel to visit Sri Lanka to investigate charges of human rights violations.