Sri Lanka will face difficulties with western human rights promoters after the government of President Ranil Wickremesinghe decided to take the human rights defenders in Sri Lanka to task.
The President stepped up criticism against them as never before when he said they were hell-bent on earning money.
The President’s accusation was that they promote anarchy instead of human rights, and he couldn’t allow that.
On the 24th of last month he told parliament that he also wanted to protect human rights. However, he qualified his statement when he said that anarchy and violence cannot be allowed to encroach on human rights.
The President underscored the fact that those who cause violence cannot be protected.
He gave an interpretation of the limitations prescribed by the constitution on fundamental rights that relate to the people’s fundamental freedoms.
“Article 14 of the Constitution outlines our fundamental rights. They can be implemented, especially to ensure state security, within the limits prescribed by law for public safety, including clauses on the protection of the Constitution. All these are in articles 15/1 and 15/2. These limits cannot be exceeded.
Article 14 (2) of the constitution states: No restrictions shall be placed on the right declared and recognised by this Article, other than those prescribed by law as are necessary in a democratic society in the interests of national security, territorial integrity, or public safety, for the prevention of disorder or crime, for the protection of health or morals and of the reputation or rights of others, for privacy, for the prevention of contempt of court, for the protection of parliamentary privilege, for preventing the disclosure of information communicated in confidence, or for maintaining the authority and impartiality of the judiciary.
Articles 15(1) and 15(2) also talk about further restrictions relating to public security.
The President discounted the efforts of the human rights organisations.
“Some claim today that they are human rights defenders. What have they defended? At least we have done these in practical terms. We have set up independent commissions with the objective of introducing good governance. Before that, the government introduced the “International Covenant on Civil and Political Rights (IPPCR) Act.”
He used the literal and metaphorical meanings to pun on the word “defenders” when he said, “what do these defenders do?” We pump diesel to our defenders and run!
These defenders too pump diesel, but with a tag called “human rights that come from overseas,” and they pump money, and they thrive on that.
This is the reality in actual terms! He challenged anyone to stand up and tell him if he was wrong.
The President said he was aware of them because he had worked with them at some point and had even defended them.
“I have worked with them. I protected them. They are accusing me today. We cannot allow chaos in the country,” he said.
The President however was careful not to divulge their names or mention who he was talking about.
Whatever the President may say, there is burgeoning discontent among the masses in the way things are being done by the government on matters of concern, which is sending mixed signals to the people. People are extremely perturbed over the rising cost of living and the plans to increase electricity tariffs to cushion the losses incurred by the government. On top of all that, unrealistic personal taxes have sent the middle class reeling under the pressure of keeping their home fires burning.
The aragalaya promoters are also trying their best to keep the government on its toes regarding the burning issues of the people, but it seems now that the aragalaya has fizzled out to a certain extent with the President vowing to nip demonstrations in the bud in a sterner manner. All efforts are being made to resurrect the aragalaya, but it will be impossible to gain momentum unless something drastic occurs, as it did during President Gotabaya Rajapaksa’s final days in office.
However, the government will once again face a severe backlash if it fails to provide adequate coal stocks to the Norochcholai Coal Power Plant before the monsoon rains in April, if it is to avoid long-term power outages because the hydropower and diesel power plants may be unable to meet the increasing demand.
So far, the government has cancelled two tenders for the supply of coal because of procedural irregularities. They became publicand caused outrage. It has called for fresh tenders once again for unknown reasons. Sri Lanka needs 38 shipments of coal every year for Norochcholai to generate the 900 mw of thermal energy it contributes to the national grid. The timing of the coal delivery is crucial and if the government fails to succeed with the procurements, it will be inviting more trouble from the masses and also shrinking the already ailing economy.
The aragalaya activists also try to bring mattersof public interest to light in whatever way possible. In the circumstances, the case filed by a lawyer to obtain a court order to arrest Senior Deputy Inspector General of Police Deshabandu Tennakoon, has gathered the backing of the law-abiding people in the country.
The writ petition filed by Attorney-at-Law Ramalingam Ranjan sought an order directing the CID to arrest Tennakoon for his failure to prevent attacks on peaceful protesters at Galle Face. Last week, a two-judge bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola, fixed the petition against Deshabandu to be taken up for an initial hearing on December 16.
Mr. Ranjan cited Attorney General Sanjay Rajaratnam, Senior DIG Deshabandu Tennakoon, IGP Chandana Wickremaratne, and CID Director Kavinda Piyasekera as respondents.
The petitioner is further seeking an order in the nature of a Writ of Mandamus to compel the Attorney General and police to make Tennakoon a suspect in the case at the Colombo Magistrate’s Court relating to the attacks on peaceful protesters at Galle Face Green on 9th May.
Mr. Ranjan claimed that Tennakoon, who was supposed to stop unruly marchers from breaking out from the Prime Minister’s official residence Temple Trees, had failed to prevent them from entering “MynaGoGama” and “GotaGoGama“protest areas and instead, aided and abetted the said attacks on the peaceful protestors.
He also claimed that the Colombo Fort Magistrate had repeatedly reminded the CID of its reluctance and prolonged delay in carrying out its duties diligently.
The Magistrate observed that Tennakoon was having an intimate conversation with parliamentarian Sanath Nishantha, who is the fifth suspect in the 9th May violence, at the time the attack took place. It appears that the police are on the back foot as far as Tennakoon, who is aspiring to be the next police chief, is concerned.
When the case against the Galle Face Green perpetrators came up before the Fort Magistrate, the CID informed the court that they had completed preliminary investigations and were awaiting the Attorney General’s advice on how to proceed with the matter.
Maithri Gunaratne, who watched the interests of the victims, moved the court to place Tennakoon under arrest for aiding and abetting the perpetrators.
However, Magistrate Thilina Gamage refrained from making an order in this regard but observed that the CID failed to conduct investigations in accordance with instructions given by the Attorney General. The Director of the Police Special Investigation Unit was ordered to submit a report to ascertain whether Tennakoon has interfered with the investigations pertaining to the aragalaya incident.
On May 23, the Attorney General instructed the IGP to transfer Tennakoon with immediate effect to prevent unnecessary intervention into the investigations relating to the attacks on peaceful protesters, but he still remains the SDIG in charge of the western province. The IGP has washed his hands off the matter on the pretext that such transfers are handled by the Public Service Commission.
The aragalaya activists have not given up their fight to remove politicians and errant bureaucrats from important governmental positions that could jeopardise the country’s well-being.
Besides former minister G.L. Peiris challenging the government on another front, he accused them of trying to scuttle the election process relating to local bodies. According to the existing law, local government elections are scheduled for March, but the government is hell-bent on putting the elections off by employing dubious methods, says Peiris.
The government is obviously suffering from an election phobia and is trying to misuse a private member’s motion by MP Pemanath Dolawatte to bring in new legislation aimed at enhancing youth representation at the local level. Peiris claimed it was Imitiaz Bakeer Markar who initially brought the resolution in the form of a private member’s motion, but the government totally ignored it at that stage and is now trying to throw its weight behind Dolawatte’s proposal in order to buy time. This may happen as soon as the budget voting is done, says Peiris.
However, he says they were not against the content of the resolution but were totally against the postponement of local elections. Peiris has vowed to take appropriate action to prevent the government’s sinister moves.
The Chairman of the Elections Commission is facing a dilemma over the matter and has had extensive consultations with the Attorney General but refuses to divulge what transpired at the meeting. He says even if a Right ToInformation application is filed in this regard, he will not be able to reveal what came out of the meeting with the Attorney General.
What matters is whether what happened between him and the Attorney General qualifies as classified information or poses a threat to national security.
Others maintain that the law is clear, that there are no ambiguities in the law relating to elections for the local bodies, and that he could go ahead and hold elections without any hindrance. However, the pertinent question is what holds him back.
