Category: General

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Defence Seminar 2013: Secretary Defence Mr. Gotabaya Rajapaksa’s vision for Sri Lanka

Making the keynote address at the 3rd consecutive Sri Lanka Army organized ‘Defence Seminar-2013 on the theme ‘Post-Conflict Sri Lanka: Challenges and Regional Stability’, held from 3rd to 5th September at the Galadari Hotel, Colombo, Secretary Defence Mr. Gotabaya Rajapaksa delivered a spectacular and visonary speech to the more than 300 participants including 66 foreign delegates from 29 countries.
The 1st Defence Seminar focused on Lessons Learnt by the Sri Lankan Defence establishment in defeating LTTE terrorism.
The 2nd Defence Seminar focused on Post-war efforts to create lasting peace and stability examining steps under 5 areas of Reconstruction, Resettlement, Rehabilitation, Reintegration and Reconciliation.  
Secretary Defence on Sri Lanka’s immediate post-war challenge successes  
1.         Accommodating and ensuring the welfare of nearly 300,000 Internally Displaced Persons
2.         Demining and Reconstruction of Infrastructure/facilities – nearly 5000sq.km of land demined. 
3.         Resettling the IDPs in their places of origin (All IDPs in welfare camps were resettled from October 2009 – August 2012) inclusive of other displaced persons. This achievement took 3 years and 3 months after elimination of LTTE.
4.         Rehabilitating nearly 12,000 ex-LTTE cadres and
5.         Reintegrating them to society.
Independent Surveys 1:
UNHCR survey confirmed Sri Lanka’s resettlement success (Nov 2012-Mar 2013) assessing Sri Lanka against global standard of Inter Agency Standing Committee Framework for Durable Solutions for Internally Displaced Persons – Sri Lanka is mentioned under–
a) access to personal and other documentation without discrimination
b) family reunification
c) access to effective remedies and justice
d) safety and security
e) access to livelihoods
f) participation in public affairs
Note: Only 29% of respondents had negative views on military presence.
Independent Surveys 2:
United Nations Office for the Coordination of Humanitarian Affairs (OCHA) Field Mission survey (May-June 2013)
§  ‘remarkable improvement in infrastructure development in many sectors including transportation, communication, roads, railways and health facilities’
§  Survey observed that there was no visible presence of armed military personnel in uniforms that military support was primarily for ‘immediate and development needs of the population’ (building houses, shelter, water, sanitation, scholarships for schools and children, vocational training, organizing tours for people of North to visit other parts of Sri Lanka) – efforts to help civilians return to normal life.
Independent Surveys 3: Foreign Researchers/Dr. Kruglanski & Dr. Gelfland of the University of Maryland
§  LTTE cadres showed reduction in support for violence after rehabilitation program
Other successfully completed post-war challenges:
§  Setting up Livelihood Assistance programs
§  Material Assistance programs – donation of fishing gear, utilities for farming, provision of livestock and seeds for agriculture
Secretary Defence on shifting military from combat with terrorists to cooperation with civilians/society:
§  Gradual reduction of military camps/troops but military will remain for strategic security reasons.
§  Engineering battalions engaged in reconstruction and national development programs
§  Redrawing internal security policies and procedures and expanding intelligence units
§  Handing over to police the maintenance of law and order – establishment of more police stations and recruitment of Tamil speaking police personnel
§  Helping restore civil administration mechanism
§  Disarming former armed groups
§  Civilian properties in the process of being handed over once legal proof of ownership is established.
§  Removing restrictions previously placed for security reasons (movement in high security zones, limitation to fishing, restrictions in trade of classified items) Palaly cantonment is open to all with free access to airport and Kankasanthurai harbour.
§  Releasing detainees for involvement in LTTE activities while a handful remains in detention for prosecution. Database of all detainees available with police. Lawyers, family, Human Rights Commission and ICRC given access to them
§  Repealing of Emergency Regulations in August 2011
Secretary Defence responds to allegations against Military : Number of Civilian Casualties
Number of civilian casualties (during final stage of war) ranged from 7000 to more than 40,000. The allegations were all guestimates without sources and ignored independent and credible sources (Dept of Census & Statistics/UNICEF/LLRC).

If LTTE had 30,000 approximate cadres at the start of the Humanitarian Operation and nearly 12,000 surrendered to the Armed Forces either the remaining had been killed, they are posing as civilians or have fled the country.

It must be also noted that Sri Lanka lost nearly 6000 of its personnel in combat while 20,000 or so were injured. Such a number of casualties in the army could not have happened if the enemy was not engaged in intense battle with the Sri Lankan military during the final stages of the war.

Department of Census and Statistics ‘Enumeration of Vital Events’ in Northern Province (June-Aug 2011) field data collected in July 2011 by 2500 Tamil and Muslim Government servants from North. Report revealed:
a.  7896 deaths due to unnatural causes (Jan-May 2009) included LTTE cadres killed in action,
b.  2635 persons reported as untraceable (parents/next of kin had not recovered their bodies or knew their whereabouts)
c.   Of 2360 cases investigations reveal that 1625 persons had been forcibly recruited by the LTTE.
d.  Only 26 instances of people reported by the next of kin who had surrendered to the Security Forces and subsequently disappeared.
Secretary Defence on reasons for civilian deaths/missing  
§  civilians killed by LTTE trying to escape to Govt controlled areas,
§  civilians detained and killed by LTTE for other reasons
§  civilian deaths from being forcefully used in combat by LTTE
§  civilians deaths from crossfire
§  civilians reported dead but likely to have escaped or illegally migrated overseas. An unknown number of persons have left Sri Lanka and are now living overseas. The countries hosting them have not revealed their details to the Government of Sri Lanka.
§  deaths not occurring during Humanitarian Operation but reported to claim compensation
§  false reporting
UNICEF with Probation and Child Care Commission of North and Government Agent of Vavuniya – Family Reunification Project (confirms and corroborates with Sri Lanka’s findings)
§  2564 tracing applications received by July 2011
§  1888 applications related to missing adults
§  676 applications related to missing children
§  64% parents of missing children claimed LTTE had recruited their children.

Those making allegations against the Sri Lankan military may like to explain how any military should confront a non-state actor using asymmetric warfare strategies with no compunctions to safeguard civilian lives and oft times using civilians as human shields in order to attract external intervention and to once again gain themselves breathing space?

Those throwing stones at the Sri Lankan military may also like to explain why LTTE would deliberately and repeatedly launch artillery and mortar attacks at the military from No Fire Zones/ civilian installations like hospitals and churches which were created for the civilians and not for LTTE to place their weapons and ammunition or take refuge amongst the Tamil civilians?

Secretary Defence on Lessons Learnt and Reconciliation Commission Report  
§  LLRC concluded that there was No DELIBERATE targeting of civilians by Sri Lankan Military
§  LTTE responsible for violations of international humanitarian law
Secretary Defence on International Commentaries on Post-Conflict
§  Negative feedback on Reconciliation – lacked holistic perspective did not consider ground realities as reconciliation is a process and takes time to accomplish and cannot give overnight results.
§  Negative feedback ignored type of rule under LTTE – people of the North and parts of East had no democratic freedoms – no room for dissent, no alternate views, everyone disagreeing with LTTE were silenced. People living amongst LTTE were taught to hate the Sinhalese and the State. Removing 30 years of indoctrination inspite of resettlement, reconstruction and even rehabilitation is not easy.
Secretary Defence on Democratic Process in Sri Lanka (contrary to the statement by Navi Pillai claiming Sri Lanka was heading towards an Authoritarian rule)
§  Provincial Council elections held in Eastern Province in 2008 before the Humanitarian Operation ended
§  Local Authority elections for Jaffna Municipal Council / Vavuniya Urban Council in August 2009
§  Presidential Election held in 2010
§  General Elections held in 2010
§  Local authority elections held island-wide in 2011
§  Provincial Council elections to be held in September 2013 – the 1st after 1989 elections of merged North-East province through 13th amendment. North-East demerged in 2006.
Secretary Defence on LTTE-fronts continuing to pose threat to Sri Lanka
§  LTTE’s extensive international network remains intact and their propaganda needs to be effectively countered.
§  Extremist elements within Tamil expat community part of this network
§  Their intent is to divide Sri Lanka
§  Strategies used include winning international opinion for separatist cause, increasing international pressure on Sri Lanka, undermining Government efforts for reconciliation and economic development, attempting to resume conflict by reorganizing local militant activities
§  These LTTE-linked groups influence foreign NGOs, foreign parliamentarians and even fund local groups masquerading as democratic
§  The LTTE international network comprises
a.    Tamil Coordinating Committee based in Norway led by Nediyawan
b.    Transnational Government of Tamil Eelam in US led by Rudrakumaran
c.    LTTE headquarter group in France led by Vinayagam
d.    Global Tamil Forum led by Father Emmanuel who coordinates all above groups.
§  Foreign Service and Foreign Ministry despite lack of resources need to counter by communicating the true picture globally.
Secretary Defence on Threats from Extremist Groups (including those involved in previous insurgencies)
§  Groups attempting to mobilize people to take up extreme left wing causes
§  Groups radicalizing students / the public and encouraging them to take to the streets in protest
§  Increase in communalism amongst ethnic groups – increased insularity of ethnic groups may lead to fragmentation of the Sri Lankan identity into ethno-religious lines
§  Some in the Tamil community who identify more with Tamil Nadu than with fellow Sri Lankans.
§  Some foreign groups encouraging Sri Lankan Muslims to identify themselves with global Muslim community distancing them from integrating with other communities
§  Muslim fundamentalism spreading all over the world and in Asia and concerns Sri Lanka’s Law Enforcement agencies and Security Forces.
§  Extremist groups have been in transit in Sri Lanka and may promote Muslim extremism in Sri Lanka
§  Consequence of increasing narrow-mindedness of minority ethnic groups is emergence of hardline groups within majority community which will lead to further tensions and a vicious cycle affecting overall unity.
Secretary Defence on Organized Crime
§  Rise of terrorism and insurrection required state to procure arms and ammunition some of which have fallen into criminal hands.
§  Rise of underworld engaged in organized crime – drugs, armed robberies, kidnappings for ransom, financial frauds, seizing land illegally are a handful of activities that need to be tackled.
Secretary Defence on Media Freedom
§   Legitimate media channels, newspapers, websites freely operate in Sri Lanka
§   Some illegal sources also engage in false propaganda to damage the country’s image internationally.
§   Negative image campaigning will impact on tourism, foreign investment and even trade
§   Media organizations (every citizen and political group) must exercise their democratic freedoms with responsibility – they should not engage in unlawful activity under the guise of exercising their freedoms.
Secretary Defence on India and Sri Lanka’s strategic geographical location in South Asia
§   Continued inter-linking domestic issues between Sri Lanka and India (India’s sensitivity to events in Sri Lanka due to influence of Tamil Nadu state on Tamil issues especially at times of elections)
§   Bilateral issues – increasing incidents of illegal fishing by Tamil Nadu fishermen on Sri Lankan waters
§   India is the most important and powerful country in South Asia, but Sri Lanka is a completely independent sovereign nation which India is aware of
§   Critical that both India and Sri Lanka retain a meaningful and close relationship despite issues arising between them
Secretary Defence on Sri Lanka’s relationship with China
§  China’s involvement in Sri Lanka is purely diplomatic and economic
§  China has been one of Sri Lanka’s foremost development partners contributing richly to key economic development projects.
§  Sri Lanka’s relationship with China should not be regarded as a threat by any other nation.
Secretary Defence on Regional Issues Sri Lanka faces due to Sri Lanka’s geo-strategic position
§  Asian region becoming increasingly important in global affairs
§  India and China increasing economic and military development bring Asian region into global focus
§  Western Governments may attempt to influence Sri Lanka to align to their interests in the Asian region
§  Power politics between nations will affect Sri Lanka’s relations with these nations.
Secretary Defence on Maritime Security
§   Sri Lanka does not have land borders
§   Sri Lanka does need to protect its maritime security and prevent transnational crimes – drugs, smuggling, arms smuggling and human trafficking, maritime assets within Exclusive Economic Zone, safeguarding Sea Lines of Communication against piracy.
Secretary Defence on National Economy
§   War suppressed economic potential and held back Sri Lanka’s growth
§   History reveals that majority of problems were fundamentally economic (insurrections of 1970s, 1980s even LTTE manipulated economic aspect along ethnic /racial lines)
§   Post-war needs to address unequal development / rural underdevelopment and uplift standard of living in rural areas to standards enjoyed in cities.
§   Establishing highways to connect distant cities – reduce travel time.
§   Rural masses must not feel marginalized or feel economic compulsion to move to cities (education, healthcare, meaningful employment without leaving their places of origin)
§   Need to promote tourism, foreign direct investment, industrial development, value addition in agriculture, service economy
§   Retain talented young people and encourage them to remain in Sri Lanka.
§   Keeping with our traditional way of living develop our agriculture, animal husbandry and seek self-sufficiency.
§   Adapt 5-hub strategy to develop Sri Lanka as a Knowledge Hub, Commercial Hub, Naval and Maritime Hub, Aviation Hub and Energy Hub.
§   Hambantota Port and Mattala Airport is a long term plan to derive economic potential to maximize on volume of ships that pass through the sea lines making the Hambantota region as an industrial and transhipment cargo hub.
Secretary Defence on Sri Lanka’s Future
§  Being able to navigate present issues (national security, geo-politics etc) will determine Sri Lanka’s destiny.
§  Looking ahead positively and confidently without focusing on issues inherited from the past
§  People need to develop mentality beyond that of a developing nation shedding Third World Mentality.
§  All Sri Lankans must accept challenge and move forward together into a shared future as one Sri Lankan nation.
Secretary Defence on Safeguarding Democracy
§  Handling subversive elements from using modern communication technology (internet, global news media, mobile phones etc) to attempting to disseminate wrong information and arouse people negatively.
Secretary Defence on future challenges:
1.    Preventing the re-emergence of terrorism
2.    Establishing effective methods to project Sri Lanka to the international community
3.    Suppressing the emergence of other extremist groups
4.    Preventing further ethnic divisions and communal violence
5.    Challenges of maritime security and border control
6.    Curtailing the growth of organised crime, and
7.    New challenges in safeguarding a just and wholesome democracy.
Secretary Defence on way forward:
§  Secretary Defence on a Government obligations:
o   Ensure national reconciliation is achieved
o   Move Sri Lanka into the future together as one nation without fragmentation into groups based on ethnicity, religion, caste or place of origin.
o   Ensure all Sri Lankans have same opportunities and unobstructed access to state services
o   Ensure Sri Lanka is a peaceful, stable and rapidly development democracy.
o   Holding elections after restoring normalcy to North and East provinces
o   Issues delayed due to terrorism must be attended to
o   Economic issues as a result of global economic conditions need to be solved gradually instead of using them as political slogans.
§  Secretary Defence on People’s obligations:
o   People must move forward as a nation – united by what we have in common.
o   People must not stay locked in a post-conflict mentality
o   People must remove from ‘Third-World Mentality’
o   People must understand freedoms guaranteed through democracy must be exercised with responsibility. Ex: right to public assembly – freedom to demonstrate on issues that they feel are important does not give freedom to engage in violent protest, incite violence or act in other undemocratic ways. Then they would have exploited and abused their democratic freedoms. When this happens other people with vested interests use this to turn the situation to their advantage and project a negative image of the country internationally as well as amongst the locals themselves.
§  Secretary Defence  on Politicians/political Party’s obligations:
o   
Political parties must promote the interests of the nation without focusing on one group
o   Political parties must bring all ethnicities and cultures together into one Sri Lankan identity so that the nation can progress.
o   Main political parties must stop politicizing divisive issues for petty political gain
A fine picture of Sri Lanka’s future was articulated in the key note address by the Secretary Defence covering the immediate post-war challenges, the achievements of the armed forces in their new role of capacity building in cooperation with civilians and society. It has heralded a distinctly unique partnership one that combines the value-added logistical capabilities and discipline of the armed forces with the new challenges that face a Sri Lanka journeying towards a future without terrorism and ushering a new chapter in uniting nations of the Asian continent for regional stability, economic growth and overall a shared future.

Shenali D Waduge

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General

Tamil ethnic bias and potential conflict of interest disqualifies Navi Pillay from conducting investigations against Sri Lanka

Ms. Navanethem “Navi” Pillay has impressive credentials.  A South African of Indian Tamil origin, she is the United Nations High Commissioner for Human Rights. She was also the first non-white woman on the High Court of South Africa, and she has also served as a judge of the International Criminal Court and President of the International Criminal Tribunal for Rwanda.
She attended Harvard Law School, obtaining an LL.M. in 1982 and a Doctor of Juridical Science (SJD) degree in 1988. Pillay is the first South African to obtain a doctorate in law from Harvard Law School.
Given her notable achievements in the law as a scholar, lawyer and later as a Judge in several jurisdictions she is undoubtedly aware of such important natural justice principles as the –
1)    Conflict of Interests
A conflict of interest exists even if no unethical improper act results. A conflict of interest can create an appearance of impropriety that can undermine confidence in the process of an investigation or inquiry. A conflict of interest could impair an individual’s ability to perform his or her duties and responsibilities objectively. Aconflict of interest (COI) also occurs when an individual is involved in multiple interests, one of which could possibly corrupt the motivation for an act in another.
2)    Nemo iudex in causa sua (or nemo iudex in sua causa) is a Latin phrase that means, literally, no-one should be a judge in their own cause. It is a principle of natural justice that no person can judge a case in which they have an interest. The rule is very strictly applied to any appearance of a possible bias, even if there is actually none.
3)    “Not only must Justice be done; it must also be seen to be done.”
R v Sussex Justices, Ex parte McCarthy is a leading English case on the impartiality and recusal of judges. It is famous for its precedence in establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision.
In a landmark and far-reaching judgment, Lord Hewart CJ said:
“ a long line of cases shows that it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice. The ruling is derived from the principle of natural justice.  It has been followed throughout the world in countries that use the English common law system.  It has been applied in many diverse situations, including immigration cases, professional disciplinary inquiries, and in the Pinochet case, where the House of Lords overturned its own decision on the grounds of Lord Hoffman’s ( one of the Judges) conflict of interest.
Pinochet case in the House of Lords
Lord Hoffman was the Chairman and a Director of Amnesty International Charity Limited, a company with close links to the human rights organisation Amnesty International.
Amnesty International had been given permission to take part in the hearing before Lord Hoffmann and four other law lords. Unusually, Amnesty’s barristers were allowed to address them at the hearing.

Though Amnesty’s position was that people responsible for human rights violations in Chile should be brought to justice, there was no suggestion that Lord Hoffmann was actually biased against Gen Pinochet. But he had “an interest in the outcome of the proceedings” (according to Lord Goff) and he was “in effect, acting as a judge in his own cause” (according to Lord Hope).

Lord Hutton said “public confidence in the integrity of the administration of justice would be shaken if his decision were allowed to stand.” The law lords agreed that Lord Hoffmann had sat while disqualified and ordered a fresh hearing.

The Hoffmann affair caused great damage to the international reputation of the English judiciary. Lord Hoffmann never explained and never apologised. Yet irreparable damage was done to England’s standing as a country where a fair trial was possible.
4)    Judicial disqualification
Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding or conducting an investigation or inquiry due to a conflict of interest of the presiding court official or administrative officer. The judge or presiding officer must be free from disabling conflicts of interest thus making the fairness of the proceedings or investigation less likely to be questioned.
Racial Prejudice of Juries and convicting Judges
During the 19th and 20th centuries, especially in the civil rights movement era, all-white juries in USA acquitted white defendants accused of murdering blacks, and convicted blacks in a manner totally out of proportion to their numbers in the general community. Such cases were rarely prosecuted at all, and when they were due to outside political pressure, only the minimum effort to go through the motions of a trial was made. 
Navi Pillay’s bias
The UN Human Rights Head on arrival in Sri Lanka claims she comes with an open mind. In this context we cannot overlook the fact that the whole issue facing Sri Lanka whether at a terrorist level or political leads to the aspiration of 72 million Tamils to have a separate Tamil Homeland to call their own (irrespective of whether it is in Sri Lanka’s North or Tamil Nadu).
This then raises the question of how Ms Pillay having emotional, genetic and ethnic ties being a Tamil with roots in Tamil Nadu how she can function with neutrality, impartiality, unbias and be emotionally detached?
When facts speak for themselves and evidence reveals that Ms. Pillay has an axe to grind it stands to reason that before we object to Ms. Pillay’s role in Sri Lanka it is only ethical for her to remove herself from any role relating in Sri Lanka. As the neutrality of judges is a sine quo non in the judicial process so whenever a judge realizes he or she cannot look at a case dispassionately the correct thing to do is to withdraw and arrange for a totally neutral person to take over. This is what Ms. Pillay is morally and ethically obliged to do in respect to her dealings with and in relation to Sri Lanka.
Ethics Guidelines in the UN
The UN itself has its own ethics guidelines and advice and figures a list of conflicts of interest found at the organizational level and personal level.  
An ‘organizational conflict of interest arises where, because of other activities or relationships, an organization is unable to render impartial services’. In other words the objective of the organization gets affected.
A personal conflict of interest is a ‘situation where a person’s private interests – such as outside professional relationships or personal financial assets – interfere or may be perceived to interfere with his/her performance of official duties’.
The UN ethics office advocates that staff should always ‘strive to avoid situations’ – we like to raise this same question to Ms. Pillay. The UN ethics office also says that ‘we need to be aware of how our actions, in the absence of an explanation, may appear to be interpreted by others’ – Ms. Pillay will realize what are concerns are because ‘situations do not necessarily imply wrongdoing’ and we are certainly not questioning Ms. Pillay’s credentials but our concern rests on the primary argument that being personally, emotionally, genetically and ethnically Tamil, that potential conflict of interest stake is very high for an entire country and population to accept given that previous statements and behaviour by Ms. Pillay raises questions about her ability to be neutral.
The UN’s financial disclosure program also stresses on conflict of interest in financial affairs. As such the UN outlines conflicts that may arise from accepting an honor, decoration, favour, gift or remuneration in connection with official duties (either from Governments or Non-Governmental sources without prior approval). There are criterions for official hospitality, favouritism – using office or knowledge gained from work to favour family members or friends. If the UN is to maintain and promote the spirit of openness and transparency, and if the objective is to be efficient and credible to safeguard the interests of the Organization it certainly does raise some credibility issues about Ms. Pillay.
Lack of appearance of Objectivity and Neutrality in Ms. Navy Pillay
So while we question Ms. Pillay on her neutrality based on her genetic, ethnic, emotional and personal connections to the Tamil cause, she may also like to answer why she kept using data supplied by the LTTE news agencies to question a legitimate government and continued to quote from LTTE front organization sources.
This makes her appear as a subversive and seditious international civil servant standing in between a sovereign Government and the UN Human Rights bodyand also raises concerns about how far she can expose all the information sharing to these LTTE fronts that are out to create an Eelam (in either Sri Lanka or Tamil Nadu). While she listens with empathy to spouses of dead LTTE leaders she needs to also travel South and meet the dead of the civilians killed by the LTTE outside combat areas. If she has not made arrangements to meet the families mourning children killed in villages, student monks killed in Arantalawa and over 10,000 other such civilians then she will be seen as blatantly one – sided and biased.
It was on the grounds of biased reporting that Iran has recently refused entry to Ahmed Shaheed the UN Human Rights Official to enter Iran
“ the measures taken by Ahmed Shaheed and the show of interviews launched by him, (displays) he is more of an actor than a rapporteur” and further
‘he has not acted fairly and has played the role of the opposition, and his measures have been outside the purview of a UN Rapporteur…the ground is not prepared for his presence in Iran until this approach is modified’.
Sri Lanka needs to stand up and talk in a spirited manner in the international arena. Display qualities of moral courage and outspokenness. A policy of appeasement, retreat, defeatism, kowtowing and cringing in foreign relations in the last two years has led to loss of national pride, self – respect and dignity, and in turn demoralized a once proud Sri Lankan public.   

Recusal (act of abstaining from participation)

Officials with a conflict of interest are expected to recuse themselves from (i.e., abstain from) decisions where such a conflict exists. The necessity for recusal varies depending upon the circumstance and profession, either as common sense ethics, codified ethics, or by statute. For example, if the governing board of a government agency is considering hiring a consulting firm for some task, and one firm being considered has, as a partner, a close relative of one of the board’s members, then that board member should not vote on which firm is to be selected. In fact, to minimize any conflict, the board member should not participate in any way in the decision, including discussions.
Judges, investigators or anyone else acting in a quasi – judicial capacity are also expected to recuse themselves from cases when personal conflicts of interest may arise. For example, if a judge has participated in a case previously in some other legal role he/she is not allowed to try that case.
Voluntary withdrawal from an investigation is also expected when one of the investigators in a case might be a close personal friend, or when the outcome of the case might affect the investigator directly, such as whether a car maker is obliged to recall a model that an investigator drives or if the investigator has a sectarian or emotional link to the substance of the matter under inquiry. Recuse is required by law under Continental civil law systems and by the Rome Statute, organic law of the International Criminal Court.
However, if a judge or an investigating official knows when to withdraw considering that the scales are not balanced equally, it is surely for Ms. Pillay to make the call instead of making us raise these questions.
It is up to Ms. Pillay to now decide how best she can remain unbiased. As an ethnic Tamil sharing genetics and emotional attachments to the Tamil cause through family and roots as well as various other bindings that must prevail, surely Ms. Pillay must know she is unsuited to function in any role where Sri Lanka is concerned or for that matter with India given the strident nature of Tamil Nadu calls for separatism and establishment of a greater sovereign Tamil nation with major parts of Sri Lanka annexed to it.  

Shenali D Waduge

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General

Dawood aide probed for LTTE hyperlinks

Mirza Mohiddin Baig was arrested in Colombo last year
Mumbai’s Anti Terrorism Squad is questioning a essential member of Dawood Ibrahim gang for alleged links with the banned outfit Liberation Tigers of Tamil Eelam (LTTE) to provide arms for terror activities in India.

ATS has sought a fresh remand for D-Business best lieutenant Mirza Mohiddin Baig, at present beneath Crime Branch’s custody, to query him in connection with terror links in the country.

Additional Director General of Police, Rakesh Maria, has confirmed to MiD DAY that Baig is becoming interrogated for terror links in India. He refused to give further details.

Baig, who was on the Interpol’s wanted list, had been arrested in Colombo on May possibly eight, 2009, following a long stint in Sri Lanka, and deported to India. The police had recovered 3 pistols and 18 live rounds from him.

Because then, the gangster had been in judicial custody until final week when the Crime Branch took more than, soon after his name cropped up once more after intelligence reports indicate that D-Business is procuring arms and ammunition from the remaining members of LTTE for operations in the nation.

Investigations by ATS and the Crime Branch give evidence that D-gang members have allied with the Pakistani Lashkar-e-Taiba for spreading terror in the country. Reports indicate that beneath the ‘Karachi Project’, terrorist organisations have been utilizing Dawood’s network in India for logistic support.

A few hundred of the LTTE core cadre have gone underground with massive quantities of arms and deadly explosive RDX following the Sri Lankan army stormed their bastion killing their leader V Prabhakaran last year.

Baig was arrested quickly soon after the operations.

Sources informed that Pakistani Inter-Service Intelligence operatives have covertly educated and armed members of LTTE to carry out attacks in India. Even far more so right after the Indian Peace Keeping Force was deployed in the Island because late 1980s.

Reports indicate that LTTE have also been selling sophisticated arms and explosives to the Maoist factions across the nation.

Baig’s questioning assumes significance in light of reports that LTTE is arranging to target the country’s Prime Minister and House Minister.

Police sources said that Baig could also be questioned for the alleged involvement of D-Firm, directly or indirectly, in the Varanasi bomb blast earlier this month.

Backgrounder

Baig climbed up the mafia ranks following he was operating illegal ISD facilities. Dawood’s second-in-command, Chhota Shakeel, soon created him the nodal person in Mumbai.
The gangster from Kortula in Karim Nagar district in Andhra Pradesh was assigned the task to deliver arms to D-Firm shooters in Mumbai, before he was arrested by the Crime Branch’s Criminal Intelligence Unit.

An AK-47 rifle and four imported revolvers were recovered from Baig for the duration of the raid on his hideout in 2000.

The gangster had then confessed of possessing links with gun suppliers in Bangkok, Nepal, Pakistan and Sri Lanka, a former Crime Branch officer mentioned. Baig soon jumped bail and escaped to Dubai and later surfaced in Colombo.

Rashid Malbari, an additional ace shooter in Dawood’s gang, was carrying out underworld operations from Sri Lanka.
&gt&gt Complete Story

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Onion Pickle

By Jayantha Kovilagodage
Sri Lanka onion prices to rise after Indian export ban
Dec 21, 2010 (LBO) – Prices of onions and leeks in Sri Lanka could rise after India’s decision to suspend exports of onions, a trade official said.

Pettah Wholesale Traders’ Association vice chairman Nihal Seneviratne said 90 percent of Sri Lanka’s onion requirement is imported from India and imports from other origins would be more costly.
India on Monday suspended exports of onions, a key food staple, after prices of the vegetable soared, adding to the government’s inflation woes.

Sri Lanka might be forced to import from sources like Pakistan, China, Egypt and the Netherlands, Seneviratne told Vimasuma.com, our sister news website. “Pakistani onions are not as good as Indian onions and they spoil quickly,” he said.

“To ship onions from China takes about a month and requires use of a refrigerated container. Therefore, onion imports from these countries will invariably be more expensive than from India.”

Even if the government reduces a 10-rupee a kilo import tax on onions retail prices cannot be reduced under present conditions, Seneviratne said.

Stocks of onions in the Pettah wholesale market were running low and Indian exporters had even taken back cargoes of onion already loaded on ships, he said.

Prices of onions grown in Sri Lanka’s northern Jaffna peninsula as well as leeks are likely to rise.

Sri Lanka imports 4,000-5,000 tonnes of onions a week from India which supplies about 60 percent of the world requirements of onions.>> Full Story

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Battle against LTTE components abroad will continue – President

‘We have already commenced the battle against them in the international sphere and are committed to continue it’. President Rajapaksa said so at the ceremonial passing out parade of Cadet officers at the Sri Lanka Military Academy (SLMA) in Diyatalawa
today (21 Dec).

We are now at a significant phase in the humanitarian operation. Our endeavour is to win hearts and minds after freeing the people and lands from terrorism. The humanitarian operation includes de-mining, resettlement and providing basic requirements among other tasks. All development programmes carried out in the North and East are part of the humanitarian operation, the President stated.

He stressed that this humanitarian operation will not stop until the painful memories of terrorism and all thoughts of separatism are
removed from people’s hearts.

‘You pass out today to contribute to this noble humanitarian operation’, the President told the Cadet officers.

A person does not excel through talent and knowledge alone. Instead, the most important element is the love for one’s country, he pointed out.
‘The government not only lined up the security forces for the humanitarian operation but also organized the people against terrorism.

The government received tremendous support from the people in eliminating terrorism’, he said.
‘The highest tribute to these people is to ensure that terrorism does not raise its ugly head’, he emphasized.>> Full Story

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Cargo Trends

Sri Lanka port handles record four million containers
Dec 21, 2010 (LBO) – Colombo port volumes hit a new record of 4 million containers Tuesday supported by powerful development in both transshipment and import-export cargo, the Sri Lanka Ports Authority (SLPA) stated in a statement.

The quantity of twenty-foot equivalent units (TEUs) of containers handled by the port is up 20 % so far this year from a year ago.
It is also up 11 percent compared with the total of 3.68 million TEUs accomplished in 2008, the highest-ever functionality by the port ahead of recession hit worldwide trade.

SLPA managing director Nihal Keppetipola mentioned efficiency improvements and removal of safety restrictions with the end of a war had helped boost cargo volumes and reinforce Colombo’s status as south Asia’s hub port.

The number of import-export containers handed by Colombo is up 25 percent this year compared with final year even though transshipment cargo has improved by 18 percent, the SLPA said.

The state-run Jaya Container Terminal (JCT) handling its highest-ever monthly volume of 201,217 TEUs in August this year.

Keppetipola said a new computerised terminal operating program at the JCT costing 800 million rupees helped integrate all terminal operation and strategy and optimize speedy movement of containers amongst the gate and the quay.

This decreased dwell instances for containers and turnaround occasions for vessels, Keppetipola said.

A satellite-based communication system was also added to monitor container stacking

&#8220Last year we reopened the northern entrance, which had been closed for ten years due to safety motives, to facilitate smoother maritime transportation and to enhance productivity in the port,: he stated.

“This move put an finish to the navigation restrictions that have brought on congestion at the port causing delays in cargo handling and turn-about instances of vessels.”

Sri Lanka’s 30-year ethnic war ended in May possibly 2009, resulting in the withdrawal of war danger insurance surcharges and accelerating financial development.
The JCT has handled 2.1 million TEUs this year with the remaining 1.9 million TEUs handled by the privately-owned South Asia Gateway Terminals in which Sri Lankan conglomerate John Keells Holdings has a 42 % stake.

Keppetipola said the combined work of the state-run and privately-owned terminals was essential to Sri Lanka’s drive to turn out to be a major centre of shipping, trade and logistics in the region.

He said it was “an excellent test case of public-private partnership arrangements in the port management region.”
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UN SG Panel – LLRC will adhere to Warrant

In the event of the government facilitating UN Secretary General’s Panel to visit Sri Lanka, the Lessons Learnt and Reconciliation Commission (LLRC) will hear such representations on the basis of its Warrant and the usual procedures followed for such hearings, the LLRC said in a statement.

Following is the statement:

UN SG’s Panel

There have been some inquiries from the national media regarding a visit to Sri Lanka by the UN Secretary General’s Panel. Any decision to facilitate the UN SG’s Panel to visit Sri Lanka lies entirely with the Government of Sri Lanka. If a decision is made to permit such a visit the Lessons Learnt and Reconciliation Commission (LLRC) will hear such representations on the basis of its Warrant and the usual procedures followed for such hearings
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A Steep Upsurge in Enterprise for Commercial Banks

Commercial Banks in Sri Lanka have registered an upsurge in business in the recent months. In the month of October alone these banks have provided new loans amounting to Rs. 50 Billion, which registers a 20% increase over the same period last year.
Loans from foreign exchange banking units have increased by Rs. 5.2 billion to Rs. 156.3 billion.

However, loans to the government from the banking system, including the central bank, have fallen steeply by Rs. 36.6 billion to Rs. 565.5 billion as the government repaid credit following a billion dollar sovereign debt sale.

Credit from the Central Bank to government has also fallen by Rs. 15 billion to Rs. 85 billion.

Last year, loans to private business contracted as the government ran a deficit of around 10% of gross domestic product and banks bought risk free Treasury bills instead of lending to risky private business. Financial sources said that following a balance of payments crisis in 2008 and 2009, banks curtailed credit and were facing rising bad loans. Central bank data indicates that bad loans were now falling appreciably.

With many incentives and concessions given to the private sector in the new budget potential for banks to increase businesses, especially their lending portfolios have increased and business analysts comment that banks have every possibility of getting further strengthened in the future months.(niz).

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Practically US$ 79 million earned from Duty Totally free Shops at KIA

By Lal Gunesekera

The Bonds Division of the Customs Department had a income collection of Rs. 7.three billion in 2009. A sum of US$ 56,978,451 was earned from the duty totally free shops at the arrivals lounge of the Katunayake International Airport (KIA) and US$ 22,570,509 from the departure lounge with total income earned becoming US$ 78,548,960. The Bonds Investigation Unit (BIU) recovered a total of Rs. 54,534,000 last year.

The Investor Facilitation Centre (INFAC) earned revenue of Rs. 10,664,211,070 from Board of Investment (BOI) enterprises with duty recovered from cancellation of agreements getting Rs. 12,766,307.

The Customs at the KIA had a income collection of Rs. 452,853,349 last year, even though Rs. 84,316,750 was collected mainly from currency circumstances (Rs. 30,315,241) and gold jewellery instances which was Rs. 28,795,405.

Also in the course of the year (2009), the Customs Narcotics Manage Unit (NCU) produced two noteworthy detections resulting in the seizure of 2kg 798 grams of heroin concealed in potatoes and continued to maintain its surveillance on all flights arriving from source nations and suspected airports. The NCU performed joint operations with the Police Narcotics Bureau at KIA, Air Cargo, LCL Warehouses and Container yards.

Given that 1984, the NCU has seized 385.723 kg of heroin with the biggest seizure of 62.607 kg becoming in 1990. Among the other narcotics that have been seized considering that 1984 was hashish (88.904 kg), opium (95.98 kg), cannabis 2.45 kg), cocaine (9.018 kg) and hashish oil (.0028) in 1994.

The Excise (Specific Provisions) division collected Rs. 47,996.88 million throughout final year (2009) mainly from cigarettes (Rs. 37,670.16 million) and petroleum (Rs. 7,854.18) and also recovering Rs. 600,000 from 20 Court circumstances.
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MR orders complete inquiry

While denying reports that the Sri Lankan Navy had fired on Indian fishermen, President Mahinda Rajapaksa said that he instructed the Navy to carry out a detailed investigation into the incident, the Hindu reported today.

Talking over breakfast to foreign correspondents at his Temple Trees residence in Colombo this morning, he said that the Sri Lankan Navy was not involved in the incident.

Asked if Prime Minister Manmohan Singh had spoken to him about the incident, he said that the Prime Minister had not. Asked if the Sri Lankan government would take action in the event of the firing being committed by its security forces, he said that despite the preliminary investigation – which established that the Navy was not involved — he had asked the Navy Commander to conduct a detailed investigation.

The Sri Lankan Navy’s chief of operations, said that the incident occurred well within the Indian waters. “The sea is very shallow in these areas and the position of all our ships’ locations are monitored by land-based and other equipment. This is in the open and anyone can check,” he told The Hindu, denying that the Sri Lankan Navy had anything to do with the incident.
>> Full Story