Words & Fotos ON / Lee Yu Kyung

Press Release/Contribution

SRI LANKA: COURT ORDERS CLOSURE OF LANK-A-ENEWS WEBSITE

Less than a month ago, Benett Rupasinghe the editor of Lanka-E-News website in Sri Lanka has been arrested by the Sri Lankan Police while the Chief editor had already fled the country fearing persecution. According to the statement by Journalist for Democracy in Sri Lanka (or JDS) issued on March 31th :
“The office of the Lanka-E-News in the very outskirts of capital Colombo, was burnt down last month by an ‘unknown group’ of people”.
And today (April 28) the court in Sri Lanka has ordered the closure of the website, which has been critical thus long been harassed. “Unprecedented” the JDS protests in a new statement.
Is this a Sri Lankan styled- ‘Judiciary Coup’, which is something familiar words in Thailand, which is in Sri Lankan context ‘against journalists’ – not the elected rulers-?
Full script of the statement is following.
- Penseur21 -
==============================

URGENT ALERT
2011 April 28 | 14:35 GMT

Journalist For Democracy in Sri Lanka (JDS) protests against the unprecedented move where a court in Sri Lanka has ordered the closure of a website critical of the government.
Pugoda Magistrate and Additional District Judge Aravinda Perera  ordered  the Telecommunication Regulatory Commission (TLC) on Thursday to take measures to ban Lanka-E-News website in Sri Lanka. While JDS is of the firm view that there is no legal provisions for the judiciary to obstruct media sites, we strongly believe that in gagging a media outlet for an erroneous news item, the courts has overstepped its mandate. JDS also wishes to state that Lanka-E-News has already published an apology for the news item found to be in contempt of court. Despite publishing an apology, on the 25th of April, the police arrested journalist Shantha Wijessoriya attached to the website charged with contempt of court by publishing the report.
The Magistrate also ordered the arrested journalist to be held in protective custody until 12th May, when he was produced before courts today (28).Journalist For Democracy in Sri Lanka calls upon all democratic forces to oppose and to urge the courts to immediately revoke this order that poses a serious threat to freedom of expression in Sri Lanka.
Executive Committee
Journalist for Democracy in Sri Lanka
 

Is the report of the UNSG’s panel of experts a conspiracy and obstacle to reconciliation?

The following is the statement issued by a ‘Group of concerned Christians’, among whom are mostly Catholic priests on their signatures, responding to the ‘leaked’ report of the panel of experts of the UN Secretary General regarding to the war in Sri Lanka. The statement goes on to say :

“Our reflections have been hampered by the fact that the Sri Lankan government and the UNSG is not allowing us, Sri Lankan citizens to read the full report that deals with a critical and tragic part of our history. We are disappointed that after almost two weeks, and after several promises being made, the UNSG had not extended the same courtesy that he had deemed fit to extend to the Sri Lankan government (one of the parties implicated in the horrific crimes mentioned in the report)…”

“We regret that the Sri Lankan government has even resorted to requesting the UNSG to withhold the report from Sri Lankan people. Thus, our reflections are based on the parts of the report that is claimed to have been “leaked” and published in the media…”

It is highly fishy that even the religious leaders and sorts, who have been little shy to be outspoken about human rights violations in the country, who have cared of war victims and who must have made utmost efforts to access to the report, had not been allowed to the full report. Whereas the UN Secretary General Ban Ki Moon has reportedly said he lacks personal authority to order a probe into the massacre. Mulling over, for instance, the case of Libya where ‘humanitarian intervention’ has been operating under the ‘confusing & controversial’ UN resolution 1973, ‘HYPOCRISY’ is the word.

Meanwhile, the full report by UNSG’s panel of experts is available here

My photo story on Sri Lanka’s war survivals, ‘Witness of the War Without Witness (WWWW)’ is here

- Penseur21 -

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Group of concerned Christians

25th April 2011

In the past weeks, we as Christians have been reflecting on the torture, killing of Jesus by the rulers of that time, with complicity of high priests of the time, due to Jesus’s efforts to stand by the poor and oppressed and bring them good news of liberation. Our reflections had been taking into account the situation in our country today and we had noted the controversy surrounding the report of the panel of experts of the UN Secretary General related to the war in Sri Lanka.

But our reflections have been hampered by the fact that the Sri Lankan government and the UNSG is not allowing us, Sri Lankan citizens to read the full report that deals with a critical and tragic part of our history. We are disappointed that after almost two weeks, and after several promises being made, the UNSG had not extended the same courtesy that he had deemed fit to extend to the Sri Lankan government (one of the parties implicated in the horrific crimes mentioned in the report) to victims whose stories are told, their families and those who risked their lives and shared their stories and information.

We regret that the Sri Lankan government has even resorted to requesting the UNSG to withhold the report from Sri Lankan people. Thus, our reflections are based on the parts of the report that is claimed to have been “leaked” and published in the media.

During the last phase of the war, particularly from Jan. – May 2009, and till today, religious leaders, government servants, humanitarian workers, doctors, farmers, fisherfolk, housewives, teachers, traders, students etc. from the North, particularly the Vanni  have been telling us about shelling, artillery fire, multi barrel rocket launchers etc. that had killed close family members and friends, others they didn’t know, caused people to lose hands, legs and caused other serious injuries.

We had met in hospitals, detention camps and in their homes, those who survived with injuries and many who still have pieces of shells in their bodies. These people had told us about a Catholic priest and LTTE members who had surrendered to the Sri Lankan Army and were never seen again and how they saw some such surrendees shot in cold blood by the Army. We had received desperate calls, emails and messages about how the government repeatedly shelled the no fire zones that it asked civilians to take shelter, how hospitals and food distribution centers were attacked when their locations were known and clearly marked and about people being killed and injured in these places and in bunkers they had dug with bare hands.

We had been told about surgeries done without anesthesia, amputations with ordinary knives, refusal by the government to send in much needed medical supplies and food despite repeated requests. We have been told about how the LTTE took cover behind civilians to fire at the advancing Army. How the LTTE had tried to prevent civilians from fleeing the war zone and how they had shot at people when they defied the LTTE and tried to flee in desperation.

We had met people including children, who had been forcibly conscripted by the LTTE and tried hard to escape and we had met parents who had their young children conscripted and tried hard to hide them. We were also told about the disappointment and frustration when international staff of humanitarian agencies left the Vanni on orders of the government despite desperate pleas and protests from the people of Vanni and how the LTTE refused to give permission for Sri Lankan staff of humanitarian agencies to leave the war zone with their families when their international counter parts left on orders of the government.

We had heard words of appreciation for the courage and dedication of the doctors that served to the end in war zone and made desperate appeals on behalf of suffering people, humanitarian workers and government officials that provided life saving assistance, ICRC staff that evacuated thousands of people who were sick and injured and ferried much needed food supplies, religious leaders that remained with people to the end  and individual soldiers of the Sri Lankan Army who had cared and helped some of the injured, sick and hungry when they escaped the LTTE and came to government controlled areas.

After the end of the war, we met families of people who disappeared from closely guarded hospitals and detention camps where internally displaced persons were detained by the government. Many people we had met have told us how they themselves or their family members were kept in detention without access to lawyers and ICRC, on allegations of being part of the LTTE. Some of them had indeed been in the LTTE, some forcibly conscripted, and others had joined voluntarily.

Some had been involved in varying degrees in armed combat while others had been performing administrative and civil functions in the LTTE administration such as cooking, driving. Some of these people have told us how they were tortured, showed us scars and how they continue to suffer from these. Some complained about their family members who continue to be in detention without any charges.

Others who we had met after being released, have narrated how they have been told to get permission to leave their village, had been photographed, are being visited often in their homes, had been summoned to camps and interrogated etc.

Mothers recounted threats from the Army to bring back children who had gone to India after being formally released. Religious leaders have told us how the Army had prevented and even threatened them when they tried to organize religious events for civilians killed and disappeared, how monuments for dead Tamil militants were destroyed by the Army and how they were threatened when they tried to put up a simple memorial for those killed and had no burial place.

Community leaders and humanitarian workers have told us about the restrictions on humanitarian assistance, freedom of assembly, freedom of association and freedom of expression in the North.

Many such stories have been shared by Vanni people, particularly families of those directly affected, during hearings of the government appointed Lessons Learnt and Reconciliation Commission (LLRC) in the North. Such stories are also reflected in the submissions to the LLRC by the Catholic Bishops Conference of Sri Lanka and Church of Ceylon and Church leaders from the North such as the Catholic Bishop of Mannar and the Jaffna Diocesan Laity Council.

But it is our regret that with a few exceptions such as above, almost two years since the end of the war, we Sri Lankans have failed to tell and listen to these stories of our brothers and sisters and that most of our media have refused to publish these stories. Despite our own efforts to retell the stories people had narrated to us, it is our regret that we ourselves have not been able to do so to the extent we would have liked to.

We also recognize that many who would have liked to retell these stories have refrained from doing so out of fear of reprisals. And we salute the few individuals, groups and media that have had the courage to share some of these stories.

We also know that some concerned individuals and groups submitted their testimonies, eye witness accounts etc. to the panel of experts of the UNSG. Now, we find that these are the stories reflected and retold in the parts of the report by the panel of experts of the UNSG that had been leaked and published in the media. We fail to understand how retelling the stories of our brothers and sisters, Sri Lankan citizens, who had suffered so much and lost so much, can be a conspiracy against Sri Lanka.

We recognize that different opinions exist about the motivation for this report and that there are similar or more horrific crimes that have been committed during military operations in other countries where no such reports have been issued. We also recognize that the stories told in this report appears to ignore several other stories of suffering in the context of our ethnic conflict and war, such as the Muslim community that was evicted from the North by the LTTE, those killed and injured by claymore attacks and suicide bombings in Colombo and other cities outside the North and East, those killed in riots and in carpet bombings, those in “border” villages that had been massacred etc.

However, we do not see above and any other limitations or weaknesses of the report as a reason for us to reject the stories that are told. On the contrary, we hope that this will be a motivation for us to share more and more such stories. We reject the argument that such a process of truth telling is a harassment of our country or destabilizing our country’s post war recovery and on the contrary, we feel that truth telling is an essential element of post war recovery and progress.

We believe that it is left to us Sri Lankans to establish and acknowledge the truth, apologize for wrongs done, ensure justice and accountability, and through measures such as reparations, show our care and support towards those who have suffered such as families of those killed and disappeared, those who have been injured during war and due to torture, those who continue to be detained without charges and without due process, those who had been displaced and lost properties etc.

It is our contention that truth, justice, accountability together with care and reparation for victims are essential ingredients for progress, development of a post war Sri Lanka, along with a longer term political solution that addresses grievances of Tamil community that led to the birth of the LTTE and full scale war.

But it is our assessment that we have been unable to make significant progress on any of the above fronts within Sri Lanka, particularly in the last two years since the end of the war. The process of LLRC had not given us much confidence though we still hope for positive outcomes from the LLRC, particularly the publication of it’s final report, conclusions and recommendations as soon as possible, which would have the potential to serve as a valuable resource for our reconciliation efforts.

In this context we believe international assistance can also be crucial in our post war rebuilding and reconciliation efforts. Thus, we find it encouraging that establishment of the truth, apology for wrongs done, justice, accountability and reparation for victims is reflected in the conclusions and recommendations of the panel of experts appointed by the UNSG.

We call on the UNSG and the government of Sri Lanka to immediately make available the report of the UNSG’s panel of experts to all Sri Lankan citizens, including translations in Sinhalese and Tamil. We call on all Sri Lankans and particularly religious leaders and the government to take into serious consideration the stories of our brothers and sisters contained in the report of the panel of experts of the UNSG, along with conclusions and recommendations.

Instead of denial and rejection that seems to be happening now, we believe all of us Sri Lankans should treat this report as a resource and tool in our own efforts towards a process of reconciliation that is based on truth, justice, accountability and reparation to victims.

1.         Bishop Kumara Illangasinghe

2.         Rev. Sr. Deepa Fernando, H.F.

3.         Rev. Sr. Helen Fernando, H.F.

4.         Rev. Sr. Jesmin Fernando, H.F.

5.         Rev. Fr. Ashok Stephen, omi

6.         Rev. Fr. M. Sathivel

7.         Rev. Fr. Nandana Manatunga

8.         Rev. Fr. Jeyabalan Croos

9.         Rev. Fr. Praveen Mahesan, omi

10.        Rev. Fr. Rayappu Augustin

11.        Rev. Fr. Rohan Dominic, cfm

12.        Rev. Fr. Rohan Silva, omi

13.        Rev. Fr. Sarath Iddamalgoda

14.        Rev. Fr. Sherad Jayawardena

15.        Rev. Fr. Terence Fernando

16.        Rev. Fr. Thangarasa Jeevaraj, sj

17.        Jovita Arulanantham

18.        Juliana Arulanantham

19.        Tirzah Suares

20.        Ainslie Joseph

21.        Britto Motha

22.        Jude Preman

23.        Nimal Perera

24.        Philip Sethunga

25.        Rukshan (Ruki) Fernando


JDS CALLS FOR URGENT RELEASE OF LANKAENEWS JOURNALIST

URGENT ALERT
2011 March 31 | 13.10 GMT

JDS CALLS FOR URGENT RELEASE OF Lanka-E-News JOURNALIST 

A senior Sri Lankan journalist and the News Editor of Lanka-E-News website, Benett Rupasinghe, has been arrested today (March 31) by the Sri Lankan Police, dealing yet another blow to the already worsened media freedom and human rights situation in the country. Journalists for Democracy in Sri Lanka (JDS) condemns the outrageous arrest of Mr.Rupasinghe in the strongest terms while urging for his immediate release.

This is yet another act of intimidation against media freedom in general and Lanka-E-News in particular by the incumbent government of Sri Lanka.

Mr.Rupasinghe was arrested when he turned up at the police station on the invitation of the police to record a statement. This clearly shows the government is misusing police and judicial powers in addition to extra-legal methods against independent media in order to stifling dissent.

The office of the Lanka-E-News in the very outskirts of capital Colombo, was burnt down last month by an ‘unknown group’ of people. No one has been arrested to date in this regard. The Chief Editor of Lanka-E-News has already fled the country and is living in exile, fearing persecution.

The JDS appeals to all concerned groups and individuals to take necessary action to demand for immediate release of journalist Benett Rupasinghe.

Please act – Make phone calls and send emails to ;

Inspector General of Police Mahinda Balasuriya

Call:  +94 1128223788    /    +94 1128548865

Email : telligp@police.lk

 

Executive Committee

Journalists for Democracy in Sri Lanka 



Asahi Kosei (M) Sdn. Bhd must respect Human Rights and Worker Rights

Reinstate Thiha Soe and Aung San Without Loss of Benefits

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We, the undersigned 66 organizations, groups and networks are shocked at how   Asahi Kosei (M) Sdn Bhd has unjustly treated its workers, in particular the 31 Burmese Migrant Workers, working at the factory at Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa Jaya, 43300 Balakong, Selangor Darul Ehsan, Malaysia.

On or about 31/1/2011, 31 Burmese migrant workers complained about non-compliance by the employer with their agreement. The workers alleged that the employer was paying them far less than what was promised. They also expressed disappointment in the wrongful deductions from their wages, which included deduction for hostel charges when the agreement was that the employer shall provide free accommodation. They also raised their disagreement with the deduction of RM50-00 for every day that a worker does not come to work, when the daily rate of pay is only RM20. They also wanted paid medical leave, which really is already a legal right in Malaysia.

In response, the workers informed us that on 7/2/2011 a gang of persons came and threatened them at their hostel. The police allegedly came with these persons. Before they left, these persons took all cooking utensils and materials, television, cooking gas, refrigerator, table fan and rice cooker) used by the workers. They switched off the electric main switch, and left the workers in the dark with no electricity. These persons reasonably can be assumed to be workers/agents of the employer.

Two workers, without their consent, were allegedly taken to the Kuala Lumpur International Airport (KLIA) with the impression that the employer will be sending them back to Burma (Myanmar). Fortunately, the said 2 workers managed to escape and run away.

On 8/2/2011, the workers lodged a complaint with the Malaysian Human Rights Commission (SUHAKAM) and also were preparing the formal paperwork required to lodge a complaint with the Labour Department.

On 9/2/2011, the employer had a meeting with the said 31 workers, whereby they proposed:-

a) an increase the salary to RM23 per day (whereby previously it was RM20),

b) that there will be no more  allowances (previously RM2/day was paid as shift allowance and RM30 as monthly allowance)

c) that if worker is absent for 2 days in one month, they will deduct RM-50 (previously for ever day absent, the employer deducted RM50)

d) Hostel Charges shall be reduced to RM30 per month (previously it was RM50 per month)

The employer then gave the workers an ultimatum that they sign the new contract now, or be terminated and sent back to Burma immediately. The workers were not given any opportunity or time to consider the proposal, or to discuss the matter further.

Finally, all workers save 2, cowed under pressure and signed the new contract. The 2 workers who did not sign are Thiha Soe (PP No: A 458011) and Aung San (PP No: A432863), whereby Aung San was the worker who signed the complaint for and on behalf of all the workers when the complaint was lodged at the Human Rights Commission on 8/2/2011.

Thiha Soe and Aung San were then handed over by the employer to the recruitment agent, possibly to send them back to Burma. Both workers have been separated and taken to different undisclosed location. Both workers do not want to be sent back to Burma, and want to continue working at  Asahi Kosei(M) Sdn Bhd factory in Balakong.

Asahi Kosei(M) Sdn Bhd, a subsidiary of Asahi Kosei Japan Co. Ltd., which makes Die-Cast Aluminium Parts for HDD(Computer  Parts),  VTR, And Automotive parts for, amongst others,  Hitachi Ltd Automotive Systems, Hitachi  Seisakusho, Denso(Toyota), Kawasaki Heavy Industry, Hitachi(Thai),  Modenas , Seiko  Instrument, Hitachi Global Storage, Matsushita  Kotobuki,  Matsushita   Electronics,  Toshiba, Maxtor,  Seiko  Epson, Kanematsu Device, Sony, Hitachi,  Matsushita,  JVC,  Mitsubishi Electric, Philips, Sharp, Sanyo,  Toshiba, Thomson, Yaskawa and Hitachi Mexico.  It is sad that some companies with declared code of conducts and standards are seen to be associated with companies that violate worker and human rights.

We the undersigned  66 organizations, groups and networks

a)         Call for Asahi Kosei(M) Sdn Bhd to immediately reinstate Thiha Soe and Aung San without any loss of benefits, and if they have already been sent back to Burma to cause that they be brought back to Malaysia to work;

b)     Call for Asahi Kosei(M) Sdn Bhd to apologize to its workers for the wrongs it did, and to pay fair compensation/damages for their actions/omissions that violated rights of their workers;

c)         Call for Malaysian government and/or the relevant Ministries/Department to take necessary action against Asahi Kosei(M) Sdn Bhd and the said recruiting agent concerned to ensure that justice is done for the workers;

d)         Call on the Malaysian government to legislate and make actions of preventing workers access to justice an offence with a substantial penalty, that will deter employers resorting to termination and/or deportation as a threat and/or means to avoid legitimate claims by their workers;

e)         Call on Local Councils and State authorities, who do issue permits and allow factories to operate within their jurisdiction, to ensure that such factories do not  violate human rights and worker rights. Asahi Kosei (M) Sdn Bhd operates in the state of Selangor;

e)         Call on the Malaysian government to ensure that no migrant worker is sent back to their country of origin before first verifying that all outstanding and/or potential claims and disputes between worker and employer (and/or agent or other relevant party) in Malaysia have been fully and finally settled.

f)          Call on Hitachi, Sony, Philips and other companies who do have a Code of Conduct and/or who proclaim that they hold human rights and worker rights as important, who have been listed as customers of Asahi Kosei (M) Sdn Bhd and/or Asahi Kosei Japan Co. Ltd to seriously re-evaluate their relationship with such companies that clearly do not respect human rights and worker rights.

g)         Call on consumers and/or investors to take into consideration human rights, including worker rights of companies and their supply chain when they do invest and/or purchase their consumer products.

Charles Hector

Pranom Somwong

Ko Tun Tun

For and on behalf of the following 66 organizations

Abra Tinguian Ilocano Society – Hong Kong (ATIS-HK)

Abra Migrant Workers Welfare Association (AMWWA)

ALIRAN, Malaysia

All Burma Students League

Asia Pacific Mission for Migrants (APMM), Hong Kong

Association of Concerned Filipinos in Hong Kong (ACFIL-HK)

Association of Indonesian Migrant Workers, Hong Kong

Asia Pacific Students and Youth Association (ASA)

BAYAN Hong Kong

BAYAN USA

Campagne Vêtements Propres, Belgium

Centre d’appui aux Philippines – Centre for Philippine Concerns, Canada

Cordillera Alliance in Hong Kong (CORALL-HK)

Building and Wood Workers International (BWI)

Burma Campaign Malaysia

Burma Partnership

Centre Communautaire des Femmes Sud-Asiatique, Montréal, Canada

Centre d’appui aux Philippines – Centre for Philippine Concerns, Canada

Cuyapo Association Hong Kong

Democratic Party for New Society (DPNS), Burma

Empower, Thailand

Filipino Friends in Hong Kong

Filipino Migrants Association (FMA)

Filipino Migrant Center (FMC) in USA

Filipino Migrant Workers’ Union – Hong Kong (FMWU)

Filipino Women Migrant Workers Association (FILWOM)

Filipino Women’s Organization in Quebec, Canada

Free Burma Coalition, Philippines

Friends of Bethune House (FBH), Hong Kong

GABRIELA Hong Kong

GoodElectronics Network

Health Equity Initiatives, Malaysia

HMISC (Hsinchu Catholic Diocee Migrants and Immigrants Service Center), Taiwan

IMA Research Foundation, Bangladesh

Johor Texitle And Garments Workers Union

KAFTI (Japan)

Kilusang Mayo Uno, Philippines

Legal Support for Children and Women (LSCW), Cambodia

LIKHA Filipino Migrant Cultural Organization

MADPET – Malaysians against Death Penalty and Torture

May 1st Coalition, USA

MIGRANTE Europe, Netherlands

Migrante International

Migrante – Middle East

MIGRANTE Sectoral Party – Hong Kong

Mission Volunteers (MOVERS)

National Human Rights Society (HAKAM), Malaysia

National Union of Transport Equipment and Allied Industries Workers(NUTEAIW)

Network of Action for Migrants in Malaysia (NAMM)

Pangasinan Organization for Welfare, Empowerment and Rights (POWER)

Persatuan Kesedaran Komuniti Selangor (Empower)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Pinatud a Saleng ti Umili (PSU)

Pusat Komas

Quê Me: Action for Democracy in Vietnam, France

Suara Rakyat Malaysia (SUARAM), Malaysia

Thai Committee for Refugees (TCR)

Think Centre, Singapore

Transient Workers Count Too (TWC2), Singapore

United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)

United Indonesians Against Overcharging, Hong Kong

Vietnam Committee on Human Rights, France

WARBE Development Foundation, Bangladesh

Workers Hub For Change (WH4C)

World Forum for Democratization in Asia

Yaung Chi Oo Workers Association (YCOWA), Thailand


SRI LANKA: Young Tamil complainant in a bribery case against a police officer faces attempts on his life and is in hiding‏

FOR IMMEDIATE RELEASE
AHRC-STM-009-2011
January 18, 2011

A Statement by the Asian Human Rights Commission

SRI LANKA: Young Tamil complainant in a bribery case against a police officer faces attempts on his life and is in hiding

Devarathnam Yogendra ( 28 ) is the complainant in a bribery case against IP Wijesuriya of the Hatton Police Station, who has been indicted on a charge of obtaining bribes. This charge has been filed on the basis of a complaint made by Yogendra on November 6, 2010 and it is alleged that the police officer was arrested a decoy from the Bribery Commission immediately after accepting a bribe. Ever since the arrest of this police officer Devarathnam Yogendra has faced several attempts on his life, according to several complaints that he has made to the police, including the Inspector General of Police and also many other authorities including the Human Rights Commission of Sri Lanka. Yogendra has also complained that several fabricated charges have been filed, one of which was dismissed by the Magistrate on January 11, 2011. Another such case is scheduled to be taken up on March 1, 2011.

Four days after the first case was dismissed by the court Yogendra faced another threat to his life. Following are the details of this incident:

On January 15, 2011 on the Thai Pongal day morning around 01.30 a.m. about 5 police officers in police t-shirts had come to Yogendra’s house and woke him up and said that they needed to question him. When his father has asked the reason for his arrest, the police officers have said that there is a complaint against Yogendra and they need to question him. Then they have taken Yogendra walking towards a white van with tinted glasses and pushed him in to the van. It was not a police jeep. It happened to be a rainy day and there was noise of crackers being lighted to celebrate Pongal.

Inside the van he was blindfolded and handcuffed and they have taken him about 200 meters into a lonely place where there was a cemetery. When he was taken out of the van, the cloth that blindfolded him was removed and Yogendra was asked to kneel down. Then he was threaten and told that they would kill him if he acted against the police. Yogendra was then assaulted on his shoulders and his body and this stage Yogendra has identified a police officer by the name of sergeant Sarath. Yogendra told him that if he is killed that the whole world will know that the Hatton police officers had done it. Further he told, the police officer “you are Sergeant Sarath and I know you” at this stage police officers were drinking, laughing and making merry. After this they further assaulted him and took out a gun which they fired in the air. Then they have shown him the cemetery and said that he would be soon be there if he continued to act against the police officers. Having kept hi m for more than one hour he was threatened repeatedly. Then the handcuffs were removed and the officers left in the van.

Yogendra has collected 2 bullets casings from the ground and also a rain coat which was thrown out by him while he was in the van to prove that they were from Hatton police.

Yogendra is now afraid to go home and is now in hiding.

This is one more case of a person who is being hunted by the police due to complaints made by him to the Bribery Commission and other authorities. Sugath Nishanta Fernando from Negombo was assassinated after making complaints against the police regarding torture and bribery. At the time he was killed several police officers were being charged by the Bribery Commission and were also made respondents in a torture case. Earlier Gerard Perera, who was pursuing his complaint against torture by several officers from the Wattala Police Station was assassinated while he was traveling on a bus. A case is before the Negombo High Court relating to the murder of Gerard Perera in which the accused is a police officer and an accomplice who was earlier charged under the CAT Act, No. 22 of 1994 for torturing him.

Devarathnam Yogendra is now in hiding, afraid for his life. In a 53 minute taped interview he described to the Asian Human Rights Commission the series of attempts that were allegedly made on his life which he narrowly escaped.

The AHRC calls on the Inspector General of Police and the police authorities as well as the Human Rights Commission of Sri Lanka and the National Police Commission to investigate the complaints of Devarathnam Yogendra and also to provide him protection.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.


Mannar Bishop’s submission to LLRC hearing in Mannar

<Submission by the Catholic Diocese of Mannar to the Lessons Learnt and Reconciliation Commission>

8th January 2011

A. Introduction:

This is a presentation on behalf of the people of Mannar district by the Roman Catholic Bishop and Priests of the Diocese of Mannar[1] to the Lessons Learnt and Reconciliation Commission (LLRC).

At the outset, we must express our disappointment that previous Commissions of Inquiry have failed to establish the truth into human rights violations and extrajudicial killings they were inquiring and bring justice and relief to victims and their families. For example, the attack on the Pesalai Catholic Church while civilians were taking refuge and the disappearance of Fr. Jim Brown, both in 2006, were amongst the 16 cases that the Presidential Commission of Inquiry to Investigate and Inquire into Alleged Serious Violations of Human Rights was mandated to look into, but we have not heard of any progress. It is also disturbing that reports of these Commissions have not been made available to those who came before the Commission, victims, their families and general public.

However, we believe the appointment of the LLRC by His Excellency Mahinda Rajapakse is an opportunity for all Sri Lankans to move towards reconciliation. We recognize the importance of learning lessons from our history, in order to move forward as well as prevent further conflict and violence. Thus, our willingness to come before the LLRC and assist the LLRC by working with the Kacheri and Grama Sewekas to make it better known amongst our people.

We appreciate the positive response of the LLRC to our request to visit Mannar district and meet people here who have been seriously affected by the war, especially the last phase of war from 2006-2009. However, Mannar being a district that tens of thousands of people have been affected by war for 3 decades, we are disappointed that the time allocated to listen to our people is very small. We request that special period of time be allocated for further submissions by the public even after the formal sessions of the LLRC are completed.

We also believe that it is crucial for any serious effort towards reconciliation to go back into our history beyond February 2002, as roots of the conflict and reasons for the war that caused so much pain, destruction and polarization dates much further. Infact, the LTTE, other armed Tamil groups and the war are not the cause, but only results of the conflict. Although LTTE and other Tamil armed groups have caused much suffering, their actions were prompted by the failure of successive governments to respond favorably to Tamil’s efforts to resolve their problems through peaceful and political means. While acknowledging the part played by LTTE and other armed groups in the suffering of the people, we wish to point out that the state military and their secret agents are feared more by the people and are held responsible for much of their woes.

In order to achieve genuine and lasting reconciliation, we believe it is crucial to address roots of the conflict and war, primarily issues affecting Tamils such as recognition of their political reality, language, land, education and political power sharing.

B. Importance of truth:

We are convinced that recognizing in public the objective truth of the events of destruction that has taken place during the decades of war and violence is indispensable for any attempts at reconciliation. Although establishing the truth is not explicitly mentioned in your mandate, we believe you will share our conviction that there can be no genuine and lasting reconciliation without truth. In particular, the truth about violations of international human rights and humanitarian law, such as enforced disappearances, extrajudicial killings, arbitrary detention, torture, bombing and shelling of civilian’s spaces including hospitals and religious institutions etc. must be publicly acknowledged bearing also in mind the principle of “Command Responsibility”. We note that except in one case (rape and murder Krishanthy Kumarasami) no perpetrators have been convicted for numerous crimes such as extrajudicial killings, disappearances, torture, arbitrary detention, rape and sexual abuse. It is our belief that this culture of impunity over the years, led to more and more crimes against Tamil civilians during the course of the conflict. Measures such as forgiveness, amnesty are only possible when there is genuine acceptance and repentance of wrongs done and the truth is acknowledged.

It is our earnest appeal that the LLRC will give high priority to establish in public the truth of what has happened in the course of conflict and war.

C. Importance of political solution:

It should be recognized that Tamil people along with other inhabitants are part of one Sri Lanka, while having their own identity, culture, language, religion and traditional habitation. This reality in Sri Lanka has to be duly recognized by the government, considering also international law and practices in resolving conflict through political processes. Basic principle of power sharing and rights of minorities must be legally entrenched in the Constitution. The constitution and legal system must not favor and should not leave any room to be even perceived as favoring majority or any one community or religion.

We believe that this process should be done with full participation of all communities, with the assistance of Sri Lankan experts as well as drawing on relevant international experience.

We acknowledge that this will be a long process. We note that several such processes initiated in the past had been abandoned, including the All Party Representative Committee appointed by the present President. Political solution could be carved out taking into consideration previous attempts at a political solution and relevant amendments made to the constitution.

We believe it is crucial to take initial steps immediately, with a clear time frame for completion of the process and implementation of the final political solution.

D. Immediate issues to be addressed

While a political solution to the conflict is essential, we would like to highlight several immediate issues that need to be addressed to ensure that we move forward on the path to reconciliation. Without addressing these needs, people affected by the war will not be able to move towards reconciliation and neither will they have any confidence or hope in any reconciliation process initiated at macro level.

Below are some such concerns with some practical suggestions:

  1. Enforced disappearances:

We are submitting herewith a list of 100 persons that have disappeared as reported by their loved ones.  (Annex 1 – parts I and II) The actual numbers would be much more. Existing mechanisms such as the Police, National Human Rights Commission and previous Presidential Commissions that many family members had complained to, have been unable to assist the families of the disappeared people. We are particularly worried that there is no news about two Tamil priests from the North who disappeared in this period, namely Rev. Fr. Jim Brown and Rev. Fr. Francis Joseph, although not from the Mannar diocese. Fr. Jim Brown’s case was even part of the mandate of the previous Presidential Commission of Inquiry in 2006.

Suggestions:

1.1 Establishment of a special fast track mechanism that is independent of state institutions and will be perceived as independent by affected families.

1.2 In cases where it is clearly established that the person cannot be found, processes for death certificates and compensation should be expedited.

1.3 Procedures for applying for same should be simple, time bound and should be made public.

  1. Remanded LTTE suspects:

We are submitting a list of 274 persons who have been reported to us as being remanded. We are again aware that the actual number of persons in detention is much more than we present. There are thousands of LTTE suspects detained in prisons all over the country, such as in Welikeda in Colombo, Bogambara in Kandy, Jaffna, Batticaloa, Vavuniya, Anuradhapura etc. Almost all are Tamils. Most are detained purely on suspicion of links to the LTTE, with no charges brought for years. Others have been charged, but their trials are going on for years. Some of those, such as those detained in Omanthai under the Terrorist Investigation Department (TID), have been denied access to lawyers, ICRC and National Human Rights Commission and right to participate in religious services. Their relatives face a lot of problems visiting them and are often compelled to talk in inhumane manner through wire mesh, with more than 10 at a time in congested small room. There is no centralized list of detainees in each detention centre that relatives could refer to.

It is very important also to identify and pay special attention to vulnerable groups with special needs, such as those with young children and physically disabled.

Suggestions:

2.1 A centralized, comprehensive list of detainees should be made public – with names, places of detention as well as record of transfers, so families are made aware of the whereabouts of their family members. The list should also provide the reasons for detention and under which legal provision they are being detained.

2.2 Unhindered access to detainees, by their families, religious leaders, lawyers, ICRC and other statutory bodies and individuals.

2.3 Release all those who are not charged or detained in accordance with the legal framework and expedite the cases of those who have been charged.

2.4 A proper screening process should be in place to identify special cases, such as those with young children and with physical disability and provide special assistance they need.

  1. Extrajudicial killings:

We present herewith a list of 166 people who had been reported to us as killed during the last phase of the war, from Mannar district. (Annex 3) This number is not complete. Thousands of persons have been reported killed during the three decade old war from the North and East, most of them, since 2007 and particularly in the last five months of war in 2009. This includes a large number from the district of Mannar. Rev. Fr. Pakiaranjith, a priest of our diocese was also killed on 26th September 2007 in Vellankulam Road near Thunnukai, while he was taking assistance to displaced people. Hundreds of civilians from the Mannar district have also been deliberately killed by the military at the beginning of the war in early 1980s, such as the mass massacre at 11th mile post on the Mannar – Medawachiya Road on 4th December 1984.

Based on eyewitness testimonies, we believe thousands of people would have been killed in the last five months of war between January – May 2009 and we believe a large number of these people are also from the Mannar district.

Based on information from the Kacheris of Mullativu and Killinochi about the population in Vanni in early October 2008 and number of people who came to government controlled areas after that, 146,679 people seem to be unaccounted for. According to the Kacheri, the population in Vanni was 429,059 in early part of October 2008 (Refer Annex 4 and 5). According to UN OCHA update as of 10th July 2009, the total number of people who came out of the Vanni to government controlled areas after this is estimated to be 282,380 (Refer Annex 6).

Suggestions:

3.1 All killings should be formally acknowledged

3.2 The number of civilians killed during the last phase of the war should be made public

3.3 Due clarification should be made regarding what happened to 146,679 people, which is the discrepancy between the number of people who came to government controlled areas between October 2008 – May 2009 and the population reported to be in Vanni in early October 2008.

3.4 Processes for death certificates and compensation should be expedited.

3.5 Procedures for applying for same should be simple, time bound and should be made public.

  1. Rehabilitation of civilians affected by war

Thousands of civilians have also been injured, some seriously during the course of the war, especially in the last few months of war in the North in 2009. Many suffer permanent physical disability and are unable to get about their daily lives, including education and livelihoods without special assistance. There are also many who are traumatized due to being eyewitness to the war and having family members killed and made to disappear after being detained by the military, being admitted to hospitals etc.

Suggestions:

4.1 All civilians physically affected should be offered needed special care and assistance.

4.2 All those who are in need of trauma counseling should be offered opportunities to receive trauma counseling and psychosocial support.

4.3 Government should facilitate and assist religious groups and NGOs to collect correct data in order  to provide these services, including financial assistance where needed.

  1. Rehabilitation of ex-LTTE cadres

We welcome the release in batches of ex-LTTE cadres. But there is no clear official number for those being detained and rehabilitated.[2] There is no transparent classifications and distinctions between those alleged as ex-combatants and others who were not in the frontlines (e.g. cooks, medics, admin staff etc.). There is also no clear indication about how many ex-combatants would be charged, and under what laws, with different Government MPs saying different numbers at different times.[3]

We have also been told by several ex-LTTE cadres who had been released that they had not received any serious rehabilitation, such as counseling and livelihood skills. Those who have been released after rehabilitation have reported that their freedom of movement has been restricted and several have been reported as threatened and even abducted after release.

Suggestions:

5.1 Ensure freedom of movement and security of those released after rehabilitation

5.2 A comprehensive programme to address the psychological needs of ex-LTTE cadres and those rehabilitated and reintegrated should be implemented by the Government in partnership with agencies who have expertise in the area.

5.3 There should be an independent authority/body to monitor the rehabilitation and reintegration of detainees, so as to ensure that proper rehabilitation is conducted, and if the reintegration process is taking place effectively. (e.g. facilitate family units to re-start their lives etc.,)

  1. Permanent housing, Livelihoods, Healthcare, Education and Transport:

We appreciate the fact that most people displaced during the war have been allowed to go back to their villages. We particularly appreciate the efforts made to demine these areas. However, although many people have returned to their villages, they are not able to live in dignity.

Almost 20 months after the end of the war, most of displaced people still have no housing and live under tarpaulin sheets. Others live in makeshift and temporary houses, mainly cadjan and tin sheets. There is no comprehensive housing scheme in place. We are also disturbed that a limit of Rs. 325,000 has been placed as the amount that should be spent for one permanent house for houses being built by The North East Housing Reconstruction Program (NEHRP). Based on present construction costs, it would be difficult to complete a good quality permanent house within Rs. 325,000. Further, we are also concerned that only few agencies are involved in building permanent houses, which we understand is due to undue restrictions and formalities of the government.

In this context, we were relieved and happy to hear about the offer of the Indian government to build 50,000 houses. We believe it is essential that the Government of Sri Lanka cooperates fully with the Indian government to ensure that people without housing can benefit in full from this generous offer.

Newly resettled people also lack assistance to restart livelihood (fishing / farming / shops etc.). The large number of shops runs by the military and businesses started by people from other parts of the country are negatively affecting the ability of local people who are trying to restart their lives through small shops and restaurants.

People also lack water supply, nutritious food – including milk foods for children and education facilities, health care and transport facilities are inadequate.

Although we are allowed to extend our services to affected people at the moment, we have faced restrictions in earlier in our (Catholic Church) attempts to provide some such services and facilities and have received reports from NGOs who are ready to provide such services about restrictions presently in effect by multiple government bodies such as the Presidential Task Force and Ministry of Defense.

Suggestions:

6.1 Government should assume primary responsibility to provide decent permanent housing to displaced people who have now returned to their own villages.

6.2 Government should ensure that religious groups and NGOs who are willing to provide assistance and services are able to do these without long and complicated procedures.

6.3 The Indian government should be given the opportunity to build the 50,000 houses they have committed themselves to build, without leaving space for any local politicians, government officials and middlemen to engage in any corrupt practices.

6.4 High priority should be given to provision of quality healthcare, education and transport facilities to newly resettled areas such as Manthai West, Madhu and Musali divisions.

6.5 Due compensation should be paid to properties damaged, and a simplified, fast and transparent procedure must be put in place for this process.

6.6 No limitation should be placed on the amount to be spent on building permanent houses.

7. Creating a positive environment for displaced Muslims to return:

The forced evacuation of the Muslims in 1990 by the LTTE is a sad event in the conflict and we are happy that good number of them is able to return back to their places of original habitat. All the displaced Muslims of the Mannar district must be allowed to return freely and must be assisted by relevant authorities to be reintegrated into the communities in Mannar. We are relieved that Muslim people were not subjected to extrajudicial killings, disappearances, arbitrary arrests that most others who stayed in Mannar have been subjected to.

Suggestions:

7.1 A favorable environment should be created to ensure the return of Muslims who want to come back and they should be provided all facilities that returning people are entitled to.

7.2 Dialogue between Tamil and Muslim communities as well as community and religious leaders is important to ensure both communities can live in harmony.

7.3 Government must ensure that resettling Tamil and Muslim communities get equal level of assistance and support, and avoid creating situations where one community is seen as the favored community, as this will only cause further tensions.

8. Demographic changes and land colonization:

While we welcome efforts to resettle and assist displaced people to return and resettle, we are alarmed at reports that there are plans to handover land to large number of people from outside the district. We have also received reports that several individuals and groups from outside the district are already occupying lands (E.g. in Musali division) and these seems to be done with blessings of a Government Minister.

There is suspicion amongst historical inhabitants in the district that these are part of a government plan to bring about demographic changes in terms of ethnic and religious composition of the districts and the Northern Province as a whole. Such efforts in the past have been a key factor that led to the conflict, war and violence and as we try to move towards reconciliation, it is crucial to learn lessons from the mistakes made in the past and not repeat such mistakes.

  1. Occupation of land by military:

We appreciate the fact that the Government and the military had handed back some of the Church land that had been occupied by the military. However, we are disturbed that civilians in some areas are unable to go back to live in their own lands due to occupation of their houses and land by the military, such as in Sannar and Mullikulam. Land owned and administered by us (Catholic Church) in Mullikulam have also been taken over by the Navy without prior information or consultation with us (Catholic Church) and the people about alternative arrangements. There are no alternative arrangements offered as of now to those evacuated.

Suggestions:

9.1 Priority should be given to allow people to live in their own lands

9.2 Occupation of land by the military should be a last resort only, and in this case, provision of alternative land and in consultation with those affected and due compensation is also essential

  1. Militarization and politicization of the civil administration:

Almost 20 months after the end of the war and after more than a year since the resettlement process started, we are disturbed that there is a heavy military presence in Mannar district particularly in recently resettled areas of Manthai West, Madhu and Musali divisions. This is something most Tamil civilians fear and not happy about, due to the many negative experiences they have had in the past. Many activities and decisions that should be attended to by civil authorities are still being handled by the military.

We have also seen an alarming level of interference in the civil administration of the Mannar district by politicians of the ruling party. Appointments and transfers to important positions in the civil administration including crucial areas such as healthcare and education etc. are controlled and monopolized by politicians, completely by passing the official procedures.

The culture of political patronage seems to have engulfed the Mannar district as it is in rest of the country. This has also caused a fear and tension amongst the majority Tamil community, who feel they are being marginalized in favour of those known to influential politicians of the government.

In this post war era, it is worrying that Governors to both the North and the East are former military commanders, as it is natural that senior military officers would operate based on military perspective rather than civilian perspectives.

Suggestions:

10.1 Military presence should be minimized and should be to the extent required.

10.2 Military should remain in barracks and camps and not in public places unless it’s required for security purposes.

10.3 Government Ministers and the Governor should not exceed powers vested in their office by law and in particular should not interfere in matters that are under the purview of the civil administration.

10.4 Transfers and appointments in the civil service should follow the established procedures devoid of any influence and interference of politicians.

10.4 Civilian administration should be strengthened and administrative, development and rehabilitation functions should be handed over to civil authorities with relevant expertise and experience.

  1. Freedom of Religion, Expression, Association and Movement:

Almost 20th months after the end of the war, it is disturbing that restrictions on expression, association and movement that are not in force in other parts of the country and communities are being imposed on recently resettled Tamil people. On several occasions, the military had cancelled religious services to remember and pray for civilians killed or missing and even some of our priests have been threatened and intimidated for their attempts to commemorate those who were killed during the war.

While celebrations for the war victory had been held under government patronage, no efforts have been made by the government to express solidarity with families of those killed, missing and injured in the war, by observing a National Day of Mourning.

Attempts to protest peacefully about land occupation and lack of basic facilities had also drawn threats and intimidations.

`     Church organizations and NGOs have been instructed in writing and verbally by the Government Agent of Vavuniya and the Army in Mannar that no events should be organized without inviting the military.

Restrictions on travel still remain and even last month, some overseas visitors were prevented from visiting people in Manthai West division.

Such restrictions make Tamil people in these areas feel that they are living under military rule and cannot enjoy the rights and liberties that people in other parts of Sri Lanka enjoy. Restrictive measures for peaceful and humanitarian activities also create further tensions and distance between the Government and Tamil people, and should be avoided in order to move towards reconciliation. Travel restrictions on foreign nationals who are interested to help  resettled people deny these people opportunities to get further assistance.

Suggestions:

11.1 People, community leaders and religious leaders should be free to organize peaceful events and meetings without restrictions.

11.2 The government should declare a national day of mourning, to remember civilians who have been killed in the war.

11.2 Visitors from outside the district and from overseas should be allowed to freely visit their friends and relatives in recently resettled areas without having to obtain prior permission from the Ministry of Defense.

  1. Fears of Sinhalese – Buddhist cultural domination:

We are deeply disturbed that some signboards in villages in Manthai West are only in Sinhalese and that some roads names have been given Sinhalese names. These are seen as indicators of “Sinhalization” of traditional Tamil areas and these are things that should be avoided if we are to move towards reconciliation.

Building a Buddhist place of worship (Pansala) in Murunkan Town where there was a Hindu Kovil is something that has caused a lot of concern, particularly as there is no Buddhist population in this area. Erections of Buddhist statues in prominent public places in many new locations in the North have also made our people fearful of Buddhist domination of majority Hindhu, Christian and Islamic areas.

While being deeply respectful of Buddhism and believing in religious freedom for all religious communities all over the country, we believe the erection of Buddhist statues and places of worship in public places in the North, will not help in reconciliation efforts and infact, may lead to further tensions and polarization amongst different religious communities.

E. Conclusion:

We hope due notice will be taken of concerns we had raised and practical suggestions made. We reiterate that key three elements towards reconciliation are:

  1. Acknowledging the objective and total truth of events that had happened throughout the conflict and war, particularly in the closing stages of the war
  2. A political solution to the ethnic conflict, that will also ensure good governance and rule of law, drawn up in a participatory manner within a specified time frame
  3. Addressing of immediate concerns (such as of people who had been affected and suffered doe to the war

We stand ready to further assist and collaborate with the LLRC and the Government of Sri Lanka towards achieving these goals and offer our prayers and blessings towards the success of such efforts.

Yours sincerely,

Rt. Rev. Dr. Rayappu Joseph                         Very Rev. Fr. Victor Sosai                     Rev. Fr. Xavier Croos

Catholic Bishop of Mannar                             Vicar General of Diocese of Mannar     Representative of the  Priests Forum of Mannar



[1] The Diocese of Mannar comprises the administrative districts of Mannar and Vavuniya. For the purpose of this submission, only the Mannar district is covered

[2] For example, in an interview with the Sunday Observer of 1st August 2010, Minister D. E. W. Gunasekera was quoted as saying there 7000 ex combatants in custody out of an initial number of 12,000 at the end of the war. However, the Minister was quoted in the Divaina of 15th Sept. 2010 as saying 4000 out of 12,000 had been rehabilitated and released implying a number of 8000 that remained detained. On 10th August, Government MP Rajiva Wijesinghe was quoted by IRIN as saying 6900 continue to be detained out of an initial number of 11,000 LTTE fighters that were detained.

[3] Minister Gunasekera pointed out in his interview to Sunday Observer of 1st August that about 1100 were “hardcore tigers”.  However, the Divaina of 15th September reported the Minister as saying only about 700 could be charged. MP Rajiva Wijesinghe however quoted a different figure of 600 that will face charges and long term rehabilitation in IRIN news of 10th August


Sri Lanka: 2011 dawns with killings and abductions

JDS – 001/Jan/11/
PRESS RELEASE | 04 January 2011

As the killers of five Tamil students in Trincomalee go unpunished for the fifth year, the number of killings and abductions in the government controlled north of Sri Lanka is alarmingly on the rise.

Manoharan Ragihar, Yogarajah Hemachchandra, Logitharajah Rohan, Thangathurai Sivanantha and Shanmugarajah Gajendran were all shot dead on the second of January 2006 in a High Security Zone in Sri Lanka’s eastern town of Trincomalee. The families, local journalists and international organisations had evidence that the crime was committed by the state armed forces. The government failing to find the perpetrators and punish them is clear proof to that evidence.

Three weeks later, Sudaroli Journalist Subramaniyam Sugirdharajan whose photographs exposed that the students were killed at point-blank range was shot dead near the Governor’s Secretariat.


2011


The new year dawned in Jaffna with  Sobinathan Gopinath, a 27-year-old driver of a three wheeler taxi, disappearing from Urumpirai, where, within the duration of three days, a teacher was abducted and an education officer shot dead.


The latest of abductions were reported from Kilinochchi on the 3rd of January. 28 out of 30 boys who were abducted by an armed group were later dropped at the Omanthai military checkpoint. The fate of the other two is not known.

Tamils in Jaffna and Kilinochchi are terrified by this latest wave of forced disappearances and killings. Within the last two weeks of 2010 the following violence against northern Tamils were reported from a region with a disproportionate military presence where independent media and voluntary organisations are barred.

·       The chief priest of Changkaanai Murukamoorthy temple, 56 year old Nithiyananda Sharma, died from gunshot wounds received at the temple early December.


·       The decapitated body of Mahendran Thiruvarudchelvam, who had been displaced from the Vanni was found in Jaffna on the 20th of December, nine days after his disappearance.


·       On the 27th of December Armed men who arrived on a motorbike, shot and killed the Deputy Director of Education for the Valikaamam Zone, Markandu Sivalingam.


·       Gunmen killed environmentalist Ketheeswaran Thevarajah, in Jaffna on the 31st of December.


·       30-year-old teacher, Shanmuganathan Vignesvaran of Urumpiraay West had been abducted on 30th December at Urumpiraay, Jaffna.

Government ministers from the Tamil region, Vinayagamurthi Muralitharan and Douglas Devananda have already accepted in public that the abductions and killings have not been investigated to a conclusion. The commander for the Sri Lankan military in Jaffna, Major General Mahinda Hathurusinghe speaking to journalists has ruled out the involvement of the Tamil Tigers. However, he has told the BBC that the killing of the priest earlier in December was the work of two former Tamil Tiger fighters working in cooperation with a government army corporal and that all these individuals had been arrested.

The government

The government of Sri Lanka denied the allegations made against it and claimed that there was a political motive to discredit the government by associating it with some of the killings. It explicitly denied that the education official had been killed for condemning the singing of the national anthem in Sinhala, rather than Tamil, at a state function. However, it has failed to find the culprits or establish a motive.

The climate of terror in Jaffna in particular and in the north in general continues even twenty months after the Sri Lankan government proclaimed its military victory over Tamil Tigers. However, President Mahinda Rajapaksa has declared that the state led by him will not stop operations. Addressing novice cadet officers of the Diyatalawa Sri Lanka Military Academy on the 21st of December, President Rajapaksa said that the operation  ’will not cease until all bitter past memories of terrorism and secessionist intentions are completely wiped out’.

Journalist for Democracy in Sri Lanka (JDS) strongly believes that the escalation of violence against Tamils following the president’s declaration is of serious concern in a land where Tamils are faced with loss of life, land, cultural identity and freedom.

While vehemently condemning these atrocities against the Tamil people, JDS warns that Sri Lanka will end up being at the mercy of an autocratic, fundamentalist state unless the freedom loving people within and without the country act immediately to stop this recurring violence.

Executive Committee

Journalists for Democracy in Sri Lanka

04 January 2011


SRI LANKA: The re-immergence of fear psychosis the Jaffna District

FOR IMMEDIATE RELEASE
AHRC-FST-001-2011
January 3, 2011

A Statement from Networking for Rights Sri Lanka forwarded by the Asian Human Rights Commission

NfR expresses its serious concern about the deterioration of the law and order situation in the Northern Districts of Sri Lanka. The series of killings that have taken place during the last few weeks in the Jaffna Peninsula raises the question whether death squads have been reactivated in the Jaffna Peninsula. The latest in the series of killings is the cold blooded murder of 28 year old Ketheeswaran Thevarajah of Jaffna on 31st December 2010. This is the fifth such killing that has taken place in Jaffna within last two weeks. None of these killings have been seriously investigated or resolved, so far.

According to reports appearing in the news media Thevarajah, who was a postal worker in Vadamaraadchi, Jaffna, had been shot by armed men who entered the house where he was staying that night. He had later succumbed to the gun shot injuries.

There has been no other apparent reason for this killing of a civic conscious activist. Some news media has reported that the killers had asked him to open his page on the face book and shot him at point blank range.

Mr. Thevarajah, had posted photographs on his face book on the environmental damage caused by sand excavation in his village. According to news reports, he had provided reports to Jaffna media on the same issue. Looking at this matter in that context, it is obvious that this killing is also another in the series of killings to restrict the ‘freedom of expression’ in Sri Lanka.

Excavation of sand illegally from sand dunes in the Jaffna district by politically powerful persons had become a public issue recently. A few months ago there had been public protests over this matter. People alleged that a pro-government para military force of a political party is responsible for the illegal excavation of sand in the area.

Whatever the reason may be, it is clear that the killers were from an organized gang and were able to get away without any problems, after the shooting. The killing of Mr. Thevarajah, taken together with the other recent murders in that region, raises the question whether the much feared death squads are being reactivated in Jaffna to stifle dissenting civil voices and tightening the government’s control of the population of that area. Putting the blame on unknown persons as being responsible for such incidents cannot be accepted taking into consideration the fact that the Jaffna Peninsular is strictly under the control of the military. It appears that Jaffna is already engulfed in an evolving fear psychosis similar to what was in vogue during the infamous ‘period of terror’ (the beeshana samaya) in the South from about the middle of 1985 to 1995, when thousands Sinhala youth were abducted, killed or had disappeared under identical circumstances. This raises the second questi on, whether the creation of a fear psychosis has become the government’s strategy to keep the Tamil people under tight political control?

NfR would like to emphasize that such a strategy is bound to fail. We urge the government of Sri Lanka which has the Northern and Eastern Provinces firmly under its control, to take immediate steps to reassure the safety and security of the people living in those areas and restore the rule of law.

Issued by
Steering Committee, NfR Sri Lanka

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.


258 Days of the Attempt to Block the Contents of Prachatai Website

The below is the press lease by Prachatai.com, the prominent and independent e-media in Thailand. The popular website has been blocked ever since 8 April 2010, a day after the government declared State of Emergency. Excerpts followed by full statement in English and Thai.

- penseur21 -

==========================

1) Prachatai has been blocked for 258 days (as of today, December 21 2010)

2) The amount of financial loss is estimated 5 million baht.

3) The SMS news service has to be stopped, as the SMS provider stopped the service.

4) Prachatai Social Network Channels such as www.facebook.com/prachatai were blocked

5) All three accounts belonged to Prachatai namely (@prachatai, @prachatai_en, @prachatai_wb) along with the YouTube channel (YouTube/user/prachatai) were blocked

6) Once the Decree is lifted in Bangkok and in the close by provinces it means that the blocking of tens of thousands of URLs is the blocking without any legal foundation to justify those blockings.

==========================

<Prachatai Statement>

22 December 2010, Prachatai Office

It had been 258 days that Prachatai.com website had been blocked under the order of the CRES. The order to block the website happened right after the declaration of the Emergency Decree on Public Administration in Emergency Situation (hereafter “Decree”). Prachatai.com, which has been opened since September 2004, was first blocked on 8 April 2010. The amount of financial loss, according to the figures that Prachatai has filed a charge against the government and CRES with the Court of Justice and is currently being investigated by the Court of Appeal, is at 5 million baht.

However, the figure above does not include the emotional and reputation loss and the business opportunity loss which can be divided into two parts. Firstly, the SMS news service that Prachatai had started not long ago could have been a good opportunity for news provider to provide the information to the public who are eager to receive information under the turbulent time. However, the SMS provider informed Prachatai that it would stop the service. The reason made was that there was an order that Prachatai.com was blocked by CRES. Secondly, few days prior to 8 April 2010, Prachatai only started to receive revenues from the advertisement. The blocking of the website definitely led to the insecurity and doubt among businesses that wanted to put its company’s Advertisements in Prachatai.

Ms.Chiranuch Premchaiporn, an editor of the independent website Prachatai in Thailand. While the website has been blocked by the authority, she was arrested at the airport on September 24 - on arrival from “Internet Liberty 2010″ conference in Hungary - under the Computer-related Crimes Act and Lese Majest law. Amnesty International, which deems to be reluctant to criticize the country's severe lese majeste law, has termed her as a prisoner of conscience while she was detained before being released on bail. (Photo @ Lee Yu Kyung)

Given that the cabinet decided to lift the Decree, Prachatai sees this action as being necessary to present the effects and financial losses from the order to block Prachatai website under the Decree, so that the government which is the actor in enforcing the law will operate according to the principle of legal justice rather than in an arbitrary manner. The latter is what was happening in the past eight years under CRES. The recent report which was released by iLaw.or.th, together with the Faculty of Law, Thammasat University, found that tens of thousands of URLs have been ordered to be blocked under the orders of CRES.

Once we analyze the details of the websites that were blocked, we found that in many cases the blockings were being done in a extremely broad manner. Websites that do not have contents related to politics such as news broadcast websites (i.e. www.justin.tv, www.ustream.tv) were subsequently blocked under the Decree. News website, which presents contents related to the May demonstration and the subsequent crackdown and dispersal by the state officials such as the journal by Nick Nostitz in the Killing Zone, the report by Spring News regarding the casualty from the friendly fire between the soldiers during the clash at Don Muang, the interview of witnesses at Wat Prathumwanaram, the report of Citizen Journalists who were in the demonstration and presented their stories on YouTube and Vimeo were all subsequently blocked.

If we analyze the contents of websites that were blocked, we can say that this is a serious act by the government to “close the mouths, ears, and eyes of the Thai people”.

Coming back to the experience of Prachatai in these past months, we were faced with continuous blockings. There were attempts in every way possible to block all the news channels of Prachatai. The Prachatai website had changed the name of the website eight times. The webboard had changed its name three times before Prachatai made the decision to shut it down on 31 July 2010.  Apart from these examples, Prachatai Social Network Channels such as www.facebook.com/prachatai were blocked. All three accounts belonged to Prachatai namely (@prachatai, @prachatai_en, @prachatai_wb) along with the YouTube channel (YouTube/user/prachatai) were blocked. The attempts via the blocking of the website, IP address, and servers led to the reason for Prachatai to change its server, website registration, and all its online operation abroad to guarantee the possible accessibilities of our readers and to guarantee the safety of information that the users would not be able to be accessed or threatened by the government. Since our operation has been relocated abroad, this led to the unnecessary high costs and the unnecessary loss of money that could have been circulated inside the country to improve the business and to play a role in the progression of the news and technology industry. Such trends however are likely to be used by other news online and Thai Netizens as long as the situation of the threats to the online media and netizens will continue.

The important thing that the media needs to be concerned and stay focused to monitor the move of CRES to a new center under the directive of the ISOC using the power of the Internal Security Act rather than the Decree. Therefore, the irregularity of law which will have effect on the rights, liberties, and human security will continue. However, the framework of the power of the ISA does not give ISOC the power to block the dissemination of media information. Therefore, once the Decree is lifted in Bangkok and in the close by provinces it means that the blocking of tens of thousands of URLs is the blocking without any legal foundation to justify those blockings.

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<Statement in Thai>

258 วันของการพยายามปิดกั้นข่าวสารของเว็บไซต์ประชาไท

22 ธันวาคม 2553, สำนักงานประชาไท

258 วันที่เว็บไซต์ประชาไทดอทคอมถูกปิดกั้นโดยคำสั่ง ศอฉ. เกือบจะทันทีหลังจากที่มีประกาศใช้ พ.ร.ก.การบริหารราชการในสถานการณ์ฉุกเฉิน โดยประชาไทดอทคอม [http://www.prachatai.com] ซึ่งเปิดมาตั้งแต่ กันยายน 2547 ได้ถูกปิดกั้นการเข้าถึงทั้งเว็บไซต์เป็นครั้งแรกเมื่อวันที่ 8 เมษายน 2553 หากประเมินมูลค่าความเสียหายที่เกิดขึ้นมีมูลค่าไม่ต่ำกว่า 5 ล้านบาทตามการฟ้องเรียกค่าเสียหาย ซึ่งประชาไทได้ยื่นฟ้องรัฐบาลและศอฉ. ต่อศาลยุติธรรมและขณะนี้คดีอยู่ในการพิจารณาของศาลอุทธรณ์

อย่างไรก็ตามตัวเลขดังกล่าวยังไม่อาจนับรวมความเสียหายทางจิตใจ ชื่อเสียงและความสูญเสียโอกาสทางธุรกิจที่เกิดขึ้นซึ่งมีอย่างน้อย 2 ประการ ประการแรกบริการข่าว SMS ซึ่ง ประชาไทเริ่มเปิดบริการได้ไม่นาน และในห้วงเวลาของการที่สถานการณ์การเมืองที่ควรจะเป็นโอกาสอย่างยิ่งสำหรับ ผู้ประกอบกิจการด้านข่าวสารเนื่องจากประชาชนกำลังต้องการรับรู้ข่าวสาร ผู้ให้บริการ SMS ได้แจ้งขอยุติการให้บริการโดยอ้างเหตุแห่งการที่เว็บไซต์ประชาไทดอทคอมถูกคำสั่งปิดกั้นโดย ศอฉ. โอกาส ทางธุรกิจประการที่สองคือรายได้จากการโฆษณาเพราะเพียงไม่กี่วันก่อนหน้าที่ จะมีคำสั่งปิดกั้นการเข้าถึงเว็บไซต์ ประชาไทเพิ่งประชาสัมพันธ์การขายพื้นที่โฆษณาบนเว็บไซต์ และเมื่อเว็บไซต์ถูกปิดกั้นดังกล่าว ย่อมก่อให้เกิดความไม่มั่นใจและความหวั่นกลัวสำหรับธุรกิจที่จะลงโฆษณาใน ประชาไท

ในโอกาสที่คณะรัฐมนตรีมีมติให้ยกเลิกการบังคับใช้ พ.ร.ก.ฉุกเฉินฯ ประชาไทเห็นว่าเป็นความจำเป็นที่จะต้องนำเสนอผลกระทบและมูลค่าความเสียหายอันเนื่องมาจากคำสั่งปิดกั้นสื่อภายใต้ พ.ร.ก.ฉุก เฉิน เพื่อให้รัฐบาลซึ่งเป็นผู้มีอำนาจในการบังคับใช้กฎหมายได้ดำเนินไปโดยหลัก แห่งความเป็นธรรมทางกฎหมายมากกว่าจะเป็นไปในลักษณะอำเภอใจ ดังที่เกิดขึ้นในห้วงเวลากว่า 8 เดือนภายใต้ ศอฉ. ซึ่งพบว่ามีเว็บไซต์หลายหมื่น URLs ดังรายงานของ iLaw.or.th ที่ ศึกษาร่วมกับคณะนิติศาสตร์ มหาวิทยาลัยธรรมศาสตร์ อ้างข้อมูลแหล่งข่าวผู้ให้บริการอินเทอร์เน็ตซึ่งได้รับรายการคำสั่งให้ปิด กั้นการเข้าถึงเว็บไซต์

หาก พิจารณาลงไปในรายละเอียดของเว็บไซต์ที่ถูกปิดกั้นพบว่าในหลายกรณีเป็นการปิด กั้นในลักษณะครอบคลุมกว้างขวาง ไม่ว่าจะเป็นการปิดกั้นทั้งเว็บไซต์ซึ่งหลายกรณีไม่ได้เป็นเว็บไซต์ที่ เกี่ยวข้องกับการเมืองแต่อย่างใด เช่น เว็บไซต์ที่ให้บริการถ่ายทอดสด อาทิ www.justin.tv , www.ustream.tv , การ ปิดกั้นเนื้อหาที่นำเสนอรายงานเหตุการณ์ที่เกิดขึ้นในการชุมนุมรวมถึง ปฏิบัติการของเจ้าหน้าที่รัฐในการปราบปรามและสลายการชุมนุม โดยการปิดกั้นรายงานของนักข่าวในสนามไม่ว่าจะเป็น บันทึกของ “นิค นอสติตซ์เล่าเรื่อง “ในเขตสังหาร”, รายงานข่าวของ Spring News ในเหตุการณ์ที่พลทหารถูกยิงเสียชีวิตซึ่งคาดว่าจะมาจากการยิงพลาดของเพื่อนทหารด้วยกันเองในเหตุปะทะที่ดอนเมือง, สัมภาษณ์ พยานในเหตุการณ์วัดปทุมวนารามของประชาไท และรายงานของนักข่าวพลเมืองที่ร่วมอยู่ในเหตุการณ์ซึ่งบันทึกวิดีโอเพื่อบอก เล่าเหตุการณ์ผ่าน เว็บไซต์ youtube และ vimeo

ดังนั้นหากพิจารณาจากลักษณะของเนื้อหาจำนวนหนึ่งที่ถูกปิดกั้นจึงกล่าวได้ว่า “เป็นการปิดปากเพื่อปิดหูปิดตาประชาชน”

สำหรับ ประสบการณ์ของประชาไทในการถูกปิดกั้นในครั้งนี้ ต้องเผชิญกับการปิดกั้นโดยต่อเนื่อง และมีความพยายามในการปิดกั้นทุกช่องทาง เว็บไซต์ข่าวประชาไทเปลี่ยนชื่อเว็บไปทั้งหมด 8 ครั้ง และเว็บบอร์ดประชาไทเปลี่ยนชื่อ 3 ครั้ง ก่อนที่ประชาไทจะตัดสินใจปิดเว็บบอร์ดไปเมื่อวันที่ 31 กรกฎาคม ที่ผ่านมา นอกจากนี้ยังมีการปิดกั้นช่องทาง Social Networks  ทั้งหลายไม่ว่าจะเป็น Facebook/prachatai, ทวิตเตอร์ทั้ง 3 บัญชี @prachatai ,  @prachatai_en, @prachatai_wb ตลอดจนช่อง youtube ของประชาไท YouTube/user/prachataiความพยายามปิดกั้นกระทำทั้งโดยการปิดกั้นชื่อเว็บ, การปิดกั้น IP, การปิดกั้นที่เซิร์ฟเวอร์ เป็นเหตุให้ประชาไทต้องย้ายไปใช้บริการเซิร์ฟเวอร์, การ จดทะเบียนชื่อเว็บและอื่นๆเกือบทั้งหมดในต่างประเทศ เพื่อเป็นหลักประกันในการที่เว็บจะสามารถเข้าถึงได้ และเป็นหลักประกันเรื่องความปลอดภัยสำหรับข้อมูลของผู้ใช้งานที่จะไม่ถูก เข้าถึงและคุกคามโดยรัฐ ซึ่งการต้องอาศัยบริการในต่างประเทศก่อให้เกิดค่าใช้จ่ายที่สูงกว่าที่ควร และยังเป็นการสูญเสียรายได้ที่ควรจะหมุนเวียนอยู่ในประเทศเพื่อพัฒนาธุรกิจ/ความ ก้าวหน้าของอุตสาหกรรมเทคโนโลยีข่าวสารก็ต้องรั่วไหลออกไปสู่ต่างประเทศ ซึ่งแนวโน้มในลักษณะดังกล่าวนี้จะยังคงมีอยู่ต่อไป ภายใต้สถานการณ์ที่ยังมีการปิดกั้นและคุกคามสื่อออนไลน์และพลเมืองเน็ต

สิ่งสำคัญที่สื่อสารมวลชนจะต้องตระหนักและร่วมกันเฝ้าตรวจสอบการแปลงโฉมจาก ศอฉ. มาเป็น ศตส. โดยอาศัยการบังคับใช้ พ.ร.บ.ความมั่นคงภายในฯ แทน พ.ร.ก.ฉุก เฉินฯ ดังนั้นอำนาจพิเศษตามกฎหมายซึ่งมีลักษณะพิเศษที่กระทบต่อสิทธิเสรีภาพและ ความมั่นคงของพลเมืองยังคงมีอยู่ อย่างไรก็ตามขอบเขตอำนาจของ พ.ร.บ.ความมั่นคงภายในฯไม่ได้มีอำนาจในการปิดกั้นสื่อ และเมื่อมีการยกเลิกการการบังคับใช้ พ.ร.ก.ฉุกเฉิน ในพื้นที่กรุงเทพฯและปริมณฑลย่อมถือว่าการปิดกั้นการเข้าถึงเว็บไซต์หลายหมื่นยูอาร์แอล (URLs) จึงเป็นการปิดกั้นที่ไม่มีกฎหมายรองรับแต่อย่างใด


JVC Unjustly Discriminates Against Burmese Migrant Women Workers Who Claim Worker Rights

We, the undersigned 71 civil society organizations and groups, would like to express our serious concern that JVC has indicated that they will not re-new the employment contracts of Pa Pa Aye and 15 other Burmese women migrant workers, who lodged a claim at the Labour Department claiming worker rights that the JVC company had violated, amongst them the wrongful deduction of their wages to recover levy that employers have to pay when they employ foreign workers. The other 7 workers, who complained, whose contract was renewed in August, will also be terminated and repatriated. The information contained in this statement has been provided by the affected workers.

JVC has its factory at Lot. No.1, Persiaran Jubli Perak, Jalan 22/1, Section 22, Shah Alam, 40702 Shah Alam, Selangor, Malaysia, and they manufactures cameras, video cameras and audio equipment components, amongst others.

On 21/7/2010, Pa Pa Aye and 22 other women migrant workers lodged a complaint at the Subang Jaya Labour Office in Malaysia. Amongst their demands were for the return of monies wrongly deducted from their wages for levy the employer had to pay to the Malaysian government for employing migrant workers, other unlawful deductions like transfer fees, saving funds, etc amounting to about RM3,500-00, and for the return of the Passports which are still wrongly being held by  the employer . They were also claiming for the balance of the wages that they were entitled. According to the workers, the employer was to pay them much more about RM50 per day but they were only paid the sum of RM23.

On 6/8/2010, after night shift when the women workers were being transported back to their homes, their bus took a different route, and suddenly stopped where the agent was waiting. The agent then called one of the Burmese women migrant workers who had complaint to the Labour Department and asked her to leave the bus and follow him. The workers suspected that the agent was trying to get the worker sent back to Burma, and they stood together and prevented the agent from taking the worker. The workers then lodged a police report about this incident. There have also been other cases of harassment, whereby in one incident 3 men entered the women’s hostel and threatened them.

The workers, through their representatives, which included an officer from the Malaysian Trade Union Congress (MTUC) also complained about this incident to JVC, and JVC gave the assurance that this will not happen again and they guaranteed that all workers could continue to work in JVC.

On 12/8/2010, the agent tried to force the workers to sign a new contract, but all workers refused to sign it. The pressure on the workers to sign the new contract took place at the factory compound. Later on the same day the JVC’s Human Resource Manager, one Mr. Mazlan, and the HR Assistant Manager, one Ms. Ida, also tried to pressure the workers to sign the new contracts. The new contract was written in English only (just like their old contract). The workers to date do not have a copy of their old contract, as they were never given a copy. The new contract allegedly stated that their daily salary will be reduced to RM21, which is RM2 less than what the workers have been getting until now.

On 25/8/2010, the Burmese workers informed us that JVC had summarily dismissed 30 Sri Lanka women migrant workers in retaliation for their demand that JVC pay them their promised monthly salary of RM750. After the dismissal JVC and the agent, Fast Link Trans, began forceful repatriation of the workers. On 28/8/2010, 8 Sri Lankan workers were allegedly sent home. These workers apparently never received the amount owing them and/or any compensation for premature termination of their contract.

On 8/9/2010, JVC’s Human Resources Officer, in the presence of the Labour Officer and the agent’s representative from a company known as Fast Link Trans, tried to return to the Burmese workers the amount they said was the levy that had been wrongfully deducted from the wages and asked the workers to sign a document which was in English. The workers refused as the amount offered was far less than the sum deducted, and  they did not want to sign any document which was in a language they did not know.

The company also refused to give a copy of the document to enable them to get an independent person who spoke Burmese to translate its contents to them.

On 28/9/2010, the agent informed the workers that when their current annual contract expires, their contracts will not be renewed and they will all be sent back to Burma. The contracts of 15 of these workers’ contract will expire in October, and the rest by the end of the year. Pa Pa Aye’s own contract expires in early November. The contracts of 7 others which expired in August have already been renewed. Later, on about 7/10/2010, the agent informed the workers that all 23 of them will be terminated and sent back to Burma. The process of forced repatriation of the Burmese workers has already begun with one worker being sent back to Burma on 9/10/2010.

It must be stated that according to the workers, when they came to Malaysia to work with JVC the agreement was that they will be employed for a period of at least 3 years, but when they arrived and started working, they were made to sign 1-year contracts with the verbal assurance that it will be renewed every year for at least a total of 3 years. The threat of early termination and deportation is also wrong and discriminatory as JVC has continued to renew contracts of others who had started work around the same time as these Burmese migrant workers.

Any early termination, and/or non renewal of the 1-year employment contracts by JVC can reasonably be seen as a retaliation of the company against workers who have elected to claim their rights as workers. Their case at the Labour Department is pending, and a termination and repatriation back to Burma will mean that the workers will not be able to continue to pursue their claim in the Labour Department/Court as the presence of the worker in the hearing of their claims against the employer is compulsory, and their absence will mean that their case will just be struck off,

We, the undersigned groups, call upon JVC to respect worker rights and their right to access to justice and not cause these 23 Burmese workers to be terminated and deported.

We  urge that JVC to respect the law and the legal process initiated by the lodging of the complaint by the workers at the Labour Department, and to respect and abide with the outcome of the hearing at the Labour Court. Workers should not be terminated and/or discriminated against by reason of the fact that they choose to demand for their rights or better rights as workers. For those who have already been repatriated back to their country of origin, including those workers from Sri Lanka, JVC must compensate them for their expenses in coming to Malaysia to work, and for the early termination of their employment.

We call on JVC to act justly and not to terminate these workers, and to renew their contract so that they can pursue their claims until completion. JVC should also adhere to their earlier promise that these workers will be employed for a period of at least 3 years, for migrant workers do expend a lot of money (850-1,000 USD) when they do come to Malaysia to work and any early termination and breach of rights will only leave these workers in a worse situation as they may not be even to settle the debts they incurred in coming here to Malaysia to work.

We call on Human Rights Commission of Malaysia (SUHAKAM) to inquire into this complaint concerning the violation of worker rights by JVC.

We also call on the Malaysian government and the Human Resource Minister to ensure that no workers are terminated and/or discriminated against by reason of the fact that they have stood up to claim their rights as workers.

The Malaysian government should also ensure that no migrant worker is terminated and/or repatriated back to their country of origins until the employer has fully settled all outstanding worker claims and/or payments. If migrant workers are terminated, the Malaysian government must ensure that these workers are allowed to stay and work legally in Malaysia until all outstanding claims and legal processes are settled. If special passes and visas are required to ensure workers ability to stay and work legally, it must be given gratis without requiring the workers to pay anything. Worker cases must be expedited, and independent translators should be available at all Labour Departments and courts.

Labour rights must take precedent over immigration law. Do not deport until worker claims are determined and settled by Labour Department and/or courts.

Charles Hector

Pranom Somwong

For and on behalf of the following 71 organizations

ALIRAN,

Asia  Pacific Forum on Women ,Law and Development ( APWLD)

Asia Pacific Mission for Migrants (APMM)

Asian Migrants Center (AMC)

Assistance Association for Political Prisoners (Burma)

BAYAN USA

BUGKOS

Building and Wood Workers International Asia Pacific Regional Office

Burma Campaign, Malaysia

Burmese Women’s Union (BWU)

Coalition To Abolish Modern-Day Slavery In Asia

Committee for Asian Women (CAW)

Community Development Services (CDS), Sri Lanka

Coordination of Action Research on AIDS & Mobility (CARAM-ASIA)

Democratic Party for a New Society (DPNS), Burma

FICAP – Aichi

Filipino Migrants Center – FMC

Forum for Democracy in Burma

GABRIELA – Japan

Gabriela-Taiwan

Grassroots Human Rights Education & Development (GHRE-FED), Thailand

Human Rights Education Institute of Burma

IHI Action Group (Iwi Have Influence), New Zealand

IMA Research Foundation, Bangladesh

Kachin Women’s Association, Thailand

KAFIN – Nagoya

KL & Selangor Chinese Assembly Hall Youth Section

League of Filipino Seniors (LFS)

Legal Support for Children and Women (LSCW), Cambodia

MADPET – Malaysians against Death Penalty and Torture

Malaysia Youth and Students Democratic Movement (DEMA)

MAP Foundation, Thailand

May 1st Coalition, Co-Coordinator, USA

Mekong Migration Network ( MMN)

Migrante Aotearoa New Zealand

Migrant Forum in Asia (MFA)

Migrante-Denmark chapter

Migranteng Ilonggo sa Taiwan

Migrante International

Migrante international – Hsinchuang chapter

Migrante International – Taiwan chapter

Migrante-Middle East and Migrante-Saudi Arabia chapter

MIGRANTE – Nagoya

Migrants  Trade Union (MTU), Korea

Migrant Workers Network – New Zealand

National League for Democracy [NLD (LA)], Malaysia

Nepal Institute of Development Studies( NIDS) ,NEPAL

Network for Empowerment of Women in Vietnam

Network of Action for Migrants in Malaysia (NAMM)

Parti Rakyat Malaysia (PRM)

Penggerak Belia Zon 23 MPSJ, Malaysia

Persatuan Masyarakat Selangor & Wilayah Persekutuan, Malaysia

Persatuan Penduduk Taman Muhibbah, Malaysia

Persatuan Prihatin Komuniti KL & Selangor

Philippine Society in Japan – Nagoya

PINAY (Montreal)

Pusat Komas, Malaysia

Persatuan Sahabat Wanita Selangor, Malaysia

Shan Refugee Organization (Malaysia)

Shan Women Action Network (SWAN), Thailand

Suara Rakyat Malaysia (SUARAM)

Tenaganita, Malaysia

The Federation of Trade Unions Burma (FTUB)

The Filipino Women’s Organization in Quebec

The National Human Rights Society (Persatuan Kebangsaan Hak Asasi  Manusia, HAKAM), Malaysia

The Shwe Gas Movement

Unite Union New Zealand

Women Empowerment Association

Workers Hub for Change (WH4C)

Yaung  Chi Oo Workers Association  ( YCOWA)

Yayasan Annisa Swasti (YASANTI), Indonesia


Sri Lanka’s disturbing actions met by ‘deafening global silence’

3 Aug 2010
Press Release by The Elders *

The Sri Lankan government’s clampdown on domestic critics and its disdain for human rights deserves a far tougher response according to The Elders. While welcoming the end of the decades-long civil war, the Elders say that meaningful progress on reconciliation in Sri Lanka is still desperately needed. They describe the international response to Sri Lanka’s worrying approach to human rights, good governance and accountability as a ‘deafening global silence’ that may encourage other states to act in a similar way.

The Elders have been following events in Sri Lanka closely since the last months of the civil war between government forces and the Liberation Tigers of Tamil Eelam (LTTE) in 2009. They have contacted the government of Sri Lanka and officials around the world to express their concerns about alleged violations of international humanitarian law and the need for actions that promote sustainable peace and reconciliation in the country. The Elders have noted some positive change since the end of the war, including greater economic activity in the north, and the return of some 260,000 displaced people to their home districts.

However, these signs of progress are tainted by intolerance of debate or dissent and a culture of impunity that protects those close to the government. The Elders now believe that the Sri Lankan government’s domestic conduct, as well as its recent unacceptable treatment of the United Nations in Sri Lanka warrants a firm, public response from its most influential friends – particularly China, India, Japan and the United States as well as the non-aligned group of countries.

Only the European Union has taken any direct action by suspending Sri Lanka’s preferential trading access (GSP Plus scheme) for its failure to respect its international human rights obligations.

Among recent events that most concern the Elders are:

  • The persecution, intimidation, assassination and disappearance of government critics, political opponents, journalists and human rights defenders.
  • Ongoing detention of an estimated 8,000 suspected ex-combatants without charge or access to legal representation, their families or independent monitors.
  • The government’s failure to withdraw wartime emergency laws more than a year after the end of the conflict with the LTTE.
  • Lack of action by the government to address the political marginalisation of ethnic minorities that was at the root of Sri Lanka’s thirty years of war.
  • Unacceptable behaviour towards the United Nations — including a siege by demonstrators of UN offices in Colombo, led by a Cabinet Minister — following the UN Secretary-General’s appointment of a panel of experts to advise him on accountability issues relating to alleged violations of international human rights and humanitarian law committed by both sides during the final stages of the conflict in Sri Lanka.

Archbishop Desmond Tutu, chair of The Elders said:

“The government of Sri Lanka needs to show a much greater commitment to achieving meaningful reconciliation. The ongoing persecution and disappearances of human rights activists, journalists and government opponents is truly terrifying.

“Unfortunately, previous internal commissions have done little to reveal the truth behind human rights abuses. It is doubtful that the President’s ‘Lessons Learned and Reconciliation Commission’ will help Sri Lankans to work towards lasting peace and reconciliation.”

Other members of The Elders say the weak international reaction to Sri Lanka’s actions may erode respect for the rule of law and human rights worldwide.

Kofi Annan, former UN Secretary-General said:

“There has been a deafening global silence in response to Sri Lanka’s actions, especially from its most influential friends. The international community cannot be selective in its approach to upholding the rule of law and respect for human rights. Impunity anywhere is a threat to international peace and security everywhere.”

Martti Ahtisaari, former President of Finland and international mediator said:

“Countries operating outside international norms watch each other carefully. They will be taking courage from Sri Lanka’s apparent success at avoiding international reproach. This is a worry for all those who want to see more democracy, greater respect for human rights and less violence in the world.”

Lakhdar Brahimi, former Algerian Foreign Minister and former UN envoy said:

“Sri Lanka has played a key role among countries of the Third World in their common stand against colonial domination, violent repression and denial of human rights. All those friends of Sri Lanka are duty-bound today to help this country consolidate peace and ensure that the causes of its terrible 30-year civil war are not allowed to lay the foundations for another conflict.

“Speaking out is neither unfriendly to the people of Sri Lanka, nor an interference in the internal affairs of its government. Quite the opposite: it is a strong manifestation of support for justice, peace and progress for all the people of Sri Lanka.”

Mary Robinson, former Irish President and former UN High Commissioner for Human Rights said:

“The EU’s suspension of Sri Lanka’s GSP Plus scheme is the right approach, but it’s not enough. Sustained pressure is necessary, not only to protect human rights in Sri Lanka, but to protect the rights of people everywhere. It is not just governments who can help improve the situation – anyone doing business in Sri Lanka or going there on holiday should also try to make choices that will help all its citizens to a more equitable and prosperous future.”

The Elders urge the international community and especially China, India, Japan and the United States to insist that the government of Sri Lanka takes the following actions:

  1. Withdraw wartime emergency legislation and make a public commitment to uphold the human rights of all citizens of Sri Lanka, including minorities.
  2. Allow immediate ICRC access to the estimated 8,000 people detained on suspicion of being ex-combatants.
  3. Co-operate with the UN Secretary-General’s panel of experts on accountability, including granting visas if requested.
  4. Ensure that any prosecutions are based on evidence and not political expediency; cease political interference in the work of the judiciary.
  5. Allow domestic and international NGOs and media to carry out their work in Sri Lanka without harassment, intimidation or undue restrictions.
  6. Begin a meaningful process of consultation with people in the north and east of the country on land issues and economic development as well as constitutional reforms to address long-standing political marginalisation of ethnic minorities.
  7. Ensure the security of United Nations operations and personnel.

* About The Elders

The Elders are an independent group of global leaders, brought together by Nelson Mandela in 2007, who offer their collective influence and experience to support peace- building, help address major causes of human suffering and promote the shared interests of humanity.

The Elders are Martti Ahtisaari, Kofi Annan, Ela Bhatt, Lakhdar Brahimi, Gro Brundtland, Fernando Henrique Cardoso, Jimmy Carter, Graça Machel, Mary Robinson and Desmond Tutu (Chair). Nelson Mandela and Aung San Suu Kyi are honorary Elders.

More information at www.theElders.org.

See also: ‘Sri Lanka one year on from war’, Desmond Tutu and Lakdra Brahimi, The Guardian, May 2010


The root cause of boat people from Sri Lanka

Ms. Sara Nathan is an Austrailian Tamil, who had to flee Sri Lanka in a bid to save her life from the state sponsored-communal riots against minority Tamils in 1980s. She is also a human rights campaigner, tirelessly working for Tamil asylum seekers – or ‘boat people’ from Sri Lanka in recent terms- who desperate fled their ever dangerous country.

The decades-longed war in Sri Lanka was ended last year but in a way of massacre killing said-to-be tens of thousands civilians let alone those LTTE cadres including the surrendered.  May the civilized world bring one day these ‘possible’ war criminals in Colombo to the International tribunal, as they have been doing doing now in Cambodia…?

This is Sara’s statement regarding Tamil asylum seekers with critical comments on the opportunistic political areana in particularly Australia, but of course whole international community, commencing ‘herstory’.

Penseur21 -

—————-

By Sara Nathan

Sara Nathan recalls the horror she felt as a teenager 27 years ago when she watched Tamils in Colombo being massacred whilst the Police and Army watched on.  In this event alone, 3000 Tamils were killed and over 100,000 displaced and is \remembered by displaced Tamils all over the world as Black July. It was the last straw for Sara’s family and they left Sri Lanka in 1985. Tens of thousands of Tamils have been massacred by various Sri Lankan governments since Sri Lanka gained independence from the British in 1948.

Ms Nathan noted that the international community had welcomed the formation of the UN Advisory Panel, created by the UN Secretary General Ban Ki-Moon to advise on the accountability related to the violation of the international human-rights and humanitarian laws during the war between the government forces and the Tamil Tigers in Sri Lanka. However, she felt political opportunism in Australia has failed to restore morality to the “boat people” debate and also failed to focus on the root cause of boat people. She asks, “Why has the Australian Government not condemned Sri Lanka for disrupting Ban Ki-Moon’s representatives from doing their work when the UN office was attacked and police sent in to protect the UN officials were called off by the President’s own brother! If UN officials are unsafe in Sri Lanka, what hope is there for Tamils who are all branded as “Tigers” or “Tiger sympathizers”. “

In numerous discussions with the Australian Government, Ms Nathan and other well known long-term Tamil rights campaigners repeatedly warned that Tamils would leave Sri Lanka in droves if the war was not stopped. Ms Nathan said that it was important that aid to Sri Lanka had to be conditional and transparent and that the Foreign Minister, Stephen Smith should not have just visited  Sri Lanka’s capital cityColombo, to discuss border protection and not visit the internment camps or raise human rights issues with the Rajapakse regime. Ms Nathan noted that if Stephen Smith had gone to the camps in the presence of the media with independent Tamil translators, spoken to non-governmental representatives about the rape, torture and resettlement issues faced by Tamils, he would know exactly why Tamils are fleeing Sri Lanka on boats for Australia.

A Tamil man in one of a few IDPs camp in Batticaloa, the eastern province of Sri Lanka. Hundreds of IDPs in this camp fled from Mutur, Sampur or elsewhere in Trincomalee (upper east) in 2006 as the government forces launched offensive against Tamil Tigers. Even if a full scale of fighting in eastern province was over in the mid of 2007, the IDPs still have no clue when they could return home as of visiting time in the mid of 2009. (Photo @ Yu K. Lee)

A Tamil woman nurses her one year old baby, who was born in one of a few IDPs camp in Batticaloa, the eastern province of Sri Lanka. Hundreds of IDPs in this camp fled from Mutur, Sampur or elsewhere in Trincomalee (upper east) in 2006 as the government forces launched offensive against Tamil Tigers. Even if a full scale of fighting in eastern province was over in the mid of 2007, the IDPs still have no clue when they could return home as of visiting time in the mid of 2009. Sri Lankan government has declared Eastern Province ‘liberated from the LTTE’ 2007. The "liberated" east, however, witnessed abductions and violences committed by paramilitary forces and the armed forces. Ramnants of LTTE were also said to be active as of visiting time. (Photo @ Yu K. Lee)

Furthermore, while the current government is only too happy to talk and consult with the Sri Lankan Government, we are extremely disappointed that they are not speaking to Tamil leaders in Sri Lanka. It’s a very off-hand and archaic approach to a tragic humanitarian crisis. Day in and day out, Australian Government officials hear claims from Tamil asylum seekers of rape, torture, murder, harassment, persecution and of cultural and human genocide. The body of emerging evidence is overwhelming and too many unanswered questions remain which has prompted the UN to act. The Sri Lankan Government is not cooperating, acts in a dictatorial and arrogant manner and the Australian Government needs to distance itself from a regime which is under investigation for war crimes.

Ms Nathan advised that the President of the Canadian Tamil Congress Prof. Sri Ranjan said “this perhaps is the first war ever with such an alarming number of incidents of war crimes captured and saved by digital devices, and the civilized world is obliged to take tangible action.” Furthermore, the US Assistant Secretary of State Arthur Dewey who served in Sri Lanka as a member of the International Independent Group of Eminent Persons, observing Sri Lanka’s own investigation on human-right violations noted that “The Sri Lankan government has proven time and again that it’s unwilling to ensure accountability for serious violations.”

If Tamil people feel safe in their traditional homelands, they will not flee Sri Lanka. After all, the very same people who survived the tragic devastation of the Tsunami in 2005 did not flee Sri Lanka for Australia in boats. With the help of the international community and the Tamil Diaspora, they got back on their feet and tried to re-build their lives. Schools, homes and hospitals that were rebuilt in these exact same areas were destroyed by bombs as innocent civilians took shelter in them. It is human rights violations that are forcing people to risk their lives on leaky boats, keeping people smugglers in business and forcing Australia to spend millions of dollars in funding International Organisation of Migration and other organisations in the region.

Ms Nathan said that human rights issues warrant a bi-partisan approach so that they are not hijacked by racist and un-informed elements on talk-back radio. . The Australian Government must support the Tamil people’s right to self-determination and the UN’s war crimes advisory panel so that justice for hundreds of thousands of Tamil victims killed or displaced can ultimately lead to reconciliation and genuine peace in Sri Lanka. Ms Nathan said a global Boycott Sri Lanka movement was well underway. We are utterly disappointed with the attitude of Labor and the Liberals and so we are appealing directly to the Australian people who we know are fair and just. Australians supported Bob Hawke when he led the over-throw of the South African Apartheid regime and the release of Nelson Mandela who was imprisoned for over two decades because he was accused of being a “terrorist”. In the same way, Australians can stop the boats coming here by boycotting Sri Lanka. Do not drink Ceylon tea, do not travel to Sri Lanka, do not buy Sri Lankan garments made by GAP, Victoria’s Secret or Diesel and do not watch the Sri Lanka cricket team when they tour Australia in November this year.


Bridging Thailand’s Deep Divide

Report by International Crisis Group

Bangkok/Brussels  |   5 Jul 2010

The Thai government should immediately lift the state of emergency to create conditions for national reconciliation that would allow the building of a new political consensus and the holding of peaceful elections if the country is to return to stability.

Bridging Thailand’s Deep Divide , the latest report from the International Crisis Group, says the protracted tussle between the royalist establishment and those allied with ousted Prime Minister Thaksin Shinawatra has left the country deeply polarised. In April and May it sparked the most violent political confrontations in decades, killing at least 90 people, injuring nearly 2,000 and inflicting deep wounds on the national psyche. Shortly before authorising a violent crackdown on anti-government protestors by the army, the establishment-backed government of Abhisit Vejjajiva unilaterally offered to opposition groups a “roadmap” to national reconciliation. It now persists with this plan despite having created an atmosphere of repression where basic rights of the pro-Thaksin “Red Shirt” movement are denied by emergency laws.

“There is little prospect that genuine reconciliation will succeed when the offer comes from the same government directly responsible for the recent deadly crackdown on the Red Shirts and their ongoing repression”, says Jim Della-Giacoma, Crisis Group’s South East Asia Project Director. “The first gesture that might demonstrate a renewed commitment to building bridges would be to unconditionally and immediately lift the state of emergency”.

Empowered by the emergency decree imposed in 24 provinces – one third of the country – authorities have prohibited Red Shirts’ demonstrations, shut down their media, detained their leaders and banned financial transactions of their alleged financiers. Reconciliation when the government’s partners in resolving this conflict are on the run and denied their political rights is impossible. While the Red Shirts have no opportunity for open and peaceful expression because of draconian laws, their legitimate frustrations are being forced underground and possibly towards illegal and violent actions.

Establishing facts of the recent violence and holding perpetrators of the crimes on all sides accountable is another critical step on the road to reuniting the country. The Independent Truth and Reconciliation Commission headed by former attorney general Kanit na Nakhon should not only seek truth but also initiate prosecutions of those it finds to have committed violent acts. The government’s use of terrorism charges to go after Red Shirt leaders as well as Thaksin is inappropriate for what was mostly a peaceful political movement that did not target civilians. It is also short-sighted as these are the very people that will need to be brought into a national reconciliation process to address the difficult issues facing the country.

In the long run, Thailand needs to think deeply about much broader political reforms of its system of government, laws and constitution, including the role of the monarch and military. Wealth needs to be shared, justice delivered equitably, and power decentralised.

“An election that should be held as soon as possible will be the beginning and not the end of this process”, says Robert Templer, Crisis Group’s Asia Program Director. “Only a new government, with the legitimacy of a fresh mandate, if it is accepted by all sides, can move forward with such a complex reform agenda”.

for overview at

http://www.crisisgroup.org/en/regions/asia/south-east-asia/thailand/192-bridging-thailands-deep-divide.aspx

listen the explanation by Jim, the S.E director at

http://www.crisisgroup.org/en/publication-type/podcasts/thailand-bridging-the-divide.aspx

and full report in PDF at

http://www.crisisgroup.org/~/media/Files/asia/south-east-asia/thailand/192%20Bridging%20Thailands%20Deep%20Divide.ashx


Freedom of Expression news from Sri Lanka / April – May 2010

Compiled by a group of journalists working voluntarily

Released by Mediafreedom in Sri Lanka

========================================================

Killings:

1.    April/May 2010    – No killings of  journalists/media workers were reported

Abductions:

2. April/May 2010    – No abduction of  journalists/media workers were reported

Arrests:

3.    April/May 2010    – No arrests  of  journalists/media workers were reported

Assaults:

4. 05 May 2010       – Daily Mirror journalist assaulted

Senior Daily Mirror journalist Sandun A. Jayasekera was yesterday assaulted by some officers of the Presidential Security Division (PSD) in military uniform when he was covering an event attended by President Mahinda Rajapaksa at the Maharagama Cancer Hospital. According to Mr. Jayasekara the security officers had not allowed him to enter the premises to cover the event despite receiving an official invitation by the president’s media unit.

http://www.dailymirror.lk/print/index.php/news/front-image/9914.html

5. 30 May.2010       – Lanka newspaper journalists attackers

A journalist working for the ‘Lanka’  newspaper who was campaigning for an art festival in Moneragala was assaulted by a group of thugs headed by a regional politician in the area this evening, Lanka Editor Chandana Sirimalwatte told Daily Mirror online.     Sirimalwatte added that after the journalist was attacked his mobile phone was taken away. The assault had taken place after the journalist had taken a photograph of the vehicle the thugs had used.

http://www.dailymirror.lk/index.php/news/4035-lanka-scribe-assaulted-.html

Threats/Harassments :

6. 01 April 2010      – Minister threatens Jaffna editor

Douglas Devananda, a minister in Mahinda Rajapaksa’s cabinet and the leader of the paramilitary-cum-political party Eelam People’s Democratic Party (EPDP), has publicly warned the editor of Yarl Thinakural K. Vamathevan and its administrative manager A. Nadarajah for having published front page news on the attack on Sri Lanka Freedom Party (SLFP) candidate Ankajan, stating that the reporting has negatively affected election propaganda for his party besides damaging his reputation.

http://www.tamilnet.com/art.html?catid=13&artid=31470

7. 05 April 2010      – Provincial correspondent threatened by politician

Wasantha Chandrapala,a provincial correspondent of the Daily Mirror newspaper lodged a complaint with the Ampara police  claiming he was threatened over the phone by the former Director of the Civil Defence Force Rear Admiral (Rtd) Sarath Weerasekera. Wasantha Chandrapala had contacted Sarath Weerasekera to get a comment over an incident in Ampara when he was allegedly threatened.

http://www.dailymirror.lk/index.php/news/2880-journalist-lodges-complaint.html

8. 06 April 2010      – Fasting monks evicted, journalists harassed

Fort police evcted  a group monks who were on a fast unto death opposite the Fort Railway station to urge the government to release retired General Sarath Fonseka from detention. Journalists covering the scene were also harassed by the police. A photo journalist who was also subjected to harassment said he was grabbed by his shirt by policemen who used abusive language.

http://www.dailymirror.lk/print/index.php/news/front-image/7682-fasting-monks-forcibly-removed-.html

9. 21 April 2010      – Daily Mirror online team threatened

A Daily Mirror online team in Kandy to cover the General Elections repoll were followed and video taped by a provincial journalist on the instructions of the Nawalapitiya police, according to him, and even threatened the media team from Colombo. http://www.dailymirror.lk/index.php/news/3241-scribe-does-police-job.html

10. 21 May 2010       – Defense secretary against Sunday Leader

The Mount Lavinia Additional District Judge yesterday fixed for ex- parte trial the case filed by the Defence Secretary Gothabaya Rajapaksa claiming a sum of one billion rupees from ˜The Sunday Leader and its Publisher for publication of  a news item defamatory of the Defence Secretary.

http://www.dailymirror.lk/print/index.php/news/news/11159.html

11. 30 May 2010      – Two NGOS under attack

Pro government Sinhala weekly Irida Lankadeepa published a front page lead story saying Two NGOs working hard to stop GSP + concessions to Sri Lanka. Although the newspaper didn’t mention the NGOs by name  it is believed that newspaper story  was hinting about  Colombo based leading policy advocacy NGOs. http://epaper.lankadeepa.lk/index.php?option=com_flippingbook&view=

Censorships:

12. 03 May 2010       – Newspaper closed as proprietors left for safety

Siyatha, Sinhala language newspaper closed down as its proprietors have left the country for fear of reprisals. The newspaper was started by close associate of President Rajapaksha but the whole family left the country after they were informally accused of supporting opposition presidential candidate General Sarath Fonseka. Dozens of journalists and media workers lost their jobs as a result.

http://www.lankaenews.com/Sinhala/news.php?id=13661

13. 03 April 2010      – Magazines Himal And The Economist Detained

The March issue if the Himal magazine and April 3 issue of The Economist were          detained by the Customs Department due to two articles published in the two     publications. The controversial article in Himal is a comparison of President Mahinda        Rajapaksa and the late President J.R. Jayewardene while The Economist article deals        with    funds allocated through NGOs for projects in Sri Lanka.

http://www.thesundayleader.lk/2010/04/04/himal-and-the-economist-magazines-detained-by-customs-dept

See also: Himal And Economist Detained Without Any Legal Authority at http://www.thesundayleader.lk/2010/04/11/himal-and-economist-detained-without-any-legal-authority/

14. 03 April 2010      – Writer probe for radical links

A Sri Lankan woman taken into custody last month for writing books about her          conversion to Islam for Buddhism is being investigated for possible links to Islamic     extremists, police said Saturday.Last weekend, police said the woman, identified as      Malini Perera, was taken into custody under tough emergency laws over allegations           of “anti-state” activities but they did not elaborate

http://www.dailymirror.lk/index.php/news/2834-writer-probed-for-radical-links.html

15.  04 April 2010     – TNA should be banned – defense secretary

Recently, the influential Defence Secretary Gotabaya Rajapaksa, the brother of President Mahinda Rajapaksa, said that the party should be banned because it was asking for a federal set up with police powers for the provinces. To add to this, Maithripala Sirisena, a ruling party heavyweight, backed Gotabaya.

http://expressbuzz.com/world/tna-set-to-exploit-anti-govt-feeling-in-jaffna/162325.html

16. 22 April 2010      – 3 media institutions not allowed to cover parliament

Popular Sinhala TV station Sirasa, popular Sinhala news web site lankaenews and Sinhala language newspaper Siyatha was not allowed to cover the opening ceremony of new parliament held on 22 April 2010.All these media institutions are considered as not favorable to ruling party by  its leaders.

http://www.lankanewsweb.com/Sinhala/news/2010_04_22_006.html

17. 08 May 2010       – Defense ministry blocks media trainer

Sri Lanka Defence Ministry has blocked ‘Life Line’ resident advisor of ‘Internews’ Fiona Partol from coming to Jaffna to participate in a five-day training course for local media persons, media sources in Jaffna said. The Defence Ministry does not allow international media persons who are not supportive of the government to visit Jaffna and other areas in the North, the sources added. Recently a French journalist had been arrested and deported from Sri Lanka on the orders of Defence Ministry.

http://www.tamilnet.com/art.html?catid=13&artid=31708

Exiled:

18. April 2010            – 6 Journalists and 5 media workers leave the country

Few days before the general election five journalists and five media workers left l Sri Lanka for various threats and intimidation.

Releases:

19. April/ May 2010             – No released issued by local media organisations

No press releases on any FOE violations were issued by Sri Lanka media organisations during the period.

20. 22 April 2010      -  Post war Sri Lanka still dangerous for Journalists – CPJ

The Committee to Protect Journalists (CPJ), in its 2010 Impunity Index, ranks Sri Lanka number four among countries around the world where journalists have been murdered on a regular basis without the killers being prosecuted. http://www.srilankanewsnetwork.com/?p=1825

21. 23 April 2010      – Gang boss as deputy media minister – RSF

“In what country do you appoint an arsonist to put out fires?” Reporters Without Borders asked today after learning that Mervyn Silva, a politician notorious for insulting and physically attacking journalists, has been appointed deputy minister of media and information.

22. 17 May 2010       – IFJ Urges Speedy Processing of Tissainayagam’s Pardon

The International Federation of Journalists (IFJ) urges Sri Lanka’s Government to speed up its processing of a full and unconditional presidential pardon for senior Tamil journalist J.S. Tissainayagam.

23. 25 May 2010       – Country going wrong – CPJ

CPJ has launched a new report, In Sri Lanka, No Peace Dividend for Press. It takes a close look at the media in Sri Lanka, one year after the government declared a decisive victory over Tamil secessionists that ended 30 years of bitter, often genuinely suicidal ethnic conflict. In the years running up to that victory, Sri Lankan journalists who had dared to criticize the government found themselves under serious attack — ten have been killed for their work in the last decade, and many others have been harassed, arbitrarily jailed, temporarily “disappeared,” or otherwise seriously harassed.

Protests/Activities:

24. 18/May 2010      – Prageeth’s cartoon exhibition held

Cave arts of Prageeth Eknaligoda, journalist who disappeared on 24th December 2009 was held in Colombo on 18 and 19 May 2010. It was organized by Prageeth Eknaligoda Foundation. http://sunandadeshapriya.wordpress.com/2010/05/10/cave-art-of-21st-centuary-by-prageeth-elnaligoda/

Other FOE news:

25. 01 April 2010      – Guide lines for state media

The Supreme Court in Sri Lanka has directed the Election Commissioner to prepare a set of working guidelines for state media during elections. The directive by the Supreme Court (SC) requires election commissioner to prepare these guidelines that will force state media to act in a free and fair manner during the general election.

http://www.bbc.co.uk/sinhala/news/story/2010/04/100401_guidelines.shtml

26. 01 April 2010      – Lasantha murder accused freed

Police in Sri Lanka say they have released 17 soldiers detained on suspicion of killing or attempting to kill journalists and editors. The men were accused of being involved in the 2009 murder of newspaper editor Lasantha Wickramatunga and for the other attacks on journalists. Police told a court that there was no evidence against the group of soldiers.But police say more soldiers are being questioned over the editor’s murder and other attacks on media personnel.The Colombo magistrate ordered the police to submit a report on the progress of the investigations.

http://sunandadeshapriya.wordpress.com/2010/04/15/sri-lanka-accused-soldiers-freed-lasnatha-murder/

27. 20 April 2010      – Convert Sarah Malini released on bail

The Buddhist convert to Islam, Sara, alias Malani Perera who had written two books about her conversion from Buddhism to Islam and was in detention on the orders of the Defence Secretary from March 19  was released today on bail of Rs 5000 cash with two sureties for Rs 50,000 each  by the Colombo Additional Magistrate Mrs. Praharsha S. Ranasinghe.

http://www.dailymirror.lk/index.php/news/3225-convert-sara-released-on-bail-.html

28. 23 April 2010      – Mervin Silva becomes deputy media minister ( later resigned)

Controversial Member of Parliament Mervyn Silva who was well know for his anti media stunts including the forceful entry into the state owned Rupavahini was sworn in today as the Deputy Media Minister before President Mahinda Rajapakse. ( He was made to resign under pressure form adverse publicly)

http://www.dailymirror.lk/index.php/news/3308-mervyn-gets-media.html

29. April 2010          – Petition seeks Prageeth’s release

A petition has been filed in Court seeking the “release” of missing freelance journalist and cartoonist of Lanka E-News Prageeth Ekniligoda. The Petitioners cited DIG Nandana Manasinghe of the CID, OIC of the Homagama Police, IGP Mahinda Balasooriya and the Attorney General as respondents.

http://www.dailymirror.lk/index.php/news/3372-petition-seeks-scribes-release.html

30. 03 May 2010       – Tissanayagam pardoned

Sri Lanka’s External Affairs Minister, G.L. Peiris, announced at a press conference last week that President Mahinda Rajapakse had decided to grant a pardon to journalist J.S. Tissanayagam to mark World Press Freedom Day. Tissanayagam was convicted on trumped-up charges last August and sentenced to 20 years jail with hard labour in a decision that provoked outrage in Sri Lanka and internationally.

http://www.wsws.org/articles/2010/may2010/sril-m12.shtml

31. 08 May 2010       – Declaring assets not mandatory – media minister

Declaring assets and liabilities by journalists is not mandatory but it is optional, said Sri Lanka’s Minister for Media Keheliya Rambukwella after assuming the post. The government earlier declared that it is mandatory for journalists to declare their assets and liabilities. http://www.tamilnet.com/art.html?catid=13&artid=31704

32. 10 May 2010       – MTV attack suspects  released

The 14 suspects arrested over the recent attack on the MTV/MBC media office in Colombo were released on bail by the Colombo Fort Magistrate today. The suspects were earlier released on police bail but the Magistrate had reprimanded the police for doing so saying they should be presented in Court.

http://www.dailymirror.lk/index.php/news/3656-mtv-attack-suspects-released.html

33. 14 May 2010       – Lasantha Murder, suspect further remanded

The case pertaining to the Assassination of veteran journalist Lasantha Wickremathunga was taken up again today before the Mount Lavinia magistrate’s court.The Criminal Investigations Department (CID) told court that they were conducting investigations based on telephone numbers received from five transmission towers. The magistrate further remanded the suspect, who had been arrested over the alleged theft of Lasantha Wickremathunga’s mobile phone, until the 26th of this month and ordered the CID to submit a detailed report on investigations on this date.

http://www.newsfirst.lk/index.php?option=com_content&view=article&id=10726:lasanthas-murder-suspect-remanded-till-may-26&catid=97:news-items-2&Itemid=294

34. 26 May 2010       – Papers filed for Tissa release

An application has been filed for the withdrawal of an appeal filed by Senior Journalist J. S. Tissainayagam to process the Presidential pardon granted to him on the World Press Freedom Day on May 3.

http://www.dailymirror.lk/print/index.php/news/front-page-news/11528.html

35. 30 May 2010      – Exiled journalists are anti -country persons

Media minister Keheliya Rambukwells speaking to Sinhala language weekly Irida Lankadeepa said that he does not  want exiled journalists coming back to Sri Lanka as most of them are anti- country persons.

http://epaper.lankadeepa.lk/index.php?option=com_flippingbook&view=..

36. 30 May 2010       – 3rd death anniversary of slain Journalist held

Public organizations in Moo’laay in Jaffna observed Sunday the third death anniversary of Jaffna correspondent of Sakthi TV station, Paranirupasingam Thevakumar, 34, abducted while he was returning to his residence in Moo’laay and hacked to death in Kaakkaitheevu, a barren land near Naavaanthu’rai in Jaffna on 28 May 2008, in Ganesha Community Centre Hall in Moo’laay, sources in Jaffna said.

http://www.tamilnet.com/art.html?catid=13&artid=31869


Deadly shooting at peace and humanitarian aid activists

Press Release 05/31/2010

Uri Avnery: this night (May 31) a crime was perpetrated in the middle of the sea, by order of the government of Israel and the IDF Command
A warlike attack against aid ships and deadly shooting at peace and humanitarian aid activists
It is a crazy thing that only a government that crossed all red lines can do

“Only a crazy government that has lost all restraint and all connection to reality could something like that – consider ships carrying humanitarian aid and peace activists from around the world as an enemy and send massive military force to international waters to attack them, shoot and kill.

“Noone in the world will believe the lies and excuses which the government and army spokesmen come up with,” said former Knesset member Uri Avnery of the Gush Shalom movement. Gush Shalom activists together with activists of other organizations are to depart at 11:00 from Tel Aviv to protest in front of the prepared detention facility where the international peace activists will be brought.

Greta Berlin, the spokeswoman for the flotilla organizers located in Cyprus, told Gush Shalom activists that the Israeli commandos landed by helicopter on the boats and immediately opened fire.

This is a day of disgrace to the State of Israel, a day of anxiety in which we discover that our future was entrusted to a bunch of trigger-happy people without any responsibility. This day is a day of disgrace and madness and stupidity without limit, the day the Israeli government took care to blacken the name of the country in the world, adding convincing evidence of aggressiveness and brutality to Israel’s already bad international image, discouraging and distancing the few remaining friends.

Indeed, today a provocation took place off the coast of Gaza – but the provocateurs were not the peace activists invited by the Palestinians and seeking to reach Gaza. The provocation was carried out by Navy ships commandos at the bidding of the Israeli government, blocking the way of the aid boats and using deadly force.

It is time to lift the siege on the Gaza Strip, which causes severe suffering to its residents. Today the Israeli government ripped the mask of its face with its own hands and exposed the fact that Israel did not “disengage” from Gaza. Real disengagement from the area does not go together with blocking the access to it or sending soldiers to shoot and kill and wound those who try to get there.

The State of Israel promised in the Oslo Accords 17 years ago to enable and encourage the establishment of a deep water port in Gaza, through which Palestinians could import and export freely to develop their economy. It’s time to realize this commitment and open the Port of Gaza. Only after the Gaza port will be open to free and undisturbed movement, just like the Ashdod and Haifa ports, will Israel really have disengaged from the Gaza Strip. Until then, the world will continue – and rightly so – to consider the Gaza Strip under Israeli occupation and the State of Israel as responsible for the fate of the people living there.

Contact: Uri Avnery 0505-306449
Adam Keller, Gush Shalom spokesman 03-5565804 or 054-2340749 begin_of_the_skype_highlighting              054-2340749      end_of_the_skype_highlighting
Coalition Against the Siege Yacov – 050-5733276, 09-7670801, Sebastian -050-6846056

Greta Berlin  spokeswoman for flotilla organizers
35799187275

הודעה לעיתונות 31.5.2010

אורי אבנרי: בלב ים בוצע הלילה מעשה פשע בפקודת ממשלת ישראל ופיקוד צה”ל

התקפה מלחמתית על ספינות סיוע וירי קטלני על פעילי שלום וסיוע הומניטארי

היא מעשה מטורף שרק ממשלה שעברה כל גבול מסוגלת לעשותו

“רק ממשלה מטורפת שאיבדה כל רסן וכל קשר למציאות הייתה מסוגלת למעשה כזה – להתייחס לספינות הנושאות סיוע הומניטארי ופעילי שלום מכל רחבי העולם כאל אויב ולשלוח כוח צבאי אדיר כדי לתקוף אותן במים בינלאומיים, לירות ולהרוג. התירוצים השקרניים שמביאים דוברי הממשלה והצבא למעשה הזה לא ישכנעו איש בעולם” אומר חבר הכנסת לשעבר אורי אבנרי מתנועת גוש שלום. פעילים מגוש שלום ותנועות אחרות עומדים לצאת בשעה 11.00 מתל אביב לקיים הפגנת מחאה לפני מתקן המעצר אליו הובאו פעילי השלום הבינלאומיים.

גרטה ברלין, דוברת מארגני המשט הנמצאת בקפריסין, מסרה לפעילי גוש שלום כי חיילי הקומנדו הישראלים נחתו בהליקופטר על הספינות ופתחו מיד באש לעבר נוסעיהן.

זהו יום של חרפה למדינת ישראל, יום של חרדה בו אנו מגלים כי עתידנו הופקד בידי חבורה של אנשים חסרי כל אחריות שידם קלה על ההדק. זהו יום הוא יום של בושה וחרפה וגם שיגעון וטפשות ללא גבול, יום בו דאגה ממשלת ישראל להשחיר את שמה של המדינה  בעולם כולו, לספק הוכחות חדשות ומוחצות לתדמית הכוחנית והברוטאלית שכבר יצאה לישראל בזירה הבינלאומית, לייאש ולהרחיק את מעט הידידים שעוד נותרו לה.

אכן, היום התבצעה פרובוקציה מול חופי עזה – אך הפרובוקטורים לא היו פעילי השלום שביקשו להגיע לעזה על פי הזמנתם ובקשתם המפורשת של התושבים הפלסטינים. את הפרובוקציה ביצעו ספינות חיל הים וחיילי הקומנדו, במצוותה של ממשלת ישראל, כאשר חסמו את דרכן של הספינות והפעילו כוח קטלני.

הגיע הזמן להסיר  את המצור על רצועת עזה, הגורם סבל קשה לתושביה. היום קרעה ממשלת ישראל במו ידיה את המסכה מעל פניה וחשפה את העובדה כי מדינת ישראל לא “התנתקה” מעזה. מי שהתנתק באמת משטח אינו חוסם את הדרכים לשטח הזה ואינו שולח חיילים להרוג ולפצוע את כי מי משנסה הלגיע אליו.

מדינת ישראל התחייבה בהסכמי אוסלו לפני 17 שנה לאפשר וגם לעודד הקמת נמל עמוק מים בעזה, דרכו יוכלו הפלסטינים לייבא ולייצא באופן חופשי ולפתח את כלכלתם. הגיע הזמן לממש את ההתחייבות הזאת ולפתוח לרווחה את נמל עזה. רק ברגע שיפתח נמל עזה לתנועה חופשית ובלתי מופרעת, בדיוק כמו בנמל אשדוד ובנמל חיפה, תסתיים באמת התנתקותה של ישראל מרצועת עזה. עד אז, ימשיך העולם – ובצדק – לראות את רצועת עזה כנתונה לכיבוש ישראלי ואת מדינת ישראל כאחראית לגורל התושבים בה.

לפרטים:   אורי אבנרי 0505-306449 begin_of_the_skype_highlighting              0505-306449      end_of_the_skype_highlighting

אדם קלר, דובר גוש שלום 03-5565804 begin_of_the_skype_highlighting              03-5565804      end_of_the_skype_highlighting או 054-2340749 begin_of_the_skype_highlighting              054-2340749      end_of_the_skype_highlighting

קואליציה נגד המצור יעקב- 050-5733276, 09-7670801,  סבסטיאן-050-6846056

גרטה ברלין דוברת מארגני המשט  מדברת אנגלית

+357 99187275 begin_of_the_skype_highlighting              +357 99187275



Burma on the brink of civil war‏

May 4, 2010

Burma is drawing severely close to widespread civil war. Tensions between the ruling military junta and numerous ethnic armed forces have reached their highest in 20 years and look likely to cause an eruption of violence in coming months.

Continued demands from military rulers, the State Peace and Development Council (SPDC), on all non-state armed groups to join the national forces continue to be rejected, leaving over a dozen decades-old ceasefires perilously under threat. In a country where civilians are routinely targeted by the government as part of military strategy, the expected outcomes are nothing short of horrific.

On April 28th, the final deadline passed for all of Burma’s ceasefire armies to accept the junta’s Border Guard Force plan, a process that aims to bring them under direct state control and work to eradicate all remaining insurgents. Determined to stay autonomous until their people are given greater rights to civil, political and humane justice, almost all groups have rejected the plan calling for a political dialogue to achieve national reconciliation.

As SPDC troops move in on “ceasefire zones”, thousands of civilians have been forced to flee their homes, many not for the first time, in search of refuge. Some have moved into Thailand across its northern and western borders while others have remained in Burma fleeing to the jungle or deeper into ceasefire zones. There are an estimated 1-3 million internally displaced people in Burma and over 150,000 refugees in Thailand. These figures could rise dramatically if the SPDC carries out its threats that “war will break out like it did in 1989.”

During the month of April, numerous statements were made by ethnic leaders calling for peaceful solutions to the nation’s protracted military and political tensions. However these requests have been met with persistent threats of violence from the ruling State Peace and Development Council (SPDC) forcing the groups to prepare for battle.

After almost a year of threats from the SPDC, speculation that conflict would reignite appears to be becoming a reality. Everyday seems to take Burma a step closer to widespread civil war and it is fast becoming a question of not if but when. The clearest indicators that heightened conflict is imminent have been shown by the civilians who have fled their homes, stopped trading or put prices up on their market stalls. For the older generations who experienced widespread civil war in the 1980s these are likely all warning signs of a return to the struggle of living amongst conflict.


Kim Jolliffe
Advocacy Manager
Worlwide Impact Now


Conflict Risk Alert: Thailand

INTERNATIONAL CRISIS GROUP

Bangkok/Brussels, 30 April 2010: The Thai political system has broken down and seems incapable of pulling the country back from the brink of widespread conflict. The stand-off in the streets of Bangkok between the government and Red Shirt protesters is worsening and could deteriorate into an undeclared civil war. The country’s polarisation demands immediate action in the form of assistance from neutral figures from outside. It is time for Thailand to consider help from international friends to avoid a slide into wider violence. Even the most advanced democracies have accepted this.

Situation on the Ground

So far, at least 26 people have died in clashes between the military and the Red Shirts, a group of mostly rural and urban poor more formally known as the “United Front for Democracy Against Dictatorship (UDD)”. That number could rise sharply if the military moves to dislodge thousands of protesters camped in the centre of the capital. The Red Shirts demand the immediate dissolution of parliament and quick new elections; Prime Minister Abhisit Vejjajiva has refused and handed control of security to the military.

Bangkok is tense. The Red Shirts have ground the capital’s bustling commercial hub to a halt. Businesses in the area have been shuttered for weeks and residents have voluntarily relocated to avoid being caught in clashes between soldiers and protesters positioned only metres from their doors. The city has been hit by dozens of explosions by unidentified assailants while many nervously await an expected army operation to “remove” the Red Shirts from the streets.

Local efforts at mediation have failed. Civil society groups brought the government and the protesters together but the talks faltered over when to dissolve parliament. The Red Shirts offered a 30-day deadline; Abhisit was only willing to agree to go to the polls within nine months. The fault lines are widening between the establishment – an amalgam of elderly courtiers, powerful generals and many middle class supporters – and the protesters, many of whom support former Prime Minister Thaksin Shinawatra.

While some blame Thaksin for the stand-off, the protests have moved far beyond his control. Many Thais are deeply disillusioned by an elite that denied them the fruits of development for decades and then ousted a government elected mostly by the rural poor. Thailand is a country prone to violence, with a history of bloody insurgencies and authoritarianism – an uncomfortable reality for most Thais to accept. Violence in Bangkok could spread if there is a crackdown.

This crisis comes as the country is facing its first prospect of royal succession in more than six decades. The monarch may no longer be in a position to resolve disputes, and even if he is willing, the current crisis is more complex than previous ones where he stepped in. An unsuccessful intervention could damage royal prestige and the throne’s moral authority.

The government must recognise that a violent crackdown would severely damage them and likely lead to more conflict. The UDD leadership must also accept that further provocations or violence will only do more damage to their democratic credentials, as well as undercut the credibility of their entire campaign for change.

What Should Be Done

The following steps should be taken urgently:

  • The creation of a high-level facilitation group of international figures. Nobel Laureate and Timor Leste President Jose Ramos Horta is already in Bangkok at his own initiative and could be joined by other figures, perhaps drawn from The Elders or from the ranks of former top senior government officials with experience in Thailand.
  • This group, which should be joined by independent Thai figures, should bring together the government and Red Shirts to encourage immediate steps to prevent violence, such as ending the military operation; the self-limitation of protests to a small, more symbolic number of people who do not disrupt life in Bangkok; and the formation of a national unity committee that pulls together people from all walks of life.
  • This committee should begin negotiations, facilitated by the international group, on an interim government of national unity and preparations for elections, although these will be controversial and should not be rushed into as quickly as demanded. The government must be led by someone from parliament but should be made up mostly of neutral, respected individuals from across society.
  • The committee should also facilitate the formation of an independent body to investigate the 10 April clashes between the security forces and Red Shirt protesters at Democracy Monument, as well as other violent incidents related to the current demonstrations.

Once the immediate crisis is defused, with a rapid return to the rule of law, political negotiations may require some time as they will involve confidence-building measures, including accountability on both sides for the violence. Politics needs to return to parliament. Thai political life will have to be refreshed with new elections and, perhaps, a new constitution to replace the country’s military-influenced charter.


Joint Statement on May Day : 2010

All over the world workers are organising. We are organising to demand a living wage. For health & safety at work. For compensation & rehabilitation. For the  rights  of migrant workers and  refugees, for citizenship rights for migrant workers and their families. For the right to employment on equal terms. Workers are organising against deportations, against racism, against discrimination. Workers are organising against wars that are a disaster to millions of workers.

Workers are organising for secure jobs. Against  casualisation,  contracting out & outsourcing. Workers are organising for the rights of women workers. For better working conditions, to stop work becoming harder, faster, more stressful and dangerous. For shorter working hours, for paid leave and paid  holidays. For affordable housing and health care. For free education and welfare, against child labour and poverty and inequality. Workers are organising for the rights of Indigenous communities who have been stripped of their land and resources. Workers are organising to fight discrimination against minorities, women, lesbians & gays.

While we struggle against these problems, we see that our planet is being ruined through reckless, wasteful and unsustainable production for profit.

Workers can fix these problems. Workers can reorganise all industry to produce for peoples’ need instead of profit. Resources can be distributed to people and places who need them so that our children will have a future.

To do this workers have to dismantle imperialism and the capitalist system. We need to make decisions together in our own workplaces, unions & political organisations about the way production and sharing need to be restructured. We need this. We have the numbers.
We control production. Capitalists will be defeated.

Endorse by:

Working People Association (Indonesia)

Socialist Worker (Selandia Baru)

Socialist Alternative (Australia)

Socialist Alliance (Australia)

Partido ng Manggagawa (Philippina)

Partido Lakas ng Masa (Philippina)

Socialist Party of Malaysia

Socialist Party (Australia)

Unite (Australia)

Latin America Solidarity Network (Australia)

Peace and Justice for Colombia (Australia)

National Organization of Self Employed Handloom Weavers Workers (Bangladesh)

Progressive Labour Party (Australia)

Workers Rights Coalition (Australia)

Committee for Asian Women (Thailand)

China Labor Forum (ChinaWorker)

Migrant Workers Solidarity Network (Bangladesh)

Communications Union CEPU (T&S Vic – Australia)

Guyana Agricultural and General Workers Union

National Garment Workers Federation (Bangladesh)

People for Human Rights and Equality (Australia)

Confederation Congress of Indonesia Unions Alliance

Pakistan Labour Federation

Migrants Rights Council (India)

Revolutionary Socialist Party (Australia)

Anatolian Cultural Centre (Australia)

Peoples Democratic Party (Indonesia)

Disability Support Pensioners (Australia)

Solidarity (Australia)

Trade Unions of the Philippines and Allied Services (Philipine)

National Workers Unity (Bangladesh)

International Textile, Garment and Leather Workers’ Federation Philippines Council

Chennai Metro Construction & Unorganised Workers Union Tamilnadu (India)

All Pakistan Federation of United Trade Unions (Pakistan)

Kesatuan Kebangsaan Pekerja-Pekerja Perusahaan Alat-Alat Pengangkut Dan Sekutu (Malaysia)

G.R.S.E Workmen’s Union (India)

Korea Federation of Construction Industry Trade Unions (Korea)

Textile Garments Workers Federation (Bangladesh)

Workers’ Liberty (Australia)

New Trade Union Initiative (India)

Bangladesh Garment Workers Employees Federation (Bangladesh)

Australian Nursing Federation (Vic Branch-Australia)

Campaign for International Co-operation and Disarmament (Australia)

The Conch (Australia)

Humanitywatch (Bangladesh)

International Migrant Alliance Research Foundation (Bangladesh)

Lembaga Informasi Perburuhan Sedane (Indonesia)

Maritime Union of Australia (Vic Branch-Australia)

Communist Party of Australia

Australia Asia Worker Links (Australia)

Asia Pacific Workers Solidarity Links (Korea)

All India Association of Inspectors and Assistant Superintendents Post (India)

All India Federation of University and College Teachers Organisations (India)

Cathay Pacific Airways Flight Attendants Union (China, Hong Kong)

Pakistan Workers Federation (Pakistan)

Global Peace Pioneers (Pakistan)

Red Flag Women’s Movement (Sri Lanka)

Industrial Workers of the World (Australian Regional Organising Committee)


Further bloodshed must be avoided at all costs

Asian Human Rights Commission(AHRC)

This evening, April 21, there are many disturbing reports of a possible new attack to disperse anti-government protestors that have continued to assemble in Bangkok, calling for the unelected premier, Abhisit Vejjajiva, to step down and for new elections to be held. There are grave and legitimate fears that further violence is imminent and that more lives will be lost. On April 10, at least 25 people died and hundreds were injured when the army moved on assembled demonstrators. Although the government denied that the military on that occasion used live ammunition, all evidence is to the contrary.

The government of Thailand should by now be aware that the use of soldiers to dislodge these demonstrators is totally counterproductive. Not only has it failed in its basic objective, but it has also again dragged the country’s reputation to new lows, ironically, just as its diplomats are bidding for a seat on the United Nations Human Rights Council. The government must know that it will face worldwide opprobrium if security personnel again attack and kill demonstrators.

But beyond the condemnation and outrage at home and abroad, it must also recognize that what is at stake in Thailand today is not the stability of a district or accessibility of a street, but the future of a society.

In dealing with the demonstrators, the government must bear in mind that it alone has the capacity to completely destroy respect for state institutions through rash and disorganised responses. Although others can damage these institutions, it is the persons responsible for their upkeep who can cause truly great and lasting damage. The deep loss in public respect for state institutions over recent years, especially loss of confidence in the judiciary, is primarily a consequence not of public actions but of the wrongheaded and ill-intended acts of successive administrations. Any resort to violence now will only further diminish the standing of key state agencies, causing further setbacks to the decades-long project to build rational institutions for a humane and intelligent society.

The Asian Human Rights Commission urgently reminds the government of Thailand of the special responsibility that it has to respond carefully to a complicated situation. The government cannot absolve itself of this obligation. Nor do the exigencies of the present circumstances make it less pressing; on the contrary, they make it all the more important. Further bloodshed must be avoided at all costs. The confusion and tragedy of recent days must not be turned into catastrophe.

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.


“We will not go out on missions like this”

The story below was first published by “Prachatai.com”, the independent website in Thailand. The site has taken a ‘refugee’ URL on ‘Prachatai.net’ since April 8, as it was blacked out by the Thai authority, along with hundreds others.

By courtesy of Prachatai, I post the story here, adding some pictures which I took on April 10, the day of the crackdown which has caused deadly clashes to kill 24 and wounded more than 800.

- Penseur21 -

—————————————————

A Soldier’s Story

Mon, 12/04/2010 – 12:32

This account of events around Ratchadamnoen and Khao San on the night of 10 April was given by a conscript in a phone call to his family. Soldiers have been told not to communicate with the media so this report must remain anonymous.

Thai soldiers were being cheered by anti government 'Red shirts' protesters near Thai Telecom, where thousands of red shirts protested against the black out on its TV, 'P Channel', by the authority. (Photo by Lee Yu Kyung)

Approximately 50 draftees who had not finished basic training were ordered to put on riot gear at dusk on Saturday and were driven to the Ratchadamnoen area. We were not told in advance where we were going or what our objective was. We were equipped with rubber bullets but no gas masks. We had previously received some training in riot control and had manned checkpoints, but in general discipline and leadership required improvement and we were inexperienced.

We quickly found ourselves in a confused fight with the red shirts. We were instructed to fire rubber bullets at the legs of protestors, but were facing bricks, sticks and gunfire. Tear gas was making it difficult to see what was going on. It wasn’t like a video game. There were other units, some from other services, but we saw no coordination among them.

The non-commissioned officer in charge of us was injured and taken away and no one took over. Many of the draftees ran for safety, some leaving behind weapons and other equipment. I was helping to pull wounded comrades out of danger. There were some bad injuries and we thought some people were probably dead. It was a terrifying situation.

Thai military confronted with the anti government 'red shirts' protesters in Bangkok on April 10. The army have blocked the then peaceful protesters as protesters were heading to their main stage, Phan fa bridge earlier. The blockade has caused violent reaction by red shirts, who have had deadly clashes with the military till night. (Photo by Lee Yu Kyung)

Thai military were gearing up to crackdown on anti-government 'red shirts' protesters on April 10. The crackdown has caused deadly clashes to kill 24 and wounded more than 800. (Photo by Lee Yu Kyung)

At one point I was overcome with tear gas. Red shirts took off my helmet and I never saw it again. They washed the tear gas off my face. I and 2 friends were now isolated and did not know where to go. We tried staying put but it got too dangerous, so we started moving about and got lost. After 3 hours, we met a policeman in the middle of the night who told us where our unit was.

We got about 3 hours sleep and were transported back to camp the following afternoon. Of the 50 who had gone out, only about 20 remained. Some must be in hospital with injuries, and probably many just ran for their lives.

We have decided, among the draftees, that we will not go out on missions like this. The officers say this too. We have been told by the commanding officer that we will not be asked to go out again.

courtesy : Prachatai


Burma : 3,600 Workers Protest for Worker Rights – February 2010

Open Letter

19 February 2010

Dr Surin Pitsuwan,

Secretary General of ASEAN,

The ASEAN Secretariat,

70A Jl. Sisingamangaraja,

Jakarta 12110, Indonesia

Tel : (6221) 7262991, 7243372

Fax : (6221) 7398234, 7243504

Heads of Government of

Brunei Darussalam, Cambodia, Indonesia,

Lao PDR, Malaysia, Burma (Myanmar), Philippines,

Singapore, Thailand & Viet Nam,

c/o Secretary General of ASEAN

Dear Sirs/Madam,

Re:      Justice for Workers in Burma

3,600 Workers Protest for Worker Rights – February 2010

On 8/2/2010, about 3,600 factory workers, mostly women, from 3 factories in the Hlaing Tharyar industrial zone in Rangoon, Burma, protested against low wages and the substandard working conditions they are forced to endure in the factories.

It was reported that the workers at the Taiyee shoe factory and the Opal 2 garment factory began protests on Monday calling for higher daily wages, overtime payments and several other demands. On Tuesday, workers from the Kya Lay garment factory joined the strike action.

The workers, mostly women, staged protests outside the factories and inside a factory compound, where they sat down and refused to work. The three factories employ a total of about 3,600 workers.

The monthly income of most factory workers in Burma is very low, ranging from 20,000 kyat [USD20] to 40,000 kyat [USD40], thus forcing many workers to work overtime. Most workers work from 7 am to 11 pm daily. Many factory owners employ temporary workers who have no legal recourse if they are fired without compensation, according to former factory workers in Rangoon. More than 80 percent of factory workers in Rangoon work on a day-to-day basis. Most are young women between 15 and 27 years of age who come from the countryside in search of a better living.

[The Irrawaddy, Authorities Threaten Violence at Rangoon Strike – http://www.irrawaddy.org/article.php?art_id=17771]

The workers’ demands in these actions, for example, with regard to wages, as was reported, are for a mere USD10 increase per month. The Burmese government’s response to this legitimate industrial action by workers was excessive and oppressive It was reported that, the “…Authorities used barbed wire barricades to block roads leading to the factories in the Hlaing Tharyar industrial zone in the city’s north-east, and more than 50 truckloads of riot police carrying batons and shields were deployed and at least six fire engines and five prison vans were parked near the factories…” [AP - Straits Times, 10/2/2010, Myanmar workers on strike]

Today (19/2/2010) although the workers are back in the factories, they continue demanding for their rights. In Burma, they are even more vulnerable and powerless without a change in the existing laws to allow the right to assembly and to allow workers the right to form unions.

Burma is a member of ASEAN, and as such we call upon ASEAN and all ASEAN member countries to do the needful to ensure that workers in Burma, just like other workers in other ASEAN countries, also receive just wages, have a safe and healthy working environment, enjoy the right to form unions and all other universally acknowledged worker and human rights.

We also call on ASEAN, and ASEAN member countries to closely monitor the current situation at the Hlaing Tharyar industrial zone, and ensure that these workers rights are recognized and respected, and that the Burmese government refrains from further interfering in this pursuit of rights by workers in Burma.

Further, on 23 October 2009, the Heads of State/Government of ASEAN presided over the Inaugural Ceremony of the ASEAN Intergovernmental Commission on Human Rights (AICHR), during which they also announced the “Cha-am Hua Hin Declaration on the Inauguration of the AICHR” to pledge full support to this new ASEAN body and emphasize their commitment to further develop cooperation to promote and protect human rights in the region.

Noting that the primary purpose of the AICHR is to promote and protect human rights and fundamental freedoms of the peoples of ASEAN, we hope that the AICHR will begin proving that it is not merely a toothless tiger by ensuring that the human rights of these workers in Burma are promoted and protected.

Many ASEAN member countries, like Malaysia, Singapore and Thailand, invest significantly in Burma. We hope that these economic and other self-interest considerations will not affect the way ASEAN, and its member nations, response to human rights violations of the ordinary people and workers in ASEAN.

I look forward to hearing your response,

Yours sincerely,

-sgd-

Pranom Somwong

Charles Hector

3585A Kg Lubuk Layang,

Batu 3, Jalan Mentakab,

28000 Temerloh, Pahang, Malaysia. Tel+60192371300

Email:- p_somwong@yahoo.com ; chef@tm.net.my

For and on behalf of the 56 Organizations/groups listed below:-

ALTSEAN-BURMA

All Kachin Students and Youth Union

All Burma Federation of Student Unions (Foreign Affairs’ Committee)

Asia Pacific Forum on Women Law and development (APWLD)

Asia Pacific Solidarity Coalition (APSOC)

Asian Migrants Center(AMC)

Alliance of Progressive Labor (APL) – Youth and Women

‘Alltogether’, the South Korean left organization

Amnesty International Philippines

Batis Aware, Philippines

Burma Global Action Network

Burmese Women’s Union (BWU)

Burmese Rohingya Association in Japan

Burma Campaign, Malaysia

Canadian Friends of Burma (CFOB)

Center for Migrant Advocacy (CMA) Philippines

Center for Overseas Workers (COW)

Coalition against Trafficking in Women – Asia Pacific

Chin Democracy and Human Rights Network (South Korea)

Civil Society Committee of LLG Cultural Development Centre Bhd(LLGCSC),                Malaysia

Committee for Asian Women (CAW)

Coordination of Action Research on AIDS and Mobility (CARAM) Asia

Democratic Party for a New Society (DPNS)

Empower Foundation, Thailand

Free Burma Coalition Philippines (FBC-Philippines)

Free Burma Coalition – Philippines (Women’s Committee)

Foundation for Education and Development, Thailand

Human Rights Education Institute of Burma (HREIB)

Human Rights and Development Foundation (Thailand)

Initiatives for International Dialogue (IID)

JERIT (Oppressed People’s Network, Malaysia)

Kachin Development Networking Group

Korean House for International Solidarity, KHIS

Labour Behind the Label, United Kingdom

MAP Foundation, Thailand

Malaysian Trades Union Congress (MTUC)

MSC/NWC- Sri Lanka,

MAKALAYA (Women Workers Network)

Migrant Forum in Asia (MFA)

National League for Democracy [NLD (LA)], Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Network for Democracy and Development

Parti Sosialis Malaysia (Socialist Party of Malaysia, PSM)

Pagkakaisa ng Kababaihan para sa Kalayaan (KAISA-KA)

Piglas Kababaihan

Partido ng Manggagawa (PM – Workers’ Party)

Seoul-Gyeonggi-Incheon Migrants’ Trade union (MTU), Korea

Studio Xang Art for Migrant Children,Thailand

Thai Labour Campaign (TLC), Thailand

Think Center (Singapore)

The Action Network for Migrants (ANM), Thailand

The Shan Refugee Organization (SRO), Malaysia

Task Force on ASEAN and Burma (TFAB)

Worker Hub for Change (WH4C)

Women Health, Philippines

World March for Women – Philippines

c.c.      Workers in Burma -  solidarityburma@gmail.com


A call for a halt in the use of GT200 for personal and house search

Working Group on Justice for Peace

24/158 Soi Ladphrao 21, Ladphrao, Chatuchak, Bangkok 10900;

wgjp.bkk@gmail.com / www.wgjp.org

002/2010                                                                                                  17 February 2010

Public Statement

A call for a halt in the use of GT200 for personal and house search

The Working Group on Justice for Peace (WGJP) has been calling for the Thai government to conduct an independent test of the GT200 bomb detector since we believe it is not a scientific device. Lately, the government has conceded to the demand and held a test. As expected by public, leading scientists, human rights activists and communities affected by the use of the device, GT200 has proven to be a complete failure contrary to the claim made by its manufacturer. The detection efficiency of the device falls even lower than a random search. Therefore, there is nothing to say other than the device is neither accurate nor credible.

WGJP therefore calls on the government and security  and justice agencies to immediately halt the use of this device as an indicator to create a list of suspects and to hold certain people in custody as well as to search personal homes. For safety of the bomb detector officials themselves and safety of public lives and properties, it should no longer be used for detecting explosive material in any place as well. The government and the Royal Thai Army should make efforts to acquire genuinely effective devices accepted and used at international level to replace GT200. Also, it should provide compensation for innocent people who have previously been held in custody and arrested as a result of the use of this device.

That security agencies in Thailand’s Deep South claim that having this device in use is better than having none since it helps to boost their psychological strength and confidence simply shows how the officers fail to come to terms with realities and deny the importance of scientific knowledge which is essential for keeping society safe and peaceful. Such a claim will eventually takes its toll on the lives of field officials and shall erode the confidence and trust local civilians have toward their attempts to address unrest in the South.

……………………

Contact: Angkhana Neelapaijit 084-7280350


A country outside the rule of law

FOR IMMEDIATE RELEASE
AHRC-STM-027-2010
February 14, 2010

A Statement by the Asian Human Rights Commission

SRI LANKA: The second term of the president-outside constitutionalism, rule of law and due process

The Sri Lankan President, Mahinda Rajapakse, has begun his second term in office. The system of governance in which he works is one that falls clearly outside constitutionalism. The basic principle under which the existing ‘Constitution of Sri Lanka’ works is that the head of the state is above the law. Once the head of the state is above the law, constitutionalism as it is known in the democratic world cannot exist. Liberal democracy begins at the point where everyone is equal before the law. Equality before the law means answerability for illegality by everyone. The twin principles that everyone is equal before the law and the supremacy of the law above all else cannot be separated. In Sri Lanka they have been separated, and therefore the state does not recognise the supremacy of the law.

Without equality before the law and the supremacy of the law, the rule of law simply cannot work. The rule of law implies that all actions of the state are done within the framework of the law. The laws are those which are passed by the legitimate authority of a parliament and have the acceptance of the people. When the rule of law is abandoned, the country can be ruled by orders that come directly from the executive. For example, the law may prescribe that for all important positions in the public service the Constitutional Council should make the appointments. However, the executive can ignore this and make the appointment himself. At that point there is no law to go by and this can spread to any and all aspects of life.

When the entire process deepens the so-called national security regulations, which replaced the law come into effect. The law may prescribe the criminal procedure of Sri Lanka; however, the national security regulations can displace criminal procedure and with that, the basic rule of law is completely replaced. In a rule of law structure, criminal procedure is fundamental. Criminal procedure does not refer purely to matters relating to criminals; it refers to all matters relating to citizens. When criminal procedure is replaced by arbitrary national security laws, then thereafter the country is ruled by those regulations. Sri Lanka reached that point some time ago and this was done under the pretext of dealing with various insurgencies in the south, north and the east.

Today, the national security regulations have replaced criminal procedure and arbitrariness prevails in all aspects of the legal structure in the country. The present situation is a combination of the displacement of constitutionalism and the rule of law. The displacement of constitutionalism since 1978 has created a situation where the separation of powers is not an operational principle in Sri Lanka.

By various means, the parliament and the judiciary have been demoted and the separation of powers no longer exists as it should within a liberal democracy. The Sri Lankan power model is one where the executive overpowers the parliament and the judiciary. With the displacement of these basic principles, the due process of law has now been challenged. In fact, it has been challenged for a long time through national security legislation. National security legislation has provided for the displacement of rules relating to arrest, detention, trials and the holding of persons incommunicado in secret locations. This new aspect has been added to by the introduction of military tribunals.

New army commander becomes a Cat’s paw in a political game;

The case of Sarath Fonseka will mark the most glaring beginning in dealing with the denial of individual liberties for political participation through military tribunals, done under the pretext of creating legality for what is fundamentally illegal within a rule of law system. As a rule of law system does not exist now, only the façade of legality is observed when so-called military tribunals, which are a pure manipulation of the army commander’s position for political purposes, are introduced. With this particular case, the army commander becomes a cat’s paw in the political games of Sri Lanka. When questions are asked about the arrest and detention and the possible trials of Sarath Fonseka, the government now answers that these are matters that will be decided by the military commander. Thus, the military commander has been reduced to a political cat’s paw in the serious politics of the country.

Mrs. Sirimao Bandaranaike was deprived of civil rights through a commission, thus the taking the case against her outside the normal judicial process in Sri Lanka. In similar manner, the denial of political participation of the common candidate in the last presidential elections is now being brought through a military tribunal under the pretext of dealing with military offenses done prior to his retirement. The whole exercise is a political pretense; it lacks the legitimacy and the dignity of a legal process.

The attack on due process exists in Sri Lanka by the use of extrajudicial punishments on a large scale. The causing of disappearances has been, in the recent decades, a major phenomenon in Sri Lanka. Forced disappearances are a means by which all legal rights of a person are denied, and the person is, in fact, executed by an agency of the state outside any kind of legal process. Thus, the absence of legal process relating to tens of thousands of persons is a part of the legal culture of Sri Lanka now, and this is also demonstrated by the case of Pregeeth Ekanaliyagoda, the disappeared journalist.

Such is the situation of Sri Lanka today. It is a country outside constitutionalism, the rule of law and due process. It is within this context that the second term of Mahinda Rajapakse has begun. The demands for the abolition of the executive presidential system as the beginning of undoing of this system, and the return to constitutionalism and rule of law have now been forgotten. Therefore there is no likelihood of a return to constitutionalism, rule of law or respect for due process.

Justifications given for abandoning constitutionalism, rule of law and due process

There are two different perspectives which support the abandonment of constitutionalism, rule of law and due process:

a. Development perspective.
b. Nationalist perspective.

The development justification

This is the view that economic development should be the first priority of the government, and that for this purpose democracy can be abandoned. This has become a quite strongly held view in the government, supported by some economists.

According to this view, corruption may be an inevitable consequence of this stage of development. The idea that bringing in investments under whatever conditions and ensuring some infrastructural developments, such as development of roads, highways, electricity, telecommunication and the like should remain the topmost priority, even if this means the abandonment of practices of good governance. This has become an openly expressed point of view. The last presidential election has been interpreted as an endorsement of this perspective and a rejection of the view that development should take place within the framework of democracy and good governance. Even the letter issued by the Mahanayake Theros on the 12th February calling for a gathering of monks recognizes that a challenge to democracy and good governance has now been seriously posed in the country.

The nationalist justification

The nationalist perspective goes beyond the development perspective in abandoning constitutionalism, rule of law and due process. According to this perspective, these are all alien concepts to the Sri Lankan culture and psyche. The ideologies for nationalism argue that it is the western countries that brought some urban concepts and institutions to Sri Lanka, which is basically rural in its structure and mentality. They argue for the need to abandon all these urban structures and return to what they call indigenous structures in which, even nepotism, has been very much a part of the social organization.

The leader of Hella Urumaya, Ellawala Meedananda, for example, argues that during the time of Vijeyabahu there was an insurrection and all the rebels were massacred by the king. He uses this in support of attacks on opposition that is taking place after the presidential election. In his view, the destruction of those who do not cooperate with the ruler is justified. This nationalist perspective became popular during the decades where the LTTE posed a threat to the Sinhala state. The very notion of minority was seen during this time as a western concept. The argument against the total abandonment of what was called the western construct and the need to return to what was imagined as an indigenous system of governance, which was never spelled out, became some kind of a nationalist belief.

Both the development perspective and the nationalist perspective support repression as a necessary condition of ruling under present circumstances. This is the perspective that is followed now.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.


Burmese workers on Strike (2nd Update)

As I first posted the regional statement in solidarity with Burmese workers on strike yesterday, more materials have been found or ‘hit’ my mail box, thus to update as below.

http://www.cosatu.org.za/show.php?include=docs/pr/2010/pr0210.html&ID=2901&cat=COSATU%20Today

http://www.mizzima.com/news/inside-burma/3509-fear-of-strikes-leads-to-factories-declaring-holiday.html

http://www.straitstimes.com/BreakingNews/SEAsia/Story/STIStory_488928.html

http://www.irrawaddy.org/article.php?art_id=17781

http://www.greenleft.org.au/2010/826/42512

Continual updates on the strike situation can be found at

http://nomosthoughts.tumblr.com/post/384967583/urgent-support-workers-strike-now

Penseur21 -

——————-

Feb. 12, 2009

Solidarity Statement for the Struggle of Burma Working Class by ;

Working Peoples Association (Indonesia), Singapore Democratic Party, Socialist Party of Malaysia, Socialist Alternative (Australia), Confederation Congress of Indonesia Union Alliance, Socialist Workers (New Zealand), Socialist Alliance (Australia), Young Democrats (Singapore), Partido ng Manggangawa (Philippine), Congress of South African Trade Unions, Partido Lakas ng Masa (Philippine)


Workers at the Taiyi shoe factory and Opal 2 garment factory began a strike on Monday, 8 February 2010. They are demanding an increase in salary of 10.000 Kyat (US$ 10), a reduction of working hours and the provision of a clean space for meal. The strike started in the Mya Fashion garment factory in No. 3 Factory Zone of Rangoon’s Hlaing Thrayar Township.

Now they are being blocked by riot police trucks, at least 50 trucks packed with riot police carrying assault rifles and shields were dispatched. They are prevented from leaving the factory zone and no one has been allowed to enter. Police securing roads surrounding the Hlaingtharyar Industrial Zone, about 11 km outside the biggest city, Yangon.

Overall the working condition in Burma is worse. The Burmese military regime is pro foreign capital and depends on cheap wage and deplorable working condition to attract foreign investments. Like other democratic rights in Burma, the democratic rights of workers like freedom to form trade unions is also being repressed.

The rise of working class is a good sign for the possibility of fundamental changes in Burma. The rise of working class should be supported by all peoples’ movements in Burma and internationally. Seeing that we the undersigned organizations and political parties support the struggle of Burma’s working class and demand:

1.      The workers’ just demands must be fulfilled

2.      Reject any form of repression of workers

3.      Full democratic rights for the workers including the right to organize, build independent trade union and to form political parties.

We declare our fullest support to the People of Burma to build a democratic Burma. Because only with a democratic Burma prosperity and justice can be achieved.

If your organization want to sign this joint statement, please contact: international@prp-indonesia.org


Ign Mahendra K
Chairperson of International Department

Socialism, The True Liberation for Working People!
Socialism, The Solution for Global Crisis of Capitalism!
Unite, Build Working Class Party!

Perhimpunan Rakyat Pekerja
Working Peoples Association
工友联盟
Ассоциация Трудящихся
l’Association des ouvriers
काम पीपुल्स एसोसिएशन
تعمل رابطة الشعوب
Trabalho Associação dos Povos
作業人民協会
Asociación de Trabajadores

Jalan Kramat Sawah IV No 26 RT 04/ RW 07, Paseban, Jakarta Pusat 10440 Indonesia
Phone/ Fax: +62-21-3917317
Email: komite.pusat@prp-indonesia.org/ prppusat@gmail.com/ prppusat@yahoo.com
Website: www.prp-indonesia.org
Facebook: Perhimpunan Rakyat Pekerja

========================================

Feb 12th 2010

Support Workers’ Demands for Labour Rights in Burma

Joint statement by ;

Asian Migrant Centre, MAP Foundation and the Workers and Farmers Solidarity League of Burma


On February 8th 2010, 3,600 factory workers, mostly women, in the Hlaing Tharyar industrial zone in Rangoon, Burma, protested against the substandard working conditions they are forced to endure in the factories. Workers employed at the Opal 2 and Mya Fashion factories  demanded a wage increase of 10US$ a month. The next day, workers at the Taiyee shoe factory, and the Kya Lay garment factory also came out to demand the enforcement of public holidays, an increase in their daily wage, proper payment of overtime and other basic rights.

The Burmese military regime responded by bringing in hundreds of armed police and warned the workers that they would face a violent crackdown if they did not disperse peacefully. On February 10th the workers had little choice but to accept a compromised settlement of a monthly increase of US$2 –US$5. But then the next day, February 11th, workers from Myanmar Sunny shoe factory form Industrial Zone No.(2) and from Miss Style shoe factory from Industrial Zone No.(3) announced that they would also demand increased wages.

The industrial zone where these factories are located employs between 50,000 to 70,000 workers. The factories are owned by Korean, Thai and Burmese nationals, among others.

Burma continues to be ruled by a military dictatorship with a record of violent crack- downs against any form of protest or gatherings over 5 people. Trade unions are banned. Workers in Burma are thus denied their basic rights of assembly and collective bargaining. In addition, with a blackout on news coverage of any unrest, workers are completely isolated from international attention.

The isolation of the workers, the presence of the military and the history of the regime is  cause for  grave concern for the safety and the rights of all workers  in Burma and  urgently for the workers in the Hlaing Tharyar industrial zone.

It is also important to note that there are no international agencies in Burma who can support the rights of workers and monitor the situation, due to the restrictive political environment inside Burma.

Asian Migrant Centre, MAP Foundation and the Workers and Farmers Solidarity League of Burma, applaud the brave action taken by the workers and stand in solidarity with all workers in Burma in their struggle for workers rights.  We are deeply disturbed by the threat of military force by the military junta in responding to these strikes by workers exercising their freedom of association.

The workers in Burma need your voices.  They need your trade unions, civil society organizations and media to highlight their situation, to raise these violations of workers rights with your governments, especially those who are investing in Burma and your governments who are trading with Burma. Please petition your governments urgently.

The workers in Burma need you to demand that the International Labour Organisation (ILO) expand its mandate in Burma to include all forms of exploitation, not only forced labour.

You can also write letters to Sen. Gen Than Shwe c/o Ministry of Defence, Naypyidaw, Myanmar, to express your outrage at the use of threats of violence to quell workers’ call for a US$5 a month raise.

And finally please send a message of support to the brave workers in Burma at solidarityburma@gmail.com

Unite with Workers in Burma!

For further information, please contact:

Workers and Farmers Solidarity League of Burma at Wfslb2009@gmail.com

or email:  solidarityburma@gmail.com

or  contact Reiko Harima Asian Migrant Centre Tel: +852 23120031

or   contact Jackie Pollock MAP Tel: +66 860904118


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