Human Rights –
By Dr Harold Gunatillake
As a sequel to my video presentation on human rights in Sri Lanka, I would like to present some sensible comments
from our viewers
Comments from Hiran Halangoda
Brigadier (Retd) Hiran Halangoda a reputed veteran in the Gemunu Watch of the Army. Hiran Halangoda in the center
Hiran served in the Sri Lanka Army for over 27 years, from 1973 to 2000, before he took early retirement for professional and personal reasons. He has the unique To Read when you have the need.
Compiled &presented by Dr Harold Gunatillake OAM
Human Rights
distinction of Commanding the 1st Battalion of the Gemunu Watch, an infantry battalion raised in December 1962 by his late father, Brig. John F. Halangode. His grand-uncle Albert Halangode fought in WW 1 as a 19-year-old schoolboy from TrinityCollege and was injured in the battle of Somme. Brig. Hiran N. Halangode has served in the Gemunu Watch as a platoon Commander, Adjutant, Company Commander and Commanding Officer during his career in the battalion. He was the first Airmobile Brigade Commander of the Sri Lankan Army and led the way during operation Riviera to liberate the Jaffna peninsula. He has held numerous command, staff and training appointments during his career in the SL Army.
Dear Dr. Gunatillake,
Thanks for your email on the Human Rights issues in Sri Lanka. The PTA was enacted in 1979 in the North because JR Jayawardene had no other option since the Tamil militants gunned down Tamil informants, Tamil police officers who investigated Tamil militant activity, Policemen on election duty and the very Tamil politicians.
They have opposed them since 1975, including the Mayor of Jaffna, Alfred Duraiappah. He was so desperate that he ordered the Army chief of staff to wipe out Terrorism from the North without adequate legal and financial resources in 1979. Despite the PTA law, they gunned down Tamil politicians, including Amirthalingam and Yogeswaran,
whilst MP Sivasithamparam was injured in a shooting incident in July 1989 in Colombo. The Judiciary’s lethargy and the Executive’s inability to enact laws in time has caused this immense country damage where 2 JVP insurrections, one 33-year-old Tamil Separatist conflict and a bloody Easter Sunday attack in April 2019 broke the very essence of a fragile democracy. Who, then, is responsible for the LIVES lost? We have had numerous Presidential commissions without much success or progress. The Lawmakers in parliament and members of the Judiciary who are responsible whilst politicising the Police and the military have caused this impasse.
The present laws are grossly inadequate to tackle the social and economic issues of the country where corruption is rampant; society is divided, and despotic political parties are causing further division in an ill-disciplined and
impoverished populace—a recipe for chaos and other turmoil.
Why are lawmakers reluctant to bring back the DEATH penalty for Drug barons, mass murderers and criminals after a due legal process? It is because the politicians are involved in or support all this activity. Drug lord Potta Naufer
assassinated Justice Ambepitiya and his police escort using the underworld in daylight and got away scot-free, although still in prison for his drug deals.
Not only the Police but even the military that saved this country from anarchy on more than three occasions have no immunity when they act on law enforcement duties regarding SEARCH, ARREST, DETENTION and INTERROGATION. Indeed the leading causes for the continuous deterioration of the country are PARTY POLITICS and the absolute mismanagement of the country by the bureaucrats and professionals, including Doctors, Engineers, Lawyers and others who have mostly been educated FREE and live a TAX-FREE life whilst preaching absolute bullshit. Why are essential medicines not available? Why couldn’t the Doctors and Health officials handle the COVID
pandemic? Why is the country facing a power crisis? Why do most people suffer from Kidney ailments and can’t even find drinking water? Why are the prisons overflowing with suspects? Why is there road rage and absolute chaos
on the roads? Why are trade unions and University students agitating day in and day out? Why is there over 51% ragging in our state universities? Why are people queuing up for fuel and gas? People came out to the streets against all these grievances and the inability of the Gotabaya government. They instead got a smart-collar crook as the
President without a people’s mandate.
He and his government does not know what they are doing but surviving on small mercies and big ball talk. We are in serious trouble and possibly more violence if this situation persists in our blessed land.
I have attached the Internal Security Act (Singapore) for your information. You cannot have public security and good order in a country that is ill-disciplined, corrupt, economically bankrupt and socially divided.
Best wishes,
Hiran Halangode
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Comments by Senaka Weeraratna
Well Done, Sri Lanka -UNHRC vote – A moral victory for Sri Lanka
Posted on October 6th, 2022 – Senaka Weeraratna
The number of abstentions (20) and the number of ‘No’ votes (7) add up to 27, whereas the ‘Yes’ votes totalled 20.
In the previous year, the same type of Resolution had 22 countries voting in favour. This time the ‘YES’ vote had come down to 20. Last year 25 countries did not support the Resolution. This year 27 countries have decided not to support the Resolution. A gain of two not in support of the Resolution.
The adoption of the Resolution by a majority of 13 votes disregarding the Abstentions does not tell the real story. In the bellicose environment of the UNHRC, which is a modern version of an inquisitorial institution with a lynch mob mentality, it is next to impossible to defeat a joint USA and UK sponsored Resolution against a poor weak former
colony asserting its national sovereignty. However, most Asian and African countries deliberately and consciously abstained or refused to budge despite high-handed intimidation by powerful western countries and voting against Sri Lanka is significant and worthy of note. They were not prepared to be a party to browbeat a fellow Third World nation.
Except for one Asian country, i.e., South Korea, which depends on the USA for its defence and survival, the rest of Asia stood for Sri Lanka in not voting against Sri Lanka, including India, Japan, Indonesia, and Malaysia.
In 2012 and 2014, India voted against Sri Lanka due to domestic compulsions. But not this time. Seven countries, comprising China, Pakistan, Cuba, Venezuela, Bolivia, Uzbekistan, and Eritrea, voted against the Resolution.
Sri Lanka is grateful to all the countries that did not vote in favour of a Resolution meant to name and shame Sri Lanka before a world audience. Asia and Africa have a shared past of being subject to western colonialism for
centuries. The solidarity that grew through a common cause in joint resistance to western domination and colonial rule was evident in the pattern of voting at the UNHRC. The battle lines were drawn on the East and West lines.
Regarding the world’s population, the countries that did not vote for the Resolution, including those that abstained, have more people in their lands than the ‘ Yes’ countries.
Sri Lanka’s belligerent conduct
Sri Lanka’s belligerent posture must be admired. If you are to go down, then go down fighting. A warrior mindset has a lustre unseen in cowardice or capitulation at the drop of a hat. Cuba is a shining example of a small country prepared to stand alone without giving in to bullying countries. Never cave in, and never give up.
Never bow down to aggressive countries. They are accountable when you look carefully at their track records for violating the Human Rights of the colonised non–white races for centuries. The cynicism with which the Human Rights discourse is increasingly viewed today all over the world says it all. The countries which have committed genocide of native populations, plundered the wealth of Asian and African countries in a mad scramble to grab the land of others and then transplanted settlers while at the same time dispossessing the natives of their homelands lack the moral authority to lecture on Human Rights and take others to task for Human Rights violations.
Some Countries are peddling Human Rights as a Red Herring to divert world attention from their accountability to Universal Justice or Providence. The countries that genuinely matter to Sri Lanka have not deserted Sri Lanka.
Absenting at the UNHRC essentially means saying ‘No’ to a Resolution in the context of the crude backbiting horse-trading atmosphere that prevails at the UNHRC.
That is the proper and correct interpretation, morally speaking. Well done, Sri Lanka, for standing up for our Constitution’s principles.
Senaka Weeraratna
Commented by Dilrook Kannangara
Subject: Re: Human Rights
Agree with the conclusion of the article Dr Harold. Very sadly, there is no middle ground offered by these
Elements, and SL, like other countries, cannot take chances. The worst part is that all three terrorist groups in SL (violent JVP, LTTE, IS-bound groups) exploited university students for their legwork. SL was battered by all three forms of terror violence for 44 years in the last 74 years, killing over 200,000 people and destroying an
enormous amount of the economy.
PTA was introduced in 1979 after Tamil terrorists bombed an international
AirCeylon civilian plane in 1978 in Ratmalana – an act of war and
terrorism (in fact, attacking civilian planes is a famous symbol of terrorism). It was intended to be temporary, but terrorism was not quick. Since no justice has been done for the 2019 Easter Sunday terrorist attacks, the massive military victory by the Taliban in Afghanistan, and superpower rivalry in the region, terrorism in the area will only increase.
SL should either allow terrorism, extremism and subversion by scrapping PTA, etc. or save people and property by retaining it. Not both at the same time. Of course, the executive president should not misuse PTA and other laws (for that, the immunity of the EP should be removed). This is the real problem.
Every country uses “draconian” methods to keep its people and economy safe because it is worth it. SL is just the norm. The USA, UK, EU countries, Singapore, Japan, etc., have similar laws and practices. But politicians don’t misuse them for politics! Unfortunately, SL cannot do some bad practices by top-notch human rights-protecting countries. Clever use of the law by them though worse than draconian!
Some countries detain “boat people” in offshore locations for years; they are denied the protection of their great HR laws. Citizens of some countries (including their babies) who joined ISIS, etc., languish in horrible camps in Syria (well-known war crimes committed government) for 7sevenyears and cannot return. It is their fundamental right and human right to return. USA maintains Gitmo Bay in Cuba’s jurisdiction and other offshore torture/detention chambers so that the detainees are not entitled to the protection of US law. (There is no human rights
protection under Cuban law!) UK and EU use Algeria, Pakistan, etc., to interrogate and torture their citizens, so they are not entitled to the protection of world-class EU laws. None of these violates the law as they fall under the jurisdiction of other countries with horrible human rights records.
If SL scraps PTA, it does not mean human rights will improve. The opposite. Instead, SL will resort back to tried and tested cheap means outside the legal framework to destroy troublemakers with total impunity like the use of the underworld, paramilitaries, mercenaries (local and foreign), rioters, death squads operated by the military/politicians, etc. That will take away even the few rights PTA offers to the affected. SL did use these before PTA and at times when PTA was not invoked. Nothing new. It worked but at a terrible cost.
