Lawyers' right at Police stations approved By S.S.SELVANAYAGAM May 22, 2012

Deputy Solicitor General Shavindra Fernando yesterday (21) informed the Supreme Court the regulations covering the rights of Attorneys-at-law to represent their clients at police stations has now been approved by the President under section 55 of the Police Ordinance and sent to the government printer to be included in the gazette. The Bench comprising Justices N.g.amaratunga, Suresh Chandra and Chandra Ekanayake listed the matter to be mentioned on July 5. Petitioner D.w.c.mohotti in his Fundamental Rights violation petition had cited Bambalapitiya Police OIC, IGP Jayantha Wickremaratne and National Police Chairman Neville Piyadigama and the Attorney General as Respondents. Sanjeeva Jayawardane appeared on behalf of the Petitioner Lawyer. President’s Counsel Shibly Aziz with Rohan Sahabandu appeared for the Bar Association of Sri Lanka. In a motion, the Respondents indicated that they wished to settle the said case and in pursuance thereof, when this matter was called on April 3, 2009 parties agreed to settle this matter and the Court directed the parties to file Terms of Settlement by way of motion. The terms of settlement are as follows: 1. The IGP shall forthwith frame and issue formal rules under and in terms of section 55 of the Police Ordinance as amended duly approved by the Minister, for the purpose of inter alia recognizing and protecting the rights of an Attorney-at-law to represent or protect the interests of his/her client at any Police Station, Police Head Quarters and/or any other permanent unit, base, post or such like, that has been established by the Police anywhere in the country, whether such client is a suspect or otherwise; 2. The IGP shall forthwith cause the same to be also duly incorporated in the Departmental Orders of the Police; 3. The IGP shall at all times implement and enforce the said rules issued under Section 55 of the Police Ordinance and copies of such rules shall be issued to the OIC of every Police Station, Head Quarters and/or any other permanent unit, base, post or such like that has been established by the Police situated island-wide and it shall be the responsibility of such OIC to issue copies to every officer under his purview and command and to generally disseminate information with regard to the content and due and strict observance of such rules anywhere in the country; 4. There shall be established as provided for in the said rules, a special committee comprising of a senior officer of the Attorney General’s Department not below the rank of Additional Solicitor General, who shall also be the exofficio Chairman of the said Committee, the other members shall comprise of the President of the Bar Association of Sri Lanka, the Director (Legal) of the Police, and a serving member of the National Police Commission; 5. The said Committee shall be charged with the function of monitoring and facilitating the due and proper observance of the above mentioned Police Rules and reporting any breaches thereof to the IGP and generally, to do all such acts that shall serve to promote and foster better relations between the members of the Legal Profession and members of the Police; 6. Such Committee shall also be entitled to make recommendations and report to the IGP, the Attorney General and the National Police Commission, as the case may be, with regard to any breach of such rules and in respect of the proceedings that should be launched thereon, against the officer in question; 7. The meeting of the said Committee shall be convened with reasonable regularity by the Chairman of the said Committee and in addition thereto, in the event of a request being made by any one or more members of the said Committee, as the case may be

Still No Trace Of Pattani Razeek

• One Year After Disappearing

Poster campaign calling for the release of Razeek

By Abdul H. Azeez

It’s been one year since the abduction of human rights activist Pattani Razeek. On February 11, 2010, whilst on a field visit to Kurunegala, Razeek reportedly voluntarily got into a white van and was never seen again.
The circumstances surrounding the disappearance of Razeek are both strange and intriguing, for instance, for days after he disappeared, family and colleagues would get SMSs from his mobile number telling them that he was safe in Kurunegala. The messages were followed up by calls soon enough, also from Razeek’s phone, but this time claiming to be from his supposed abductors. The trip Razeek made to Kurunegala was rather unusual as he usually does not engage in such field trips, according to Jansila Majeed a colleague who approved his vehicle for the trip.
As for his abductors, they were even stranger. They would call his colleagues at the Community Trust Fund, the organisation he was a founder and trustee of, and accuse them of mishandling organisational funds. They called a number of his female associates and accused them of having illicit relations with him, and they also called his family on February 23, 2010 and demanded Rs 20 million as ransom.
His family, even though not very rich, still came through with the money, thanks to the help of many friends and members of CTF but even more strangely, even before they could even communicate to his abductors that they had the money, all contact ceased; they never heard from Razeek or his abductors ever again.

The Plot Thickens
The abductors, however, made some early mistakes that managed to provide some clues as to who they were. The kidnappers were using Razeek’s phone for all communications to his family and associates, this phone line eventually got disconnected because no one paid the bills. His abductors then purchased three more SIMs using Razeek’s national identification card number and in a remarkable move right out of a spy movie, asked his son to secretly come to a pre-arranged location in order to collect the SIMs.
His son, Razeek Riskan Mohammed relating the incident, said that he then proceeded to the Wattala Mosque on April 27, 2010 and found two SIM cards under a tree there. He told The Sunday Leader that the SIMs had been wrapped in a small piece of cloth. Upon contacting the abductors, who had hung on to the third SIM for that reason, he was told to give the second SIM to Mustafa Nihmath, a former founder and trustee general of CTF.
Nihmath refused the SIM, saying that he wanted no part in the proceedings. But Riskhan continued talking to his father’s abductors via the SIM he had received until they finally cut off contact in mid September. “The last call we received was a demand for Rs 20 million cash. We managed to negotiate the sum down to Rs 10 million”. The family collected the funds from well wishers and friends, but no word was received from the kidnappers again.
Previously on April 3, another set of instructions led Razeek’s son-in-law Zainudeen to the Gunasinghapura mosque where he found objects that belonged to Razeek such as his glasses, drivers licence and motorbike insurance papers under a carpet.

Suspects
Meanwhile, the family had lodged complaints both in the Mundal and Kurunegala police stations. CTF had also lodged a complaint at the Puttalam police. One of the first things that was done was to put a trace on the SIM card that was calling Riskhan. The number was eventually traced to a phone (EMI number 352880100917420) belonging to one Shahabdeen Naushard of 414A, Nagawillawwa, as indicated by the police report concerning the case. This led to the police naming Naushard as the chief suspect.
All attempts to arrest Naushard have failed so far however. He initially applied for anticipatory bail citing reasons that reliable sources say included the fact the he could not get away from his job responsibilities working for Minister Rishard Bathiudeen. He had also cited potential damage to his reputation as grounds for requesting anticipatory bail.
Minister Rishard Bathiudeen told The Sunday Leader that he no longer worked with Naushard since his portfolio changed from the Ministry of Resettlement, adding that any claims Naushard is making on the petition alleging that Bathiudeen needed his work were fabricated.

No grounds for bail
A senior lawyer told The Sunday Leader that anticipatory bail by precedent can only be applied for if there are exceptional circumstances in support of it. In cases where the non-arrest of the suspect can cause public unrest, and especially if the suspect is wanted based on sufficient evidence then the court cannot award anticipatory bail. He cited precedents given by cases featuring individuals such as Prabath Ediriweera, Ravi Karunanayake and Thilanga Sumathipala.
Naushard’s application for bail was overturned by the Magistrate’s Court and is now being contested in the High Courts. The lawyer representing the family of Razeek, Lakshan Dias, told The Sunday Leader that the family was requesting court permission in order to be a part of the hearing in the anticipatory bail case. “We are intervening using the Criminal Procedure Code Section 260 and Judicial Administration Act Section 41 so that we can assist the courts and intervene in the case as the aggrieved party.”
The bail petitioners were given time until March 23, 2011 to formulate their response to the request made by the aggrieved party.

Strange goings on
Many staff members of the CTF that The Sunday Leader spoke to were convinced that the disappearance of Razeek had strong involvement with his activities in the organisation. One trustee pointed to the fact that Razeek was on the verge of organising a meeting of the trustees to sort some organisational problems he was having with Nihmath, the former trustee general.
When contacted by The Sunday Leader, Nihmath denied that there were any problems or issues between him and Razeek. Nihmath denied also that he had been involved in any CTF related activities after his resignation in March 2009.
Another group of staff members meanwhile have petitioned Minister Bathiudeen with what they felt were wrongful actions of the trustee board of CTF and claiming that large scale fund mismanagement had occurred. The matter was put to the NGO Secretariat which is overseen by the Defence Ministry for investigation.
Posters and leaflets appeared all over Puttalam town shortly after Razeek’s abduction accusing CTF of playing out public funds and also accusing several female members of the organisation of having relations with Razeek. The leaflets called for the intervention of Minister Bathiudeen to sort out the organisation’s problems.
Bathiudeen, speaking to The Sunday Leader said that he had held some hearings in the public interest, but had found no connection between the internal goings on of CTF and the disappearance of Razeek.

Appeals and protests
In addition to police complaints, a complaint has been lodged with the National Human Rights Commission.   Appeals have been made to the President, Secretary to the Ministry of Defence, the Attorney General and Inspector General of Police. Numerous protests and pasting and distribution of posters have taken place in Razeek’s hometown and in the Puttalam District along with community meetings attempting to get to the root of the matter. Complaints have also been sent to UN Special Rapporteur on Human Rights Defenders and UN Working Group on Enforced and Involuntary Disappearances.
Appeals have been issued by international human rights organisations the latest of which was Amnesty International which issued a strongly worded statement urging the government to “Immediately investigate and disclose the fate and whereabouts of Pattani Razeek, who went missing on February 11, and immediately inform his family.” His family is distraught. “My mother has fallen ill from all the pressure resulting from my father’s abduction. We don’t know what has become of him, our only hope is that he is still alive,” said his son. The questioning and arrest of the only suspect so far in this case would definitely help in uncovering the truth.

Who Is He? Who Said So?

By Raisa Wickrematunge
Thushara Jayaratne is a name not many may remember. The Law College student was the centre of some controversy last year. He claimed that the questions in an open book Commercial law paper (held December 3, 2010) had been leaked to none other than the President’s son, Namal Rajapaksa.
Jayaratne also said that Rajapaksa had taken the exam in an air conditioned room, apart from the other candidates, even though there was plenty of room in the common examination hall. Jayaratne went to several people with his complaints: the Registrar at the Law College, the police, international rights groups. Not many were willing to accommodate him, he said at the time. The Human Rights Commission said the complaints fell outside their purview. An anonymous caller from the Law College Registrar’s Office asked him to drop the issue or leave. But Jayaratne was undaunted.
What followed after, he claimed, amounted to sustained threats and acts of intimidation. When he last spoke to The Sunday Leader in April, he was hiding in a safe house, in fear for his life, and was only contactable through Skype.
Between the months of December and April, Jayaratne received death threats. He was abducted by two men in civilian clothing on March 3, who appeared to be from the military. After getting a statement, they released him. He was assaulted by another two people outside his home on March 28.
Afraid, Jayaratne fled to a safe house on April 14. It was at this point that he first spoke to this newspaper.
But since then, he says, the situation has only escalated.
On May 9, Jayaratne said in an email, he received a call from the police headquarters (0112473894) asking him to report to the crime branch for an inquiry that day. The caller threatened that if Jayaratne did not comply, he would be abducted, together with his parents. Jayaratne decided against going to the police, out of fear for his safety. Two policemen later visited Jayaratne’s parents on May 14, taking away recent photographs of him.
Then on June 5, two police officers from the Colombo headquarters questioned the owner of a tea shop near the Sri Jayawardenapura University, asking about Jayaratne’s activities and his whereabouts. Jayaratne had once visited this tea shop regularly, when he had worked at the nearby Green Movement offices. Several of his friends also haunted the shop. The officers said they had received a letter from a foreign organisation on Jayaratne’s case. They said he needed to make a statement to the police headquarters, or submit a letter saying he did not wish for an inquiry. The officers provided a number (0776002269) to be given to Jayaratne to call for further information. When he eventually switched his mobile phone on, he noticed he had a missed call from the same number. However, Jayaratne was petrified of being arrested and detained on false charges. He therefore decided, once again, not to go to the police.
All was quiet until July 22, the day of the Pradeshiya Sabha elections. At the time, Jayaratne was staying at a church in Hatton. Jayaratne was on his computer at around 11 pm when he heard someone talking downstairs. His cook said in Tamil that ‘the lawyer had come.’ The visitor, however, was speaking in Sinhala. When Jayaratne stepped out, he noticed that the visitor owned a blue four wheel drive.
Jayaratne was clad in a shirt and sarong. His phone was hidden in his jacket. “I was always expecting trouble,” he explained.
Abruptly, he was pushed into the vehicle and taken to the tea estate in front of the Church. There were four men inside, including the driver. The group drove into the estate and forced Jayaratne out of the vehicle. They questioned him for 15 minutes, asking him who was ‘behind his work’ and why he was staying at the Church. Jayaratne was teaching some of the Tamil students English. He told the police that he was preparing for his exams, and had come to the Church to study. The men asked for his address in Colombo, and to protect his parents, Jayaratne gave a false address. At one point, he was shoved hard, so that his sarong fell off. The men also photographed him for identification purposes. He was ordered to come to the Hatton police station with more information on July 25. The men then left him in the plantation, and Jayaratne found his way back to the Church two hours later.
He immediately moved from Hatton to a safe house near Colombo, where he is now staying. Jayaratne says that though he has dialed the police emergency hotline 119 after each incident, no action has been taken to protect him or investigate his complaints. On May 30, he wrote again to the National Human Rights Commission only to be told in writing the next day that the matter fell outside their mandate.
The next day, Jayaratne filed a Fundamental Rights Application with the Supreme Court (case SCFR 223/2011), claiming his rights under Article 12 (1) and (2) of the constitution had been violated by the Law College, which released the final results for the exam before a final determination on the inquiry into the examination related ‘irregularities’. The first hearing on the case was held on Thursday (1).
Incidentally, on Monday, August 29, the Law College held an event marking its 137th anniversary. The Chief Guest on the occasion was President Mahinda Rajapaksa, who was awarded honourary status at the College. Jayaratne said this was unprecedented in College history. “The Law College has always respected the Chief Justice, and never entertained politicians as guests. This goes against tradition,” he said. Chief Justice Shirani Bandaranayake was also present at the ceremony.
It is notable however, that the Law College Principal and the police spokesman both dismissed Jayaratne’s complaints as pure hearsay. The Principal told The Sunday Leader that an investigation had been held on the matter, while police spokesman Prishantha Jayakody pointed out that Jayaratne’s evidence was almost exclusively based on a conversation overheard at the canteen. “He has no direct evidence that the paper was leaked. It is just a rumour,” Jayakody said on an earlier occasion. “They were unfounded allegations,” the Principal said in April. He added that Jayaratne had been given a fair hearing, with legal representation. IUSF Convenor Udul Premaratne was among those who accompanied Jayaratne to the hearing.
UPFA MP Namal Rajapaksa meanwhile said he had never heard of Thushara Jayaratne. He added that though he moved with many different cliques within the College, he had never encountered Jayaratne before. He added that even the student union heads had never heard of him. As to the allegations, Rajapaksa said there was no question of the papers being leaked.
Rajapaksa explained that he studied with a group of 10 to 15 people, and they had discussed the subject both before and after the exam, as normal students did. He also denied that he was given a separate room to sit in. “It was a normal classroom, and I did not sit for the exam alone,” he said.
Interestingly, Jayaratne’s fears for his life seemed to have eased somewhat. Where he would once only communicate via Skype, he is now contactable via mobile phone. His Facebook profile states, “I am the person complaint [sic] Namal Rajapaksa exam violation at Sri Lanka Law College,” in the Education section. “I am interested in the rule of law,” he adds, before providing his mobile number on the social networking site.
It would seem that authorities are largely dismissive of Jayaratne’s complaints as being groundless. Rajapaksa himself denied the allegations. Jayaratne, meanwhile, maintains that the paper was leaked, and is worried that his case will not receive a fair hearing.
Case Postponed Till October 25
The Fundamental Rights application which came before a three judge Bench in the Supreme Court on Thursday September 1, was postponed till October 25, Jayaratne’s lawyer, Lakshan Dias said. The bench comprised Justice Shirani Thilakawardene, Justice M. Imam and Justice Chandra Ekanayake. Justice Thilakawardene refused to hear the case  as she is a member of the Incorporated Council of Legal Education which has been named as a respondent. It was agreed to postpone the case until a new Bench is constituted.
The Attorney General brought forward two objections on the time bar and jurisdiction of the case. Dias brought forward the objection that the petitioner genuinely fears for his life considering the nature of the case

Writer probed for radical links

Saturday, 03 April 2010 20:58

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.

But on Saturday, police spokesman Prashantha Jayakody said Perera was being held while police investigate "possible links to Islamic militants."

"She has not been formally charged yet because police are still investigating the case," Jayakody told AFP. He accused the writer of "insensitive religious writings."

The author, a native Sri Lankan who is resident in Bahrain, was detained while holidaying on the island after trying to mail copies of her books to undisclosed recipients abroad.

The books are titled "From Darkness to Light" and "Questions and Answers." Perera's lawyer, Lakshan Dias, said the writer was a victim of religious intolerance.

"Her writings don't insult any religion. They're a collection of opinion pieces on the way Buddhism is being practised," Dias told AFP.

He rejected allegations that his client had any links to religious extremists

Case dropped against author       By ANIQA HAIDER ,  Posted on » Sunday, May 22, 2011

A BAHRAIN-based author who was stranded in Sri Lanka for nearly 14 months after being accused of blasphemy has had the case against her dropped. Sarah Malanie Perera was detained via emergency laws in Colombo in March last year for alleged "anti-state" activities and links to Islamic militants. She was locked up for two months before being released on 50,000 rupees bail (BD180), but was banned from leaving the country. The 39-year-old was arrested for the publication of a book, which described her conversion from Buddhism to Islam. Lawyer Lakshan Dias confirmed she had been released and was already back in Bahrain. "Ms Perera was released by the Colombo Magistrate and she left the country on the same night," he told the GDN from Sri Lanka. "She was released on the order of Attorney-General's Department where the authorities decided to drop charges. "The release order was received by the Magistrate's Court last month according to the record, but the staff failed to submit the documents on time. "An eminent lawyer and prominent figure in the Sri Lanka Muslim Congress (SLMC) Nizam Kariapper intervened and confirmed documents were submitted to the court and subsequently she was released." Ms Perera could not be reached for comment and Mr Dias confirmed he had not had contact with her since she returned to Bahrain. He said her sister Najmah e-mailed him to confirm the author had reached home safely, but was keeping a low profile due to the unrest. Ms Perera was on holiday in Sri Lanka when she was arrested for trying to post copies of her books From Darkness to Light and Questions and Answers to Bahrain. They focus on her conversion to Islam and the original teachings of Buddha. She was charged via two sections of a law that makes it illegal to insult religion and was facing up to three years in jail, if convicted. But Ms Perera, who first came to Bahrain in 1985, denied having any links to Islamic extremists and claimed she was being victimised for exercising her freedom of expression. She earlier said she had only gone to Sri Lanka to assist her elder sister Mariam, who owned a gift and flowers shop. Mr Dias previously argued his client had no intention of insulting the Buddhist faith and there were no grounds for a criminal case. She embraced Islam in 1999 after studying religion at Discover Islam. Her father Norbet Perera, mother Soma and sisters Padma, Rasa, Padmani and Malanie also later converted to Islam. They are now called Mohammed, Aisha, Fatima, Raihana, Fowzia and Najmah respectively. aneeqa@gdn.com.bh

Case dropped against author       By ANIQA HAIDER ,  Posted on » Sunday, May 22, 2011

A BAHRAIN-based author who was stranded in Sri Lanka for nearly 14 months after being accused of blasphemy has had the case against her dropped. Sarah Malanie Perera was detained via emergency laws in Colombo in March last year for alleged "anti-state" activities and links to Islamic militants. She was locked up for two months before being released on 50,000 rupees bail (BD180), but was banned from leaving the country. The 39-year-old was arrested for the publication of a book, which described her conversion from Buddhism to Islam. Lawyer Lakshan Dias confirmed she had been released and was already back in Bahrain. "Ms Perera was released by the Colombo Magistrate and she left the country on the same night," he told the GDN from Sri Lanka. "She was released on the order of Attorney-General's Department where the authorities decided to drop charges. "The release order was received by the Magistrate's Court last month according to the record, but the staff failed to submit the documents on time. "An eminent lawyer and prominent figure in the Sri Lanka Muslim Congress (SLMC) Nizam Kariapper intervened and confirmed documents were submitted to the court and subsequently she was released." Ms Perera could not be reached for comment and Mr Dias confirmed he had not had contact with her since she returned to Bahrain. He said her sister Najmah e-mailed him to confirm the author had reached home safely, but was keeping a low profile due to the unrest. Ms Perera was on holiday in Sri Lanka when she was arrested for trying to post copies of her books From Darkness to Light and Questions and Answers to Bahrain. They focus on her conversion to Islam and the original teachings of Buddha. She was charged via two sections of a law that makes it illegal to insult religion and was facing up to three years in jail, if convicted. But Ms Perera, who first came to Bahrain in 1985, denied having any links to Islamic extremists and claimed she was being victimised for exercising her freedom of expression. She earlier said she had only gone to Sri Lanka to assist her elder sister Mariam, who owned a gift and flowers shop. Mr Dias previously argued his client had no intention of insulting the Buddhist faith and there were no grounds for a criminal case. She embraced Islam in 1999 after studying religion at Discover Islam. Her father Norbet Perera, mother Soma and sisters Padma, Rasa, Padmani and Malanie also later converted to Islam. They are now called Mohammed, Aisha, Fatima, Raihana, Fowzia and Najmah respectively. aneeqa@gdn.com.bh

Ex-detainees claim AFP officer present at torture

Joel Keep and Rebecca Leaver

Story Added : 21st April 2011

The Department of Foreign Affairs (DFAT) has expressed concern over the conduct of security forces working in cooperation with the Australian Federal Police (AFP) in Sri Lanka.

Two former Christmas Island detainees arrested by Sri Lanka's Criminal Investigation Department (CID) after they were deported from Australia in 2009 claim to have been abused by members of the unit in the presence of an AFP officer.
Their lawyer, Lakshan Dias, says CID officers beat the men with wooden planks and threatened to rape their family members.
He says an AFP agent was visiting the CID headquarters in Colombo at the time.
"I was tortured. I was unable to pass urine for two days. I had unbearable pain in my body," said one of the men, Sumith Mendis, 31.
The CID denies the allegations.
The AFP has been providing the CID with equipment, training and intelligence support in an effort to combat people smuggling in the area, as civilians attempt to flee Sri Lanka following the end of the country's brutal 26-year civil war.
Mr Mendes and fellow ex-detainee Lasantha Wijeratna are being held at the country's Negombo prison, charged with illegally attempting to flee Sri Lanka.
Prior to their imprisonment they spent more than seven months on Christmas Island after leaving for Australia on a fishing vessel in 2009.
They were arrested by Sri Lankan authorities in August 2010 after attempting to flee the country a second time.
The AFP strenuously denies witnessing the abuse but has confirmed one of its officers was in the building at the time.
"The AFP can confirm records indicate an AFP officer was present in the building on the day the offence was alleged to occur," a spokesman told the ABC.
"At no stage did the AFP officer witness any mistreatment by CID officers of any persons held in custody.
"As part of the Sri Lankan legal process, all defendants appearing before court must first be examined by a judicial medical officer. The AFP has no knowledge of any concerns being raised."
However, Amnesty International reported in March 2010 that the two men were hospitalised at the recommendation of a judicial officer.
According to the men's lawyer, the AFP would have been aware of the abuses being carried out at the CID headquarters that day.
"There is no reason that the particular AFP officer [would] not have seen the interrogation and atrocities towards my clients, and my clients told me that they saw the AFP officer [witness] this interrogation," Mr Dias said

Right to Travel Under Threat from New Laws
By Feizal Samath

COLOMBO, Oct 9, 2009 (IPS) - New laws dealing with foreign employment agents and migrant workers, Sri Lanka’s biggest foreign revenue earner, have stirred up a hornet’s nest and concerns over a fundamental issue – the freedom to travel.

"The fundamental freedom to travel (enshrined in Sri Lanka’s Constitution) is being challenged under these new laws," noted David Soysa, a veteran rights activist in the migrant worker industry, and director at the privately run Migrant Workers Centre.

Early this month, Parliament approved laws, in the form of amendments to the Sri Lanka Bureau of Foreign Employment (SLBFE) Act of 1985, which grant ‘authorised’ civilian officers police powers to tackle bogus employment agents and illegal migrant workers.

Migrant workers, possessing false travel papers, could be arrested at the point of departure. Those who have not paid the compulsory registration cost for employment abroad are liable to be turned away if they refuse to pay the fee. The compulsory fee includes a payment for an insurance scheme generally used by the SLBFE to repatriate stranded workers overseas.

Among other changes in the law are a ban on newspaper advertisements offering overseas jobs by employment agents unless the ads are approved by the SLFBE; proper collection of levies, taxes and other payments from employment agents and migrant workers, and imposition of fines and jail terms for violation of these laws.

The SLBFE is a state organisation that is responsible for foreign employment and works under the Ministry of Foreign Employment Promotion and Welfare.

The government says the current stock of Sri Lankan migrant workers overseas is 1.6 million (out of the country’s 20 million population), of whom over 800,000 are women. Annually, more than 200,000 people seek employment overseas. Most of the migrants are based in the Middle East, the biggest source of employment, particularly for female domestic workers, since the late 1970s.

This industry for years has been troubled by migrant workers facing serious problems at the overseas workplace, with the common issues being lack of awareness of language and culture; sexual and other forms of harassment; and dispute over an agreed wage. Employment agents have been blamed for over-charging recruits and not taking responsibility for problems arising at the other end.

Lakshan Dias, a Sri Lankan human rights lawyer who has worked for over four year in Hong Kong with migrant worker associations, said none of the demands of the workers is contained in the new laws. "It’s only about collecting taxes and levies from workers and job agents."

He said giving police powers to SLBFE officials violates the rights of migrant workers. "They can arrest and detain people and could be subject to torture as the general case is (evident) in Sri Lanka when eliciting information," he said, noting that the rights of workers and their freedom to travel are missing in the new laws.

Workers and organisations working on their behalf have often complained about the lack of rights for migrants, which are mainly those in the workplace. In most countries in the Middle East, domestic workers do not have any rights or are unaware of their rights, if available.

In the U.S., expatriate workers are getting much better protection. A pamphlet issued recently by the U.S. State Department says expatriate workers are entitled to comprehensive rights and that hundreds of organisations are available to assist them in filing complaints and pursuing legal claims against employers.

They have rights to be paid, the right not to be retaliated or be discriminated against, female workers’ rights and workers’ rights to a healthy and safe workplace.

A U.S. embassy official told IPS that this is also useful information for Sri Lankans travelling to the U.S. for work. Not many Sri Lankans, however, find employment in the U.S.

A senior government official, however, defends the controversial new laws, saying these are meant to protect the workers and their families.

"Job agents charge unreasonable fees, and under the new laws our officers can visit, search and arrest errant agents," said L.K. Ruhunugge, Additional General Manager at the SLBFE. He added that the bureau ensures that agents do not charge any fees that are not authorised.

In most cases, foreign employers pay the entire fee – for visas, registration, job agents’ commission, medical checks and air tickets. However, poor migrant workers are often duped to mortgage their properties or sell off their meagre belongings to pay a fee to a local agent if they are to secure a job. In future under the new laws, any unauthorised payments would be an offence.

Human rights lawyer Dias, who has been travelling between Colombo and Hong Kong several times during his overseas stint, said he has seen many instances where migrant workers are barred at the airport from travelling because they have a problem, including non-payment of fees to the bureau. "This is illegal. The officers of the bureau stationed at the airport have no right to stop a person travelling abroad if they have proper travel documents.

"Only the police or immigration officers have this right," he said. According to him bureau officers also target the shabbily dressed (poor workers) rather than the well-dressed, white-collar workers. "I tested this once – dressing well and shabbily – and the treatment differs."

Mixed reaction to asylum seeker decision in Sri Lanka

Sally Sara reported this story on Saturday, April 10, 2010 08:03:00

Listen to MP3 of this story ( minutes)

Alternate WMA version | MP3 download

ELIZABETH JACKSON: Human rights lawyers and former asylum seekers in Sri Lanka have also condemned the Federal Government's decision to suspend the processing of asylum seeker claims.

But the Sri Lankan Government has applauded the announcement and says Tamils have no need to leave their homeland.

Our South Asia correspondent Sally Sara reports from Colombo.

SALLY SARA: In the back streets of Colombo, a young Tamil man is still dreaming of life in Australia. Arockiam Anthony Lawrence has already tried and failed once to reach Australian shores.

He was picked up by the Sri Lankan Navy after the people smuggling boat he was on ran out of food and water. He's now on bail, accused of having links to the Tamil Tigers.

He says discrimination against Tamils is still going on in Sri Lanka and he believes it will continue.

Human Rights Lawyer Lakshan Dias says the Australian Government is jumping too soon if it believes the human rights situation has improved dramatically in Sri Lanka.

LAKSHAN DIAS: The situation is still not clear for anybody to return, especially from the minority communities. Things are happening in this country. Things are not very favourable for returnees.

So it's a very bad decision if the Australian Government decided to send them back. The human rights community in Sri Lanka believe that the Sri Lankan human rights conditions are not improved.

SALLY SARA: Mr Dias says if the Australian Government wants to reduce the number of asylum seekers it should be concentrating its efforts on trying to improve democracy and governance in Sri Lanka.

LAKSHAN DIAS: If the people have more access to an independent safety net, independent protection system, people will not go to Australia. People will stay here.

So that's the role of the Australian government; a government which believes in rule of law; a government which believes in democracy; which believes in governance.

SALLY SARA: Less than a year after the end of Sri Lanka's civil war, tensions between the Sinhalese majority and the Tamil minority are yet to completely evaporate.

Thirty-one-year-old Saman knows what it is like to be caught between the two. He is Sinhalese, but was accused of being a Tamil Tiger sympathizer.

He applied for asylum after reaching Christmas Island in April last year, but his application was rejected and he was sent back to Sri Lanka.

SAMAN (Translated): Yes, I am under threat. Since I arrived in the country I complain to the authorities - several organisations - regarding my security, and still people are searching me to kill me. So I am under threats.

SALLY SARA: But the Sri Lankan Government says old divisions have healed. Vinayagamoorthy Muralitharan was a senior commander with the Tamil Tigers. He's now Sri Lanka's Minister for National Integration and Reconciliation.

VINAYAGAMOORTHY MURALITHARAN: I can tell one thing; our country is perfectly safe for the people now. In the future we can develop our country very well; we can use the job opportunities, we can create the jobs for the Tamil people.

SALLY SARA: The Sri Lankan Government is promising its next term in office will deliver peace and prosperity to the country, which is still emerging from decades of civil war.

This is Sally Sara in Colombo for Saturday AM

Homeless killings strike fear in Colombo By Charles Haviland BBC News, Colombo

There is speculation that a serial killer is responsible for the murders

Continue reading the main story

Related Stories

• Country profile: Sri Lanka

In a horrific development in Sri Lanka's biggest city, at least seven homeless people or beggars, most of them disabled, have been murdered in the space of a few weeks.

The murder methods have been particularly violent, the victims crushed with rocks or beaten with poles as they slept.
The money they had on them is stolen.
The police have not yet solved the killings.
Just days ago the body of Manoj Kumara, a 38-year-old who had sold lottery tickets in the street for 20 years, was found in a doorway in the southern suburb of Mount Lavinia.
He was disabled and the tricycle he used was beside his body.
Watched by a crowd at the scene, Manoj's mother wept for her son - the latest person working or living in the streets to be murdered.
"He didn't have enemies," she cries. "We don't know what happened to him."
Like several of the victims, Manoj was killed especially brutally - with a rock which now lies in two pieces by the bloodied corpse.
Insecure existence
Two killings happened in Kotahena, a poor part of the inner city. I visit one of the murder spots, a small back street where a homeless labourer was killed, also by crushing, in the door of a steel merchants', apparently as he slept.

Continue reading the main story

“Start Quote

Some of us live in fear”

End Quote AD Gamini Beggar

A mile or so away by the big Catholic church and shrine of St Anthony, there is a community of beggars, homeless people and others who ask for money on the streets.

Some are badly disabled - as were most of the murder victims.
They appear to care for each other. They already lead an insecure existence, afraid of being moved away by the police, who say begging is illegal.
Some of these people say are not afraid because they can protect each other. But for others, fear is mounting, says a disabled beggar, AD Gamini, who uses a hand-powered tricycle.
"Some of us live in fear," he says.
"Those who don't have houses are scared because they usually sleep on the pavement. I am going home soon now to avoid it.
"I don't know why they kill disabled people like us."
Hard to protect
Police spokesman Superintendent Prishantha Jayakody told the BBC that to try to catch the criminals some of his staff are now sleeping in streets pretending to be beggars. He says they have already arrested one man who he believes is guilty.
But the murders have continued and some believe a serial killer is at large.
Lakshan Dias, a community lawyer, says a pattern is emerging.
He believes Sri Lanka's post-war situation has left violent people and groups with more time on their hands and believes "there is a well-organised group behind it".
"This kind of brutality cannot come from an ordinary citizen. [It] cannot come from a fellow beggar.

Continue reading the main story

“Start Quote

Beggars are no people; beggars are nobody's concern”

End Quote Lakshan Dias Community lawyer

"This kind of brutality cannot come from someone who wants to rob. It's beyond their capacity. It is some kind of people who have capacity who are doing these things," he says.

But who?
The police have a macabre mystery to deal with.
Supt Jayakody admits it is hard to protect homeless people because, he says, they sleep in many places. But he says the police will "definitely" trace the killers.
Mr Dias worries, however, that there is not sufficient social concern for these people when they fall victim.
Politicians in recent years have described beggars as a "nuisance" or an eyesore, and in the past they have been periodically deported to a notorious camp far away in the south of the country.
The Hong Kong-based Asian Human Rights Commission (AHRC) says this was done during the IIFA (Bollywood Oscars) event here last month.
It also expressed concern that the Prime Minister, DM Jayaratne, alleges that members of the defeated Tamil Tiger rebel movement are posing as beggars to gather information. The AHRC said such remarks were creating "the climate for killing".
With one or two exceptions, the media here have devoted little attention to these killings.
"Beggars are no people; beggars are nobody's concern," says Mr Dias.
"It's shocking."

Lakshan Dias Association Appeared for  Plane Struggle Leaders appear in Negombo Magistrate Courts today -11.07.11

Negombo Police arrested Two leaders claiming they were engaged anti government activities on 27th November 2010 at Negombo. Distributing leaflets are the main reason behind the arrest. The 4th day of the hearing of the case is on 11 July 2011.

So, this is just a note about what is our stand on Negombo lagoon and sustainable fisheries, human rights of the country. We prepared this last December and thought worth to add this to my diary.

Herman

Negombo Lagoon: A World Heritage
World famous Negombo Lagoon in Sri Lanka which has been the breeding ground of thousands of marine species that not only make the Lagoon their home but the Indian Ocean as well for many a millennia and provide livelihoods to generation after generation of fisher folk both in the lagoon and also in the surrounding sea, making ‘Negombo Fish’ (Meegomu Maalu) a brand of high quality fish in Sri Lanka and abroad is under grave threat from an ill conceived and conceptualized, environmentally and people unfriendly ‘Seaplane Tourism Project’. People of Negombo and elsewhere have responded well to the voluntary and spontaneous protest of the Fisher Folk in objecting the ‘Seaplane Project’ which will convert the platform for livelihoods of thousands - Negombo Lagoon - into a playground of spoiled naughty rich tourists and for a few greedy people to line up their pockets.

Right to Breed (Fishes) & Right to Feed (Fisher Folk)
Negombo Fisher Folk in Sri Lanka who are well used to brave stormy seas and the elements have found themselves in the eye of an ‘economic storm’ brewed by a few greedy business people and public servants and politicians who support them. This is literarily unfamiliar ground for the Fisher Folk as they are traditionally concerned with risks to their livelihoods that come from the seas. The cause of the Fisher Folk is championed by Negombo Lagoon Fisher People’s Organization, chaired by Mr. Marcus Fernando and the All Ceylon Fisher Folk Trade Union, of which the Chairman is Mr. Aruna Roshantha.
So far the Fisher Folk have been successful in keeping the ‘Seaplane Project’ at bay despite the highest level force exerted by the Government through the local and National level officers, politicians, Police, Army, Navy and other resources funded by the public. Fisher Folk have vowed not to allow the ‘Negombo Lagoon’ be taken away from their children and to fight this injustice to a positive legal conclusion that protects the rights of the fish and other species to breed and the Fisher Folk to Feed their families. Fortunately the Government has temporarily heeded the protest and a there is the ‘calm before the next big storm’.
Protests by Fisher Folk
Within this background the Fisher Folk continue to create awareness amongst themselves, amongst the public and the media about their rights, plight of the Negombo Lagoon and the reckless attitudes displayed by the ‘public servants’ and decision makers. There were many rallies, protests, fund raisings organized by the Fisher Folk and during a leaflet distribution campaign held on November 28, 2010 two of the leaders of the Fisher Folk, Mr. Marcus Fernando, Chair Person of Negombo Lagoon Fisher People’s Organization and Mr. Aruna Roshantha, Chair Person of All Ceylon Fisher Folk Trade Union were arrested by the Police for distributing an information leaflet, which is a right enshrined by the Constitution of Sri Lanka.
The Court Case against the two fisher leaders came up in Negombo Magistrate Court yesterday, 14th December. Mr. Marcus Fernando, Chair Person of Negombo Lagoon Fisher People’s Organization and Mr. Aruna Roshantha, Chair Person of All Ceylon Fisher Folk Trade Union, were arrested by the Negombo Police on 28th November claiming they were trying to provoke people against the Government by distributing a leaflet on Seaplane issue in Negombo Lagoon.
These two Fisher Folk Leaders appeared before the Negombo Magistrate yesterday and were released on bail with personal sureties amounting to Rs. 200,000/- each. Hundreds of Fisher Folk rallied around them and were around the Magistrate Courts.
A Leaf from President Mahinda Rajapakse’s Old Book!
Mr. Lakshan Dias, a lawyer from Center for Human Rights and Development [CHRD], appeared for the Leaders of the Fisher Folk and presented the case while 21 other lawyers also appeared voluntarily showing solidarity for the cause of the Fisher Folk.
Lawyer Lakshan Dias quoted from a Supreme Court Judgment of Veteran Supreme Court Justice Mark Fernando on ‘Jana Ghosha’ which was organized by our current President, His Excellency Mahinda Rajapakse, when he was an opposition MP in 1992:
“TODAY POLICE HAS NO RESPECT FOR RULE OF LAW AND OFTEN POLICE OFFICERS DO THIS KIND OF ACTIONS TO PLEASE POLITICIANS. THAT IS HOW THIS KIND OF CASE COMES UP. THE COURT AND THE ATTORNEY GENERAL HAS THE POWER TO ORDER WITHDRAWAL OF SUCH PROCEEDINGS. ALLOWING SUCH CASES TO PROCEED IS BAD FOR THE JUDICIAL SYSTEM.”
Sadly the situation has only worsened over time due to the Judicial System not being responsible as it was called upon to be by the Justice Mark Fernando. Accordingly Mr Lakshan Dias, the lawyer for the defense argued and moved for the dismissal of the case, based on the above with any further proceedings, while the Police opposed saying they needed to time for fact funding and presenting their case! So, the case was postpone the hearings and will be further examined on 31st January 2011.
There were more than 200 fishermen and women attended the Court to observe the case as well as to give strength to their Leaders who represent their ‘Right to Feed’ their families through their livelihoods on Negombo Lagoon.
In addition there were people and people leaders from all over the Country, from Hambantota, Matara, Kalutara, Colombo, Trincomalee, Puttlam, Kurunegala, Mannar amongst the crowd who came to the Court to show their solidarity to Negombo Fisher Folks.
Protests Continue
After the Court Case was adjourned and the two Fisher Leaders were released on bail, number of fishermen, civil society activists, and catholic priests could be seen distributing a leaflet for educating general public against arresting of fisher leaders around Negombo Town. The support from the general public was overwhelming as they have now come to realize the destructive impacts of the Seaplane Project on Negombo Lagoon, their general socio-cultural environment and their own fisher people.
“We are not afraid of this arresting as we haven’t done any anti-government activity. We only did educate general public against this destructive seaplane issue and this struggle will continue further. No one can stop lagoon fishermen protecting their only source of livelihood. With our people we have become strong. Lagoon belongs to us and we need to protect it.” said Marcus Fernando, Chairperson of Negombo Lagoon Fisher People’s Organization addressing the media after being released on bail. He said that the people are fully committed to maintain the pressure to put a full stop to the Seaplane Project and thereby to protect Negombo Lagoon from permanent destruction.
Irresponsible Attitude of Government Officers
However, despite all these it appears that irresponsible attitude of government officers continue. Within a few hours of the Court appearing of the Fisher Leaders, it was observed what the Secretary of the Ports and Aviation ministry, Mr. K.V.P. Ranjith de Silva’s had to say to the Lakbima News media. Following are the questions asked by the journalist and the answers given by the Secretary:
Journalist: What is the future of the Seaplane Project in Negambo?
“The government has identified the importance of tourism and the importance of seaplanes as a mode of tourist transportation. This project will be carried out, currently we are studying the impact and trying to minimize the affect of the local fishing population.”
Journalist: Are you implying that you did not study the matter before?
“Well, the Central Environment Authority has given us a conditional approval and what fishermen and environmentalist say is only an opinion. We will see what we can do.”
Crimes Against Environment & Humanity
It is very sad that the Government Officers act in this manner bringing the Government and the people on a collision path with their ill conceived, poorly researched and destructive projects that cause irreversible damage to the environment and destruction of livelihoods of ordinary people.
These are crimes against the environment and the people and should be seen as such by the politicians, decision makers, opinion leaders, artists, and the public.
Ethically to protect ones job and feed his family or to create an enterprise and profit from it, one cannot destroy livelihood of thousands of already marginalized people, an if one does that it is a crime of the highest order against the humanity.
People & Environmentally Friendly Eco-Tourism
Surely Negombo Lagoon has untapped huge potential. That potential needs to be tapped in a very sensitive, environmentally friendly, sustainable manner using a pro-poor approach. In the centre of such sustainable development are the core activities of ‘traditional fishing’ and ‘community based eco-tourism’ that uses the traditional fishing as the platform. Fishing tours, sea food restaurants, home stays, handicrafts, fisher-folk culture etc. would lead to enough income to alleviate poverty, collect taxes, draw foreign exchange and fill the current and future hotels in the ‘Little Rome’ as Negombo is known for over hundreds of years!
What is Future of the People’s Struggle?
Government is responsible for protect people’s rights. So, they should ensure not to harm people, their right to life and livelihoods, environment, decent life pattern and also the rights of the children. People have learnt lessons now and becoming united to face the challenges. What they are doing today is to organize as united fisher people’s body. Leader are working hard to form village unit from each anchorage point, unionizing the people for any future hazard to face. Also, now they are ready not only to face the challenges to come. But also to challenge any one disturb their life and livelihoods in the future.
Bringing them to the courts will not repress them and they are ready to go to courts in the future too. Government had given them an opportunity to learn from the experiences. People are learning, learning to the death.
What Marcus Fernando, Chair Person of Negombo Lagoon Fisher People’s Organization said at the end of the court case is important. “Lagoon is our mother. Lagoon is Mother to more than 15,000 people who are living around the Lagoon. We will not allow to destroy our mother. We protect it what ever possible way. Bringing us to the court gave us more courage and strength to protect the lagoon at any cost. So, we are determined to protect the lagoon and will go forward. We will create history.”
Come and join with the Fisher People’s Struggle!
Long Live Fisher People’s Struggle!