Foreign Minister
Rohitha Bogollagama
On IDPs
The Government remains committed to resettling the people and restoring their livelihood, in the shortest possible time, in their original villages while implementing a massive development drive.
Providing food amounting to a million packs a day is no mean task for the government, and resettlement, therefore, becomes a top priority. In addition to the 59,608 IDPs who have already been resettled in the past few months, another 15,000 from the Jaffna district will be resettled in their original homes soon.
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| Foreign Minister
Rohitha Bogollagama |
One of the impediments to the process of resettlement is the evidence that some terrorist cadres have infiltrated the IDPs and the release of the civilians very correctly depends on a screening process. The worst challenge in this regard, however, is the extensive mining by the terrorists in these areas which they previously held. There are eight de-mining organizations currently working in Sri Lanka. Mine clearance has been accelerated with the security forces and international collaborator teams working together.
Under the family reunification programme, over 5,000 people have been re-united within the IDP relief villages with further releases anticipated in the near future after bona fides and capacities of prospective host families are established. It may also be noted that a number of persons released to host families have returned to the welfare villages re-seeking refuge.
While these programmes are ongoing, a number of steps have been taken to reduce the overcrowding in the relief villages, ensuring the provision for water, sanitation and pipe borne water sufficient for 250,000 persons. The WFP has stated that sufficient food was reaching the people in these villages, and therefore the incidences of malnutrition have been drastically reduced.
The resettled civilians also have been provided with livelihood support. Infrastructure facilities in these villages have been restored and improvements are being carried out. The Presidential Task Force which is overseeing resettlement, development and security in the Northern Province has taken several steps to stabilize the living standards and income of the people from that region coming under the on-going programmes for rehabilitation.
On media freedom
Much interest has been evinced from different quarters in the case of Mr. J. S. Tissainayagam, possibly because he is a journalist. It is regrettable that the verdict of the court is being portrayed as a threat to freedom of expression in Sri Lanka when an indictment had been filed against him through the normal judicial procedure of this country. The High Court commenced its trial on September 9, 2008 and Mr. Tissainayagam has made a confession disclosing his links with the LTTE. Howls from the international community have overlooked that Mr. Tissainayagam has been found guilty of inciting terrorism and related issues.
He is not the only one to have been convicted under the Prevention of Terrorism Act (PTA) but just one of them. Those who have conspired with terrorists in a manner to pose a threat to security of this country have been convicted earlier, including some members of the security forces. In fact, a senior police officer who is also in detention for alleged links with the LTTE, investigations on which is presently on going, is a case in point.
It may be recalled that Mr. Tissainayagam was also in detention in the same manner. Those who have expressed concern over the Tissainayagam verdict, therefore, must realise that the due process of law has taken place and no one in this country is above the law, be it a journalist or a member of the security forces. Mr. Tissainayagam can still recourse to the appellate courts in accordance with Sri Lankas judicial process. The criticism of the judicial action could amount to the disrespect of the laws of this country.
Opposition Leader
Ranil Wickremesinghe
On IDPs
About 250,000 persons are still being kept in Government camps in the Wanni district. The Government has stated that it cannot release the rest until the LTTE personnel are identified. The Government has had three months to identify LTTE personnel. The military authorities have stated that they have already identified over 9,000 suspects. According to news reports thousands of people have escaped from camps -- including active LTTE cadres.
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| Opposition Leader
Ranil Wickremesinghe |
The government can hold people in camps if it is legally authorised to do so. There is no statute law applicable which enables the government to keep persons under the Government’s control. The Regulation under the Public Security Ordinance also does not make such provision. Regulation 19 enables the Secretary, Ministry of Defence to detain any person in custody to prevent such person from acting in any manner prejudicial to national security. Therefore, if the government is going to hold 250,000 persons under Regulation 19, there should be 250,000 separate detention orders. Physically, it is not possible to have 250,000 inquiries. There are no Detention Orders in respect of these 250,000 people.
Then under what law or regulation are you holding these people? These internally displaced people came into the camps at the request of the Government. From time to time the Government issued communiqués to leave the conflict areas and come to welfare centres.
It is clear that the Wanni citizens are not being held in the Government camps under any law. This is illegal. We have a government that is acting outside the law and violating the Constitution. We, in Parliament must rectify the situation. Therefore, Parliament should take the following steps: (a) Approve regulations under the Public Security Ordinance for the establishment of Centres for the Internally Displaced Persons in accordance with the Guiding Principles on Internal Displacement; (b) establish a Parliamentary Committee to oversee the re-settlement of the IDPs in Wanni, (c) LTTE suspects to be detained under Regulation 19.
Sri Lanka is accused of detaining the IDPs. We have only ourselves to blame. If the Government had taken these measures no one could have levelled accusations against our country.
On media freedom
Another threat to media freedom is the Government’s attempt to reintroduce criminal sanctions against media personnel. They are attempting to use the temporary provisions of the Prevention of Terrorism Act to bring in criminal defamation through the back door.
These laws were enacted in 1979 to replace the Proscription of the LTTE Act 1978, since by that time; the government had identified a number of terrorist groups.
The then Minister of Justice, the late Hon. K W Devanayagam when introducing this Bill, stated; “Part I of the Bill deals with offences which are not new to the laws of this country. They are offences that already exist in the law. But under the special circumstances in which we are dealing with terrorists and the attendant consequences, this comes within the ambit of the special law where the punishment is enhanced.”
Then, these provisions apply only to terrorists. This is also clear from the preamble where it states that this law is against elements, groups of persons or associations that advocate to the use of force, advocate the commission of a crime, resort to acts of murder, resort to murder of Members of Parliament, Local Authorities, Police Officers and witnesses, commit acts such as armed robbery, damage to State property and other acts involving actual coercion, intimidation or violence, as a means of, or in and accomplishing governmental change within Sri Lanka.
Furthermore, this legislation does not take away the freedom of speech and expression including publication contained in Article 14.1(a) of the Constitution -- the right to speak and express your views and to publish them without censorship.
In this case, the government has not respected the Rule of Law. It did not produce any evidence to establish that Tissainayagam was a member of the LTTE. If they had evidence they should have produced him in courts. He has been prosecuted as the editor of a website, that is, as a media personnel. This certainly was not the intention when we passed the PTA.
The government should seek redress only by constitutional methods and not by subverting the constitution. As a result, all journalists face a new danger, if the government think it can prosecute them for communal disharmony irrespective of being a member of a terrorist group.
Recently, the government spokesman has been referring to the need to reintroduce the Criminal Defamation laws. The Parliament’s reason for enacting Act No. 12 of 2002 was to abolish criminal sanction in regard to publications. The government is again acting in total disregard of the Parliament and its powers.
This House will have to examine whether this judgment is contrary to the intention of Parliament and in conflict with Articles of the Constitution that guarantees the freedom of expression. This judgment is not against Tissainayagam but against the media. This is a dangerous trend.
Journalists can be arrested under laws pertaining to terrorism even if they are not terrorists. Then the Police forces confessions. Thereafter he is convicted solely on the confession. This is the justice which prevailed in Adolf Hitler’s time. This is, one more attempt to totally disregard Parliament and its powers. |
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