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The Human Rights Watch (HRW) has noted that the winner of Sri Lanka’s presidential election on November 16, 2019 will face enormous challenges to deliver justice for past crimes and prevent future abuses.

HRW has stated issuing a statement that since Sri Lanka’s civil war ended in 2009, there has been progress on the right to free expression, but no accountability for war crimes and other abuses committed by both sides.

Sri Lanka’s next president needs to make real progress on the 25 human rights commitments, including accountability for war crimes, made in a 2015 consensus resolution of the United Nations Human Rights Council (UNHRC). In March, Sri Lanka again joined a unanimous council resolution renewing its 2015 commitments. The resolution encourages the government of Sri Lanka to develop a “time-bound implementation strategy” for delivering on its commitments in full.

“Sri Lanka’s presidential election is certain to have important implications for human rights in the country, including justice for wartime violations,” Meenakshi Ganguly, South Asia director stated. “Whoever is elected president will be under domestic and international scrutiny to ensure that Sri Lanka meets its human rights obligations.”

The Sri Lankan government has had a mixed record in carrying out the council resolution. Both an Office on Missing Persons (OMP) and an Office for Reparations have been established, although neither is fully functioning. While serious concerns persist, there has been some progress on returning land occupied by the military during the conflict to its owners,.

However, the government has not kept its pledge to replace the Prevention of Terrorism Act (PTA), which has long been linked to indefinite arbitrary detention and torture. New concerns have arisen over freedom of expression and peaceful assembly in predominantly Tamil areas in the north, as the UN special rapporteur Clément Nyaletsossi Voulé documented earlier this year.

Following the terrible Easter Sunday bombings in April, violent mob attacks erupted against members of Sri Lanka’s Muslim minority and migrants. As with similar episodes in recent years, the authorities failed to protect minority group members from attacks or act against those responsible.

Most crucially, the government has made no progress in its commitment to create a transitional justice mechanism to promote “reconciliation, accountability and human rights” in the country. Opposition by politicians to prosecuting “war heroes” ignores the demands of citizens who have spent a decade holding vigils, seeking the whereabouts of missing loved ones, and calling for those responsible for abuses to be brought to justice.

In March, the UN high commissioner for human rights, Michelle Bachelet, told the Human Rights Council that in Sri Lanka: “there has been minimal progress on accountability. Continuing impunity risks fuelling communal or interethnic violence, and instability. Resolving these cases, and bringing the perpetrators of past crimes to justice, is necessary to restore the confidence of victims from all communities.”

“Sri Lanka’s next government will have its work cut out to meet the country’s human rights obligations,” Ganguly said. “No Sri Lankan should again have to live in fear of torture, enforced disappearance, or extrajudicial killings.”

Prof. Channa Jayasumana, who was in the forefront campaigning for Gotabaya Rajapaksa to be named the Sri Lanka Podujana Peramuna (SLPP) presidential candidate, says that he has been sidelined after Gotabaya obtained nominations to contest the upcoming presidential election.
He has added that he would likely be completely discarded even if Gotabaya wins at the elections.

Prof. Jayasumana has made these observations while addressing a book launch.

He has further said, “In fact we made sacrifices during the past four years as the National Movement and to bring forward a candidate with the support of the maha sangha. I personally believe that we were successful in the endeavor. But now we don’t have a value after nominations were handed over. I must state this now. Also, I personally believe that we will lose even the last bit of importance we have now after the elections conclude.”

“A lot of people now state that they don’t want the current 225 and that they need an educated generation to represent them at the next election. Do you think that the educated will be given nominations? Leave aside the educated generation, it is now becoming difficult to even give nominations to the existing lot in some districts,” he has said.Prof. Jayasumana has further stated, “We will therefore have a lot to think about. There are some issues that we have not spoken about mainly because it is the presidential election period. They are Hisubulla’s university, Shafi’s actions and those related to them. These topics are either purposely ignored are spoken of very little. One reason is because we get calls asking us not to speak about these matters if we make any statement about them. The other reason is that we could be accused of engaging in a destructive path from within the camp. Therefore we are forced to bear with some issues. This does not in any way mean that Hisbullah’s university is good or that Shafi did not do anything. We firmly believe that there needs to be independent investigations into these matters.”

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The Attorney General has requested the Chief Justice to appoint a Trial-at-Bar bench to hear the case of the abduction and disappearance of 11 youth.

The 11 youth were allegedly abducted in Colombo and its suburbs between 2008 and 2009 and were allegedly tortured in a secret cell at the Gunside Navy Camp.

Former Sri Lanka Navy Commander Admiral Wasantha Karannagoda and Commodore D.K.P Dassanayake are among the suspects named in the Magistrate’s Court inquiry.

New Democratic Front (NDF) presidential candidate Sajith Premadasa says that once voted into office he would appoint a new prime minister who could command a majority in parliament.

"I will not include any individual accused of corruption in my ministerial cabinet," he said making a special announcement yesterday (7).

The NDF candidate’s remarks came after Prime Minister Ranil Wickremesinghe recently told reporters that he would continue to remain in his position as Prime Minister under a Premadasa presidency.

Premadasa noted that he would appoint a cabinet of ministers comprising of young and skilled individuals who would publicly declare their assets and liabilities and would conduct the parliamentary elections at “the earliest,” and appoint a “stable government” that would see only professionals and women entering parliament through the national list.

“Nepotism and the old corrupt political system should end. Authoritarian politics which sees individuals clinging onto power by use of force or violence should end,” Premadasa added.

Ahimsa Wickrematunge, who is the daughter of slain Editor of The Sunday Leader, Lasantha Wickrematunge, says she fears the repercussions if Sri Lanka Podujana Peramuna (SLPP) presidential candidate Gotabaya Rajapaksa wins the presidential election.

Issuing a statement Ahimsa has said that many people say this election is a simple choice between democracy and dictatorship.

“What I see is more personal. I see a young child who grew up in the shadow of an invincible, incredible and beloved father. I see someone whose life was turned upside down the moment their father was murdered in a despicable and cowardly act of terrorism. I see someone who faced the terrifying challenge of trying to inch forward their father’s mission. In so telling the story of how candidate Sajith Premadasa came to be, I cannot escape the feeling that his journey, his anguish and his struggles have closely mirrored my own,” she has noted.

Ahimsa has said the events that shaped Sajith Premadasa into who he is today resonate strongly with her because the same experiences and challenges made her who she is.

“At this election, one choice is a man forged in the same fires that moulded my own soul. The alternative is the coward who celebrated my father’s murder on television. Even Prabhakharan did not boast about his senseless slaughter of President Premadasa. But Gotabaya Rajapaksa could not hide his glee when a death squash killed my father. When evidence emerged linking the military to this attack, he did not promise to investigate or protect other journalists. He vowed to shield the perpetrators from justice. Only cowards meet words with bloodshed,” she has stated.

According to Ahimsa, Gotabaya Rajapaksa, in the face of countless criminal charges, has never proved his innocence and instead has always wriggled out through delays and technicalities.

She has added that she is terrified that if Gotabaya Rajapaksa becomes President, many brave police officers, prosecutors, witnesses, judges and journalists who have crossed his path in the line of duty will find themselves on the firing line.

Turning the Northern voters tide towards the New Democratic Front (NDF), the Tamil National Alliance today (07) officially announced that all political parties in their coalition have pledged support to NDF's presidential candidate Sajith Premadasa in the upcoming Presidential Election.
The two other political parties in the Tamil National Alliance (TNA) on Monday (4) decided to extend their support to New Democratic Front (NDF) presidential candidate following a discussion with Prime Minister Ranil Wickremesinghe.

Leader of TELO, MP Selvam Adaikalanathan and PLOTE Leader, MP Dharmalingam Siddharthan met with the Prime Minister after the main constituent party of the TNA, the Ilangai Tamil Arusa Katchi (ITAK) extended its support to Premadasa on Sunday (3).
The Northern Province, often crying out for greater autonomy, was a virtual ‘one party’ political entity for years. The Tamil National Alliance (TNA), a coalition of the former Federal Party and other parties, ruled the roost.

The only challenge the TNA faced was from the EPDP (Eelam People’s Democratic Party), a one-time guerrilla outfit that aligned with the governments in Colombo when it abandoned militancy.

Under this set up, the support extended by the TNA to Sajith Premadasa will help to offset votes which will be cast in favour of Gotabaya Rajapaksa.

The TNA also offers the Northern voter an opportunity to work with the ‘South’ whipping up the racial divide between the two regions.

The social media campaigns that are being carried out by the Sajith Premadasa camp and Gotabaya Rajapaksa camp claiming victory to their respective
candidates citing a survey carried out by the State Intelligence Service (SIS) has been identified to be false.

The SIS has the mandate of carrying out a polls survey for the presidential election and any other national level election in order to hand over to the head of state. However, this time around, the SIS has not been assigned to conduct such a survey by the head of state.

However, various social media groups have release several reports predicting the outcome at the upcoming presidential election citing they have been sourced from the SIS and National Intelligence Bureau (NIB). The NIB it is learnt is now defunct.

It is interesting that the reports, which are said to be surveys predicting the outcome, have been prepared as a final election result.

Meanwhile, the Elections Commission Chairman Mahinda Deshapriya has said that some politicians and loyalists of the two main candidates were engaged in a false campaign stating their respective candidates have recorded a lead in the postal votes that have been cast.

He explained that the postal votes counting will commence on after 5 p.m. on November 16th.

Issuing a statement, Deshapriya has said that publicizing false statements about the performance of two candidates at postal voting would have an adverse impact on the other candidates.

Opposition Leader Mahinda Rajapaksa recently stated at a public rally that SLPP’s Gotabaya Rajapaksa was leading the postal votes.

Despite various propaganda campaigns being carried out between the two main contenders about their imminent victory at the presidential polls, reports from diplomatic sources reveal that there is a close battle between the two candidates and that neither of them have secured a 50% of the votes.

According to those reports, Gotabaya enjoys around 42% of the votes while Sajith is at 40%.

However, it is believed that Sajith would take the lead once his election manifesto is properly marketed in the Northern and Eastern Provinces.

The Prime Minister’s Office has yesterday called on Ven. Ududumbara Kashyapa Thera to point out the sections that were deemed harmful to the country in the proposed Millennium Challenge Corporation (MCC) Compact agreement and to submit the required amendments to the agreement.

Senior Advisor to the Prime Minister Charitha Ratwatte has made this request in a formal letter to the Thera.

Ratwatte has also forwarded a copy of the MCC agreement for the monk’s perusal.

The Prime Minister’s Office has further noted that the correct name of the agreement mentioned in a banner displayed during the protest fast should be ‘Millennium Challenge Corporation Agreement’ and not ‘Millennium City Development Corporation Agreement.’

Ven. Kashyapa Thera commenced a fast-unto-death on Tuesday to urge the government to refrain from signing the proposed MCC agreement.

However, the Thera called off his fast yesterday after receiving letters from the two front-runners at the presidential election Sajith Premadasa and Gotabaya Rajapaksa assuring that the MCC agreement will not signed before the presidential polls.

The All Ceylon Makkal Congress (ACMC) blew an election fraud whistle on 8 November saying that fraudulent vote buying with cash is being planned. ACMC also cautioned voters to not to ‘sell their votes for a few extra rupees.’

“We have been informed that in the coming days, organised vote buying will take place in the Mannar area to defeat Sajith Premadasa and us. Do not be deceived by a few extra rupees,” said the Leader of ACMC, Vanni District MP Rishad Bathiudeen.

Bathiudeen, joined by NDF Presidential Candidate Sajith Premadasa and Leader of SLMC Rauff Hakeem, was addressing the 117th NDF rally held at Mannar Sports Grounds on 8 November. A large crowd gathered to witness the 8 November NDF rally in Mannar. The ACMC has pledged its support to Presidential candidate Sajith Premadasa of the UNP led New Democratic Front (NDF) alliance in the forthcoming Presidential election.

“The forthcoming Presidential Election is not a regular Presidential Election but one that will be very decisive for Sri Lanka’s future. The ‘freedom’ or ‘slavery’ of Sri Lankan minority communities will be decided based on the outcome of this election,” Bathiudeen said.

“Therefore your vote needs to be cast very carefully. It is very important that we should be united. The Tamil speaking parties and minority parties are united is their support for NDF candidate Sajith Premadasa in order to safeguard them against an oppressive tyranny that will enslave them. Our effort is to stand together to preserve our human dignity and stand against oppression of minorities of our own country. The forces that attacked minorities, minority leadership, minority businesses and trade and wanted anarchy here since the end of war have now banded together with the opposition Presidential candidate to enslave us. They are getting together with a view of enslaving the minorities. These racist elements should be defeated. Therefore, your duty in this is to vote for Sajith Premadasa on 16 November."

Minister Bathiudeen reiterated the importance of using your right to franchise. "Do not neglect or ignore your voting power. This challenge is not about two opposition Presidential candidates but about anarchy in our country and enslaving of minorities versus Sri Lanka’s democracy and justice. We should emerge from this challenge safeguarding our livelihoods, economy, our rights-this is our own country and we should not let anyone enslave us in our own country. The way to defeat such racist forces is to stand united as minorities. We should show that the minority voice needs to be respected when choosing the President of our country."

"We have been informed that in the coming days organised vote buying will take place in Mannar area to defeat Sajith Premadasa and us. Some wealthy persons in this area are preparing to hand out cash to buy your votes in favour of opposition candidate. Do not be deceived by a few extra rupees and do not sell your votes but cast your vote to bring the largest number of votes from Mannar for Sajit Premadasa’s win,” he said.

Vote buying is illegal and a fraudulent practice in Sri Lanka. Section 66.(d) of Presidential Elections Act No. 15 of 1981 stipulates that any person “who sells or offers to sell any ballot paper to any person or purchases or offers” shall be guilty of “an offence and on conviction by the High Court, be liable to imprisonment of either description for a term not exceeding two years and shall, by conviction, become incapable, for a period of seven years from the date of his conviction, of being registered as an elector or of voting at an election.”

The police have said that two persons were injured after MP S.B. Dissanayake’s security personnel had opened fire to disperse a group of people who obstructed the MP’s vehicle at Polpitiya in Ginigathhena last evening.

Police Spokesman Ruwan Gunasekara has said a group of people had obstructed the MP’s vehicle at Polpitiya in Ginigathhena at about 7.30 p.m. yesterday and his security personnel in the back-up vehicle had opened fire to disperse them.

The injured were admitted to the Theligama Hospital.

The Tamil National Alliance has said it had decided to support Premadasa considering the past and future actions and policies and that they have not placed any pre conditions as states by SLPP parliamentarians and certain mainstream media aligned to the SLPP.

All parties in the Tamil National Alliance (TNA) yesterday (7) announced the decision to support New Democratic Front (NDF) presidential candidate Sajith Premadasa at the upcoming presidential election.

The TNA making an official announcement stated that all alliance members have reached a consensus to back Premadasa.

Furthermore, the TNA also stated that issues regarding missing persons, detainees, land release, resettlement, and rehabilitation should be addressed by the new President.

With presidential elections approaching, the United States anticipates working toward grant signing and parliamentary approval with the Government of Sri Lanka after November 16, 2019, the US embassy in Colombo said in statement today. 

"Per our policy – applied in all 29 partner countries - the Sri Lankan Parliament will have the opportunity to review and approve the grant.  The United States looks forward to continuing our partnership with Sri Lanka and to supporting its efforts to reduce poverty through economic growth," the statement said.

The United States said that they welcome the decision of the Cabinet of Ministers to approve the US$480 million Millennium Challenge Corporation (MCC) development assistance grant and noted that Sri Lanka requested this support, which is expected to benefit at least 11 million Sri Lankans through the funding of government- and private sector- identified needs.

The programmes supported by this grant will reduce traffic congestion, improve public transportation in Colombo, upgrade provincial roads, and expand existing Government of Sri Lanka initiatives to improve land administration and strengthen the land rights of Sri Lankans. 

Sri Lankan government has posted the draft of the grant agreement on the Ministry of Finance website, where it is available for the people of Sri Lanka to review.  The United States will not own or lease any land under this development assistance grant.  Sri Lanka will oversee and manage all grant-funded projects throughout the implementation of the five-year grant assistance agreement.

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