About Jim McDonald

Jim McDonald is the Sri Lanka country specialist for Amnesty International USA.
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Tissa's pardon – we're still waiting

On May 4, I wrote on this site about the Sri Lankan government’s announced pardon of the journalist J.S. Tissainayagam (often referred to as “Tissa”), who’d been unjustly convicted and sentenced to 20 years’ hard labor just for criticizing the government’s conduct of the war against the Tamil Tiger rebels.  Amnesty International has adopted Tissa as a “prisoner of conscience” since we believe that he was imprisoned solely for his journalistic activities.  I was reluctant to start celebrating until details of the pardon had been clarified.

Well, it’s now been 37 days since the announcement of the pardon, and the government still hasn’t issued it!  The Sri Lankan Attorney General said in mid-May that Tissa’s lawyers had to withdraw his appeal against his conviction, and then the pardon could be issued in a “couple of days.”  His lawyers reportedly withdrew his appeal on May 31 but the pardon has still not been issued.

Why all the delay?  Please write the Sri Lankan government and ask that the granting of the pardon be expedited.  Let the  government know that the world is still watching and that we won’t rest until Tissa’s rights are fully restored.  Thanks.

UN must investigate war crimes in Sri Lanka!

It’s been a year since the war ended in Sri Lanka, with the government’s defeat of the Tamil Tiger rebels.  In the final months of the war, Amnesty International received credible reports of violations of human rights and war crimes being committed by both sides.  The Tigers kept civilians trapped in the war zone and shot those trying to flee.  The government shelled areas heavily populated by the trapped civilians.  Thousands of civilians were killed or injured.  A State Department report issued last year recounted these crimes in detail.

The Sri Lankan government promised the UN in May 2009 that it would address these violations.  But so far what has it done?  President Rajapaksa appointed a committee of experts to advise him on how to respond to the State Department report.  And within the past week he has appointed a reconciliation commission to look into events during the war.

Unfortunately, the Sri Lankan government has a poor record of holding its forces accountable.  Just read the Amnesty report, “Twenty Years of Make-Believe:  Sri Lanka’s Commissions of Inquiry,” and you’ll see what I mean.

We can’t count on getting justice from the Sri Lankan government.  So we’re starting a global action today calling on UN Secretary-General Ban Ki-moon to undertake an independent international investigation into violations of human rights and international humanitarian law, including war crimes, committed by both sides during the war in Sri Lanka.  Such an investigation is a necessary first step to achieving justice for the victims and their families.  Please add your signature to our online petition today – every voice counts!  Thanks.

Curbing my enthusiasm over a presidential pardon

Yesterday, on World Press Freedom Day, the Sri Lankan government announced that President Rajapaksa had pardoned J.S. Tissainayagam (often referred to as “Tissa”), a Sri Lankan journalist who had been unjustly convicted under draconian security laws and sentence to 20 years in prison.  His crime?  Writing two articles critical of the government’s war against the Tamil Tiger rebels.  Amnesty International considers Tissa to be a “prisoner of conscience” imprisoned solely for his journalistic activities.  We welcomed his release on bail on Jan. 13 while he was appealing his conviction.  We nonetheless asked the Sri Lankan government to strike down his conviction and free him from all charges against him.

The U.S. Embassy in Sri Lanka, the Committee to Protect Journalists (CPJ) and Reporters Without Borders have all publicly welcomed the announced pardon.

So am I jumping for joy over this announcement?  Well, not yet.  For one thing, as the CPJ press release mentions, Tissa’s lawyers were not notified of the pardon prior to the announcement.  There are important details that are still not known.  Will he be able to freely practice his profession and have his freedom of movement restored, including getting his passport back?  Will his safety be assured by the government?  As Amnesty has reported, at least 15 journalists have been killed in Sri Lanka since 2006 without anyone being held accountable for these murders.

A commentator on a Sri Lankan website has pointed out that the announcement of the pardon was made by the new External Affairs Minister.  I checked the recent Sri Lankan presidential announcement allocating duties and functions to the various Cabinet Ministries.  Interestingly, the External Affairs Ministry does not appear to have anything to do with pardons.  That belongs to the Ministry of Justice.

I hope the details of Tissa’s pardon are clarified soon.  Then, perhaps, I may feel like celebrating.

Six weeks on, no sign of missing cartoonist

Where’s Prageeth Eknaligoda?  On Jan. 24, the Sri Lankan cartoonist and journalist disappeared shortly after leaving work at the Lanka-e-News office.  Local residents reported seeing a white van without number plates close to his house around this time.  When his wife tried to lodge a complaint with the police the next day, she was detained for several hours at the police station.  In the days leading up to his disappearance, Mr. Eknaligoda had told a close friend that he believed he was being followed.

Prageeth Eknaligoda had previously been abducted last August by a group who also arrived in a white van; that time, he was released the following day.  White vans have been used in many abductions and enforced disappearances in Sri Lanka, particularly since 2006, when the security forces or allied paramilitary groups stepped up attacks on government critics.  Prageeth Eknaligoda had been actively reporting on the Sri Lankan presidential election, which took place on Jan. 26.  Shortly before his disappearance, he had completed a comparative analysis of the two main candidates, coming out in favor of the opposition candidate, Sarath Fonseka (who lost in the election, which saw President Rajapaksa re-elected).

His wife, Sandhya Eknaligoda, believes he was abducted by the government because of his criticism of President Rajapaksa.

Please write the Sri Lankan government and ask that his disappearance be promptly investigated and those responsible held accountable.  Thanks.

Sri Lanka: What's happened to Pattani Razeek?

Pattani Razeek, a Sri Lankan human rights defender, has been missing since he was apparently abducted on February 11 in the town of Polonnaruwa.  He may have been taken by the security forces or a group allied to them, and could be at risk of torture or other ill-treatment.  Please write the Sri Lankan government and ask them to investigate his disappearance.  Thanks.

Human Rights Agenda for Sri Lanka

In advance of Sri Lanka’s presidential election on January 26, we’ve issued a 10-point Human Rights Agenda.

We’re asking that all presidential candidates commit to the following points, among others:

  • ending arbitrary arrests under emergency laws
  • ensuring protection and respects for the rights of civilians displaced by the recent conflict
  • protecting freedom of expression
  • ending torture and enforced disappearances
  • ratifying international human rights treaties

This is the first national election in Sri Lanka since the war with the opposition Tamil Tigers ended last May.  It could be the start of a new era in Sri Lanka.  Would it be too much to hope for, that the presidential candidates grasp this opportunity to improve the protection of human rights for millions of people in Sri Lanka?  We’ll see.

Sri Lankan journalist granted bail

Great news!  The detained Sri Lankan journalist, J.S. Tissainayagam, was granted bail today by the court in Sri Lanka.  He is appealing the 20-year sentence he received last August under Sri Lanka’s draconian Prevention of Terrorism Act, all for publishing two magazine articles critical of the government’s conduct of the war against the Tamil Tigers.  Amnesty International considers him to be a “prisoner of conscience,” imprisoned solely for his legitimate journalistic activities, and calls for his immediate, unconditional release.  Last May, President Obama singled him out for praise as an emblematic example of journalists unjustly imprisoned for exercising their profession.  Today, the court granted his application to be released on bail while his appeal against the 20-year sentence is pending.

While it’s great that he won’t be in prison while his appeal is pending, he should never have been charged or tried in the first place.  We’ll keep working on his behalf until he’s free of the unjust charges brought against him.  Please join our campaign and call for his immediate, unconditional release.

UN official says Sri Lankan execution video authentic, calls for war crimes investigation

We mentioned in this site last August that a shocking video had been released which appeared to show extrajudicial killings in Sri Lanka during the final months of the war between the Sri Lankan government and the opposition Tamil Tigers.  The Sri Lankan government had denounced the video as a fake.  Today, a senior UN official presented the findings of three experts commissioned by him, which concluded that the video was authentic.   The official called for an independent inquiry into war crimes and other violations of human rights and humanitarian law committed during the war in Sri Lanka.   (The Sri Lankan government later criticized the UN official for publicly presenting his findings without first allowing the Sri Lankan government to respond.)

Separately today, the spokesperson for UN Secretary-General Ban Ki-moon said that the Secretary-General is considering appointing a commission of experts to advise him on addressing possible violations of human rights and international humanitarian law in Sri Lanka.

Amnesty International has been calling for an international, independent investigation into reports of violations of human rights and international humanitarian law, including war crimes, by both sides during the closing stages of the war in Sri Lanka.  Will today’s statements at the UN mean that we may finally see such an investigation sometime soon?

Sri Lankan editor's killers still at large

About a year ago, my first entry was posted to this site, about the murder of the Sri Lankan editor Lasantha Wickramatunga on Jan. 8, 2009.   Mr. Wickramatunga had been an outspoken critic of the Sri Lankan government and his paper, the Sunday Leader,  and its staff had previously come under attack before his killing.  President Rajapaksa ordered a police investigation into his murder.  As a recent report by the International Federation of Journalists makes clear, however, to date there’s been little progress in bringing his killers to justice.  At least 14 journalists and other media workers have been killed in Sri Lanka since 2006.  Will we see anyone punished for any of these crimes?  Or will impunity continue?

Sri Lanka unlocks the camps, but not for long

I wish, I really wish, that I had only good news to report today.  Today was the day the Sri Lankan government promised that the displaced civilians who’d been held in military-run camps for the last 6 months would be free to leave the camps “sans any conditions being imposed.”  But it hasn’t worked out that way.  The civilians were told today they could leave but they also have to return to the camps soon

As the war ended in May this year with the Sri Lankan government’s defeat of the Tamil Tiger rebels, about 280,000 civilians displaced by the fighting were placed in overcrowded, military-run camps which they weren’t allowed to leave.  The government said that the civilians first had to be  screened to determine whether there were any Tiger fighters among them.  Amnesty International pointed out that this violated the civilians’ freedom of movement and constituted arbitrary detention.  Amnesty launched its “Unlock the Camps” campaign to get the Sri Lankan government to allow the civilians to leave the camps if they wish to do so.

Since the end of the war, the government has released civilians from the camps, but according to the U.N., around 136,000 were still being held as of Nov. 25.

On Nov. 21, the Sri Lankan government announced that, as of Dec. 1, the civilians would at last be free to come and go from the camps.  Yesterday, a government minister said there would be no restrictions imposed on the duration of the civilians’ absence from the camps.

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