OMP Bill is a reactionary piece
of legislation that should not get into the legal system of Sri Lanka . OMP, without getting into a legal and intellectual
analysis could be stated as a dangerously bad
Bill as much as the bad 13
Amendment or even worse. It is bad from the mere fact it comes from Prince
Ra’ad Zeid Al_Hussain’s report adopted and included by the USA in its resolution against Sri Lanka at the UN HR Council in Geneva .
One cannot imagine how any
intelligent man who has an iota of love to Sri
Lanka , resurrected from the grip of a tenacious ruthless terrorism after thirty
years of suffering, would sponsor along with USA , the most vicious resolution like of which
no one had passed against any other country which had perpetrated most
intolerable crimes against humanity.
We as Sri Lankans for
generations will never pardon the
traitors Mangala Samaraweera and Ranil Wickramasinghe for making it possible to
have allowed USA to get the
UNHR Council in Geneva adopt such a devastating resolution
against Sri Lanka which
carried out a difficult war against all odds to eliminate terrorism and bring
back peace and security to Sri
Lanka .
It was the Armed Forces of Sri
Lanka, without fearing the risks they were taking, that saved Sri Lanka their
motherland from terrorism, for which heroism the Maithripala Sirisena- Ranil
Wickramasinghe duo has allowed the USA prompted by the Tamil Diaspora to take
our Armed Forces before a tribunal and
meet out punishments by enacting the OMP Bill in the Parliament.
They have trapped the
personnel of the Armed forces by cutting all routs of escape as they could be
arrested in any country outside Sri
Lanka even if they are in those countries on
a visit officially or as tourists. But what
are the offences that our soldiers have committed that deserve such intolerable
treatment in the hands of foreign governments. Our Armed Forces have committed no offence against their
motherland Sri Lanka
in eliminating terrorism. They had done their duty as soldiers in any armed force
of any country would do to defend their country against its enemies.
Why has the USA and the UN Human
Rights Council selected the Armed Forces of our country for punishment where as
countries which really committed and commit criminal offences against civilians
in other countries are left out ? It is
the Commissioner of the UN Human rights Commission that should be
brought before a tribunal to answer why
he should not be punished for allowing USA and the UN bring a resolution
incriminate the Armed forces of Sri Lanka which carried out an armed offensive
against a ruthless group of terrorists
to eliminate them, in carrying out their duty of protecting their country and
its people.
Some try to minimise the
effect of the Bill for the setting up of an Office for Missing Persons in Sri Lanka .
Strangely the persons who are
actively participating in encouraging
and writing hosannas about the
OMP Bill are Tamils. The well known anti Sinhala Tamil NGO Pakiasothy
Saranawanamuttu the Executive Director of the
Centre for Policy Alternative
writes a guide to the draft
legislation for the establishment of the OMP.
The Bill as presented as a brief
guide, seems simple and innocent. But even so if read carefully it shows where
dangers lie. However, the OMP Bill has
been signed by the Speaker of the
House Karu Jayasuriya making the infamous bill to punish the personnel of
our Armed Forces, law of the land.
On the face of it, without
going into details, it appears that the
Yahapalanaya cronies with the bill on the OMP have opened a pandora’s box,
because the Brief Guide on the Draft Legislation to the Establishment of the
OMP begins by stating , “In
2015, the United Nations Human Rights Council adopted the consensus Resolution
tilted ‘Promoting Reconciliation, Accountability and Human Rights in Sri Lanka’
which provided a framework for transitional justice in Sri Lanka, including the
establishment of four specific mechanisms. The Office on Missing Persons (OMP)
is to be the first.”
That means
that there are more mechanisms envisaged,
which depend on the initial Bill on the project is accepted by the
Parliament of Sri Lanka, for other bills
to be presented in the Parliament on the same issue..
In reality
this resolution has no right to have been passed at the UN Human Rights Council
in Geneva , let
alone presenting it to be passed in the Parliament of Sri Lanka. It happened because of the two cronies of the
Yahapalanaya Government Ranil Wickramasinghe and Mangala Samaraweera. They are really foolish men who are gleeful, happy and acclaim victory for
themselves for having been able to pass a bill which is virtually to hang the
war heroes and open the doors for other nefarious interventions by the USA and the
West.
The
President of Sri Lanka who talks like a thug rather than an intelligent
national leader seems to have no idea what Sri Lanka is in for with his
“executive” Prime Minister taking the upper hand in the Administration of the
country. We knew that appointing Ranil Wickramasinghe as the Prime Minister of
Sri Lanka portend danger and ill luck to Sri Lanka and its people.
We cannot
understand why some say that the Prime Minister is a clean man, when all know
that his hands are bloody with the tortures he inflicted on the Sinhala
Buddhist youth in Batalanda and other torture camps he had set up, and he has
also swindled the country having appointed Arjun Mahendran as the Governor of the
Central Bank.
The FCID
has not still investigated into what happened to the Billions of Rupees involved in the Central Bank Bond Scam. Where did that money go ? Who benefitted from
it ? Was any part of that defrauded
money go to Sirikotha ? Even the
President want initiate action for an investigation as he is Prime Minister’s
buddy. The President probably knows where that money went, but he is also a
clean man !!
People have experience with
Ranil Wickramasinghe who thinks that any
thing coming from the West are worthy of acceptance. The CFA prepared by Eric Solheim
of Norway
which he signed along with Prabhakaran is one such foolish act that cost the
lives of thousands of soldiers and innocent people of all Communities, and lost
a great foreign Minister the Late Laxman Kadigamar. It was thanks to a great
man like Mahinda Rajapakse to have removed that disgusting agreement, the hated CFA.
Sri Lanka has to be more
careful in accepting proposals presented by the USA , the West and India . Because USA , the Western countries, or India do not want Sri
Lanka develop as an independent Sovereign State .
They want Sri Lanka to be one of their subject states, as they do
not admit that Sri Lanka has
intelligent men and women , who can administer the country, or judges
intelligent and competent enough
to run an acceptable judicial system.
If the UNP had intelligent and
competent people with foresight as Ministers, MPs, and Political advisors, they
would not have introduced into our Constitution and legal System, the 13
Amendement or now the Bill for BMP.
There are worst things to follow-the ETCA, Bridge Connecting Tamil Nadu
Sri Lanka, building a Sita Temple at Divurumpola in Sri Lanka by India for
which Sri Lanka Government has already given its approval, leasing the oil
Tanks in Trincomalee to India, giving six acres of prime land in Colombo to USA
to put up buildings probably for a military base to collect intelligence
covering China, Russia and other countries in the neighbourhood, and to lease
the Tricomalee Port to USA.
These matters should be openly
discussed in the Civil Society, before they are even placed before the Parliament
where it should again be discussed before it becomes law. Though some Sri
Lankans, institutions and the media are very critical of the former President
Mahinda Rajapakse and give credit to him only for the elimination of terrorism,
as Mahinda Rajapakse has done nothing else which had been
beneficial to Sri Lanka .
These proposals made by
foreign countries may look inoffensive, and the apparent dangers could be
explained as nothing to be concerned,
but it is only when they are
being implemented that the complexities, surprises and dangers become
evident, as it was with the CFA and the 13Amendment. It would then be too late to change.
The Sunday 20th
August Editorial of the Island states, “…..Mahinda
Rajapaksa promised the masses a bright future of suba anagathayak. He, to his
credit, eliminated terrorism, but his second term turned out to be a disaster.
It was characterised by corruption, nepotism, abuse of power, violent
suppression of political dissent and near lawlessness. Maithripala Sirisena
vowed to make a difference and usher in yahapalanaya or good governance……..”.
But if looked objectively ex-President Mahinda
Rajapakse had not committed any of those
enumerated “ offences”. It appears that
those accusations are made in order not
to earn the disapproval of the government in power.
These media which writes to
please those in power , rather than fearlessly write for the benefit of the country, do not give credit to
the former President for his most able and commendable service to Sri Lanka
protecting it from the unfriendly foreign Countries. Sri Lanka was protected and secured
under the former President Mahinda Rajapakse.
It is very good to have very cordial relations with
all countries, but not if it results in
them trying to dictate terms,
pontificate on actions being taken, give unasked for advice on how to
run the country, interfere with the internal affaires of the country putting one community against the other and
causing utter confusion and political disaster.
Mahinda Rajapakse knew this and he managed to keep them away from
causing mischief in Sri
Lanka .
Today Sri Lanka is
quite different from what it was before the 8th January, 2015. The
Present government has only shown its incompetence to rule Sri Lanka as an Independent Sovereign
State . The new friends of
the Yahapalanaya Governmenrt the USA and the West have made inroads into Sri
Lanka Government’s internal affairs, by offering to re-organise the Armed Forces, participate
actively in the process of reconciliation, attending to the political affairs
of the North trying to separate the
North from the rest of Sri Lanka, and even participating in the writing of the Constitution for Sri Lanka.
All the proposals the USA and the West and India make should be carefully
evaluated before they are even presented to the Parliament. The Constitution of
Sri Lanka is an important document that should be honoured and respected
without desecrating it by introducing into it any legislation proposed by any foreign government.
But the Sirisena and Ranil
Wickramasinghe are not respectful of the countriy’s Constitution. They had acted in breach of the Constitution of Sri
Lanka from the day Maithripala Sirisena was elected President of Sri Lanka.
Today the 21st
August, 2016, it has been announced that the offensive Bill introducing OMP has become law. If the
Speaker was independent he may have allowed further time to discuss the bill in
the Parliament by bending the rules in favour of the opposition , but as
he seems to be under Prime Minister’s
control he has become automatized to sign on orders.
The danger that Sri Lanka runs
in passing this Bill on OMP has already been written by many learned persons,
and heard discussions on it in TV, therefore, it is now for us to wait and see
how the country with this impossible government would face the challenges.