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UN: Tamils continue to face racial discrimination in Sri Lanka

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The United Nations Committee on the Elimination of Racial Discrimination (UNCERD) stated recently that Tamils continue to face discrimination in Sri Lanka and questioned the island-country if Indian Tamils were allowed to get back to their homeland – while reviewing a report on the anti-discrimination efforts undertaken by the country.

UN CERD is a body of independent human experts monitoring the implementation of ICERD by the state parties.

No cases of sexual violence – during the horrific civil war in Sri Lanka – had been submitted, even though this had affected thousands of women, said Jose Francisco Cali Tzay, committee member and country rapporteur for Sri Lanka, during a review of Sri Lanka in the 90th session of the UN Committee on CERD. Last week, CERD concluded the examination of the combined tenth to seventeenth periodic report of Sri Lanka – on its implementation of provisions of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

The Tamil population continues to suffer discrimination, including through lack of access to public services in their own language, and the fact that police agents in the north of the country did not speak Tamil, he noted. People continue to live in fear due to the big military presence.

The recently-promulgated Law for Witness and Victim Protection had no dedicated funds for the mechanism to facilitate its implementation on the ground. What measures have been taken to protect Tamil women from multiple discrimination, the Guatemalan expert who has been on the Committee since 2004, asked, warning that discrimination against Tamils, particularly for not having access to public spaces to bury their dead would continue to hinder lasting peace and reconciliation.

Since 2009, there have been several issues that have remained unaddressed, brought about by violations of humanitarian laws and human rights by both sides, leading to anxiety, fear and suspicion, said Ravinatha Aryasinha, Sri Lankan Ambassador to the UN office at Geneva, while presenting his country report. Successive governments have failed to reach a political settlement with the groups. Aryasinha referred to the various steps that have been taken since the Maithripala Sirisena government assumed power in January 2015, including the introduction of the nineteenth amendment to the Constitution – which imposed a two-term limit for the mandate of President and recognized national reconciliation as a duty of the President. The amendment also established a special Presidential Task Force on Reconciliation and an Office for National Unity Commission for Truth, Justice, and Reconciliation that would consult with South African authorities.

Both Sinhala and Tamil were made the languages of administration and of the courts, he added. Article 22, per the provisions of the 16th amendment to the Constitution, ensures that Sinhala will be the official language in all provinces except in the north and east where Tamil will also be used.

Replying to questions by experts on application of customary laws, the Sri Lankan delegation said that any change of customary law had to change from the communities themselves. As such, those people of Islamic faith have the option of subscribing to Muslim personal laws (including statutes) while Tamils hailing from the Jaffna Peninsula fall within the ambit of the ‘Thesavalame Law’. Any Sri Lankan had the right to return – and the Government had re-established the possibility for dual citizenships – said the Sri Lankan delegation, replying to a question from a human rights expert that if Indian Tamils were allowed to return to their country.

The CERD members said that the situation of refugees and internally displaced persons, war widows, inter-ethnic violence, reconciliation, the Prevention of Terrorism Act, and the lack of human rights education were all “issues of concern” for the Committee. Reports presented by civil society organisations and the UN human rights mechanisms along with UN resolutions, offered a very different picture of the current situation than that presented by the Sri Lankan government – the discrepancies were concerning, Tzay stated.

The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, and the UN Special Rapporteur on the independence of judges and lawyers, Mónica Pinto, were on an official visit to the Buddhist nation this year. Both the experts had said that “more reforms are needed before Sri Lanka can be considered to be on a path to sustainable democratization”. “Severe forms of torture continue to be used, although probably less frequently, while both old and new cases of torture continue to be surrounded by total impunity,” Méndez had said. Reiterating her concerns on the issue of massive rape by the military, a CERD expert noted that many of the perpetrators were still in the north of the country, and emphasized the need for newly-recruited Tamil elements there.

Experts were concerned about the 18-month period for pre-trial detention, and raised a number of questions in relation to the application of the Prevention of Terrorism Act (PTA). “Suspects are subjected to lengthy remand periods with many being detained for years, some even up to 15 years before trial,” Méndez had said after his Sri Lankan tour. The Act allows for arbitrary detention without charges, admissibility of statements obtained under duress in courts and limits access to a lawyer.

The Sri Lankan government, however, maintained that persons arrested under the PTA were entitled to all safeguards, including visits by family members and the National Human Rights Commission. Questions were also raised by the UN committee on risks of political interference, referring specifically to the removal of judges for politically-motivated reasons, urging the country to adopt better provisions for ensuring the independence and impartiality of the judiciary. Pinto had also stated that the government needs to “reinforce the independence and impartiality of the justice sector” during the drafting of its new Constitution. This is the first interaction between the Sri Lankan government and the CERD experts since August 2001, when the last formal meeting took place in the midst of hostilities perpetrated by the Liberation Tigers of Tamil Eelam (LTTE).

UN should convene an extra ordinary meeting to discuss the problems being faced by Tamils in Sri Lanka even after the defeat of Rajapksha regime that had been extra cruel to Tamils. Tamils in Lanka and India as well as entire world expected a real change o f mind and heart in Sri Lanka with the onset of the Sirisena government that officially committed to reconciliation and faire treatment of Tamils.

Tamils and other minorities overwhelmingly voted the Sirisena’s party to power hoping for a change in state attitude towards minorities but the new government also seems to be pursuing the same old racially discriminatory policies detrimental to common good of the nation. .

President Sirisena has to rewind the old anti-human system of racial discriminations and targeting of Tamils and help a democratic system dawn on the island nation, already facing extinction owning to deadly climate change processes.

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South Asia

COVID-19 pandemic and positives/negatives of the Pakistani government’s policy towards it

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The covid-19 erupt from Wuhan in December 2019. The first case in Pakistan was observed on February 26th, 2020.It is considered a global pandemic because of its contagious nature. It has engulfed many lives and economies. Whereas Pakistan, despite its socioeconomic and political problems, has tackled covid-19 efficiently so far. Objectives of these policies were to contain and mitigate the spread of covid-19. Pakistan made effective policies to hamper the unfurling nature of covid-19. It was praised by the director-general of WHO and he mentioned it as a lesson for the rest of the world. The upshots of the policies on its citizens were both positive and negative, but they helped a lot in sailing through covid-19.

Covid-19 has accentuated the inadequacy of the health sector. However, to combat covid-19, RFCC assists hospitals to evolve their capacities to provide treatments. Many hotels and motels were converted into quarantine centers. Number of ventilators, gears, beds, and testing capability has been increased. Pakistan got a loan of $760M to improve its medical handling. These policies seem effective as they are the major line to combat covid-19. Number of staff has also increased. These policies play a crucial role in containing Corona virus but due to lack of awareness, many people didn’t get tested. Overall, it played a positive role.

“Out of 220M population, 25% are living below the poverty line and 30% live in grave poverty,” said the PM Imran khan. Therefore, containing the poverty and retaining the economy is an arduous task. For this purpose, the Ehsas program was launched with a stipend money of Rs.12000 for the vulnerable. Employees wouldbe paid a salary during complete lock-down. The government displayed leniency in paying taxes to accelerate the investment. The banks remained open during the nationwide lock-down. However, an in-depth analysis reveals that Ehsas program didn’t prove effective due to the absence of a proper tracking system. The poor and needy people in rural areas were not affable with the technology, therefore they were unable to enroll in this program.

Moreover, the government’s policy of smart lockdown cannot be ignored. It started in April, targeting the disease hotspots. The purpose of this policy was to provide a breathing space to the most vulnerable section of the society. Because nationwide lock-down was threatening food security. Smart lock-down technology played a crucial role and made Pakistan distinctive around the world.

To dampen the adverse effects of covid-19 on society, section 144 was implemented to avoid public gathering. According to the health ministry “home quarantine, zoning of hospitals, and social distancing should be in the nitty-gritty of the policy.” They imposed a ban on air traffic and started screening at the airports for international travellers these measures proved beneficial to some extent. But unfortunately the government couldn’t ensure the SOPs.

In a nutshell, the aforementioned account enables a worthy conclusion that Pakistan has managed to contain the devastating effect of covid-19, however, the danger is not over yet. The second wave of covid-19 has started globally which can overturn the successful results other way round. Therefore, some stringent action should be taken to make the policy of containment of covid-19 more effective that is only possible if there is a consensus between the federal and provincial governments. The only way to limit the dangers of the virus is to come up with the unified and all inclusive national plans.

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South Asia

Who pulls the strings of the government of India?

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While talking to a Cornell college professor, Rahul Gandhi lamented (March 2, 2021) that the RSS was making use of its educational institutions to propagate its tunnel vision (NewsMatters, March 6, 2021). `Wherefrom money comes to run hundreds of thousands of schools’, he asked.

The RSS, founded in 1925, is not only distorting history, and polluting syllabi but also compelling the BJP government to appoint its nominees to key posts whether academic or political.

The RSS’s rationale is that it is their government. As such, they have every right  to make appointments to all political and non-political posts and revise syllabus according to their own version of history.

A bird’s-eye view of appointments

Besides president Kovind Nath, a dalit, and Hindu-monk Yogi Adityanath, several parcharaks (apostles) were nominated for appointment as chief ministers, governors and cabinet ministers. The nominees included ML Khattar, chief minister of Haryana, Trivendra Singh Rawat, chief minister of Uttarakhand, Devandar Fadnavis (Maharashtra), and Ram Thakur (Himachal Pradesh).

The veterans appointed as governors included Balramji Das Tandan (Chhattisgarh), Ram Naik (UP), Om Prakash Kohli (Gujarat), Keshri Nath Tripathi (West Bengal), Kalyan Singh (Rajasthan), Vidya Saga Rao (Maharashtra), Vaju Bhai Bhala (Karnataka), Padmanabha  Acharya (Nagaland), Jagdish Mukti (Assam) and Tathaghat Roy (Tripura) (Source: Aryana P. Chatterji, Thomas Blom Hansen, and Christophe Jaffrelot (eds), Majoritarian State).

Dr, Lokesh Chandra was made president of Indian Council for Cultural Relations. Ram Bahadur Roy, former ABVP organizing secretary who was jailed during Indira-Gandhi- imposed emergency was appointed to the Indira Gandhi National Centre for Arts. Baldev Sharma, former editor of the RSS’s Hindi mouth-piece Panchjanya, was appointed chairman of the national Book Trust. Shakti Sanha, private secretary to prime minister Atal Behari Vajpayee was rewarded with appointment of Director of Nehru Memorial and Library. The memorial was the hub of Nehru-Gandhi legacy. A small-time actor Gajendra Chauhan was appointed Chairman of the Films and Television Institute of India. Hindu Nationalist Anupam Kher was appointed head of India’s Board of Film Certification.

Realising that educational institutions are key agents for ideological dissemination, the RSS thrust its nominees as vice chancellors and directors in universities and cultural institutions of higher learning.

RSS’s version of history

A distorted version is taught in RSS-run Vidya Bharti schools. Hindu caste system is well delineated in Rig Veda, Manusmriti and Bhagavad Gita. But, the RSS preaches that the Muslim Turks initiated the untouchability. Turks introduced commodes in India. “Hindus who refused to convert to Islam were forced to clean them. And, thus they became untouchable.”

Conscription power

While addressing a large gathering at Muzaffarpur, Bhagwat said, `RSS volunteers were so disciplined that they could be mobilized in a matter of days should the constitution and laws of the country so demand’. Many senior retired armed forces officers including former army chief General VK Singh have joined the RSS.

Inference

Bhagwat’s bonhomie with politicians, media, judiciary, industry, religious leaders and civil society reflects that the RSS would continue to keep the Modi government under its Octopus claw. Also it is keen to extend its influence in political, societal and non- governmental spheres. To deepen its roots, the RSS has initiated  programmes like Family Awakening (parivar prabodhan),Village Development (grama vikas), and Social Harmony (samara satta). 

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South Asia

Cease-Fire Review: A ray of hope

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Pre-Negotiations are very much crucial to achieve the state of “Negociation Continuelle” (continuous negotiations) the only way due to which conflicting parties go for sustained mode of talks.  On 25th February Director Generals of military operations (DGMO’s) of India and Pakistan contacted with each other to review cease fire agreement, on line of control (LOC), which was held back in 2003.  Both States reaffirmed cease fire agreement and to restart weekly hotline contact at DGMO’s level. The agreement was largely violated by both states for several times and they were accusing each other for violations. But one thing is common that on both sides Kashmiris are suffering, they are raising their children in an environment of fear and severe violence. India and Pakistan are both nuclear capable states of South Asian region and are considered as the custodian of regional peace and stability. And without shadow of a doubt regional peace and security is a collective responsibility of the responsible states. Pakistan and India are the main conflicting parties of South Asian region and Kashmir is the bone of contention between them. Kashmir has been a question of integrity for both States. The Line of control also known as working boundary, divides Indian Kashmir from Pakistani Kashmir. There are several resolutions have been passed by the UN General Assembly to address the Kashmir issue but never implemented. UN wants to solve this issue according to the hopes of Kashmiris. The initiation of bilateral talks in the present outrageous environment is not less than a blessing in disguise and it will be fruitful for all the stakeholders; India, Pakistan and Kashmiris as well. This peaceful move from Pakistan and India is highly appreciated globally because Kashmiri diaspora is present worldwide and they are very much concerned with future of their homeland.

Indian Prime minister Narendra Modi, with his hostile ideology of “Akhand Bharat” assumed office in 2014. His political adventurism based on jingoistic-cum-hawkish policies dragged India State to the verge of staunch illiberalism where identity crisis burst up, which is more lethal than previously existing class crisis. Every community including lower class Hindus, Muslims, Christians, Sikhs etc. all are vulnerable to the identity crisis.  On 30th May 2019, he sworn for his second tenure as prime minister of the world’s so called largest democracy. He came with another adventurous mandate and the first demonstration took place when he suspended special status of Kashmir and abrogated articles 370 and 35A. His ideology is regarded as Nazi-inspired ideology because in contemporary scenario only RSS community and other proponents of Hindutva are only considered as “Real Hindustani”. All minorities are suffering in India because their basic living rights are kept aside. The ongoing farmer’s protests shook the foundations of the state, hundreds of thousands of farmers rushed to the Delhi against the anti-famer laws passed by Indian Parliament.

In India Separatist movements are getting pace; minorities are unsatisfied with governing approach of Bhartiya Janata Party (BJP). Prime Minister Narendra Modi, reuined the secular and democratic face of India. On the other hand, Foreign policy of India is facing severe challenges because PM Narendra Modi’s approach is hostile based on hatred and prejudice. These attributes are fatal for State’s reputation at foreign lands; the recent India-China standoff was just a teaser of BJP’s whole story related to foreign relations. In addition to this, Economic goal of 2025 of India is again became a distant dream just because of belligerent policies of ruling regime.

In contemporary scenario if we look towards India, only Modi-Media nexus will be seen. But in reality the situation is getting worse day by day. The review of cease fire agreement, offered by India, is a positive step towards the regional peace. It is appreciated by both civil and military administrations of both states. When PM Imran Khan assumed office he offered dialogue to his Indian counter-part but Indian Premier refused to go for any sort of talks. India always took a position that to initiate talks first of all, Pakistan has to stop the cross-border terrorism. Both terrorism and talks can never go side by side, this Indian claim is not based on empirical evidences because Pakistan has been facing menace of terrorism  since 2001 and leaving no stone unturned to root out terrorism and safe havens for terrorists.

Currently, India is facing deep internal and external challenges. It is in the interest of India to have peace talks with Pakistan. On the other hand, it is a ripe moment for Pakistan to act decisively because it is the only time when India can review its decision of 5th August 2019.Moreover, it is a ray of hope to establish peace in entire region. This is the time when bi-lateral diplomacy can turn the traditional regional political dynamics. Both states are facing same problems when it comes to poverty, climate change, social security and the list goes on. The realm of these talks should expand and concern parties have to include economic and political regimes in front of each other otherwise momentum of talks will be lost. Regional connectivity is important to have eternal peace, Pakistan and India should review SAARC (South Asian Association for Regional Cooperation) that would provide basis for economic, cultural as well as political connectivity. Major Powers should also play their important role because world cannot afford rivalry between two nuclear states. Now, America is under a democrat President, and they should check every internal and external move of their Strategic and defense ally in Asia-Pacific region. Negotiations between India and Pakistan are in the interest of all other regional and extra-regional actors. Both states should adopt flexible approach while discussing the core issues and should avoid blame game. It will enhance the chances of continuous negotiation which is a pre-requisite for peace and progress.

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