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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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Is PTM Genuine to its Cause?

Syed Nasir Hassan

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Pashtun Tahafuz Movement (PTM) v/s Sate is a fiery tale which none can anticipate how it will end. Sparked from the extra judicial murder of model aspirant Naqeeb Ulllah Mahsud on January 13, 2018, the movement continue to get a constant hype on the political spectrum of Pakistan. Initially named Mahsud Tahafuz Movement turned into Pashtun Tahafuz Movement when the case was put forward to the court and Rao Anwar was arrested. However, things got transformed as PTM started taking a constant nudge with the state. From the protest in front of press club in Islamabad, in 2018 to different rallies across country things shifted vigorously. PTM’s defiance is mainly pointed at criticizing the military institution and falsely blaming the institution for their plight. But the question rises that is PTM another mainstream political movement subjected for the elites rather than addressing the actual issue? And are they trying to internationally politicize the issue in order to demoralize the efforts of Pakistan?

On April 29, 2019, DG ISPR Maj Gen. Asif Ghafoor, military spokesperson, addressed PTM leadership and apprised them that the time has come when legal actions is mandatory to be taken against them. He further claimed that the financial records makes the existence of PTM skeptical as they are directly being funded by the foreign factions from neighboring countries  for their protests and rallies.  He was also of the view that PTM is being used by the foreign factions to instigate instability when Pakistan has achieved relative peace. However, the fact should not be neglected that the Government of Pakistan and military establishment acknowledges the demands put forward by the leadership of Pashtun Tahafuz Movement. At various points both, government and military, tried to engage with them in a collaborative manner. Recently on April 16, 2019, Senate Special Committee met the PTM leadership along with the MNA Mohsin Dawar. Even before, when the movement was in its early phase military was the first one to engage with them. When a request was put forward by the PTM leaders to meet military in order to express their grievances, it was agreed. Meeting was held between PTM delegation of 15 members and DG, ISPR Maj Gen Asif Ghafoor on Feb 08, 2018, in which apart from primary demand of justice for Naqeeb Mahsud there were other 4 demands. The military showed consensus on all of them. But the duality of the PTM should not be unremembered as on one side it engages with the government and the military but at the same time the constant barraging on the state and its institutes continues through social media. Things got more complicated as the tone of PTM got discordant day by day. The relentless spewing of hate and impudent comments against the state and its institution clearly show as on whose side PTM is. Movement is kind of drifting away from the true cause when the anti-state and separatist slogans and hymns are openly vocalized in the rallies and are now directed to demoralize the standards of army rather than demanding the rights.

With constant efforts from both government and military the PTM appears reluctant to develop a consensus. Keeping this whole saga in mind One might consider that either PTM leaders are not well negotiator or they don’t want to negotiate and the picture is much larger then it seems.

In 2018, a commission was also formed to facilitate PTM which included high ranks from the military and reputable civilians. State was persistence in facilitating the PTM grievances. DG ISPR also highlighted in his briefing that in order to remove landmines, a team was formed and is currently putting every effort at their disposal. The team had cleared 45 percent of the area and in pursuit of the task 101 Jawans had lost their lives. State constantly acknowledges the demands of PTM but PTM and its virtual diaspora have failed to acknowledge the efforts made by the state.

Pashtun makes up to 15% of the total population of Pakistan. What will happen if this number of population, a province indeed is brought in confrontation with the state? It will be enough to vandalize the socioeconomic fabric of Pakistan. Pashtuns of Pakistan have always been delicate segment of Pakistan as they were in the crossfire between Pakistan’s efforts against eradicating terrorism. It makes them soft target and vulnerable to be used by animosities against Pakistan. The point to ponder is that despite the efforts, and acknowledgement of their grievances by the state why this matter is getting more intense whereas the fact should not be forgotten that both parties are on same line in terms of addressing the problem. The only way this can be resolved is when the PTM stop being patsy against Pakistan and show real concern to give solace to the Pashtun community rather than exploiting their grievances

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RSS: Grim Reality under the Secular Veil of India

Syed Nasir Hassan

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Religious extremism is not something novel to mankind. Between 132-136 CE, Romans faced the confrontation with the Jews. A Jew extremist, Simon Bar Kokhba, led the revolt against Romans known as Kokhba Revolution. He succeeded in establishing a Jew state which lasted for just three years, ultimately falling again in to Roman hands.

Under constitutional veil almost every other nation has some sort of religious or ethno extremist factions in their ranks with mass support. India too, which claims to be a true secular model in the subcontinent has their own version of extremist militia and what is worth worrying is that it is well organized and well structured.

RSS or Rashtriya Swayamsevak Sangh is an extremist Hindu vigilante militia which is being nurtured by many political hands. It came into existence in 1925 by Keshav Baliram Hedgewar – a Hindu nationalist. Initially it was established to retaliate against the British raj and Muslims and unite Hindus to devise a Hindu Rashtra (Hindu nation) but in post-independence scenario it became a blot on the secular veil of India. Indian Constitution makes it a secular country but RSS finds it against the norms of Hindustan. It is not the RSS which shifted its discourse but it was India which became a secular state by constitution. Even before the inception of RSS various Hindu nationalist emphasized on the existence of solely Hindu nation. Vinayak Damodar Savarkar,the founder of Hindu nationalist ideology Hindutva (an ideology which aims to form hegemony of Hindus) stated that there is a dire need of a solely Hindu nation.

RSS was banned three times in its post-independence continuity. First it was banned in 1948 after the assassination of Mahatma Gandhi by a Hindu nationalist. The interesting fact is the man named Nathuram Godse, who murdered Gandhi, was not an active RSS member at that time but was once. In 1975 RSS came into scrutiny again when Indra Gandhi banned extremist organizations and imposed emergency across the country, and then in 1992 when dispute over Babri masjid erupted and it got demolished.

But what is making the organization function with full momentum? The organization has a fully functional website where one can recruit itself in the organization. Its proper hierarchical order makes it worth worrying as there is a National leader and then there are Regional leaders to oversee the local dealings. It also conducts daily quasi military exercises in parks and open spaces. On many occasions, the members of RSS were involved in the lynching of Muslims and lower casts Hindus. RSS’s Cow protection squad was constantly involved in various incidents during Modi’s reign.

Indian Prime minister, Narendra Modi, during an interview revealed that the personality and the discipline he has, RSS played a major role in shaping it. He also said that he became part of the organization at very young age. RSS also played major role in the putting the throne of Delhi under the Modi’s feet and is again playing a major role in running his election campaign for upcoming elections.

The institutionalized structure of the RSS makes it unique as it has a Cow protection squad, women wing, Labor union and a farmer union to outreach mass population. On its website, they claim that they have more than 50,000 shakhas, a Hindi word for branches, in villages and different cities across the country. Utar-pardesh, a city with largest population in India and major electoral club in the lower house; it is reported that there are 8000 shakahs only in UP which are there obviously to influence the elections and win majority in the house.

Embedded hate against Muslims and other minorities is not something new, in fact, it is in the core beliefs of the organization. M.S Golwalkar, the second Sarsanghchalak (head of RSS) wrote a book named Bunch of Thoughts which comprised of the lectures he had given to shakhas over the country. In his book he wrote that internal elements pose far greater threat to national security than outside aggressor. Golwalkar than identified three major “Internal Threats: i) Muslims; ii) Christians; iii) Communists. Not just this, in an article published in THE HINDU on November 26,2006 it was revealed that the murder of Mahatma Gandhi was somehow celebrated by the RSS. Moreover, giving reference to the secret documents which he had seen the writer divulged that Golwalker had called a meeting on December 6, 1947, where RSS workers of Govardhan, a town not very far from Delhi. As per the police report regarding the meeting, assassination of the leading persons of the Congress was discussed to create terror and panic among the public and to get hold over them. Just after two days. Golwalkar again addressed several thousand RSS volunteers at the Rohtak Road Camp, Delhi. The police reporter notified that the RSS leader had clearly said that Sangh would not rest content until it finishes Pakistan and if anyone was a hindrance in their way they would not spare them either whether it was Nehru’s regime or any other.

Having such militant Hindu organizations flexibly working without any state censorship and proliferating into Indian society is a threat to Indian secular dream. Aimed at making India a purely Hindu state such far-right groups in subcontinent will make exclusive societies rather than inclusive. Intra-state tensions will continue to mount. Which will create the so-called nonpolitical groups like RSS propagating into the Indian society through political interference and can make India’s future bleak. With such intra-state terror groups Indian vision for secular and inclusive India will remain a chimera.

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IMF bailout package and public opinion

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The 22nd bailout package for Pakistan at its final stages. There exists a mix of public opinion on this package, some are in favor and some differ. Both lobbies have own reasons and strong justifications, which makes a common man even more confused.

PM Imran Khan was criticizing previous governments for seeking IMF bailout packages in the past and expressed that he will not go to IMF, and may prefer suicide over begging. In the early few months of his Government, he was hesitant to go to the IMF and tried his best to seek help from friendly countries alternatively. Some of the friendly countries extended helping hands too, which includes Saudi Arabia, UAE, and China.

But the economic situation was so serious and dangerous that the country was at the edge of collapse or default. Still some of his advisors of the opinion that there exist other options instead of going to IMF. The deal under consideration is US Dollars 6 billion over a period of 39 months. It means less than 2 billion a year, which it really too little. If we control our imports of luxury items and un-necessary item, we may reduce our import bill by US Dollars 5 Billion easily. Or with a little bite of our efforts, we may be able to increase our exports by US Dollars 5 Billion easily. Some experts are thinking only for US Dollars 2 billion a year, we should not accept the harsh terms and conditions of IMF.

In the 7 decades history of Pakistan, 21 prgrammes of IMF were not good enough to make Pakistan a sustainable economy. Why one should expect, this 22nd will do something good. During the previous 21 programmes, Pakistan was a very close non-NATO ally of USA. Pakistan was on the right side of the US, a partner in Cold War Era, Front Line State in War on Terror. Politically, Pakistan was one of the favorite nations of the US and secured all possible support.  But today the situation may be rather different, as, after the Abbottabad Incident and Salala Incident in 2011, Western World has almost written-off Pakistan. USA has signed Major Defense Partner (MDP) agreement with India. The USA has created the Indo-Pacific Alliance with India, Japan, and Australia, to counter China, where Pakistan is engaged with China under BRI/ CPEC.

Against the tradition, people of Pakistan have voted Imran Khan, who so ever was given ticket of PTI, the public has voted him or her blindly in good faith & trust to Imran Khan. A few of his candidates might not be having very high capabilities or very good reputation, but, the public has trusted Imran Khan blindly. Imran Khan is the third most popular leader in Pakistan, after Jinnah the father of nation, and Zulfiqar Ali Bhutto, the Former Prime Minister of Pakistan in 1970s.

Unfortunately, he failed to form his own team and was depending on a team lobbying for IMF, World Bank or Western World. They have encircled him and kept on lobbying for their agenda. They finally pushed him to a stage, where he agreed to accept IMF. Close to him, sources think, he was never convinced but was made to accept. We are afraid, if this lobby can isolate him from nationalists and patriots, may succeed in the implementation of their agenda.

PM Imran Khan, is honest, hardworking and people loving leader. He loves Pakistan and common citizens of Pakistan. He really wanted to bring a change in the Society, where common man’s welfare is a top agenda. He is sincere with the nation and wanted to establish a total comprehensive welfare state. Unfortunately, he was lobbied wrongly and opted for IMF.

People of Pakistan have blindly trusted in Imran Khan and possess very high expectations from him. I know, Imran Khan understands it very well. He is an honest, brave and visionary leader and I believe he will not disappoint his voters.

Hope PM Imran Khan may educate people of Pakistan about the details of the IMF package and try to convince the masses. The welfare of common man and all other promises made with the nation before elections may be explained to masses, this is required urgently before he loses credibility and popularity among the masses.

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