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6th June 1999

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Child conscription a war crime: Amnesty warns LTTE

Following independent confirmation that the LTTE has been recruiting children as young as eleven for its fighting formations, Amnesty International has warned the guerilla group that under the new International Criminal Court Statute, it is a 'war crime'. Amnesty has also pointed out that members of both government and opposition forces can be held responsible. In other words, LTTE leaders could be tried for war crimes.

In its latest publication, entitled: 'War Games in Paradise: child soldiers in Sri Lanka,' Amnesty has asked its supporters to write to the LTTE, protesting against such recruitment and reminding it that it had broken a promise made to the UN only last year.

In May 1998, the LTTE told Olara Otunnu, the UN Special Representative on Children in Armed Conflict, that it would abide by the UN Convention on the Rights of the Child and the age norms for recruitment to its fighting formations.

But in November 1998, Amnesty said, it was noticed that scores of boys, some as young as 14, were being forcibly recruited.

"When their parents tried to visit them, they were not allowed to talk to their sons or daughters, though they were allowed to see them at a distance.

One parent described how her 14 year old son tried to run to her, but was caught and forced to enter the camp again," the Amnesty document said.

According Amnesty there are more than 300,000 child soldiers in the world today. Child soldiers are often used as they are seen as being more obedient, and less questioning. With weapons getting lighter, even kids of ten could be efficient killers. But child soldiers bear the pychological scars of taking part in violence years after the fighting is over.

Amnesty gives the case of a 15 year old former LTTE soldier, who complained of insomnia, aggressive outbursts and irrational and abnormal behaviour. This child was recruited when he was 11. In one combat, he said, he had grabbed a child by the legs and dashed its head against a wall. Brutalisation of the child is part of the conditioning.

In response to Amnesty's representations, the LTTE maintained that all children in its ranks had joined voluntarily.

But Amnesty points out that it opposes the use children in combat whether the recruitment is forced or voluntary.

Amnesty has asked its supporters to write to the LTTE's International Secretariat's chief, V. Manoharan, at Eelam House, 282 Long Lane, London, SE1 4QB, UK, expressing concern at the recruitment of children.


Little Kosovo in Modera

By Shelani de Silva

pic 01The forcible evacuating of more than thousand people including pregnant women and children from a land they were occupying in Modera has created a mini Kosovo.

The families who were ejected alleged that the police beat women and children and demolished their huts before driving them onto the road.

But police denied the allegation of brute force and said they only requested the people to move out of the three-acre plot of land which belongs to the Fisheries Ministry.

Police also said the move-on request was made because of allegations that the squatter settlement was contributing to criminal activity in the area.

After they were evicted, the displaced people took refuge in a community centre run by the Colombo Municipal Council. But the CMC after two days told them to move to a nearby park and Mayor Omar Kamil now says the government must take responsibility to resettle them elsewhere.

Mr. Kamil is insisting that the families must go back to the land they came from but the police are refusing to allow that. Mr. Kamil told The Sunday Times that to even help them, the families would first have to move out of the CMC park. He said it was the responsibility of the Government together with the Fisheries Ministry to provide them with an alternative.

"It is not possible for the CMC to give any land, but they have to leave the park because it belongs to the CMC.

When the police moved in to eject them, they went to a community centre. Later, the day before Vesak they moved in to the Park, on the request of the people I gave them an additional day to stay on, but they have to go. The Department of Social Services should look into their grievances. On our part, we could provide roofing and other materials," the Mayor said.

However the families tell a totally different story where they claim that the police had demolished their homes overnight and attacked women and children. They ask why the officials did nothing when they put up the houses and waited six months to create a problem. The families claim that some residents and the police were against their settlement because the land which was occupied by them was earlier used for various illegal activities.


Right of reply

ACTC leader Kumar Ponnambalam has written to us clarifying certain remarks in the interview we published last week.

He states:

(1) I could not have used the word "Eelam" simplicitor.

I would have only used the word "Thamil Eelam". Eelam is the Tamil word for the whole of the island known as Ceylon or Sri Lanka.

This is why Tamils who are not flippant in their terminology have been careful to always use the words"Tamil Eelam" which denotes the traditional homeland of the Tamils.

(2) My answer to the first question was not that I was asked to address the Tamil diaspora themselves on the Tamil issue. Certain sections of the Tamil diaspora asked me to address various foreign fora and to lobby various foreign dignitaries on the Tamil question. Again, it is not my own view that I canvassed but that of the Tamil Nation.

(3) In answer to the second question, I could never have told what is published there because the answer has absolutely no relevance to the question. All of the answers published under question two was what I told in answer to question one, except that I could not have said that I challenged the Sri Lankan envoy's statement when I addressed the Commission because he spoke on Agenda's Item 9 which was on the country's situation and I spoke under Agenda Item 11 which was on Civil and Political Rights. What I did say was that we have to call the permanent Representative's bluff in a statement which was distributed widely and which was put on the Internet.

(4) My answer to whether the Tigers are hostile to me was not what was published.

I said I would like to know from where The Sunday Times got its information when media persons are not allowed into the North.

(5) The answer to the question about the strength of the LTTE in Britain was only the first sentence of that answer. The rest that has been published as part of the answer is not at all relevant to the question and therefore I could not have said those things.

(6) My answer to the question about the number of Tamils in Canada is not what is published.

I said the Canadian Government figures were that there are about 200,000 Tamils in Canada. Of this number 150,000 are in Toronto, 20,000 are in Montreal, 6,000 in Ottawa and 7,000 in Vancouver. And I said that 80% of this number supports the LTTE.

Whilst I am on the topic of your page 9 , I also wish to refer to Dushy Ranatunge's piece on the Ottawa Conference.

After writing what I spoke at the Conference, he proceeds to comment on the fact that I did not mention about India's mediation in the past, hinting that the LTTE will eventually go against the mediator. The subject of my paper was "The Current Political Dynamics of the Tamil National Conflict in Sri Lanka".

For this reason, I was naturally not concerned about what happened in 1987 or 1991.

Mr. Ranatunge also had the Conference book in his lap when he was seated almost under the mike in the front rows.

The entirety of what he has written as having been said by Professor Edirweerasingham is part of what I said in my speech. My speech which finds a place in the Conference book, and the original of which is in my possession will justify this statement of mine.


Ex-cigarettes model here to fire at smoking

A one-time male model who once promoted the cigarettes of a big company but is now suffering from lung cancer is coming to Sri Lanka for an anti-smoking campaign.

Allan Stewart Levine, big time model and idol, who covered the pages in leading glossy magazines promoting the R. J. Reynold brand in the late fifties and sixties, will be arriving here today for a five day campaign organsied by the World Health Organisation.

In a range of programs, he will give personal testimony on the adverse effects tobacco had on him with the anti-smoking message being aimed mainly at the youth.

Mr. Stewart had been one of the highest paid models in the sixties, earning upto $3000 a day just posing for the tobacco company.

Personifying a macho image to attract specially the younger generation, Mr. Stewart testifies now that 'I never knew smoking was dangerous but the industry knew'.

Mr. Stewart who underwent lung cancer surgeries twice in addition to a heart by-pass operation spends his time giving personal testimonies to university students, policy makers, medical associations and similar organisations.

The Swarna Hansa Foundation will arrange for Mr. Stewart to meet cancer patients and visit the Cancer Hospital on Wednesday.

He is coming here from India and will go to Thailand later.


Evidence erased

A video tape relating to the alleged attack on two party leaders on the day of the Western provincial polls was presented in courts — but it drew a blank.

The video was produced in the case where Western provincial council opposition leader Karu Jaysuirya and JVP spokesman Wimal Weerawansa were allegedly attacked when they were on an inspection visit to polling stations in Ratmalana.

Police claimed they found the video cassette three days after the incident but the relevant portion was found to be erased .


JSA wants special team to probe court storming

By Ayesha R. Rafiq

The Judicial Services Association has asked the Minister of Justice to direct the Police Chief to send a special team from Colombo to investigate the recent incident at the Ratnapura Magistrate's Court.

JSA Secretary G.T. Kulatilleke said they have asked that a team from the Special Investigation Unit be sent to Ratnapura as the Association has no confidence in the DIG Sabaragamuwa or any team directed by him.

Mr. Kulatilleke said the DIG appeared to be more interested in protecting his police force than getting to the bottom of the matter.

The DIG had been directed to appear before the Judicial Services Commission on June 2. Ratnapura Magistrate W. Nambuwasam told The Sunday Times that statements from the witnesses present at the Court had been recorded only on June 1. DIG Sabaragamuwa M. Seevaratnam however denied this.

The JSA had requested that the IGP hold an inquiry into the behaviour of the police present at the Court House when it was stormed, among whom were senior police officers, who reportedly hid in the canteen when a mob of 300 stormed the court house and threatened the Magistrate.

The incident occurred after Mr. Nambuwasam had remanded the Chairman of the Nivithigala Pradeshiya Sabha who was a suspect in a murder case.

'We are horrified at the actions of the DIG and the police and seeing what action they took in an open court house we can imagine their effectiveness in other matters', Mr. Kulatilleke said, explaining the decision to ask for a special investigation team.

So far no suspects have been identified in the storming which took place on May 19.

JSC Secretary D.N. Samarakoone declined to comment on the matter.

The JSA is to meet Justice Minister Professor G.L. Peiris in two weeks when they will discuss the progress made on the matter. The Association has also requested an appointment from President Chandrika Bandaranaike Kumaratunga to discuss the issue.

The JSC has requested Ratnapura Magistrate W. Nambuwasam to meet them this week in order to clarify certain matters on the incident.

The Executive Committee of the Bar Association of Sri Lanka passed a resolution last week condemning the attack on the independence and integrity of the judiciary and inactivity of the police officers present.

It called upon the authorities to take action to bring to justice the perpetrators and ensure that such incidents do not recur.

Meanwhile posters came up outside the Colombo Chief Magistrate's Court on Friday demanding the arrest of the suspects and that the freedom and independence of the judiciary be safeguarded.


Dog-fight over AirLanka ads

By Frederica Jansz

A lucrative six million dollar advertising contract for AirLanka has put the national carrier in the spotlight again.

This contract has been awarded to two advertising agencies — Grant McCann Erickson and 141 Worldwide with the Rowlands Company, both umbrella companies of Bates Strategic Alliance.

The big contract drew five contenders — Grant McCann Erikson (Pvt) Ltd, Bates Strategic Alliance, J Walter Thompson (Pvt) Ltd, Phoenix Advertising (Pvt) Ltd, and Trikaya Grey (Pvt) Ltd.

Grants has been awarded the contract for handling the advertising needs of the airline while 141 Worldwide and The Rowlands Company have been chosen to handle direct marketing and public relations for AirLanka.

In an official statement, AirLanka said the contracts were awarded "after detailed and exhaustive evaluation."

Phoenix Advertising (Pvt) Ltd, had won a contract and handled AirLanka for the past one year, amidst a cloud of innuendo.

Despite having come on top, the then AirLanka board did not make the award to Phoenix until Emirates took over AirLanka's management early last year. Then on June 15 last year, Phoenix was suddenly told by the new Emirates management that the contract was being "suppressed".

No reasons were given. Nearly three weeks later the new management had a re-think and lifted the ban, ratifying its agreement with Phoenix Advertising.

AirLanka's Chief Executive Officer Peter Hill told The Sunday Times that he could not remember having suppressed the contract to Phoenix last year just two weeks after the advertising agency had been informed that it had won the award.

"I cannot recall all of what happened last year," he said.

Mr. Hill denied that the award for the advertising contract for AirLanka had political connotations, and that Phoenix had been bypassed this year because its managing director Irwin Weerakody was a working committee member of the UNP.

"I have no interest in the political affiliations of those who responded to our tenders," Mr. Hill said. Phoenix had only a one year interim contract and had been informed at the time that the new management AirLanka would call for fresh tenders this year, Mr. Hill said.

"It's all about competitive tenders and who gives the best presentation. As far as I was concerned Grants and Bates were the best," he said.

AirLanka's marketing Communications chief Rienzie Pereira refused to comment on the contract, saying he could not say any thing beyond the official statement.

But he also said that at no time was the contract with Phoenix suppressed last year after it had been awarded.

The history behind this scenario goes back as far as August 1997 when AirLanka advertised calling for an advertising agency to conduct its promotional campaign.

Three advertising agencies were short-listed by November 19, 1997 and Phoenix Advertising (Pvt) Ltd, came first, but were not awarded the contract. The reason for doing so, according to AirLanka, was because the airline was about to be taken over by a new management and that all such contracts needed to be kept on hold.

On April 1, 1998 Emirates Airlines took over the management of AirLanka. One month later the new management found that AirLanka had no advertising agency. The fact that Phoenix had already won a presentation was bypassed and fresh tenders were called for. Asked to tailor their campaign to suit the new business plan of AirLanka, this time too, Phoenix came on top. A letter to Phoenix on June 2 1998, confirmed that the advertising agency had won the award and an advertising contract was ready. However on June 15, Phoenix was verbally informed by the new Emirates management, that the advertising contract was being suppressed. This ban stood for nearly three weeks.

Meanwhile rumours were afloat, so much so, that Irwin Weerackody, by December that year is on record as having written to the then CEO Andrew Gray, that he was not instrumental in the production of a nasty video aimed at the character assassination of President Kumaratunga, an allegation Mr. Gray said had been made by very senior people in the government.

Mr. Weerackody dismissing such rumours reportedly told Mr. Gray that at no time had he been instrumental in or associated with in the production of a video relating to the President and had never had any intention of vilifying her.

Phoenix had also been providing their services, gratis, to the Ministry of Foreign Affairs and the Department of Information on matters of national interest.

Neela Marikkar, Managing director of Grant McCann Erickson said," We are thrilled to be chosen to handle this account and are really looking forward to working on it. It is very exciting for us to be partners in building a new AirLanka."

"The entire strength of McCann's truly extensive global network will be put behind AirLanka. In fact, a senior level international team of experts in the aviation business flew to Sri Lanka to work on the presentation. The advertising campaign will draw on their experience to position AirLanka as a truly international quality airline", Ms Marikkar stated.


What's wrong in Hilton deal?

The Court of Appeal recently upheld a District Court order in favour of Cornel and Company in the Hilton Hotel settlements case where the State has been asked to consider where and why it has gone wrong in this transaction.

The judges have reprimanded state officers, in 1984, to unnecessarily committing the country to guarantee the repayment of a loan.

The Court of Appeal however lifted the injunction on the transfer of monies to Japan.

(see details on Business Times )


Step towards ending child exploitation

A bill is to be presented in parliament shortly to increase the age limit of child employment from 14 to 16, thereby securing the right of the child not to be exploited as a child labourer.

Labour Minister John Seneviratne told The Sunday Times - to strengthen the rights of the child to be free of labour exploitation till he becomes an adolescent was a long felt requirement.


LTTE hits Razik group again

By Chris Kamalendran

Another member of the pro-government Razik militant group in Batticaloa was gunned down by the LTTE as fresh evidence emerged on how the Tigers had infiltrated the group to kill its leader last Saturday.

Joseph Ranjan, of the National Auxiliary Force (NAF) attached to the Welikanda camp was killed in Kalmunai on Friday while he was leaving his home. The killer was allegedly a member of the LTTE pistol gang.

The incident came a week after the leader of the group, Muthulingam Krishnakumar alias Razik and two others were killed in Batticaloa by a suicide bomber last Saturday.

Investigations have revealed that the LTTE had sent some of its cadres to infiltrate the 'Razik' group and spy on the movements of the leaders.

The Razik group was operating in its official capacity as members of the NAF and recently had stepped up its drive to recruit more cadres.

Some of the cadres who had undergone training had decamped from the group with weapons.

The group was being mainly used to curb LTTE activities in Batticaloa and Kalmunai areas and prevent infiltration by its cadres.

They have also assisted the security forces in their operations against the LTTE.

Meanwhile the Razik group has appointed a new leader, identified as Navar-atnam alias Gandhi.


Hunt is on for judge avoiding justice

By Ayesha R. Rafiq

Britain is seeking the extradition of a former Sri Lankan judge who has been found guilty of fraud and is alleged to be hiding here, an official of the Attorney General's Department said.

The fugitive Arulampalam Kengatharan had been a judge in Sri Lanka till he went to Britain and started a law firm. He was found guilty by a British Court of cheating a number of his clients to the tune of about 200,000 pounds ( over Rs. 20 million).

He is alleged to have avoided sentencing by fleeing to Sri Lanka. The Attorney General's department has put out a warrant for his arrest following a communique to the Foreign Ministry from the British High Commission.


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