OMP bill duly passed and Legally valid says the Speaker
Posted on August 21st, 2016
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.