I/II.
https://www.colombotelegraph.com/index.php/this-is-not-the-rajapaksa-regime-anymore-this-is-the-gotabaya-regime/
This Is Not The Rajapaksa Regime Anymore, This Is The Gotabaya Regime
July 9, 2014

*By Nimalka Fernando
<https://www.colombotelegraph.com/?s=Nimalka+Fernando&x=11&y=8>*

*The MOD & The NGO Surveillance Secretariat, Keep Your Letter In Your
Archives As A Document To Remind You Of Your Collective Shame!*

The Rajapakse regime has either become completely retarded or imbued with a
deep sense of paraplegic paranoia. It seems as though the Defense Secretary
has become so "high and mighty" that he has once again forgotten that his
motherland has citizens like us with a strong backbone.

I was totally baffled to see the letter signed
<https://www.colombotelegraph.com/index.php/controlling-ngos-defence-ministry-acting-beyond-the-mandate-says-lawyers-collective/>
by a "Mr. D.M.S Dissanayake" who is supposed to be the Director/Registrar
of the National Secretariat for Non Governmental Organizations on a
Ministry of Defence and Urban Development letterhead addressed to all
Non-Governmental Organizations. The main part of this letter focuses on
'Non-Governmental Organizations acting beyond their mandate'  with emphasis
on "*It has been revealed that certain Non Government Organisations conduct
press conferences, workshops, training for journalists and dissemination of
press releases which is beyond their mandate.  We reiterate that all Non
Government Organisations should prevent from such unauthorized activities
with immediate effect*". I can only laugh at this document since while
trying to take away our freedom of expression I do not think the person who
signed this letter understood what he was writing or expressing.

The activities of the NGOs are defined and conducted under the statutes
developed by members of an organization. In simple language this is what we
call "a Constitution". The Constitution in most NGOs will encompass a
vision and mission statement in very general terms. The NGO's objectives
and activities are broadly drawn up and an action plan is evolved in
consultation with the people that the NGO works with.  A work plan is then
drawn up by the members of an NGO and approved at relevant meetings. All of
this is based on the vision and mission of an NGO. The vision and mission
is our mandate. Among the many strategies adopted by NGOs holding
workshops, press briefings, training and disseminating information about
our activities through press releases form the core of action. It is
through such activities we share our vision our mission and our ideas. As
an example of implementing our vision we can even walk around on the
streets along the beautified gardens of Colombo or hold a workshop
somewhere  promoting our vision for peace and against religious extremism.
We do this to raise awareness on serious issues. This is an activity we
implement within the mandate given to us by our constituency from all over
Sri Lanka. It is our constituency that gives us this mandate and not the
State, the ruling class or a political party as popularly believed by
archaic political buffoons frozen in the 1970's and 80's. I'm sure they
haven't even read Chapter 3 of Sri Lanka's present constitution. When Mahinda
Rajapakse <https://www.colombotelegraph.com/?s=Mahinda+Rajapaksa&x=4&y=6>
went to Geneva with files tucked  inside his brief case did the then regime
ever asked him whether he had a mandate to do so. He went to Geneva
remember wearing an INGO badge. Inside that building he was representing an
INGO.

Further we must remind you that in the contemporary world our activities
are broadly defined based on the principles of the various UN Conventions
and the Universal Declaration of Human Rights. We as NGOs view poverty
eradication not merely as a developmental issue but as a struggle to
enhance our entitlements. The NGO Secretariat has also forgotten this
fundamental principle.

Now according to this circular sent by the person who is heading the NGO
Secretariat all these activities become prohibited forthwith. He has
acquired powers from "somewhere" to say that such activities are
`unauthorized'. Mr. Dissanayake this is truly a disappointment and if you
are a senior civil servant you should have known better than this. To me,
this document does not look like a document drafted by a civil servant.
Instead it looks like a document drafted by a military person who believes
that they are operating a police state. You have in fact signed a document
which threatens the very core of democratic life and norms in Sri Lanka.
This is what makes me wonder whether the NGO secretariat consists of
respected civil servants or persons drawn from the military establishment
to serve a retired Colonel.

Surely Mr. Dissanayake you cannot be serious?  How can you without giving
reasons nor explaining the term "unauthorized" make our legitimate
activities "unauthorized"? Who decided what is unauthorized an under what
circumstances? Who deemed that the NGOs cannot hold press conferences? By
issuing this circular you have chosen to make a complete mockery of law and
order because you have relegated our government and defense establishment
to an institution that takes 'pot shots' at NGO's while turning a blind eye
to the Gnasara's of this world spreading hatred and violence. What would be
even more worrying is that you were fully aware of the implications of your
actions and in the spirit in which your amalgamated ministry chose to
breakdown "unauthorized structures" in the Colombo city and elsewhere you
now presume that NGOs can also be bulldozed into oblivion.

By the use of the word "unauthorized" you make your shameful political
objectives clear to me. You are being utilized by a regime which sees NGOs
as a form of resistance against fascism. While all the 'yes men' in the
UPFA stayed silent in the face of injustice it is us who  continued to
combat the machinations of the extremist bloc within the UPFA who were
deliberately built a militarized political ethos and destroyed the existing
checks and balances in our society. With the impeachment of Chief Justice
Bandaranayake
<https://www.colombotelegraph.com/?s=Shirani+Bandaranayake&x=11&y=3> this
bloc brought all tiers of the state under its control. This is not the
Rajapakse regime anymore, this is the Gotabhaya
<https://www.colombotelegraph.com/?s=Gotabaya+Rajapaksa&x=14&y=4> regime.
Its most popular word is unauthorized, and it uses this word to describe
anything that it does not like and bulldozes it.

There are repeated calls from the CSOs and also by the international
community especially during the Universal Periodic review for the removal
of the MOD oversight of NGOs.  It is our position that MOD is not our line
Ministry.  The incapacity to understand the dynamics of NGOs is well
reflected in this letter.  Your letter does not even refer to a law, a
regulation or court decision and hence there seems to be no reference to
the authority from which you decided to tell us that we cannot hold media
briefings and hold training programs.  It is obvious to me that your have
exceeded your mandate for surveillance when you decided to heed the request
of your boss and send this letter to try and intimidate NGO's.

Since I believe that the Constitution of Sri Lanka is still valid to us and
we still live in a Democratic society we are entitled to form associations
and assemblies and engage in democratic activism like training,
dissemination of our ideas.  We have always promoted ideas for peace and
co-existence, national integration and affirmed equality of all people
living in this beautiful country. As a feminist I fight for the day when
Sri Lanka will respect its Constitutional obligations and affirm equal
status of women.  This is a indicator of democracy - at least one. I do not
think the first Lady is my symbol/nor indicator  of equality for all Sri
Lankan women.

Truly, do you believe in the vision of the brothers who run this government
and have a fancy imagination that we live in North Korea? The city has to
be designed to suit the fancy of the `Kurakkan' design. People have to eat
like the `Kurakkan' family and clad themselves in Kurakkan Satakkas. Women
are modeled after the `Kurrakan' lady. There has to be an extent to this
abomination and vulgarity. For our own sanity and your own sanity this has
to stop. The world abhorred Kim Il Sung and Joseph Stalin. I had the
privilege of meeting the victim a young human rights defender from North
Korea while recently whose life story is depicted in the famous file Camp
14. Even though we do not have such camps I am of the opinion that our
minds have been put into camps and our society and social mind sets have
been put into camps by the three brothers. Therefore the background to this
`order' has to be viewed with great fear in some sense. But we cannot let
this fear get the better of us and we cannot let Sri Lanka suffer the same
fate as North Korea or Stalinist Russia.

Mahinda Rajapakse knows the power and impact of the civil society because
he worked with us. In fact many people around him who provide strategic
planning ideas come from the NGO community and have been trained by the
Berghoff Foundation which this government threw out. The consultants who
lectured the Members of Parliament during the weekend workshops in Beruwela
should be honest enough to agree with me. But I do not expect honesty from
theme anymore. The traits of the regime they advise are dishonesty and
misinformation. They are now trying to curtail our dynamic engagement with
the media as the regime is facing unpopularity.

Mr. Dissanayake, it is only a court of law that could decide whether the
work and activities we are engaged in are "unauthorized". Let there be an
adjudication of such. Many people will disagree with me regarding this
position since pursuing such a course of action would be like seeking a
judgment from the thief's mother as the highest authority to decide such a
matter is held by a Rajapakse stooge. Nonetheless I think the institution
requires testing and we should challenge such an authority. We will conduct
our work as usual and it is up to you to prove that what we are doing is
`unauthorized'. You can choose to draw a line in the sand but we can choose
to cross it. Try and stop us.

Civil society and Democratic citizens will defy this nonsensical letter
purported to have originated from the Registrar of the NGO Secretariat. If
this letter is authentic I can only be saddened by the fact that this civil
servant does not know the subject of his task nor is attuned to
international norms and standards governing our operations. The government
pledged to work in corporation with NGO's during the Universal Periodic
review. Sri Lanka agreed to corporate with civil society. One of the
learning experiences for the members of the Human Rights Commission who
received some orientations during their visit to Geneva in March 2013 under
the Commonwealth assistance program would have been the importance of
having a constructive engagement with NGOs undoubtedly.

Therefore I wish to call upon Mr Dissanayake and all those who are behind
this circular to withdraw this letter forthwith. I would like to also urge
all my colleagues to throw this document into the dustbin. I would like to
request the MOD and the NGO surveillance Secretariat to keep your letter in
your archives as a document to remind you of your collective shame.
II.
http://www.aljazeera.com/news/asia-pacific/2014/07/sri-lanka-bans-ngo-news-conferences-20147911164236904.htm

Sri Lanka bans NGO news conferences
     Government says NGOs can no longer hold press conferences or train
journalists, in move criticised as "unconstitutional"
  Last updated: 09 Jul 2014 13:18

Sri Lanka has banned civil activist groups from holding news conferences
and training for journalists, with the organisations rejecting the move as
unconstitutional.

JC Weliamuna, a lawyer from the Civil Society Collective, an umbrella
organisation, said on Wednesday that the defence ministry's order was
"absolutely unconstitutional" and violated the public's rights of freedom
of association and expression.

He called it a "continuation of threats on civil society."

A defence and urban development ministry notice dated July 1 ordered
nongovernmental organisations to desist from conducting "press conferences,
workshops, training for journalists and dissemination of press releases,"
saying such acts are "unauthorised" and "beyond their mandate."

Groups received the notice on Monday, and the Associated Press news agency
saw it on Wednesday.

Weliamuna told reporters that the directive was not based on any legal
provision.

"This is a directive of some public servant and no one is bound by this,"
he said.

Sudarshana Gunawardana, also from the collective, said, "We reject this
announcement. It's an illegal document made going beyond the mandate and
hence we challenge it."

US State Department spokesperson Jen Psaki said in a statement that the
"order undermines Sri Lanka's longstanding and proud democratic traditions,
including freedom of speech and freedom of assembly."

Last month, corruption watchdog Transparency International Sri Lanka
accused the government of disrupting the group's training programme for
journalists from the country's former civil war zone, accusing participants
of being agents for the defeated Tamil Tiger separatists.

The training on corruption-related investigative reporting was for ethnic
Tamil journalists from the country's north and east.

The journalists, however, were evicted from two training venues,
Transparency International said, adding that the participants were also
forced out of their hotel at night.

The defecse ministry rejected the allegation of disrupting the training.
Sri Lanka's military has been accused of excessive interference in civil
matters since the country's quarter-century civil war ended five years ago.


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Peace Is Doable

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