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Sri Lanka on alarming path towards recurrence of grave human rights violations – UN report
GENEVA (27 January 2021) – A new UN report published on Wednesday warns that the failure of Sri Lanka to address past violations has significantly heightened the risk of human rights violations being repeated. It highlights what it calls worrying trends over the past year such as deepening impunity, increasing militarization of governmental functions, ethno-nationalist rhetoric, and intimidation of civil society.
Nearly 12 years after the armed conflict in Sri Lanka ended, impunity for grave human rights violations and abuses by all sides is more entrenched than ever, with the current Government proactively obstructing investigations and trials, and reversing the limited progress that had been previously made, states the report, mandated by UN Human Rights Council resolution 40/1.
The report urges enhanced monitoring and strong preventive action by the international community, warning that “Sri Lanka’s current trajectory sets the scene for the recurrence of the policies and practices that gave rise to grave human rights violations.”
Among the early warning signals the report highlights are: the accelerating militarization of civilian governmental functions, reversal of important constitutional safeguards, political obstruction of accountability, exclusionary rhetoric, intimidation of civil society, and the use of anti-terrorism laws.
Since 2020, the President has appointed at least 28 serving or former military and intelligence personnel to key administrative posts, the report states. Particularly troubling are appointments of senior military officials who were implicated in United Nations reports in alleged war crimes and crimes against humanity during the final years of the conflict. These include Shavendra Silva as Army Chief in August 2019 and Kamal Gunaratne as Secretary to the Ministry of Defence in November 2019.
The government has created parallel military task forces and commissions that encroach on civilian functions, and reversed important institutional checks and balances, threatening democratic gains, the independence of the judiciary and other key institutions, the report says.
The report also documents a pattern of intensified surveillance and harassment of civil society organisations, human rights defenders and victims, and a shrinking space for independent media. More than 40 civil society organizations have reported such harassment from a range of security services – including the Criminal Investigation Department, Terrorist Investigation Division and State Intelligence officials.
“The High Commissioner urges the authorities to immediately end all forms of surveillance, including intimidating visits by State agents and harassment against human rights defenders, lawyers, journalists, social actors and victims of human rights violations and their families, and to refrain from imposing further restrictive legal measures on legitimate civil society activity,” the report states.
It warns that despite the Government’s stated commitment to the 2030 Agenda, Tamil and Muslim minorities are being increasingly marginalized and excluded in statements about the national vision and Government policy. Divisive and discriminatory rhetoric from the highest State officials risks generating further polarization and violence. Sri Lanka’s Muslim community is increasingly scapegoated, both in the context of COVID-19 and in the wake of the Easter Sunday attacks of April 2019.
The report notes that Sri Lanka’s armed conflict emerged against the backdrop of progressively deepening discrimination and marginalization of the country’s minorities, particularly the Tamils. Grave human rights violations and abuses committed by all parties have been documented in successive UN reports, including extrajudicial killings, enforced disappearances, arbitrary detention, torture and sexual violence affecting Sri Lankans from all communities.
Numerous commissions of inquiry appointed by successive governments have failed to credibly establish truth and ensure accountability for the violations, the report notes. The Government has now appointed a new commission of inquiry to review the findings of previous commissions, but its membership lacks diversity and independence, and its terms of reference do not inspire confidence it will produce any meaningful result.
A Presidential Commission of Inquiry to investigate alleged “political victimisation” of public officials, security forces and others has undermined police investigations and court proceedings related to several high profile human rights and corruption cases.
One former chief of the Criminal Investigation Division, who led investigations into several emblematic human rights cases, has been arrested while another inspector from the Division left Sri Lanka, fearing reprisals for his lead investigative role in several emblematic cases, and now faces criminal charges.
“While the criminal justice system in Sri Lanka has long been the subject of interference, the current Government has proactively obstructed or sought to stop ongoing investigations and criminal trials to prevent accountability for past crimes,” the report states.
UN High Commissioner for Human Rights Michelle Bachelet stressed that the failure to deal with the past continues to have devastating effects on tens of thousands of family members from all communities who persist in seeking justice, reparations – and the truth about the fate of their loved ones.
“I urge the international community to listen to the determined, courageous, persistent calls of victims and their families for justice, and heed the early warning signs of more violations to come,” Bachelet said, calling for resolute measures by UN Member States.
“Given the demonstrated inability and unwillingness of Government to advance accountability at the national level, it is time for international action to ensure justice for international crimes. States should also pursue investigations and prosecution in their national courts – under accepted principles of extraterritorial or universal jurisdiction – of international crimes committed by all parties in Sri Lanka,” Bachelet said.
“States can consider targeted sanctions, such as asset freezes and travel bans against credibly alleged perpetrators of grave human rights violations and abuses.” Sri Lanka’s contributions to UN peacekeeping operations must be kept under review, the High Commissioner added. Bachelet also urged the Council to support a dedicated capacity to collect and preserve evidence for future accountability processes.
The High Commissioner stressed that Sri Lanka will only achieve sustainable development and peace if it effectively addresses systemic impunity and ensures civic space.
“The failure to do so carries with it the seeds of repeated patterns of human rights violations and potential conflict in the future,” she said.
In preparing the report, the UN Human Rights Office sent detailed questions to the Government and received written responses, followed by a substantive virtual meeting with Government representatives on 7 January 2021. The Government also commented on the report.
The report will be formally presented to the Human Rights Council on 24 February, followed by an interactive dialogue.
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
