news
Sumanthiran, former HRCSL Commissioner, press for int’l intervention
Jaffna District TNA lawmaker M.A. Sumanthiran, PC, has argued that Sri Lanka is incapable and unwilling to deliver justice through domestic mechanisms, and there has to be international pressure. The MP said so at a webinar with former top UN and US officials and Sri Lankan participants called for a strong UNHRC resolution at the 46th sessions scheduled to commence on Feb 22. All panelists warned UN failure on Sri Lanka could spur worldwide pandemic of impunity.
They emphasised the need to act on the UN High Commissioner’s recommendations
The webinar “Sri Lanka: Quest for Justice, Rule of Law and Democratic Rights”, co-hosted by the Global Tamil Forum (GTF), Centre for Human Rights and Global Justice – New York University, Sri Lanka Campaign for Peace and Justice and the Canadian Tamil Congress (CTC), held on February 12th attracted more than 3,000 live viewers.
Ambika Satkunanathan, a former Commissioner of the Human Rights Commission of Sri Lanka, stressed that threats and intimidation to the civil society had escalated to the point of branding them terrorists and traitors. She argued that such a government was incapable of honestly addressing the past and the mothers of missing persons would not receive justice in their lifetime.
Charles Petrie, a former UN Assistant Secretary General, and the author of “the report of the Secretary-General’s Internal Review Panel on UN action in Sri Lanka”, referred to Sri Lanka as a country that never came to terms with its violent past and that only an enlightened leadership in Sri Lanka, which is seriously lacking now, can solve the fundamental problems of the state. He also argued that the UN system recognised its past failures and has good intentions and tools to be effective in promoting human rights and good governance in Sri Lanka. However, he cautioned that UN is lacking in courage and counting exclusively on it can lead to disappointment and hurt.
Pablo de Greiff, a former UN Special Rapporteur, recalled from his vast experience with Sri Lanka, and stressed that Sri Lanka’s problems are deeper than its 2009 failure, and by not complying with its international obligations, Sri Lanka was failing its own citizens.
Why some countries undergo repeated cycles of violence, he argued was well understood, and where Sri Lanka was heading was deeply troubling. He also called for all of the UN High Commissioner’s recommendations, including country-specific measures, to be given serious consideration.
Stephen Rapp, formerly US Ambassador-at-Large for Global Criminal Justice, argued that impunity was contagious citing the emblematic navy abductions where even without politics behind the killings Sri Lanka could not deliver justice. He described the new Commission of Inquiry set up by the government as an effort to obstruct justice and called for the creation of a dedicated capacity to collect and preserve evidence which would be essential when the conditions were right to deliver justice – both through the UN and by country specific initiatives.
Centre for Policy Alternative’s Bhavani Fonseka, author and activist, claimed to present compelling evidence of democratic backsliding and the erosion of rule of law in the context of the newly enacted 20th Amendment to the constitution. She claimed that the strong executive presidency was resorting to extra-legal measures, including militarised governance, and ruling through Presidential Task Forces.
Ameer Faaiz, Director of International Affairs of the Sri Lanka Muslim Congress, presented a picture of how anti-Muslim violence escalated in the last decade, argued that the denial of the burial rights of Muslims should be viewed in the context of rising anti-Muslim hatred, and called for increased attention from the UNHRC on religious freedoms of minorities.
Shreen Saroor, a peace and women’s rights activist, claimed how the Prevention of Terrorism Act continued to be used against Muslims, with more than 300 people in detention, and the coordinated efforts to cripple civil society organisations. However, she asserted that the extreme oppression and denial of justice had brought the minority communities together.
The presentations were followed by a lively Q & A session, moderated by Melissa Dring from the NGO Sri Lanka Campaign for Peace and Justice – which further illuminated critical challenges facing all Sri Lankans. Issues discussed included:
·Sri Lanka’s failures rooted in the nature of the state
·strengthening institutions with independent Judiciary and Attorney General Department
·the government narrative of no crimes committed during the war totally lacking in credibility
·ensuring accountability and justice for all parties to the conflict
·human rights and justice are neither zero sum propositions, nor the international community targeting Sri Lanka
·coordinated domestic and international effort as a means of crisis prevention
There was consensus among the presenters that Sri Lanka is entering a critical phase where the future for democracy, rule of law and good governance is bleak. The exclusionary and majoritarian thrust of the government will disproportionately affect the minority communities. On its own, Sri Lanka will not deliver on accountability or justice. This is the time for strong international involvement to prevent future violent conflict.
The OHCHR report was welcomed as capturing the failures of Sri Lanka in addressing the past and the emerging crisis situation. Participants called for a strong resolution in the upcoming UNHRC session, which should incorporate the High Commissioner’s recommendations including a strong reporting function for OHCHR on human rights, a dedicated facility to collect and preserve evidence and the application of universal jurisdiction, targeted sanctions, asset freezes and travel bans.
It was argued that international pressure, including economic leverage selectively applied, could be effective. Panellists also spoke of the power of targeted populations coming together to reassert their lost rights in recent weeks. It was proposed that both enlightened local leadership and strong international involvement were crucial to change the trajectory of Sri Lanka from repeated political violence and entrenched impunity.
Author
- News Advertiesment
See Kapruka’s top selling online shopping categories such as Toys, Grocery, Flowers, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka’s unique online services such as Money Remittence,News, Courier/Delivery, Food Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka.
Author
-
sdfsdf sdf sf sf sdf sf sdf
Author
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.
Author
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.
