Pivithuru Hela Urumaya leader Udaya Gammanpila said that he will introduce an Indemnity Bill to Parliament as a Private Member's Bill, if the UN Human Rights Council report on Sri Lanka contains serious accusations against the Sri Lankan armed forces.

Gammanpila said that the concept of an Indemnity Bill was introduced by the British and was used three times in the modern Sri Lankan history. The British used it in 1915 following the Sinhala-Muslim clashes and the Sri Lankan government passed an Indemnity Bill in Parliament with respect to the 1971 Insurrection. A similar Bill was passed in Parliament in 1988, during the JVP insurrection in the late 1980s, Gammanpila said.

The Office of the UN High Commissioner’s Investigation on Sri Lanka or OISL report will be released today by the UN High Commissioner for Human Rights Zeid Ra'ad Al Hussain. Speaking at the inaugural session of the 30th UNHRC Session, Zeid Ra'ad Al Hussain said that the findings on the OISL "are of the most serious nature".

By Sonya Sceats

Sri Lankan war crimes will be laid bare in a harrowing UN report to be published on Wednesday. The Sri Lankan government has already launched its latest charm offensive to convince the world it can deal with these issues, but the international community must stay strong to ensure a proper justice process that wins the confidence of survivors and enables the country to heal.

Ever since the civil war ended in May 2009, Sri Lanka has invested vast amounts of diplomatic capital in staving off calls for accountability for crimes committed by both sides of the conflict, as well as torture and other abuses afterwards as the country slid into despotism.

For years these efforts succeeded as Sri Lanka painted itself as a leader in the fight against terrorism and a standard bearer for developing countries, defending its sovereignty in the face of “interference” by western governments pushing a human rights agenda. A commonwealth summit hosted by Sri Lanka in November 2013 was a turning point. Brushing off intense pressure for a boycott, the UK prime minister, David Cameron, insisted that he would seize this opportunity to meet victims in Tamil parts of the country and “shine a light on human rights”.

Cameron proved his critics wrong by turning his experience with families of the disappeared into a passionate call for an international inquiry into wartime atrocities and ongoing violations after the conflict ended. In March last year, the UK and US built support among a coalition of states in Africa, Latin America and elsewhere for a resolution of the UN human rights council ordering an international investigation aimed at “avoiding impunity and ensuring accountability”.

The UN report, to which Freedom from Torture submitted evidence, is expected to reveal a sickening catalogue of international crimes committed in the war and its aftermath. The UN human rights chief, Zeid Ra’ad Al Hussein, has already warned that the inquiry’s findings “are of the most serious nature”.

Freedom from Torture supplied extensive forensic material to the investigators based on almost 150 examinations conducted by our expert doctors. Our report Tainted Peace shows that torture – including rape and extensive burning – has continued to be practised by the Sri Lankan military, police and intelligence services since the end of the conflict and that those at particular risk include Tamils with a real or perceived association with the Tamil Tigers, even at low levels and whether current or historical.

The Sri Lankan government bitterly opposed the UN probe. Investigators were apparently unable to access the country, even after Mahinda Rajapaksa was ousted at presidential elections in January. The new Sri Lankan government, led by President Maithripala Sirisena, concedes that accountability is essential for reconciliation, but echoes the previous regime by insisting this is an internal matter. In theory, a national process is preferable, in keeping with Sri Lanka’s international human rights obligations, but in practice this would prove highly problematic.

Sri Lanka has a record of flawed domestic accountability processes and the justice sector remains weak after years of debasement in the service of a corrupt elite. While the new leadership has begun to restore press freedom and the rule of law, it has proven unable or unwilling to take on Sri Lanka’s overbloated and lawless security sector. In a painful blow to victims, a senior commander whose division was implicated in serious human rights abuse was recently promoted to army chief of staff.

Freedom from Torture has seen case materials for eight people tortured in Sri Lanka this year, including as recently as June. In most cases the person reports being abducted by plainclothes agents and transferred, often in white vans, to unknown facilities where they were subjected to multiple forms of torture such as beatings, asphyxiation by plastic bags full of petrol fumes tied around the head, burning and sexual violence.

“Trust us,” said Sri Lanka’s foreign minister, Mangala Samaraweera, to diplomats gathered at the Human Rights Council on Monday. But trust is in short supply from survivors, many of whose families are still subject to harassment and surveillance by the Sri Lanka authorities to this day.

The survivors we work with are adamant that Sri Lanka is incapable of exposing those most responsible for their suffering to a justice process meeting international standards. They are pinning their hopes on the UK, US and other members of the human rights council to follow through on the UN findings and demand an accountability mechanism that includes strong international participation at every stage and level.

Any process that fails to win the support of survivors, including from the Tamil minority, is doomed to fail before it even begins. Instead of aiding the cause of reconciliation it might derail it. As Al Hussein said yesterday, the human rights council “owes it to Sri Lankans – and to its own credibility – to ensure an accountability process that produces results”.

(The Guardian)

While there has been some positive feedback to Foreign Minister Mangala Samaraweera's recent speech at the UNHRC from Sri Lanka's minority Tamils, several leading politicians rejected government plans for a truth commission to promote reconciliation after decades of ethnic war.

Instead, they continue to insist on an international inquiry.

Foreign Minister Mangala Samaraweera unveiled a range of reconciliation measures yesterday at the UN Human Rights Council in Geneva, two days before the release of a long-awaited report on Sri Lanka's alleged war crimes.

"The minister tells us to have confidence and trust them. But ... He himself acknowledges that their track record is not good," said Suresh Premachandran, leader of the Eelam People's Revolutionary Liberation Front, a constituent party in the TNA.

"That is why we say: have an internationally independent inquiry."

Tamil legislator Dharmalingam Sithadthan also rejected the commission in favour of an international inquiry, adding that the ethnic minority was also seeking a greater share of political power.

Tamils have demanded greater autonomy in areas of the war-ravaged north and east of the country where they are concentrated. The war ended in 2009 when troops crushed Tamil rebels fighting for a separate homeland on the Sinhalese-majority island.

"You can't just pay compensation and forget about it. We need a credible political solution," said Sithadthan, leader of the Democratic People's Liberation Front.

Prime Minister Ranil Wickremesinghe said on Tuesday the plans aimed to resolve reconciliation issues so that "all Sri Lankans are treated equally" and "together we look at the future".

Wickremesinghe briefed Indian Prime Minister Narendra Modi on the developments during an official visit to New Delhi.

A former Norwegian peace envoy to Sri Lanka, Eric Solheim, also welcomed the plans, saying on Twitter that they would be a "sea change for Sri Lanka" if implemented.

President Maithripala Sirisena came to power in January promising reconciliation and accountability for alleged atrocities committed by troops under the command of then-president Mahinda Rajapaksa.

Rajapaksa resisted Western pressure to investigate allegations that up to 40,000 Tamil civilians were killed by his troops in the final months of the conflict.

The Human Rights Council will tomorrow release the report on Sri Lanka's alleged crimes during the war.

The report had initially been scheduled to be published in March, but UN rights chief Zeid Ra'ad Al Hussein had recommended it be delayed for six months to give the country's new government a chance to cooperate with investigators.

(With inputs from Outlook)

The proposals made by Sri Lankan Foreign Minister Mangala Samaraweera on Monday to address Tamil grievances have evoked appreciation generally.

Samaraweera, while speaking at the United Nations Human Rights Council in Geneva, proposed the adoption of a new Constitution and setting up of a truth commission, among other things, to address the Tamil question.

R. Sampanthan, Leader of Opposition in Parliament and the Tamil National Alliance chief, said present government’s stand on the issue is different from its predecessors. “The government is adopting the correct position,” pointed out Mr. Sampanthan. 

Paikiasothy Saravanamuttu, founder of the Centre for Policy Alternatives (CPA), a civil society organisation engaged in non-violent conflict resolution and democratic governance, also welcomed the proposals. The government has acknowledged mistakes of the past and there appears to be a “commitment” on its part, Dr. Saravanamuttu said.    

Vikasa Dharmadasa, chairperson of the Association of War Affected Women, a Kandy-based group, said the Foreign Minister’s proposals are “comprehensive and very progressive”.

Vasudeva Nanayakkara, a critic of the government and leader of the Democratic Left Front, also supported “many of the proposals”. He claimed that some suggestions such as amending the penal code for criminalising enforced disappearances and setting up an institution to attend to families of missing persons were mooted when he was a minister in the Mahinda Rajapksa government. He emphasised on the need of a reconciliatory approach towards the issue of war crimes instead of focusing on retribution.

But, TNA’s Sampanthan said the commitments made by the government had to be honoured in full. “Given our experiences, Sri Lankans cannot be blamed for not having confidence in the domestic mechanism. International inputs may become inevitable. The [judicial] process must be structured to ensure a comprehensive resolution of the conflict.”

However, not everyone is enthusiastic about the proposals. Ananthy Sasitharan, member of the Northern Provincial Council, said that without tackling the root cause of the problem, there was no point in drafting proposals.

K.S. Ratnavel, a lawyer who has been pursuing cases concerning missing persons, said the proposals did not address the elements of justice and accountability effectively. Arguing that a credible mechanism is not possible domestically, he said the UN Security Council had to push for an international judicial process.

Udaya Gamanpila, leader of the Pivithuru Hela Uramaya, pulled up Samaraweera for “internationalising an internal matter” of Sri Lanka.  He said an effort would be made in Parliament to introduce an indemnity bill to protect “war heroes,” as done thrice in the past.

(The Hindu)

A group of eminent persons from various countries has called upon the United Nations Human Rights Council (UNHRC) to establish an international independent judicial process under UN auspices to go into alleged war crimes in Sri Lanka.

In an open letter, the group contended that “very little has changed” since the Council adopted a resolution in March 2014, setting up an international investigation into allegations of crimes committed during and since the war through the Office of the UN High Commissioner’s Investigation on Sri Lanka or OISL.

The proposed international process should have the elements of application of international criminal law, including war crimes, crimes against humanity, and genocide; consultation on the mechanism’s design with all affected groups, especially victims; independent operation and adequate funding; guarantees of witness protection; access to information from all sources, including government and military and the appointment of independent and competent personnel.

Appreciating the Sri Lankan government for making “commendable progress” confronting corruption and instituting democratic reforms, the group, however, said: “these reforms, however, while welcome, should not be confused with justice for victims.” It argued that democracy was being restored in Sri Lanka’s south “while the largely Tamil lands of the North [and] East remain under military occupation.” Despite the talk of reconciliation, the administration had not “acted on an essential confidence-building measure: releasing the names and details of prisoners it holds or who surrendered at the end of the war,” added the group which included Miguel d'Escoto Brockmann, former Foreign Minister of Nicaragua; Miloon Kothari, former Special UN Rapporteur on the Right to Housing; Medha Patkar, Indian social activist; David Rampton of the London School of Economics and Political Science; Frances Harrison author; Callum Macrae, film maker and Anuradha Mittal, Executive Director of the US-based Oakland Institute.

Meanwhile, in Sri Lanka, M.K. Shivajilingam and Ananthy Sasitharan, members of the Tamil National Alliance in the Northern Provincial Council, along with others, concluded a five-day walk this evening in Nallur of Jaffna, demanding an international mechanism. They began their walk in Killinochchi last week.

(The Hindu)

Sri Lanka government proposes a political settlement through the adoption of new constitution, amending penal code to prevent hate speech, judicial reforms, Foreign Minister Mangala Samaraweera said.

Addressing the inaugural session of the 30 th Session of the UNHRC, Samaraweera asked the Council not to judge Sri Lanka based on past broken promises. He asked from all those who have doubts about a process of accountability to have no fear about such failures.

He pointed out that the recent general election brought moderates to power, rejecting the extremists. There is a government in place in Sri Lanka that recognises the suffering of victims across communities, he said.

Samaraweera said that Sri Lanka will set up two Commissions for truth seeking. One of them will be a Commission of Truth, Justice, Reconciliation and Non-recurrence evolved in consultation with authorities in South Africa, he said. The other will be an Office on Missing Persons, based on the families’ right to know, he added.

Full Text of the Speech

Mr. President

High Commissioner for Human Rights

Excellencies

Distinguished delegates

I would like to begin by thanking you, and the members of the Council for the trust reposed in Sri Lanka at the 28th Session and agreeing to defer the release of the Report of the OHCHR Investigation on Sri Lanka.

The time granted by the Council gave the Government much needed space to begin implementing its reform agenda, renew its engagement with the international community, including the High Commissioner for Human Rights, and his Office, and start taking steps aimed at achieving meaningful reconciliation, strengthening democratic institutions, good governance, the rule of law, and confidence building among communities affected by conflict for many years.

Mr. President,

The victory of the United National Front for Good Governance (UNFGG) at the Parliamentary election last month, enabled President Sirisena and Prime Minister Ranil Wickremesinghe to form a National Unity Government. Traditional rivals in Sri Lankan politics – the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP) thus came together, heralding a new culture of consensual politics in the country and creating much needed political and policy stability. 

An important feature in the August 17th election was the return of centrists to power in the legislature and the resounding defeat of extremists on both sides of the divide. As a result, the moderates in Parliament have once again secured power which augers well for progressive reform. This includes ensuring that the universal values of equality, justice, and freedom are upheld by fostering reconciliation between communities and securing a political settlement.

Inaugurating the 8th Parliament just two weeks ago on the 1st of September, President Sirisena drew from the example of South Africa where the main political parties came together at a historic moment in that country. He affirmed that similarly, in the post-conflict context in Sri Lanka, the formation of a National Unity Government is essential to obtain the bipartisan consensus that is necessary to face the important challenges before our nation, which include reconciliation and peacebuilding.

Upholding good governance practices, the Parliament, on 1st September, rightly appointed as the Leader of the Opposition, the head of the Tamil National Alliance, Mr. R. Sampanthan, who is the leader of the Party that obtained the third highest number of votes at the election.

The appointment of the Tamil National Alliance leader as Leader of the Opposition, as well as the appointment of the 44th Chief Justice of Sri Lanka in January were clear messages that in the new Sri Lanka, extraneous considerations such as ethnicity, religion, class or gender would not be used to deny anyone their rightful place.

Mr. President,

From May 2009 post-conflict reconciliation eluded us as a result of the short-sighted policies and the triumphalist approach that was adopted immediately following the end of the conflict. The National Unity Government is now approaching reconciliation afresh as a matter of urgent priority.

As a Government that is responsible and accountable to her people, the National Unity Government remains firm in its resolve to do right by the people of the country, not in the least because of assurances given to the international community at any point in time, but because this is the only path available to ensure justice, remove the causes of terrorism and achieve a durable peace for the long-suffering people in our country.

Mr. President,

As you would agree, reconciliation is a process and it will take time. Many, I know are impatient. We understand their impatience and their right to be so. However, this process must be carefully planned. Our nation has faltered far too many times since Independence and we cannot afford to fail once again.

Mr. President,

The Government of Sri Lanka recognises fully that the process of reconciliation involves addressing the broad areas of truth seeking, justice, reparations and non-recurrence and for non-recurrence to become truly meaningful, the necessity of reaching a political settlement that addresses the grievances of the Tamil people.

With the mandate granted by the people, the President, Prime Minister, and the Government have already taken some important steps to create the conditions required for initiating a dialogue aimed at a political settlement.

As you are aware, Mr President, item 93 of President Sirisena’s manifesto in the lead up to the January 2015 election expressed the intention of the common candidate, if elected, to address issues of accountability through national independent judicial mechanisms.

Accountability is essential to uphold the rule of law and build confidence in the people of all communities of our country, in the justice system. We also recognise fully, the importance of judicial and administrative reform in this process. These are essential factors that must be addressed for the culture of accountability and the rule of law which have eroded through years of violence to once again be ingrained in our society. We recognise how important this is to prevent impunity not only for violations of human rights but corruption and other crimes; and how vital these processes are for the long-term development of our country and for the peace dividend to be felt by all our citizens including generations to come. These are lessons we have not only learnt from the experiences of other countries, but also from our own history and recent past.    

The ideas that the Government has evolved for setting up independent, credible and empowered mechanisms for truth seeking, justice, reparations and guarantees of non-recurrence within the framework of the Constitution include the following:

-For truth seeking, the establishment by statute, of two mechanisms:

(i) a Commission for Truth, Justice, Reconciliation and Non-recurrence to be evolved in consultation with the relevant authorities of South Africa. This mechanism is envisaged as having a dual structure: a ‘Compassionate Council’ composed of religious dignitaries from all major religions in the country and a structure composed of Commissioners. For many victims of human rights abuses, from whichever community, where the perpetrators are unclear for a judicial mechanism to handle, or where the practices of the state and society have resulted in discrimination, this Commission will allow them to discover the truth, understand what happened and help remedy any sense of injustice.

(ii) an Office on Missing Persons based on the principle of the families’ right to know, to be set up by Statute with expertise from the ICRC, and in line with internationally accepted standards.

-On the Right to Justice, what is being proposed is for a Judicial Mechanism with a Special Counsel to be set up by Statute. This takes into account the right of victims to a fair remedy and aims to address the problem of impunity for human rights violations suffered by all communities. There have been previous instances as well in Sri Lanka when criminal justice mechanisms of different kinds have been set up. This, therefore, is not at all an alien concept. Neither is it aimed at a particularly group of persons, but something that is essential in terms of upholding the rule of law, and creating a society that respects the rule of law.   

-On the Right to Reparations, an Office for Reparations to be set up by Statute to facilitate the implementation of recommendations relating to reparations made by the proposed Commission on Truth, Justice, Reconciliation and Non-recurrence, the Office of the Missing Persons, the LLRC and any other entity; 

Mr President,

In order to guarantee non-recurrence, it is proposed that a series of measures would be undertaken including administrative and judicial reform, and the adoption of a new Constitution. A series of measures including amending the penal code to criminalise hate speech and enforced disappearances are also in process. The best guarantee for non-recurrence is of course a political settlement that addresses the grievances of the Tamil people. We hope that we can achieve this through the adoption of a new Constitution. A Constituent Assembly of Parliament will be set up for this purpose shortly.

Mr. President,

These mechanisms will be evolved and designed through a wide process of consultations involving all stakeholders, including victims. Moreover, each mechanism is envisaged to have the freedom to obtain assistance, both financial, material and technical from our international partners including the OHCHR.

Additionally, Mr. President, the Government is committed to strengthening the National Human Rights Commission in line with the Paris Principles; sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearances without delay; maintain the moratorium on the death penalty with a view to its ultimate abolition; release previous Presidential Commission Reports such as Udalagama and Paranagama by the end of this month; begin issuing Certificates of Absence to the families of the missing as a temporary measure of relief; disengagement of the military from commercial activities; undertake security sector reform; invite a series of Special Rapporteurs to undertake visits to Sri Lanka in 2015 and  beyond; issue instructions clearly to all branches of the security forces that torture, rape, sexual violence and other human rights violations are prohibited and that those responsible will be investigated and punished; review and repeal the Prevention of Terrorism Act and replace it with anti-terrorism legislation in line with contemporary international best practices; review the Public Security Ordinance Act; and review the Victim and Witness Protection Act which was enacted this year. Steps are also being taken by the Office of National Unity and Reconciliation to extend psychosocial support to communities and individuals that are in need of such care. The pursuit of engagement of Sri Lankans living overseas belonging to all communities, and inviting them to assist in the Government’s peacebuilding and reconciliation efforts is another undertaking that we take seriously. In this context, the review of the listing of 16 organisations and 424 individuals last year, under the provisions of UN Security Council Resolution 1373, is currently nearing completion.

Mr. President,

Defeating terrorism in Sri Lanka was a necessity. Today, we have greater freedom to deal with the causes of terrorism and engage in nation-building and peacebuilding as a result of the cessation of hostilities. The armed forces of our country have been hailed in the past for their discipline and professionalism. However, the reputation of the vast majority of the armed forces was tarnished because of the system and culture created by a few in positions of responsibility.

Therefore, to all those who have doubts about a process of accountability, I would like to say, please don’t fear. Maintain your confidence that a process of this nature would impartially observe due process and, in fact, help restore the good name of the armed forces.

As we restore the credibility of the armed forces, we look forward to further contributing to peace and stability in the world through significantly greater engagement in peacekeeping and humanitarian activities. In fact Sri Lanka recently signed on to the Kigali Principles on the Protection of Civilians.

Mr. President,

Today, we have a Government in place which acknowledges the suffering of victims across Sri Lanka’s communities; a Government which recognizes the mistakes of the past; and is all too aware of the weaknesses of our institutions. A Government that does not seek to take cover by distorting concepts and principles such as sovereignty for its own selfish ends, but instead remains firmly committed to the welfare of all its citizens, remains open to dialogue, and to address difficulties and deficiencies with help and assistance from the international community where required.

Those who are sceptical about Sri Lanka’s ability to transform as a nation, and address all these issues, are many. They claim that there can never be justice in Sri Lanka; that there can never be recognition of all communities as equals. All I have to say to them is: look at what the people achieved on the 8th of January. The world had given up hope on Sri Lanka to such an extent that very few believed that what was achieved through democratic means on that day was within the realm of possibility in my country. This feat was repeated on the 17th of August when extremists on both sides of the divide failed to secure seats in Parliament.

Therefore, I say to the sceptics: don’t judge us by the broken promises, experiences and u-turns of the past. Let us design, define and create our future by our hopes and aspirations, and not be held back by the fears and prejudices of the past. Let us not be afraid to dream. Let us not be afraid to engage in meaningful dialogue aimed at finding solutions to problems as opposed to pointing fingers, heaping blame and scoring political points at the expense of future generations.

We are committed and we require the patient understanding not only of the international community but all the right-minded citizens of Sri Lanka in this endeavour; we seek their understanding and assistance in walking hand in hand with us on this journey.

This journey may not be as fast as some may want it to be. And for some, we may have already gone too far. But the Government of President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe has the political will and the courage of their convictions to ensure that we take the country forward, breaking the barriers of ignorance, fear, prejudice and hate.

My plea to you Ladies and Gentlemen, is: trust us and join us to work together and create the momentum required to move forward and take progressive, meaningful and transformative steps to create a new Sri Lanka.

Thank you.

UNHRC Chief Prince Zeid bin Ra'ad said that the findings of the UNHRC report on Sri Lanka "are of the most serious nature."

Addressing the inaugural session of the 30th UNHRC Session, Prince Zeid welcomed the commitments made by the new government of President Maithripala Sirisena.

However, he insisted that an accountability process that provides results must be ensured.

The UNHRC Chief also said that the committee report on Sri Lanka will be released on Wednesday.

Foreign Minister Mangala Samaraweera will address the session in a short while.

Prince Zeid statement said the following on Sri Lanka:

"Six years ago, we were confronted with serious violations and loss of civilian life in the last months of Sri Lanka's long civil war. This Council has been deeply engaged with the need for accountability, as a necessary step for reconciliation in that country. On Wednesday I will release the report of the comprehensive investigation that OHCHR was mandated to conduct in March 2014, including my recommendations. Its findings are of the most serious nature. I welcom the vision shown by President Sirisena since his election in January 2015, and the commitments made by the new Government under his leadership. But this Council owes it to Sri Lankans - and to its own credibility - to ensure an accountability process that produces results, decisively moves beyond the failures of the past, and brings the deep institutional changes needed to guarantee non-recurrence".

Foreign Minister Mangala Samaraweera and Justice Minister Wijedasa Rajapaksa along with senior government officials met UN High Commissioner for Human Rights Prince Zeid at the Palais Wilson in Geneva on Sunday. Samaraweera will address the UNHRC today.

Sri Lanka’s Foreign Minister Mangala Samaraweera would make a statement in Geneva on Monday, the inaugural day of the the United Nations Human Rights Council (UNHRC)’s three-week-long session.

The statement is expected to throw light on how the Sri Lankan government will proceed further on the issues of accountability and reconciliation, The Hindu reported today.

On September 30, the Office of the UN High Commissioner for Human Rights Investigation on Sri Lanka will present a report on alleged violations of human rights during the Eelam War.

After making his statement, Samaraweera will leave for New Delhi to join Prime Minister Ranil Wickremesinghe, who will be making his first overseas trip after assuming charge for the fourth time a few weeks ago, according to an official.

Asked whether the UN has handed over the probe report to the Sri Lankan government as reported by some media, Deputy Foreign Minister Harsha de Silva told The Hindu: ‘We would not like to comment on the matter’. 

(With inputs from The Hindu)