- Monday, 28 March 2016
TRANSITIONAL JUSTICE MESSAGE NEEDS TO BE BETTER COMMUNICATED TO PEOPLE
As befits a democratic government that governs with the consent of the people, the government has launched two major public consultation processes. The first of these public consultations organized by the government was with regard to the constitutional reform process and ended on March 15. The second major public consultation process initiated by the government is led by the National Consultation Task Force comprising civil society members. Their endeavour at the present time is to bring in more civil society groups into the consultation process.
- Monday, 21 March 2016
One of the positive features of the present time is the unity of the top leadership of the mainstream political parties. This was demonstrated in the eastern district of Ampara last week when the Sri Lanka Muslim Congress (SLMC) held its annual convention under the leadership of Minister Rauf Hakeem. The event was attended by President Maithripala Sirisena, Prime Minister Ranil Wickremesinghe, Opposition and Tamil National Alliance leader R Sampanthan, and Minister Mano Ganesan of the Democratic People’s Front representing the Indian-origin Tamils. Each of these leaders represents the mainstream of each of the ethnic communities that together constitute the Sri Lankan nation. There was a visible manifestation of goodwill and partnership between the respective party leaders on this occasion which was evidenced by the speeches they made.
The situation today is far removed from that described soul searchingly by Neville Jayaweera in his memoirs titled “Exorcising The Past And Holding The Vision” published in 2014. In that book the former civil servant recounts how government leaders in the 1960s considered those of the Tamil ethnicity to be potential enemies of the state. When he was sent as a young man to head the administrative service in Jaffna as the Government Agent, he was instructed to be tough on any requests or demands made to him the Tamil political parties and their leaders. The orders he received from his superiors were that, he “should be unrelenting towards Tamil demands, and wherever possible, force confrontations with them and establish the government’s undisputed ascendancy.” In his memoirs he also refers to the petty manner in which the government leaders of those years turned down opportunities to visit the north.
- Monday, 14 March 2016
The issue of international participation in Sri Lanka’s transition process continues to remain a matter of speculation with different pronouncements being made by different members of the government. However, support for an international role in ascertaining the truth of what happened in the last phase of the war has received a boost due to the maiden speech in parliament made by former army commander Field Marshal Sarath Fonseka. His credentials as a champion of Sri Lanka’s sovereignty and unity as a state cannot be denied even by his political opponents. It was he who turned round the military debacles of an earlier period and achieved military success by leading from the front. Speaking in Parliament the former army commander said that Sri Lanka should permit foreign observers to participate in any inquiry on whether war crimes had been committed in the last phase of the country’s war.
During the period of the last government, the former army commander was victimised by its leaders who saw him as a potential threat to their monopoly of power. After the election of President Maithripala Sirisena the former army commander was compensated for the political victimisation he suffered and was also promoted from the rank of General of the army to that of Field Marshal. After the general election that saw the formation of a government of national unity, he was also appointed to parliament on the national list and thereafter made a cabinet minister. He disclosed that government decision makers during the final period of the war had asked him to get out from operational duties and assigned the political authorities to handle the military operations. In his maiden speech in Parliament that “If there are any who violated the laws then inquiries should be held and punitive actions taken against them.”
- Monday, 07 March 2016
The visit by Foreign Minister Mangala Samaraweera to the United States last month, and his assurance that the Sri Lankan government is contemplating international participation in the post-war acccountability process is an indicator of the pressure that the government is being subjected to on this issue. Neither the improvement in relations between Sri Lanka and the Western-led international community, nor the improvement in the human rights situation on the ground, is getting the international community to relent on the issue of international participation. However, there appears to be a willingness to give the government more time. The UN Human Rights Council resolution, which was co-sponsored by the Sri Lankan government last October, had highlighted “the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defense lawyers and authorised prosecutors and investigators.”
On the one hand, there are technical and credibility-centred reasons for having international participation in an accountability process that concerns the war. The first is that crimes associated with war are not part of Sri Lanka’s present legal framework. War crimes are a well developed part of international law but not of Sri Lankan law. Therefore the Sri Lankan legal community has little or no experience of dealing with the laws relevant to war, such as principle of proportionality and command responsibility in military action. This gives rise to a need for international legal expertise to be brought in, at least for an initial period of time. On the other hand, the credibility centred reason for international participation stems from the lack of confidence of the Tamil polity in the Sri Lankan judiciary at the present time.