HYBRID MECHANISM NOT A FIRST OPTION WITH NEW GOVERNMENT--Jehan Perera
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- Monday, 21 September 2015
The long anticipated UN investigation report into alleged war crimes committed during the last phase of Sri Lanka’s war was released last week by the Office of the UN High Commissioner for Human Rights. The investigation team has made strong indictments against both the government and LTTE forces for war crimes. The most contentious aspect of the report is likely to be its recommendation that the government should “adopt a specific legislation establishing an ad hoc hybrid special court, integrating international judges, prosecutors, lawyers and investigators, mandated to try war crimes and crimes against humanity, with its own independent investigative and prosecuting organ.”
The Sri Lankan government is reported to have requested the UN and members of the UN Human Rights Council to allow it to carry out a domestic judicial probe rather without setting up a hybrid court with international personnel. Public opinion in Sri Lanka amongst the Sinhalese majority is decidedly against any international investigation into the past. The UN investigation is seen as instigated by those who wish to reverse the outcome of Sri Lanka’s three decade old civil war that came to an end with the defeat of the Tamil rebellion by government forces. Last year, the United States which sponsored the resolution that established the investigation called for an international investigation. The draft resolution that is now being circulated amongst the member countries of the UN Human Rights Council refers to the need “to involve international investigators, prosecutors and judges in Sri Lanka’s justice processes.”
The release of the UN Report on alleged war crimes and human rights violations in Sri Lanka’s war is an important step in the country’s transition to reconciliation as it requires the government and people to give their attention to the unhealed wounds of the past that continue to fester in the body politic. It is to be noted that even prior to its release, the government had developed a complex and well thought out mechanism to be led by Sri Lankans. Last week the government announced a mechanism to deal with the past that will be based on a four tier system which will include a Commission for Truth, Justice, Reconciliation, an Office of Missing Persons, a judicial mechanism with special counsel to be set up by statute and an Office of Reparations.
GOVERNMENT’S CREDIBILITY SUFFERS DESPITE ONGOING TRANSITION TO BETTER GOVERNANCE--Jehan Perera
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- Monday, 14 September 2015
The virtual non-existence of an environment of threat, especially pertinent to ethnic and religious minorities, and the non-stifling of dissent by opposition and civil society groups is continuing, much to the credit of the new government. However, the dawning of a society in which good governance alone will prevail continues to remain in question. Soon after the general election came the first blow to the new government’s credibility with the appointment of defeated candidates on the national list. This was followed by the appointment of a jumbo sized cabinet. The latest appointment to ministerial positions of politicians of dubious repute has dealt yet another blow to the government’s credibility.
Amongst the new ministers appointed to further swell the ministerial ranks of the government are those accused of having engaged in the trade of narcotics, using ethanol for alcoholic beverages and providing false evidence regarding the life of missing persons. These appointments would be particularly difficult to justify, especially to a government leadership that contested the general elections, and the presidential election before it, on a platform that was predominantly based on establishing good governance in the country. The credibility gap is made worse by the absence of serious efforts by the government leaders to justify their choices or even explain the constraints that induced them to take such a course of action.
COMPROMISES TO STABILISE GOOD GOVERNANCE --Jehan Perera
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- Monday, 07 September 2015
Following the initial relief amongst those who wanted to see the change of government that took place in January sustained, the aftermath of last month’s general election is not generating the euphoria that accompanied that of the presidential election earlier in the year. The presidential election saw an immediate change of government, in terms of both personalities and policies. President Mahinda Rajapaksa who had undermined systems of government to impose his will on the polity was removed from power. There was a palpable lifting of the sense of threat from an oppressive government which was getting increasingly lawless and acting with impunity. The new government team began to swiftly implement the 100 Day Action Plan that they had promised during the presidential election campaign.
However, three weeks after the general election the new government has still to be finalized with nearly half of the ministerial slots still remaining to be filled. Almost all of the cabinet positions were filled last week, but all of the other ministerial positions remain undisclosed and unfilled. In the background of the delay in the appointment of ministers is the decision of President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to form a national government through an alliance of the two largest political parties in Parliament. The slim majority that Prime Minister Wickremesinghe’s alliance obtained made it politically pragmatic for the two main parties to work together in Parliament rather than separately.
If the UNP and SLFP had not agreed to enter into an agreement to work together in a national government there would have been a danger of political instability due to the prospect of cross overs from one side of parliament to the other. This danger was magnified due to the proven ability of former president Mahinda Rajapaksa to engineer defections in the past. He first showed this ability after becoming president in 2005. At the previous parliamentary election held in2004, the UPFA alliance won only 105 of the 225 seats, allowing it to form a minority government. Upon winning the presidential election in 2005, President Rajapaksa engineered defections from the opposition and increased the number of government MPs to 129, almost all of whom were rewarded with ministerial posts.
06.09.15 Media Release
- Details
- Monday, 07 September 2015
PRIORITY ISSUES FOR NEW GOVERNMENT
The victory of the coalition of parties led by Prime Minister Ranil Wickremesinghe at the General Elections on August 17 will ensure that the changes brought about at the presidential election can be sustained. The majority of Sri Lankan voters reaffirmed the choice they had made in January when they voted in President Maithripala Sirisena and rejected the call of narrow ethnic-based nationalism. The National Peace Council welcomes the formation of the National Unity Government with the UNP and SLFP which have been traditional rivals, joining together in it to share governmental responsibilities including the allocation of ministries. Political bipartisanship was demonstrated in the unanimous vote of Parliament to appoint the Speaker Karu Jayasuriya.
We also welcome the decision of Parliament to give the TNA an important role in governance by appointing its leader R Sampanthan as the Leader of the Opposition and the Chief Opposition Whip’s position going to Anura Kumara Dissanayake of the JVP. As a party that primarily represents the interests of the Tamil people in the North and East of the country, the TNA has hitherto been focusing its attention on issues of particular relevance to the Tamil people. These include a political solution to the ethnic conflict as well as issues of post-war recovery and accountability. Now with the leadership of the opposition in Parliament being formally granted to it, the TNA is provided with an opportunity, and a duty, to conduct parliamentary affairs in the national interests. As the leader of the opposition, the TNA leader is vested with a larger mandate that includes the interests of the people of all communities.
