National Action Plan on LLRC Recommendations :

Roadmap to reconciliation

The National Action plan with a specific time frame to implement the LLRC recommendations was approved by the Cabinet last week. Presidential Secretary Lalith Weeratunga attending a joint press briefing at the External Affairs Ministry together with Prof. G. L. Peiris on Thursday said a Task Force was also appointed by the Cabinet to oversee, facilitate and implement the recommendations.

It is headed by Presidential Secretary Lalith Weeratunga as the top civil servant in the country and comprises representatives from all stakeholder ministries and State institutions. The Plan lists out implementation of recommendations according to Activity, Key Responsible Agency, Key Performance Indicator and a set time frame.

The Action plan has rearranged the 285 LLRC recommendations and their sub recommendations under five themes; International Humanitarian Law, Human Rights, Land Return and Resettlement,Restitution/Compensatory Relief and Reconciliation.

Some of the recommendations were already in the implementation stage, while others will begin before the end of this year. Some others requiring larger allocations of funding will be implemented in 2013 with special allocations from the upcoming Budget.

The action plan has set a time frame of 12 months to complete the ongoing disciplinary process of the military to ascertaincircumstances of death and injury to civilians in the final battles with LTTE terrorists.

LLRC Commissioners at a session

Demining in progress

Follow up action, where relevant and to prosecute those responsible, has been allocated 24 months with a further 24 months to file cases in the Courts.

The key responsible agencies cited are the Defence and Justice Ministries and the Attorney General’s Department. These institutions have also been entrusted to cover fullinvestigations into allegations of disappearances after surrender or arrest, leading to prosecution and punishment of wrongdoers.A professional survey covering affected families to ascertain at first hand the scale and circumstances of deathand injury to civilians, as well as damage to property during theperiod of the conflict, recommended by the LLRC is already under way by the Census and Statistics Department. It is overseen by the Presidential Secretariat. The Defence Ministry and the Presidential Secretariat will re-assess the Army inquiry to examine the authenticity of allegations on Channel 4 within six months.

With regard to the recommendation 9.48 of the LLRC calling forimmediate steps to investigate abductions, involuntary disappearances and arbitrary detention allegations and to bring perpetrators to justice by direct law enforcing authorities.The Ministry of Defence, Police Department, Legal Aid Commission, CBOs and Ministry of Justice have been entrusted with work to identify impediments as well as to build capacity within the Police Department for an effective surveillance mechanism and to establish community policing among other tasks. This work has been given a time frame of two and a half years.

Within the first six months the institutions have been directed to identify the impediments and take remedial action.

The recommendation 9.51 of the LLRC, that calls upon to appoint a Special Commissioner of Investigation to investigate alleged disappearances and provide material to the Attorney General to initiate criminal proceedings as appropriate, the action plan directs to invoke present procedures as available in the Code of Criminal Procedure and sensitize the public of the available mechanisms within a time period of three months. The key responsible institutions are the Police and the Attorney General's Department, Ministry of Justice and ICTA.

In response to the recommendation to devise a centralized system at national level to collect data on missing persons, the action plan has proposed an integrated data base of missing persons compiled by the Department of Census and Statistics in collaboration with the Ministry of Defence within a time frame of six months.

With regard to the implementation of the 'Registration of Deaths Act' at administrative level, it is informed that the recommendation has already begun implementation while there will be progress reviews. It will be given wide publicity targeting people in conflict-affected areas, via the Government's 1919 hot-line. To the call for an independent Advisory committee to monitor and examine the arrest and detention of persons under Public Security Ordinance or the PTA, the earlier recommendations given under the IHL issues will be applied. For persons held for long periods without charges, the LLRC proposed a special mechanism to examine their cases on a case by case basis, the action plan has proposed to identify established procedures within the existing system to address the issue and a 'dedicated unit' within the AG's Department for 'decision making' with regard to such cases.

The key performance indicator (KPI) of this measure is the 'reduction in the number of such detainees'. The Attorney General's Department has been instructed to complete the work in two years.

LLRC Recommendation 9.59 is to be further examined and if law reform, was required to criminalize enforced or involuntary disappearances, found to be necessary, the draft legislation is to be presented in Parliament within 24 months. The Ministry of Justice, AG's Department and Police Department has been made key responsible agencies.

To create awareness on human rights among the masses, the police and armed forces, activities identified in the National Human Rights Action Plan will be implemented. A module developed by the National Institute of Education will also be included in the secondary school curriculum on inclusion. The agencies responsible will be the NHRC, Education Ministry, Armed Forces and the IGP.

Within six months the Ministry of Defence is to make available easy access to the database of detainees to the next of kin as per the recommendation 9.63 in the LLRC.

Under core recommendations the Action plan proposes to examine and report on the feasibility and practicality of issuing a certificate when a detained person is released to prevent re-arrest of the same person on the same charges unless new evidence surfaces. To look into the laws delays, a program is to be formulated to divert suspects from the criminal process to voluntary rehabilitation and enable indictments to be filed in an additional number of courts to clear the backlog. The Ministry of Justice, the AG's Department and the police department are the key agencies responsible.

The call is to screen detainees and give attention to young, injured, disabled and needing counselling, etc, the remainder of the detainees are to be reviewed by the Commissioner General of Rehabilitation with the aim of compiling a report by three months.

In respect of the recommendation against the illegal armed groups (9.73) the action plan has stated that the Government had eliminated such groups that existed during the conflict but action will be continued to ensure there will not be a re-emergence. An addition crime statistics within the area will be examined to identify critical issues and measures by the MOD and Police Department will be taken to improve law enforcement. With regard to young detainees (9.78, 9.82) the Government has alreadyaddressed this concern fully with many following academic activities and reunification of their families.

The recommendations 9.79, 9.81 is no more applicable since the Government has identified, rehabilitated and re-integrated all child combatants into society.

The recommendation with regard to women, children, elderly and other vulnerable groups affected by the conflict, calling for the setting up of an inter agency Task Force, the Government has addressed the issue under the National Human Rights Action Plan.

Recommendation 9.104 to grant legal ownership of land to resettled IDPs, a circular in this regard is being implemented and awareness will be created to educate them on available land for resettlement.

The Ministry of Lands will be responsible for the implementation of this directive.

In relation to recommendation 9.108 concerning Lankan refugees in India and their return, a policy on repatriation will be formulated jointly by the Ministries of Lands, External Affairs, Resettlement and Defence. Subsequent bi-lateral discussions to discuss the policy and implement decisions will be initiated and completed within 24 months.

On the issue of Muslim IDPs from the North (9.113), Presidential Task Force for the North and the East, will be required to formulate a policy of the Muslim IDPs and issue necessary directions for implementation within nine months.

The recommendation that covers harassment on Media personnel and institutions the action plan has proposed the following in response to, give priority to the investigation, prosecution and disposal in such cases, investigate past incidents of such illegal action, ensure freedom of movement in the North and the East and ensure right to information, the Ministry of Mass Media and Information has been directed to take effective measures to ensure media freedom, strengthen grievance mechanisms including court action and complaints to the National Police Commission in cases of police inaction.

Apart from the Ministry of MMI, the Police Department and the Press Council has been made key responsible Agencies. Action will be initiated to remove impediments to free movement by these agencies while introducing a code of conduct to promote responsible journalism among media personnel.

In view of the right to information, legislation, the Cabinet of Ministers are to be consulted by the Ministry of MMI for a suitable time frame to draft legislation.

To the Recommendation 9.119 that called on removing undue restrictions for visitors from overseas to visit their friends and relatives in recently resettled areas, MOD and the Department of Police and the respective Government Agents have been instructed to identify if there were any such restrictions and take action to remove them within a period of six months.

The Task Force has directed the AG's Department to examine recommendations of past Commissions including the inquiry into the death of five students in Trincomalee in January 2006 and 17 aid workers of the ACF in August 2006 and ensure follow up on recommendations and ensure that there are implemented. (LLRC Recommendation 9.120).

Key highlights from IHL and Human Rights recommendations of LLRC and National Action Plan response

LLRC Recommendation:

*Ascertain more fully the circumstances under which specific instances of death or injury to civilians could have occurred, and if such investigations disclose wrongful conduct, prosecute and punish the wrongdoers. Also launch a full investigation into allegations of disappearances after surrender/arrest and where such investigations produce evidence of any unlawful act on the part of individual members of the Army, prosecute and punish the wrongdoers.

National Action Plan recommendation:

Complete ongoing disciplinary process being conducted in terms of Armed Forces statutes. (Time frame 12 months)

Upon conclusion, take follow up action to prosecute, where relevant. (time frame 24 months)

Use the existing system as provided for in the Criminal Procedure Code to originate a complaint and give such mechanism sufficient publicity. (time frame 24 months)

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*LLRC recommendation:

Conduct a professionally designed household survey covering all affected families in all parts of the island to ascertain firsthand the scale and circumstances of death and injury to civilians, as well as damage to property during the period of the conflict.

National Action Plan: Survey ongoing

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*LLRC:

Initiate an independent investigation into the Channel 4 Video to establish the truth or otherwise of the allegations arising from the video footage.

*National Action Plan:

Assess current processes being pursued to examine the authenticity of the allegations in Channel 4 namely, the inquiry currently conducted by the Army. Based on such results take follow up action as appropriate. (time frame 6 months)

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*LLRC: Direct law enforcement authorities to take immediate steps to ensure that allegations [of abductions, enforced or involuntary disappearances, and arbitrary detention] are properly investigated into, and perpetrators brought to justice.

*National Action Plan: Identify impediments, if any, to the effective enforcement of the law. That the offences are visited with serious sanctions, Strengthen investigation skills of Police, Strengthen access to justice, Enhance the capacity of the Police to put in place a more effective surveillance mechanism of the locality in cooperation with the local community and establish community policing. (total time frame 30 months)

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*LLRC: Appoint a Special Commissioner of Investigation to investigate alleged disappearances and provide material to the Attorney General to initiate criminal proceedings as appropriate. Provide the Office of the Commissioner with experienced investigators to collect and process information.

*National Action Plan: Invoke the present procedures as available in the Code of Criminal Procedures with priority given to such complaints.

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*LLRC: Create a special mechanism to examine cases of persons being held in detention (for long periods without charges] on a case by case basis and recommend a course of action in regard to disposal of each case.

*National Action Plan: Identify and establish procedures in the existing system to address the issue. Complete decision making regarding detainees through a dedicated Unit in the Attorney General’s Dept. mandated to examine detention cases. (time frame 24 months)

*LLRC: Frame domestic legislation to specifically criminalize enforced or involuntary disappearances.

*National Action Plan: Examine the need for legislation and formulate and present law to Parliament, if law reform is found to be necessary with emphasis on the need to impose heavy terms of imprisonment as a deterrent. (time frame 24 months)

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*LLRC: Create a centralized comprehensive database containing a list of detainees, which should be made available to the next of kin with names, place as detention as well as record of transfers.

*National Action Plan: The present database to be enhanced with easy access to information being available to Next of Kin. (time frame six months)

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*LLRC: Conduct proper investigations in respect to allegations against the illegal armed groups. Institute criminal proceedings against offenders.

*National Action Plan: During the time of the conflict, illegal armed groups were known to operate in the theatre of conflict. Steps have been taken to completely eliminate this activity. These measures will be continued to be implemented to ensure that these groups do not re-emerge.

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*LLRC: Investigate any such instances where there is prima facie evidence of conscription of children as combatants and ensure that offenders are brought to justice.

National Action Plan: Investigations completed.

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*LLRC: Take all steps to prevent harassment and attacks on media personnel and institutions. Give priority to the investigation, prosecution and disposal of such cases. Properly investigate past incidents of such illegal action.

*National Action Plan: Take appropriate action to ensure media freedom.

Pursuit of grievance mechanisms - Complaints to Police, FR Applications to SC, Complaints to Press Council (with a wider jurisdiction and enhanced powers), Complete investigations into current cases and promote responsible journalism and consider a code of conduct for journalists. (timeframe 12 months)

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*LLRC: Ensure people, community leaders, and religious leaders have the freedom to organize peaceful events and meetings without restrictions.

National Action Plan: Monitor monthly at GA’s conference, whether there are constraints to enjoying this freedom.

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*LLRC: Implement recommendations of past commissions of inquiry, particularly those relating to further investigation and prosecution of offenders involved in the death of – a) 5 students in Trincomalee in January 2006 and b) 17 aid workers of the ACF in August 2006

*National Action Plan: Examine recommendations of Committees and ensure follow up on recommendations are implemented (time frame: ongoing)

Next week: Focus on Land Return and Resettlement and Compensatory Relief.