National Action Plan: Tangible measures for reconciliation

The Sunday Observer on July 29 and August 5 published the first parts of the Action Plan to implement the recommendations of the LLRC. Continued below are the Actions proposed by the Presidential committee to implement recommendations outlined under the final theme 'Reconciliation'.

With regard to the LLRC recommendations 9.171, 9.227 that refers to phasing out of the involvement of the Security Forces in civilian activities, the action plan directs the Ministry of Defence to formulate a plan within six months to further reduce the military involvement, having noted that already 95% of military involvement has been slashed.

With regard to recommendations 9.195, which says facilitate the early return of the displaced Muslims to their places of origin in the Northern Province and take immediate steps to assist in rebuilding of the mosques, houses and schools destroyed or damaged by the LTTE.

The Action Plan directs the Presidential Task Force for North and the East and the Ministry of Resettlement to formulate and implement a policy to resettle and reintegrate displaced Muslims. The given time frame is 18 months.

The Action Plan also directs Ministry of Defence to remove unnecessary obstacles which is highlighted in LLRC's recommendation no. 5, on the free movement on A9. This is to be implemented within two months.

The Ministry of Public Administration and Home Affairs has been directed to maintain greater coordination among security forces and GA's of conflict affected areas, in order to normalize civilian administration. It has given a time frame of 12 months to clear any hurdles in this regard.

With regard to the estate Tamils, recommendation 9.201 that says 'Ensure post conflict development agenda and programs for reconciliation take account of the essential needs of the Tamils of Indian origin', the Action Plan directs 'assess the impact of existing programs to improve the health, education and housing facilities for the estate sector in order to identify areas that require improvement. It also says to revise existing programs to make interventions more effective. The key responsible Ministries are Health, Education, Plantation Industries and Child Development & Women's Affairs. The Action Plan has also directed the Police Department to disarm persons in possession of unauthoriszed weapons and take legal action against them, in keeping with the LLRC's 9.204 recommendation. Strict enforcement of the provisions of the 'Offensive Weapons Act' and 'The Firearms and Explosives Act' is requested with a time frame of six months given.

In reference to recommendation 9.212 which says 'Set up units of the Attorney General's Department in the Provinces to guide and advise the police regarding criminal investigations, prosecutions and other matters touching upon the criminal justice system', the Action Plan directs the AG's Department to formulate Terms of Reference for such units to implement the recommendation within 12 months and the Police to initiate training for its investigating officers to improve quality of investigations.

Responding to the recommendations 9.214, 9.215 'De-link the Police Department from the institutions dealing with the armed services', it has been noted that the Independent Police Commission has been established. However, it has directed the proposal be referred to the proposed Parliamentary Select Committee for further action.

To 'establish an independent institution with a strong investigative arm to address the grievances of all citizens, in particular the minorities, arising from the abuse of power by public officials and other individuals involved in the governance of the country (9.218, 9.219) it has been directed that the provisions of the existing institutions be reviewed to strengthen citizens' rights and Introduce measures/mechanisms/amendment to laws to strengthen citizens' grievance mechanisms. A report in this regard is required to be submitted to the Cabinet by major stakeholders in six months. The key responsible agencies are the Presidential Secretariat, AG's Department and Ministries of Defence and Justice.

With respect to recommendation 9.224 that refers to enhance work ethic of public service, Office of the Senior Minister for HR Development has been asked to formulate a Human Resources Plan of Action under a Human Resources National Policy and begin implementation within three months. Recommendation 9.226 that deals with setting up an independent Public Services Commission, it has been noted that a PSC has already been established by the Government.

Recommendations 9.228, 9.236, 9.237 which say 'Establish a Constitutional provision for judicial review of legislation' and 'take on initiative to have a serious and structured dialogue with all political parties, and those representing minorities in particular, to develop consensus on devolution' have been referred to the Parliamentary Select Committee. To cover the recommendations 9.245, 'Make necessary budgetary provisions available on a priority basis for teacher training and staffing for a trilingual nation by 2020, as well as 9.246, 247, 249 - making it mandatory on all Government offices including Police stations to have Tamil-speaking officers at all times and that no district or province should be categorized in terms of language, and recommendation 9.248 'Ensure that the Language Commission is an authority with effective powers' and 9.250 which calls on implementing interim recommendations on language the Action Plan has recommended following steps: Formulate an Action Plan to ensure effective implementation of the Language policy, examine the role of the Official Languages Commission and identify areas that need strengthening, implement recommendations of the "Presidential Task Force on a Trilingual Society by 2020." and design a monitoring and evaluation plan. The key responsible agencies are the Ministry of National Languages and Social Integration and the Presidential Task Force on Trilingual Society.

Concerning recommendation 9.251 which calls on appointing a committee of education experts to review the quota system with a view to introduce a merit based admission system (university), the Action Plan directs the UGC and Ministry of Higher Education to examine the current admission policy with a view to recommending any changes that would improve the criteria for admissions within 12 months.

With regard to recommendation 9.253 and 9.254 the Action Plan has set out 24 months to the Education Ministry to finalize formulating a policy to encourage ethnically mixed schools as well as programs to promote inter community interactions.

The two LLRC recommendations outlined the need to 'develop a proactive policy to encourage mixed schools of children from different ethnic and religious backgrounds as well as student exchange programmes'.

Recommendation 9.257 that relates to having a choice of courses conducted in all three languages within public universities, the committee that prepared the Action Plan having observed the present university system has an ethnically mixed student population and caters to this requirement in an appropriate manner, directs a review of the present system by an expert group to make further recommendations to improve the trilingual policy. The key agencies responsible are the UGC and the Higher Education Ministry.

To harness the untapped potential of the expatriate community, and to respond to the concerns of the so-called 'hostile diaspora groups' so as to engage them constructively in the reconciliation process, as suggested by the LLRC's 9.261 and 9.263 recommendations the Action Plan directs the External Affairs Ministry to formulate programs in this respect via Sri Lankan overseas missions. The time frame given is 3 months.

The LLRC recommendation proposed a Multi-Disciplinary Task Force that includes representatives from the Presidential Secretariat, External Affairs, Defence, Foreign Employment, the Private Sector, and Academia, to propose this program of action.

In relation to the recommendation 9.270 where it has been proposed, 'The establishment of a mechanism, in consultation with inter-faith groups, to serves as an early warning and early diffusing system that communal/religious tension/friction does not lead to conflict, the Police Department as the key responsible agency has been directed to 'continue implementation of the Civil Defence Committee program of the Police and Community Policing program. And implement capacity building for the Police officers in the CDC's. The time frame given is six months.

In view of LLRC's recommendation 9.277 'Maintain and support current practice of the National Anthem being sung simultaneously in two languages.' the Action Plan has directed that the implementation of this recommendation vis a vis the current Constitutional provisions to be examined, at the PSC and to implement the PSC recommendations in this regard within 12 months. To address the recommendation 9.283 'Enact and strictly enforce deterrent laws to deal with 'hate speech' relating to ethnicity, religion, and literature', Justice Ministry has been directed to examine the adequacy of penal legislation to deal with hate speech and Introduce law reform if necessary. The draft legislation is required to be presented in Parliament within 12 months. The Action Plan has directed the continuation of the present practice of expressing solidarity as one nation and one people, and of pledging a collective commitment to non-violence and peace so as to ensure a non-recurrence of the past events that led to the internecine conflict. This is in respect of the recommendation 9.285 'Set aside a separate event on National Day to express solidarity and empathy with all victims of the tragic conflict... The key responsible Agencies are Presidential Secretariat, Ministry of National Languages and Social Integration, Ministry of Public Administration & Home Affairs.

Compiled by Manjula Fernando