African expertise for a truth commission?

By Manjula Fernando

Soon after the meeting between Sri Lankan officials and their South African counterparts, the Foreign Ministry issued a statement that did not divulge any details of having discussions on the lines of a truth seeking mechanism for which Sri Lanka will be asking south Africa's expertise.

As the news broke out a week ago of the arrival of the South African delegation, speculation was rife that the visit was part of the consultations between the two countries on Sri Lanka's version of a Truth and Reconciliation Commission.

Instead the Foreign Ministry said the 5th round of the Sri Lanka - South Africa Partnership Forum was held successfully where a broad spectrum of areas of mutual interest and bi-lateral relations were discussed .

"Both sides identified Agro processing, steel and copper related products, aqua culture, apparel and textiles, IT and IT enabled services and software development, ship repair and ship and boat building industry, manufacture of automobile and spare parts as priority sectors for potential economic cooperation between the two countries," the release read.

The Forum reviewed bilateral relations ranging from trade, investment, tourism and agriculture to cooperation between police and defence services as well as wildlife and Zoological Gardens.

The official release did not touch on any deliberations towards sharing of expertise on a truth seeking mechanism, something the media had been eagerly anticipating.

The South African delegation was led by Deputy Minister of International Relations and Cooperation of South Africa Nomaindia Mfeketo. Following the meeting she held bilateral discussions with Acting Minister of Foreing Affairs Ajith P. Perera at the Foreign Ministry. Foreing Minister Mangala Samaraweera was in China ahead of a state visit by President Maithripala Sirisena later this month.

Foreign Secretary Chitranganee Wagiswara, and Deputy Director General of the Department of International Relations and Cooperation, Ambassador Dr. Anil Sooklal co-chaired the Sri Lanka - South Africa Partnership Forum at the Ministry. It was part of an on going process where Sri Lanka and South Africa had continued every other year in Colombo and Pretoria alternatively for sometime.

The 4th Partnership Round table was held in Pretoria in 2013 and the next forum was scheduled for 2017 in South Africa.

The visiting delegation however, held several scheduled meetings with key stake holders of the reconciliation process in Sri Lanka.

Minister Rauff Hakeem who took part in the Truth commission deliberations during the previous government, in his capacity as the then Justice Minister was among them.

In this backdrop and with Foreign Minister Mangala Samaraweera declaring "discussions will commence during the end of this month with officials from South Africa to institute a truth-seeking mechanism suitable for our circumstances, which will function in parallel to the accountability mechanism, the Sunday Observer approached Advisor INFORM Human Rights Documentation Centre Ruki Fernando for a comment on the on going process and the expectations of the civil society groups.

Minister Samaraweera described in a lengthy speech delivered at Carnegie Endowment for International Peace in Washington during his recent visit, unlike the South African version, this mechanism will not be for the purpose of amnesty but to facilitate the healing and reconciliation process of the victims.

The leading Civil Society activist Fernando said there has not been any consultations so far with any member of the civil society on the matter.

"I have not been consulted. I don't know of any civil society activist who has been consulted, and I have not heard of any consultations."

However he said it is very early to expect the Government to begin consultations. Given that a lot of consultations have taken place on other matters prior to initiating redress mechanisms by the new Government, he expressed hope that aspect will not be overlooked in this particularly sensitive issue.

"We need to include the victims and their families in the process, not only civil society groups, lawyers, academics or trade unions. That is key in designing the process," he emphasised.

Fernando who was a leading advocate in Geneva for the war crimes probe said they would expect the government not to waste time repeating the work that has already been done, in Sri Lanka and outside. He said any truth seeking mechanism should draw on the LLRC report, the Udalagama commission, the Commission of inquiry that is looking into the 16 aid workers killed in Muttur in 2007 and the on going inquiry into the missing persons led by Justice Paranagama.

"I think we should certainly not traumatize the victims and their families by asking to repeat their harrowing experiences. And we should not waste resources of the state. "

He also highlighted the need to draw on work by international panels, for example the investigation report due to be presented in September and the UN panel of experts report which has already been published.

"Much of those findings and recommendations are based on the testimony and contributions of Sri Lankans. It's not a foreign thing.

The foreigners may have been facilitating it but the substance is from Sri Lankans who experienced war first hand. He classified this as a key expectation on a activists' point of view.

"Secondly I think the process should not be to white wash what has happened but to bring it out in the open,".

He said some of it will be very difficult to accept, because some of those in the present government too may be found to be responsible for the serious crimes.

I think that has to be confronted and that needs courage. The objective should be to seek truth, the truth must come out and it should be acknowledged formally.

"There is no point if the activists and the victims develop a perception that the whole exercise is to white-wash what has happened. "Then of course we cannot just talk about amnesty only."

He said the situation has to be examined. "I recognize, we would not be able to prosecute thousands or tens of thousands responsible whether they are from LTTE or the military or politicians."

A future mechanism needs to identify those most responsible, such as those at the top of the political and military establishments. They must be held responsible, if prosecutions are happening they must be the ones who are dealt with the prosecutions. The others can be dealt through a truth commission.

Two mechanisms must run parallel, One must be where prosecutions can be initiated, leading up to convictions, that is more of a judicial process, the other can be more listening and recognizing what has happened.

Lastly, he said, in the present context it is impossible to have a domestic process that wins confidence.

Therefore he said a domestic process can be initiated with a very strong international involvement. "The international involvement should go beyond advising and monitoring. It must allow international persons to take part actively, in the process as well as designing the process."

Asked if this process will get the consent of hardliners like JVP's and JHU's, he said one must not assume things. Certain hardliners including the JVP and JHU has shifted their positions, in terms of the ethnic conflict and Tamil issue.

At the moment they do not support an international process but I think we must not take it for granted that no one will shift their positions.

I think we should debate and dialogue with people who may disagree. Even the Tamils may disagree with having a domestic process. It has to have a mandate from the people and petty electoral gains must be left aside.

Civil society recognizes the importance of truth seeking, we agree with the importance of prosecutions and that certain acts cannot be granted amnesty.

But I think there is no agreement as such on the level of domestic and international involvement. Some say it should be an all international mechanism while others support a mix system.

With so many disagreements on this issue, if it will see the light of day depends on the government not civil society groups.

I think we should give the government time, because we don't want this to be rushed before 100 days or before the UN report in September. We want it to have a wide spectrum consultation, that has yet to happen but I hope that will happen.

Former Minister Rohitha Bogollagama who was the Foreign Minister during the decisive final stages of the conflict said the foremost requirement in a reconciliation mechanism is to see how best it would serve our interests. "That should be the responsibility of the government."

It is no doubt we countered terrorism and the fact LTTE was the most fearsome terrorist organization in the whole world is an established fact.

He said countering terrorism along with the type of issues that have emanated in countering terrorism, are major issues to be addressed and looked at by any government in office. Its not the mere responsibility of a government that was there in office at the time.

Emphasising that blaming and shaming is not the way out, he said addressing the consequences of the 30 year war involved unraveling of two key issues - healing of wounds inflicted due to the efforts that were leashed out to counter terrorism and deal with those who aided and abetted terrorism in Sri Lanka. This group are very much alive and active.

Terrorism was a menace, perpetrated by the LTTE, it is an issue all predecessors in office to the government of Sri Lanka were made to counter. The former Minister said that this must be understood well in putting together any mechanism of reconciliation.

"There are two sides to the coin. One is the element of countering terrorism and the other side of the coin is the atrocities committed by the terrorists and the ones who aided and abetted." He said these two sides needs equal attention in a truth seeking mechanism in Sri Lanka since terrorism is a factor no one in the whole world will recognize as a just means to get one's aspirations fulfilled.

"Anyone who supports a terrorist agenda, should equally be dealt with. Without those financial and propaganda support, Prabhakaran would not have committed those atrocities in Sri Lanka."

Former Foreign Minister said the reconciliation process in South Africa was all about the truth commission. The issue was minority supremacy over majority suppression. On our part it was an issue between a terrorist movement and those who were responsible in counter- terrorism.

"If we are to compare notes with South Africa I think very little can be compared except for one element 'forgiveness'." That is a universal principle associated with all religions. But I think accountability and amnesty cannot be combined.

He cautioned the ground realities associated with future threats on Sri Lankan soil must be counted in, in formulating ' solutions', adding that there is no place where you can pick ready-made solutions from. Describing political leadership and maturity from all sides of the divide as vital to address the issues, Bogollagama stressed, the LTTE should be placed on one side of the divide and never be treated as equal.

The former Minister pointed out that nothing should be left out, including crimes ranging from direct killings, extortions, money laundering drug trafficking, arms smuggling, mercenary services, political assassinations as well as Rajiv Gandhi killing.

"Enough and more lives were lost and futures were sacrificed and generations to come have to pay a price still, for lack of their bread winners. The future may carry untold suffering for them."

He reiterated that perpetrators of this heinous crime and those who abetted them should not be left out of the system for accountability since that will leave the majority community of Sri Lanka in perpetual distress and disappointment. "And trustees of a given period of governance, will become once again accountable for the solutions they wish to introduce."

Thereby I think, an indigenous system must be evolved, a very articulate consultancy process must be evolved, to have a perpetual solution to the issue.