Domestic mechanism to investigate war crimes:

TNA on wait-and-see mode

by P. Krishnaswamy

Although the TNA Leader, R.Sampanthan, who is also the Opposition Leader, had welcomed the UNHRC Resolution calling for the setting up of a hybrid court in the country to investigate alleged war crimes, leaders of TNA constituents had, from inception, been expressing reservations on the local mechanism and insisting on an international mechanism. However, the Resolution adopted with the consensus of its member nations had also asserted that such a local judicial mechanism should be set up with the participation of the Commonwealth and other foreign judges, defence lawyers , authorised prosecutors and investigators. The Sunday Observer spoke to the constituent parties of the TNA, which largely represents the people of the North and the East, whether they would support a domestic process and what they considered as the major setback of such a process.

R.Sampanthan

Leaders of the People's Liberation Organisation of Tamil Eelam (PLOTE), the Eelam People's Revolutionary Liberation Front (EPRLF) and the Ilankai Thamil Asrasu Kadchy (ITAK) expressed their views while none of the leaders of the fourth constituent - the Tamil Eelam Liberation Organisation (TELO) - were available for comment. The Chairman of the NA-controlled Northern Provincial Council (NPC) said since the member countries have given their consensus to the local mechanism, they would have to support and cooperate with the process. But they will do so only after observing the steps that the government would take to ensure credible inquiries and 100 percent safety of the witnesses.

Excerpts :

Leader of PLOTE, Tharmalingam Sitharthan MP

We wanted an International Court to investigate crimes against humanity and human rights violations, considering our past experience relating to all domestic inquiries and investigations and also because the Sri Lankan legal system is not broad enough to hold inquiries on such international issues. But this was not forthcoming under the Geneva Resolution of the UNHCR. We decided to support the local mechanism taking into account the fact that the Resolution was adopted with the consensus of the 47 member nations. But our support would be conditional. The government should ensure 100 percent safety of the witnesses and also ensure unbiased inquiries conforming to international standards. We will observe the progress before taking a final decision on supporting the process. We do not want it be a means of taking revenge but rather to bring out the truth and ensure that it is never repeated. More importantly, it should pave the way for a just solution to the Tamil problem. This is our party's overall position.

President Maithripala Sirisena was elected with the undivided support of the minorities which paved the way for the victory of the UNF Government consequently. A fear psychosis prevails among people in the North due to the presence of the armed forces. Therefore, the government should take tangible steps to ensure the protection of the witnesses. The outcome of the investigations should tread the path towards a just solution to the Tamil problem.

Leader of the EPRLF, Suresh Premachandran

The Tamils wanted an international mechanism and international inquiries on war crimes. But the UNHRC has called for a local mechanism to conduct the investigations. Their Resolution was subsequently supported by a US Resolution. As far as we are concerned, we want to wait and observe the progress as to how the government would arrange international participation in the process. I do not think that the witnesses in the Northern Province will come forward to give evidence for fear of their lives because a 150,000-strong army is deployed there. The government should ensure their safety. Over 3000 witnesses overseas gave evidence before the UNHRC and they included members of the diaspora organisations. They will not be able to come to Sri Lanka to give evidence unless the government makes suitable arrangements and provides them protection. Demilitarisation of the Northern Province is a prerequisite. Proper investigations and inquiries can be conducted only if these primary requirements are fulfilled. Before talking about the legal aspects of the proposed investigations, we have to talk about the political aspect, which is the presence of the army. We will encourage the witnesses to give evidence if these problems are properly addressed. The government should also allow the UNHCR to open offices in Kilinochchi, Mullaitivu and Muttur so that the witnesses will have some assurance about their protection. We met members of delegations from Latin American countries and African countries and shared our views in Geneva.

Former TNA MP for Batticaloa and politbureau member of the ITAK, P.Ariyanethran

We do not have confidence in the local mechanism even though international participation has been asserted in the UNHRC Resolution. Our fears are mainly about the protection of the witnesses. Even now the intelligence unit of the army is closely observing the activities of the Northern people. Under the previous regime it was done directly but now it is being done indirectly. Hence giving evidence will be risky. Already there are differences of opinion among the political parties in Parliament and political groups outside Parliament on the 'hybrid mechanism'. Such an investigation is also against the Constitution. So we will have to wait and see what measures the government would take to conduct a proper investigation.

Chairman of the NPC C.V.K Sivagnanam

It is quite pre-mature to say whether or not the NPC would support it and encourage the affected people to give evidence. A hybrid local mechanism can be interpreted in may ways. We will have to wait to observe the progress to ensure whether the government is treading the right path towards credible inquiries and measures to protect the witnesses.