No culture of impunity in Sri Lanka – G. L. Peiris

It is important to have an objective approach and extend equal treatment to all countries when fulfilling the assigned mandate, observed External Affairs Minister, Prof. G.L. Peiris, when he met visiting UN High Commissioner for Human Rights Navanethem Pillay at the Ministry of External Affairs last week.

High Commissioner Pillay was on a week-long visit to Sri Lanka on an invitation extended by the Government of Sri Lanka in April 2011. The invitation to the High Commissioner for Human Rights is a part of Sri Lanka’s consistent engagement with the United Nations system, including its human rights mechanism.

Minister Peiris reiterated to High Commissioner Pillay Sri Lanka’s firm resolve to work with the United Nations system. However he said that there is a perception in the country about the lack of objectivity and fairness in the treatment meted out to Sri Lanka. The Minister added that Sri Lanka accepts constructive and justified criticism but resents vicious and baseless positions which are incessantly repeated.

External Affairs Minister, Prof. G.L. Peiris welcoming UN High Commissioner for Human Rights Navanethem Pillay, provided an update on matters relating to post-conflict development. On the aspect of accountability, the Minister highlighted the action taken by the law enforcement authorities and cited the instances of some members of the Special Task Force having been indicted in relation to the killing of five students in Trincomalee and status of investigations with regard to the Muttur incident involving the ACF workers.

Conditions

He further explained the difficulties encountered in identifying the perpetrators due to the conditions prevailing at the time of incidence, with regard to the ACF case. The Minister informed however that mobile phone evidence is being pursued in this regard, and therefore the case remains open. He drew a parallel with the case of the assassination of the former Foreign Minister late Lakshman Kadirgamar, where conviction has not been possible due to the lack of evidence.

He pointed out that there is no culture of impunity in the country. In instances where evidence is available action to conduct legal proceedings have been instituted irrespective of the status of those accused, which include politicians, public officials and officers of the law enforcement agencies.

Addressing allegations of disappearances, Prof Peiris explained that the Ministry of Justice has formulated a draft amendment to the Penal Code to criminalize enforced disappearances, also formulated amendments to the Criminal Procedure Code and the Human Rights Commission of Sri Lanka Act to give effect to recommendations in the National Human Rights Action Plan.

The Minister highlighted that no fewer than 3,000 members of the armed forces have gone missing. He outlined the difficulties in identifying the missing due to instances involving persons having migrated to other countries holding multiple identities, and those host governments not divulging their details.

This fact aggravates the difficulty in compiling correct statistics. It was indicated that the repeated use of baseless and arbitrary figures in respect of disappearances, eventually acquire authenticity in the face of the massive propaganda that is being carried out against the Government of Sri Lanka.

Referring to the process of reconciliation, Prof. Peiris opined that the magnitude of the challenges Sri Lanka faces and the brief period of time since the end of the conflict must be given due consideration. While the economic dimension, such as developing infrastructure and livelihoods remain important, other issues are also being addressed by the Government, he said.

The Minister stressed the importance of the economic contentment of the people in order for the reconciliation process to be viable and sustainable.

In order for other related aspects to be addressed enormous amount of resources are being channelled to the North, showcases the resolve of the Government, which has resulted in a 27 percent growth rate in that region, as against corresponding national figure of seven percent. In this context the Minister informed that there are 225 bank branches and 76 finance and leasing companies that have been established in the Northern Province since 2009.

Regarding the implementation of the trilingual policy, which is a part of the reconciliation process, Minister Peiris highlighted the 10 year National Plan for a Trilingual Sri Lanka that was launched in 2012. Having as its goal the transformation of the society where the people will relate to one another in each other's languages, while accessing knowledge and technology from the outside world in English, he indicated that this would be a cultural cross pollination.

Compartmentalisation

He acknowledged this as a necessary step towards reducing compartmentalisation among people of the different ethnicities. He informed the High Commissioner that 1,400 Tamil speaking Police Officers have been recruited of whom 95 are women, and referred to the revival of schools, hospitals and rapid return to civil administration. Minister Peiris regretted that the Tamil National Alliance (TNA) continues to conduct its activities from abroad rather than participating in local processes including the refusal to join the Parliamentary Select Committee where they can derive more benefit for the people in their own constituencies. He also pointed out that the aims of the diaspora are at variance to the needs of those in Sri Lanka.

Regarding de-militarisation, it was underlined that since the end of the conflict, all High Security Zones have been dismantled with the troops being re-located to military cantonments and bases.

Further, he said that while rationalisation of this presence would be considered in line with the national security interests of Sri Lanka, efforts are also under way to explore possibilities to relocate troops to other identified Government lands. He explained that there is only one High Security Zone in Palaly which is essential for the security of the air field and the KKS Harbour.

Regarding the attitude and the judgment of the general public in the areas of military presence, the Minister drew the attention of the UN High Commissioner to a report compiled by the Sri Lanka Office of the UN High Commissioner for Refugees, according to which, ninety five percent of the people who had been interviewed had expressed their satisfaction for the salutary role of the military and acknowledged the need for their presence in the vicinity due to safety reasons.

Minister Peiris outlined the difficulties associated with land issues, as the LTTE dispossessed private land for distribution to so called Mahaveer families, by destroying title deeds, and now the Government is faced with the identification of rightful owners in view of the competing claims.

The Land Commissioner General has initiated a new programme to resolve land disputes of the people, he said, which is envisaged to be resolved within two years. On implementation of the LLRC Recommendations, the Minister pointed out that in July 2013, the Cabinet of Ministers approved the inclusion of an additional 53 recommendations of the LLRC in the National Plan of Action. These new recommendations include international humanitarian law issues, human rights, treatment of detainees, vulnerable groups, disabled persons, internally displaced persons, concerns relating to the Muslim community in the North and East, return and resettlement, restitution/compensatory relief, reconciliation and language policy.

With regard to High Commissioner Pillay’s reference to the last days of the armed conflict, Prof. Peiris stated that the Sri Lanka military was involved in the largest hostage rescue operation in contemporary history.

It is factually known that the LTTE ruthlessly annihilated people trying to escape from their clutches. While noting that Ms. Pillay too had called on Sri Lanka to end military operations, the Minister stated that if Sri Lanka had acceded to that call the present ground realities would have been different as a responsible government steps had to be undertaken to safeguard the Sri Lankan people not heeding to calls of some external elements.

The Minister also referred to the High Commissioner’s concern over the inclusion of the police under the newly created Ministry of Law and Order, instead of the Ministry of Justice. He indicated that her stated position is fundamentally unacceptable and does not move in accordance with the established procedures of Sri Lanka.

The Minister pointed out that the Police Department has consistently been under the Ministry of Defence and only briefly, 2002-2004, under an Interior Ministry. It has to be noted

that most countries too have Police under Ministries other than Justice, and further, he indicated that the creation of the new Ministry of Law and Order under which the Police Department is now placed is in line with a LLRC recommendation.

Regarding comments made by the High Commissioner on the PTA, the Minister stated that some of the countries that criticise, have provisions in their domestic legislation far beyond those of the Sri Lankan PTA. Given the situation that prevailed in the country for three decades, the revised PTA in Sri Lanka is used only as a precautionary measure and not abused.

Concern

High Commissioner Pillay’s concern on religious minorities the Minister said that at Grandpass all communities came together to resolve the issues, while forces with vested interests are only interested in exacerbating any situation. - Courtesy: Asian Tribune

The Minister also explained that the Government is bringing about legislation to criminalize hate speech. Further, with regard to the incident in Rathupaswala investigations are under way and will bring to book those who are found to have transgressed the law.

The Minister stressed that many allegations made against Sri Lanka were without basis and in this context, referred to the allegation that the Government of Sri Lanka starved its own people in the North, during the conflict. He elaborated that persons familiar with Sri Lanka, which included the members of the diplomatic community and UN Officials were well aware of the actions taken by the Coordinating Committee for Humanitarian Assistance (CCHA) and that the food sent to the North was more than sufficient.

The Minister regretted the legitimisation of the Panel of Experts report and the Petrie report by including them in the recent report by the High Commissioner submitted to the Human Rights Council. Prof. Peiris opined that the Panel of Experts report, which was only an internal document borne out not as an inter-governmental process is exclusively for the UN

Secretary General, is incurably flawed. Moreover, he said the Petrie report is dishonest because it has a number of redaction.

He also emphasised the fact that many countries have been taken aback by the disproportionate focus on Sri Lanka. “There has been prejudgment and we are disappointed,” the Minister said. The Minister also stated that in keeping with the position of the Sri Lankan Government, the visits of UN Special Procedure mandate holders will be scheduled following her visit and in this context, invitations have already been extended to the Special Rapporteurs on the human rights of IDPs and on the right to education for country visits in December 2013 and January 2014, respectively. In conclusion, the Minister, while recalling the already established framework for cooperation between Sri Lanka and the UN, conveyed his appreciation to High Commissioner Pillay for accepting the invitation and visiting Sri Lanka. He stated that the Government of Sri Lanka will continue to work with the OHCHR (Office of the High Commissioner for Human

Rights). The High Commissioner too expressed her appreciation for the opportunity given to her to visit Sri Lanka and the facilitation provided by the Government of Sri Lanka.