Connect with us

News

India’s accountability in Sri Lanka conflict: Govt. can ask India to prosecute those responsible coming under its purview -HRW

Published

on

Meenakshi Ganguly

By Shamindra Ferdinando

Deputy Asia director at Human Rights Watch (HRW) Meenakshi Ganguly says Sri Lanka could request foreign governments to prosecute those responsible for human rights violations coming under the purview of relevant jurisdictions.

Stressing the responsibility on the part of Sri Lanka to indict the accused, Ganguly said Sri Lanka could ask foreign governments to take appropriate action in relevant jurisdictions. Other countries could also indict people as a matter of universal jurisdiction, but most crucially, it is the obligation of the Sri Lanka government to prosecute, the top HRW spokesperson said.

Ganguly, who has been with the HRW since 2004, said so in response to The Island queries regarding the accountability on the part of India for atrocities perpetrated by the Indian military during its deployment in Sri Lanka.

The former correspondent for Time Magazine and Press Trust of India sent us the following response to several specific questions pertaining to accountability issues: The Sri Lankan government has obligations under international law to investigate and appropriately prosecute all individuals responsible for violations of international human rights law and international humanitarian laws that are committed within the country.

For various reasons, such as being outside of the government’s jurisdiction, not everyone who is responsible for such crimes will be able to receive justice in Sri Lanka. But the fact that everyone cannot be prosecuted does not remove the obligation of Sri Lanka to prosecute those who are within the jurisdiction of the country.

The UN declaration of human rights provides that ‘everyone has the right to an effective remedy.’ The human rights committee has further detailed state obligations on the right to a remedy under international law.

The inability to prosecute everyone who should face justice is no reason for the Sri Lanka government to do nothing.The Sri Lankan authorities can also request states to provide these remedies in relevant jurisdictions. Other countries can also prosecute people as a matter of universal jurisdiction, but most crucially, it is the obligation of the Sri Lanka government to prosecute.”

The Island submitted the following questions: (1) How do you (HRW) propose to deal with human rights violations perpetrated by the Indian Army during its deployment in Northern and Eastern Provinces of Sri Lanka (July 1987-March 1990)?

(2) Do you believe a separate inquiry with the assistance/involvement of India is required to identify those who suffered in the hands of the Indian Army in Sri Lanka and the loved ones of LTTE cadres killed/disappeared during July 1987-March 1990?

(3) [A]Quite a number of ex-LTTE cadres as well as other members of Tamil groups sponsored by India are now living in Europe, America, Canada, Australia, Middle East and India. How do you propose to investigate them as some countries have granted them citizenship?

[B] Do you believe special inquiry is needed to deal with those who are living in India?

(4) Some members of those groups now serve as MPs. How do you expect the government to deal with parliamentarians? (One of them was recently accused of conspiring with Sri Lankan military intelligence to facilitate Gotabaya Rajapaksa’s victory at 2019 presidential poll)

(5) And finally, [A] Do you believe the TNA should be investigated for its links with the LTTE as the former (TNA) recognized internationally proscribed group as the sole representative of the Tamil speaking people? [B] Have you received representations from human rights defenders as regards the need for a no holds barred investigation to identify all perpetrators, including the Indian military, Indian intelligence services and those Sri Lankans living overseas under different names?

The above issues were raised in the wake of HRW slamming the government here over claims of continuing abuses. In a new report released in Geneva on Sept. 18, 2023, New York headquartered HRW alleged that such actions undermined the purported goals of its newly proposed truth and reconciliation commission. Victims of past violations, their families, and human rights defenders have rejected the government’s initiative because the government has not consulted them, ignored evidence gathered by past commissions, and exposed them to fresh security force abuses.

The 39-page report, “‘If We Raise Our Voice They Arrest Us’: Sri Lanka’s Proposed Truth and Reconciliation Commission,” documented what HRW called abusive security force surveillance and intimidation of activists and campaigners from minority Tamil families of those who “disappeared” during the conflict. The HRW alleged the government used draconian counterterrorism laws to silence dissenting voices, including those calling for truth and accountability, while government-backed land grabs target Tamil and Muslim communities and their places of worship, the report claimed.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest News

Special Dengue Prevention Week declared in Colombo District from June 15 to 21

Published

on

By

A decision has been taken to declare a Special Dengue Prevention Week from 15 to 21 of June by the Colombo District Dengue Control Committee to curb the spread of the disease in the Colombo District.

This decision was taken at the meeting of the Colombo District Dengue Control Committee held on Friday  (12) at the Colombo District Secretariat under the patronage of Prime Minister Dr. Harini Amarasuriya.

Compared to last year, the number of dengue cases reported this year has increased significantly. According to the National Dengue Control Unit, approximately 39,100 dengue cases have been reported island wide to date, of which 25.8% have been recorded in the Colombo District. Following this situation, the Colombo District has been identified as a high-risk district.

Health authorities informed that the increasing spread of the disease has been influenced not only by the nature of circulating virus but also to the lack of sufficient immunity among the population. They further noted that the recent period of heavy rainfall has aggravated the spread of Dengue.

It was also identified that the current outbreak is being reported more frequently from public places such as government institutions, private establishments, schools, and religious venues rather than from residential premises. Observations have identified improperly managed solid waste and drainage systems in offices and other public locations as major breeding grounds for mosquitoes.

Accordingly, during the Dengue Prevention Week from 15 to 21 June, a series of measures will be implemented, including, organising community clean-up campaigns in government and private institutions, schools, residential areas, and other public spaces; Conducting inspections of high-risk premises by Divisional Secretariats and taking legal action, where necessary, followed by awareness programmes; Distributing informational leaflets, displaying banners, and carrying out public awareness campaigns through the media. Health authorities also requested school administrations not to involve students below Grade 10 in school cleaning programmes and to immediately notify the relevant Medical Officer of Health (MOH) office if a student is diagnosed with dengue.

The programme is expected to receive the active support and participation of the district’s political leadership, religious leaders of all faiths, public officials, local government institutions, the tri-forces, the police, and the general public.

The event was attended by the Chairperson of the District Coordination Committee, Members of Parliament, representatives of local government authorities, government secretaries, police officers, and officials representing the education and health sectors, among others.

[Prime Minister’s Media Division]

Continue Reading

News

The leader of the indigenous Vedda community Uru Warige Wannila Aththo Meets Prime Minister Dr. Harini Amarasuriya

Published

on

By

A meeting between the Leader of the indigenous Vedda community, Uru Warige Wannila Aththo and Prime Minister Dr. Harini Amarasuriya was held on Friday  (12) at Parliament.

During the meeting, discussions focused on the challenges faced by the indigenous community and the Leader of the community, Uru Warige Wannila Aththo drew the Prime Minister’s attention to the difficulties encountered by indigenous people in accessing and using their traditional ancestral lands.

The Prime Minister emphasized that the indigenous community has the right to enjoy and use its traditional lands without obstruction and stated that the necessary legal measures to safeguard these rights would be expedited.

The Indigenous Leader also raised concerns over the lack of relief assistance provided so far to the residents of Hennanigala who were affected by the recent Cyclone Ditwah. The Prime Minister immediately instructed the relevant officials to ensure that these families receive proper relief assistance without delay.

The discussion also focused on the shortcomings and needs of the Dambana School, and the Prime Minister emphasized that the matter would be looked into and that the necessary measures would be taken.

[Prime Minister’s Media Division]

Continue Reading

News

Commonwealth lawyers urge Lanka to uphold rule of law

Published

on

CLA backs concerns raised by BASL over move to increase retirement age of senior judges

The Commonwealth Lawyers Association (CLA) on Thursday noted concerns raised by the Bar Association of Sri Lanka (BASL) over a reported move to amend the Constitution to increase the retirement age of judges of the Court of Appeal and the Supreme Court.

In a statement, the CLA said the BASL, in a letter dated May 25, 2026, addressed to the President, had expressed grave concern that the Government was considering a constitutional amendment to extend the retirement age of senior judges, currently fixed under Article 107(5) of the Constitution.

Full text of CLA statement: The Commonwealth Lawyers Association (CLA) notes the letter of the Bar Association of Sri Lanka (BASL) issued on 25th May 2026 to His Excellency the President of Sri Lanka. The BASL has expressed grave concern that the Government of Sri Lanka is considering the introduction of an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.

The retirement age of senior judges is presently fixed by Article 107(5) of the Constitution. Any amendment would require a Constitutional Amendment. Constitutional amendments should not be made in a piecemeal or ad hoc manner as this could reduce the sanctity of the Constitution. Further, constitutional reform must be foreshadowed by adequate public and stakeholder consultation, as a requirement of due process in a democracy.

The Constitution of Sri Lanka recognizes the Independence of the Judiciary and its importance in preserving and maintaining the rule of law.

The Commonwealth (Latimer House) Principles on the three Branches of Government state in Principle IV that:

“An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice.”

The CLA’s Goa Declaration 2023 states that:

“The independence and impartiality of the judiciary must be upheld and protected by governments, including under domestic laws, regulations and policies “

The CLA considers that any steps to diminish public confidence in the judiciary is antithetical to the rule of law and must be avoided.

The letter from BASL to the President of Sri Lanka states:

“Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary.”

The BASL letter goes on to state:

“The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the rule of law and the democratic framework of (Sri Lanka). In that regard it is of paramount importance that the Judiciary must not only remain independent in fact but also must be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.”

The CLA supports the reasoned and principled position adopted by BASL and calls upon the authorities in Sri Lanka:

To refrain from proceeding with the proposed constitutional amendments seeking to increase the retirement age of members of the Judiciary;

To resist piecemeal and ad hoc amendments to the Constitution of Sri Lanka.

To adhere to due process of consultation and stakeholder engagement in constitutional reform;

To desist from taking any steps which would undermine confidence in the Judiciary and irreparably diminish the independence of the judiciary; and

To ensure adherence to the rule of law and respect for the independence of the judiciary.

Continue Reading

Trending