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India’s accountability in Sri Lanka conflict: Govt. can ask India to prosecute those responsible coming under its purview -HRW
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.
Latest News
USS Canberra makes port call in Colombo
The United States Navy’s USS Canberra (LCS 30) arrived at the port of Colombo for replenishment purposes on 12 Jun 26.
The visiting ship was welcomed by the Sri Lanka Navy
in compliance of naval traditions.
USS Canberra, a Littoral Combat Ship, is commanded by Commander J McLaughlin.
News
Complete the Proposed Education Reform Policy Framework Within One Month – President
President Anura Kumara Dissanayake has instructed officials to complete work on the proposed Education Reform Policy Framework within one month.
The President issued these instructions during a discussion held on Wednesday (10 June) at the Presidential Secretariat on the education policy concept paper presented by the National Education Commission.
At the meeting, the Chairman of the National Education Commission stated that the current education reforms are being undertaken across several pillars: early childhood education, general education (primary, secondary and tertiary), higher education, vocational education, technological education, digital education and non-formal education.
Attention was also given to Sri Lanka’s education system to date, the various education reforms implemented over the years, and the social changes brought about by those reforms. The President instructed officials to review previous education reforms and to take into account the key lessons emerging from them when formulating the new education policy framework.
Members of the Education Commission noted that, since the establishment of the National Education Commission in 1991, education policies have been formulated from time to time. They pointed out that a significant portion of the 1997 policy had been applied to primary education.
It was further observed that although a policy was formulated in 2016 for general education, it was not implemented accordingly. Likewise, while an education policy was prepared in 2023, it was not adopted as the national education policy. Attention was also drawn to the fact that previous education reform efforts had often been based on programmes developed according to the functions of education-related institutions, rather than on a clearly established policy framework guiding educational change.
Describing the present moment as a significant opportunity, the President emphasised that education reforms should be implemented in a manner that does not disrupt the continuity of the existing education process. Rather than creating a separate policy framework and attempting to operate independently through it, reforms should be integrated carefully into the functioning education system.
The President stated that this represents a considerable challenge for the National Education Commission. He also noted that it would be inaccurate to conclude that either the previous education system or the current one is entirely successful or entirely unsuccessful.
He stressed the importance of carefully identifying both the strengths and weaknesses of the existing system. He further observed that it is not possible to determine in the short term whether an education reform is successful or unsuccessful, as its impact must be assessed over the long term through the changes it brings about in society. For this reason, he emphasised that education reforms require greater caution and consideration than many other types of reforms.
Discussions also focused on the need to conduct an in-depth review of anticipated future social challenges and to incorporate into the new policy framework the elements necessary for developing citizens suited to a changing society.
Special attention was given to the need for a policy framework to regulate all sectors of education that are currently not subject to proper regulation, as well as to the adverse consequences arising from the lack of regulation of private education.
The importance of conducting research into university education reform and the regulation of private universities was also discussed.
Among those present were Prime Minister Dr Harini Amarasuriya, Deputy Minister of Education and Higher Education Dr Madhura Seneviratne, Deputy Minister of Vocational Education Nalin Hewage, Secretary to the President Dr Nandika Sanath Kumanayake, Senior Additional Secretary to the President Kapila Janaka Bandara, Secretary to the Ministry of Education, Higher Education and Vocational Education Nalaka Kaluwewa, Chairman of the National Education Commission Professor A. Sarath Ananda, and other members of the National Education Commission.
(PMD)
Business
Committee appointed for restructuring SriLankan Airlines
The Cabinet of Ministers has approved the appointment of a Committee, chaired by Senior Presidential Advisor on Digital Economy Dr. Hans Wijayasuriya, to conduct a strategic review and restructuring of SriLankan Airlines.
The other members of the committee are as follows:
• Senior Presidential Economic Advisor Duminda Hulangamuwa
• Financial and corporate strategy expert Deshal De Mel
• Transaction and investment banking, mergers and acquisitions expert Dumith Fernando
• The Secretary to the Ministry of Finance or his Representative
• The Secretary to the Ministry of Transport, Highways and Urban Development / a representative of the Civil Aviation Authority
• The Chairman of SriLankan Airlines
• Legal experts with specialised knowledge in corporate, aviation and public law
• Aviation industry experts to be appointed
The Government has recognised the urgent priority of undertaking a comprehensive strategic review of SriLankan Airlines, taking into account the broader macroeconomic context.
The main objective of this exercise is to establish a financially sustainable and commercially efficient national carrier, while reducing the long-term fiscal burden on the Government.
Accordingly, it has been deemed appropriate to establish a dedicated committee to carry out the strategic review and restructuring process in collaboration with the International Finance Corporation (IFC), which is serving as the Transaction Advisor.
The committee will be responsible for:
• Conducting an independent review and assessment of the airline’s strategic direction and future course of action
• Recommending restructuring requirements and possible restructuring models
• Evaluating specific strategic options and identifying the most suitable course of action aligned with the Government’s overall objectives
• Providing oversight, guidance and support for the implementation of the selected strategy and execution framework determined by the Government
The committee will function for the duration of the strategic review and restructuring process, or until it is formally dissolved by the Government of Sri Lanka.
(PMD)
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