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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.
News
UNEP support pledged to strengthen Sri Lanka’s Environmental Priorities
A special bilateral discussion was held on Thursday (02) morning at the United Nations Conference Centre (UNCC) in Bangkok, Thailand, between the Deputy Minister of Environment, Anton Jayakody, and regional representatives of the United Nations Environment Programme (UNEP).
The discussion began with an appreciation of the long-standing relationship between Sri Lanka and UNEP, particularly highlighting Sri Lanka’s role as a UNEA 8 Bureau member and a key partner in Global Environment Facility (GEF) projects. The meeting focused extensively on securing UNEP’s technical
and financial support to advance several of Sri Lanka’s national environmental priorities.
During the meeting, the Deputy Minister expressed Sri Lanka’s gratitude for the guidance provided by UNEP throughout the adoption process of the UNEA Youth Resolution. He outlined the national program currently being designed in Sri Lanka in alignment with the resolution. Under this initiative, attention was drawn to securing UNEP’s technical assistance, capacity-building support, and access to global funding mechanisms.
These resources will be utilized to formulate a “National
Environmental Literacy Index” to assess the environmental awareness of youth, establish “Youth Environmental Committees” spanning from the national to grassroots levels, set up university youth forums, and implement environmental promotion programs driven through sports
In addition, Sri Lanka requested UNEP’s assistance in upgrading its national air quality monitoring systems, enhancing data analysis, and developing policy guidelines.
The Deputy Minister also sought policy advisory services on Extended Producer Responsibility (EPR), technical expertise in plastic waste lifecycle management, and support for pilot projects aimed at minimizing single-use plastics and transitioning toward a circular economy.
Furthermore, the Deputy Minister noted that measures have been taken in collaboration with the Ministry of Transport to expedite sustainable e-mobility projects. He added that Sri Lanka anticipates UNEP’s support for the “Sustainable Cities Integrated Programme” under the country’s GEF 9 national
strategies. Reaffirming Sri Lanka’s active commitment to regional initiatives that foster environmental knowledge sharing among South Asian nations, it is expected that UNEP’s technical intervention during the upcoming GEF 9 financial cycle will continue to support Sri Lanka’s journey toward environmental resilience.
News
CIABOC to question Harak Kata on Rs. 200 mn bribery allegation
He is the only detainee at old Tangalle prison
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) probing bribery allegations pertaining to the recent arrest of attorney-at-law Rakitha Rajapakshe, former SJB Horana organiser Charitha Abeysinghe and another person is expected to question drug dealer Nadun Chintaka Wickremaratne alias Harak Kata being held under the Prevention of Terrorism Act (PTA).
The CIABOC arrested Rakitha and Charitha Kumara Wasantha Abeysinghe and former Director of Airport and Aviation Services Warushahanndige Aruna Sri Chathuranga on 25 June over the Rs 200 mn bribery allegation. Produced before the Colombo Chief Magistrate court on the same day, they were remanded until 3 July.
Sources familiar with the case told The Island that Wickremaratne arrested in Madagascar on 1 March 2023 was brought to Sri Lanka on 14 March 2023, and after preliminary investigations he was detained at the old Tangalle prison. Wickremeratne has been accused of running a major narcotics smuggling operation.
Wickremaratne’s lawyer Udul Premaratne, having visited Wickremeratne, sought the intervention of the Human Rights Commission of Sri Lanka to ensure the latter’s safety.
As many as 90 police (terrorist Investigation Department) and the Special Task Force (STF) have been assigned to the Tangalle old prison where Wickremaratne remains the sole detainee.
The CIABOC, in a statement posted in Sinhala on its website on 25 June said that arrested persons received the money after having initially asked for Rs 500 mn and then reduced it to Rs 200 mn. The Rs 120 mn allegedly received has been described as an advance.
Sources said investigators would question Wickremaratne over his wife’s claim that she had paid Rs. 120 million.
In terms of the PTA, the detention orders can be issued only by the Defence Minister. At the time Wickremaratne was brought to Colombo, Ranil Wickremesinghe held the defence portfolio. According to legal sources, when the President also held the defence portfolio, the responsibility for issuing the detention orders was relegated to the Defence Secretary.
Maj. Gen. Kamal Gunaratne who served as the Defence Secretary during that period.
Sources said that Wickremaratne’s wife was yet to come back and his parents and a brother were believed to be the only visitors except for lawyers. One of the crucial issues was how Wickremaratne had communicated with his wife living abroad, sources said.
By Shamindra Ferdinando
News
Petrol, diesel prices could be reduced by Rs. 141 and Rs 126 per litre: Udaya
Pivithuru Hela Urumaya (PHU) leader and former Petroleum Minister Udaya Gammanpila yesterday (2) claimed that the price of a litre of Octane 92 petrol and auto diesel could be reduced by Rs 141 and Rs 126, respectively.
The former Energy Minister said that Rs 20 per litre price reduction declared by the Ceylon Petroleum Corporation (CPC) in respect of Octane 92 petrol and Rs 25 drop in litre of auto diesel price proved that the government fleeced the public.
Earlier, Samagi Trade Union Alliance convenor Ananda Palitha claimed that the price of litre of Octane 92 petrol and auto diesel could be reduced by Rs 115.
A litre of Octane 92 is sold at Rs 414 and a litre of auto diesel at Rs 382.
Pointing out that the CPC hadn’t reduced Octane 95 petrol and Super Diesel at least nominally, the former parliamentarian said that the CPC could reduce them by Rs 155 and Rs 149, respectively. A litre of petrol Octane 95 is sold at Rs 495 and a litre of Super Diesel at Rs 478.Gammanpila pointed out that the government had sharply increased prices when the Iran war entered the 12th day having claimed that that it had stocks for 35 days. (SF)
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