News
‘Post-war accountability: ISTRM urged to consider civil society concerns’
A group of civil society organisations and activists have expressed their concerns over the way the government is trying to address grievances of the Tamil speaking community.
The following is the text of letter, dated March 07, they wrote to Dr. Asanga Gunawansa, PC, Director-General Interim Secretariat for Truth and Reconciliation Mechanism (ISTRM): We, activists, and civil society organisations from, as well as working in the North and the East with war affected communities, write to you regarding the proposed Commission for Truth, Unity and Reconciliation (hereinafter the Commission). Some of us have engaged with the Interim Secretariat for Truth and Reconciliation Mechanisms (ISTRM), including attending the meetings organized by the Secretariat on 9 and/or 26 February 2024 to discuss the proposed Commission.
We draw your attention once again to the attached four statements issued by civil society organisations in the North and East in 2023 setting out their concerns about the proposed Commission as well as their demands to the government. These demands consist mainly of measures to build trust and repair the severely damaged social contract between Tamil citizens and the state. To date, the government has not taken action to implement even a single demand set out in these statements, thereby validating our concern about the lack of political will to provide substantive solutions to the Tamil people where truth, justice and reparations are concerned.
Our skepticism was further affirmed by the failure of the ISTRM to conduct wide ranging consultations with the war affected communities in the North and the East during their consultation process. Only a handful of organisations and activists from the North and East were invited to the meetings held in Colombo on 9 and 26 February despite concerted advocacy for greater inclusion. For instance, the ISTRM did not even attempt to meet the families of the disappeared in the North and East, a critical stakeholder in the transitional justice process.
Given that the Commission for Truth, Unity and Reconciliation Bill states its focus is “the conflict which took place in the Northern and Eastern Provinces during the period 1983 to 2009, or its aftermath”, the lack of consultations with the very community that is purportedly the focus of the law beggars belief. Even those predisposed to view the proposed Commission as a good faith act to address decades long violations to which the communities in the North and East were subjected, government disregard for, and dismissal of the concerns of the communities regarding the proposed Commission, will surely question the government’s intention.
The concerns we express are evidenced by the government’s repeated declarations that it is determined to ensure the UN Human Rights Council Resolution is not renewed nor a new Resolution passed. Hence, we believe the proposed Commission is one of the means through which the government intends to convince the international community there is no need for another Human Rights Council resolution. If the government’s intent is to resolve decades long grievances of the Tamil community and address grave violations committed against the community, instead of railroading legislation the community does not want, the government would implement at least a few demands set out in the aforementioned four statements to build trust.
While civil society, journalists, activists, families of the disappeared and former combatants amongst others in the North and East continue to be subject to surveillance, intimidation and harassment by the security agencies, while their land is being acquired and occupied and while their places of worship are being destroyed, the enactment of a law and the establishment of a Commission will do little to prevent or mitigate these actions which are in contravention of the Constitution of Sri Lanka and Sri Lanka’s international obligations. They only serve to increase people’s mistrust of the state.
In this regard, we highlight the findings of the public opinion survey conducted by the Sri Lanka Barometre in 2023, which illustrates that “confidence towards the political leadership decreased as a consequence of the crisis for almost half of Sri Lankans, showing a significant effect of the crisis on political confidence”. The Barometre also states that the “decrease in confidence indicates a sense of disappointment and disillusionment among many Sri Lankans in the current political leadership”. It should be noted the lack of trust and confidence in the political leadership is not restricted to the Tamil community as the Barometre reveals that “almost three quarters of people in the Southern Province experienced a drop in confidence”. Hence, in a climate in which the current government does not have public confidence, to establish yet another institution will in no way enable reconciliation in the absence of substantive measures to restore the faith of the people in those that govern them.
The imperative to listen to the voices from the North and East is reiterated by another finding of the Barometre, which states that the “fact that the highest proportion of people showing no change in confidence can be located in the Northern Province could indicate disillusionment with any majoritarian government that is perceived to have ignored the needs and grievances of the Tamil community that make up a majority of the residents in the Northern province”.
In this context, we urge the government to heed the voices of the people of the North and East and implement the demands set out in the four statements issued by civil society groups from the North and East to build trust and show good faith prior to enacting laws or establishing Commissions. The path to positive peace and reconciliation is through building trust and demonstrating good faith through substantive and meaningful actions, not rhetoric, nor establishing Commissions whose recommendations are not implemented.
Latest News
Sun directly overhead Kokkuvil, Nallur, Kodikamam and Nagar Kovil at about 12.11 noon today (28)
The sun is going to be directly over the latitudes of Sri Lanka during 28th of August to 07th of September due to its apparent southward relative motion.
The nearest places of Sri Lanka over which the sun is overhead today (28) are Kokkuvil, Nallur, Kodikamam and Nagar Kovil about 12.11 noon.
News
Eight politicians in drug kingpin probe
Police to arrest and question four former ministers, others over links to Basik
By Norman Palihawadane
Police are investigating alleged links between suspected major drug trafficker Shiran Basik and a number of prominent politicians, with eight of them due to be arrested and questioned as investigators widen their probe into his financial dealings and network of associates, police headquarters, according to a senior police officer.
Among those set to face questioning include a sitting MP, four former ministers, and at least one of them is a female. Police are also investigating allegations that Basik provided large sums of money to politicians during election campaigns and extended other financial and material benefits to political figures.
Investigators are also looking into claims that two politicians were provided with facilities to construct houses and hotels, while efforts are under way to establish the extent of political support and assistance allegedly provided to Basik.
The Colombo Central Crime Investigation Bureau (CCIB) is expected to question the politicians based on information reportedly disclosed by Basik during interrogation. Two electoral organisers are also expected to be taken into custody as part of the ongoing investigation, according to police sources.
Meanwhile, statements are being recorded from managers and employees of several businesses allegedly linked to Basik, while investigators continue to examine information and records recovered from his mobile phone.
Basik, 48, was brought back to Sri Lanka on August 14 after being arrested in Dubai and deported. He was taken into custody by officers of the Criminal Investigation Department’s Airport Unit at Bandaranaike International Airport and subsequently handed over to the CCIB for further investigation.
Police initially obtained a 72-hour detention order to question Basik before securing approval to detain him for 90 days.
Basik, a resident of Dehiwala, is facing investigations over alleged large-scale drug trafficking as well as firearms, and unlawful assembly of weapons-related offences. Police are also examining whether he had any involvement in recent prison-related incidents and have said information has emerged linking him to the 2012 Welikada Prison riot.
The investigation has also expanded to Basik’s alleged assets and business interests in Sri Lanka and overseas.
Police have said information uncovered during questioning indicates that Basik had claimed ownership of five hotels along Colombo’s Marine Drive. Investigators have also identified two houses and two mobile phone shops in Boralesgamuwa allegedly linked to him.
A court has ordered a comprehensive examination of bank accounts linked to Basik, with the Financial Intelligence Unit of the Central Bank of Sri Lanka to conduct a review of his financial accounts. A separate investigation into his wealth and properties is being conducted by the Illegal Assets Investigation Division.
Investigators are also examining claims that Basik owns properties, including hotels and vehicles, in several European countries, as well as a high-value vehicle in Dubai. These claims remain subject to further investigation.
Basik had left Sri Lanka for Dubai in 2018, where police said he lived a lavish lifestyle while operating businesses. He was arrested by UAE authorities before being deported to Sri Lanka.
During initial questioning, Basik told investigators that Dubai police had stopped and searched him at a shopping mall and examined his mobile phone. He claimed that footage relating to Iranian missile and drone attacks was found on the device and that he was subsequently questioned over alleged links to Iran.
Police are continuing to examine the circumstances surrounding his arrest and deportation, as well as the information contained in his mobile phone and other evidence gathered during the investigation.
The ongoing probe is being conducted under the supervision of Senior DIG Ranmal Kodituwakku and SSP Kamal Ariyawansa.The allegations against Basik and the politicians named in connection with the investigation have not been established in court, and the investigations remain ongoing.
News
CJ first SC judge to benefit from 22A, if enacted: BASL
The Bar Association of Sri Lanka (BASL) has opposed the proposed “Twenty-Second Amendment to the Constitution”, saying it raises serious concerns over judicial independence and the rights and interests of the public.
In a statement signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva, the association said it had challenged the constitutionality of the proposed amendment before the Supreme Court.
The BASL noted that the Chief Justice would be the first Supreme Court judge to benefit from the proposed amendment if it becomes law. It also referred to widespread speculation that the amendment was being expedited to facilitate an extension of the incumbent Chief Justice’s tenure, which is due to end on December 1, 2026.
Full text of the statement:
“The Bar Association of Sri Lanka (BASL) has taken a principled position opposing the Bill titled the “Twenty-Second Amendment to the Constitution” on the basis that it raises serious concerns regarding the independence of the Judiciary and the rights and interests of the people. Accordingly, the BASL has challenged the constitutionality of the proposed amendment before the Supreme Court.
“It is observed that it will be the Honourable Chief Justice who will be the first Judge of the Supreme Court who will benefit from the 22nd Amendment, if this Bill is enacted into Law.
There is widespread belief that this amendment is being rushed to facilitate the extension of the tenure of the Honourable Chief Justice which would otherwise complete on 1st December 2026. In this backdrop, in the recent past, we have witnessed allegations being made in Parliamentary Proceedings as well as on Social Media concerning the Judiciary including the incumbent Chief Justice.
“During this period, the BASL has also been subjected to unfounded attacks on social media and other platforms.
“The Judiciary, like every other institution exercising public power, must remain subject to legitimate scrutiny and accountability. Judgments, judicial conduct and the administration of justice may properly be subjected to fair, informed and responsible criticism. Where credible concerns or allegations arise regarding any member of the Judiciary, including the Chief Justice, they should be examined objectively and addressed through the appropriate constitutional and parliamentary processes which are in place, with due regard to fairness and due process.
“At the same time, everyone must exercise responsibility when making allegations concerning individual judges, lawyers and others. Personal attacks based upon unsubstantiated allegations can undermine public confidence in the administration of justice and affect the independence and integrity of the judicial process and the system of justice
“Judicial independence is not intended to shield any individual from legitimate scrutiny or accountability. It is a safeguard for the people, ensuring that disputes are determined impartially and that individual rights, the Rule of Law and the constitutional order are protected.
“The BASL therefore calls upon all organs of the State, all parties concerned and the media to respect the role of the Judiciary and the system of administration of justice, while ensuring that any genuine concerns are addressed fairly, responsibly and through the procedures established by the Constitution and the law.”
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