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UK lawmakers for Tamils seek punitive measures against Sri Lanka

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British barrister elected as the next Chief Prosecutor at the ICC

Elliot Colburn (Conservative Party) on behalf of the All-Party Parliamentary Group for Tamils (APPGT) has requested the UK government to take tangible measures to establish an evidence gathering mechanism, inquire into the suitability of international accountability mechanisms in respect of Sri Lanka and push for the appointment of a Special Rapporteur.

The UK heads the six-member Sri Lanka Core Group. APPGT has intervened on behalf of the pro-LTTE Tamil Diaspora in the wake of Lord Naseby, President All Party British-Sri Lanka Parliamentary Group sought to set the record straight as regards war crimes accusations. Lord Naseby made representations to the UNHRC.

The following is the text of letter dated Feb 22 written by Colburn to Dominic Raab MP:

Secretary of State for Foreign, Commonwealth and Development Affairs: “I write with reference to the draft UN Human Rights Council (UNHRC) resolution on Sri Lanka published by the United Kingdom on behalf of the Core Group on Sri Lanka.

The All-Party Parliamentary Group, for Tamils (APPGT) is concerned that the draft resolution does not sufficiently support the important recommendations by the UN High Commissioner for Human Rights that are critical for ensuring progress towards accountability in Sri Lanka.

The UK has always been at the forefront of promoting human rights and international justice around the world, including in Sri Lanka. In 2014 the UK-led international efforts that successfully passed a key resolution in the UN Human Rights Council to promote accountability, justice, and reconciliation in Sri Lanka. That resolution authorised the landmark investigation by the Office of the High Commissioner for Human Rights (OHCHR), the OHCHR  Investigation on Sri Lanka (OISL), into human rights abuses in the period 21 February 2002 to 15 November 2011.

The OISL’s report documented mass atrocities and human rights abuses of unspeakable brutality and on an extraordinary scale. Yet, despite repeatedly pledging to ensure accountability, and repeated extensions by UNHRC members of their deadline for doing so, successive Sri Lankan governments have delayed and obfuscated at every turn.

Six years after the OISL report, and 11 years after the end of war in Sri Lanka, it is now time for the UK and the UNHRC member states to put the victims, the so many people who lost their lives, lost loved ones, and were put through unimaginable suffering, at the forefront of international efforts to ensure justice is delivered to them, and without any further delay.

It is therefore crucial that the resolution being tabled by the United Kingdom on behalf of the Core Group on Sri Lanka, provides for concrete steps towards international accountability, in particular ensuring the collection and preserving evidence of violations of international humanitarian law and human rights law perpetrated in Sri Lanka, evidence that can facilitate criminal prosecutions via an international judicial process.

To these ends, we urge you to ensure the Resolution when presented to the Council includes:

1. Evidence gathering for the purpose of criminal prosecutions

Establish an ongoing independent mechanism to collect, consolidate, preserve, and analyse evidence of the most serious international crimes and violations of international law committed in Sri Lanka between 21 February 2002 until 15 November 2011, and to prepare files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes.

2. International Mechanism

Provide a mandate the Office of the High Commissioner to consider and report on the feasibility and appropriateness of international mechanisms for accountability, in recognition of the fact that Sri Lankan authorities have failed to prosecute alleged perpetrators of serious abuses, which may amount to war crimes, crimes against humanity, and genocide. The international mechanisms considered should include the International Criminal Court (ICC).

The ICC was established precisely so as to ensure that perpetrators of such heinous crimes do not enjoy impunity because the State in question is unwilling or unable to prosecute them, and the UK can be justifiably proud that a leading British barrister, Karim Khan, has been elected as the next Chief Prosecutor at the ICC.

3. Special Rapporteur

Urge the Council to appoint an individual of recognized international standing and expertise in human rights as Special Rapporteur to investigate and report on human rights situation in Sri Lanka, and on the Sri Lankan Government’s compliance with its obligations under international humanitarian law and human rights law. It is not only past violations and the lack of accountability for those that are concerning for us, but ongoing ones also. The UN High Commissioner’s latest report describes the deterioration in human rights protection in Sri Lanka as alarming and given the Sri Lankan government’s appalling track record, we believe international scrutiny of the situation in the coming months and years should be continuous and ongoing.

We believe the above are essential steps for ensuring accountability for the well-documented heinous international crimes that have taken place, and ongoing human rights abuses, in Sri Lanka. After over a decade of promised yet ultimately denied justice for the victims, we also believe these are the minimal steps that the UK should pursue, if our commitment to human rights, international rule of law, and justice is not to appear hollow, to both the victims and the perpetrators.”



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Fuel crunch looms

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Govt. tells fuel distributors to maintain stocks to ensure uninterrupted supplies

by Saman Indrajith and Norman Palihawadane

The government had instructed private fuel distributors to maintain minimum stocks and ensure uninterrupted supplies to the market, Energy Minister Anura Karunathilaka told Parliament yesterday (06).

Karunathilaka said the Ministry of Energy Secretary had notified the relevant companies of the requirement, following a reduction in supplies by some private distributors, amid higher international fuel prices.

The Minister said private companies had informed the government that they were facing losses because international prices had risen while fuel was being sold, locally, at prevailing prices. As a result, some companies had reduced the volumes released to the market.

The reduced supplies had increased the burden on the Ceylon Petroleum Corporation (CPC), whose share of the diesel market had risen from about 54% to 82%, the Minister said.

“The CPC currently holds an 82% share of the market,” he said, adding that it had increased its supplies, compared with February, to compensate for the reduction by private distributors.

Karunathilaka said the government could not, under the existing agreements with private companies, specify the quantities they should supply to individual filling stations. However, it could require them to maintain minimum stocks in the country.

The Minister said the Energy Ministry had already instructed companies that had failed to maintain the required stocks to take steps to prevent supply disruptions.

The Minister attributed the queues reported at some filling stations to reduced supplies from private distributors, as well as normal variations in fuel distribution. He also said demand for CPC fuel had increased because private companies generally did not provide fuel to dealers on credit, while the CPC offered a three-day credit facility.

“We expect that, as the Ceylon Petroleum Corporation takes on this additional burden, the problem will ease to some extent by Wednesday or Thursday,” Karunathilaka said.

He said instructions had also been issued to increase supplies to CPC filling stations. A special discussion on the issue is scheduled for today (07), with officials of the Energy Ministry and CPC expected to participate,

along with President Anura Kumara Dissanayake.

Meanwhile, Petroleum Dealers’ Association officials have called for an early solution to the supply issue. Association Chairman D.V. Shantha Silva said queues had been reported at many filling stations, mainly those operated by private distributors.

He said the situation was not due to an overall shortage of fuel, but was linked to reduced orders by Lanka IOC, Sinopec and R.M. Parks amid concerns over losses incurred on fuel sales.

The Ceylon Petroleum Private Tanker Owners Association has urged motorists to refrain from panic buying, saying there was no nationwide disruption to fuel supplies.

The government earlier increased fuel prices and introduced a per-litre diesel subsidy following concerns raised by distributors over rising international prices.

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Gnansara Thera to be assigned to prison printing section: Officials

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Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera, who was taken into custody to serve the remainder of his prison sentence, was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court. He appeared before the court in layman’s clothes. Pic by Nishan S. Priyantha.

by Norman Palihawadane

Bodu Bala Sena General Secretary Ven. Galagodaatte Gnanasara Thera, who has been ordered by the court to serve the remainder of his prison sentence, is to be assigned to the prison ‘printing work party’, prison officials said yesterday.

The monk was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court.

He appeared before the court in civilian attire.

Prison sources said arrangements were being finalised for his detention and that he would subsequently be assigned to the printing work party.

The Thera initially objected when prison officials instructed him to change from his robes into the attire worn by convicted prisoners.

He later agreed to wear the prescribed prison clothes, sources said.

The Supreme Court, in September, annulled the presidential pardon granted to Gnanasara Thera in 2019. He had been serving a six-year prison sentence imposed following his conviction for contempt of court but had served only about nine months when then President Maithripala Sirisena granted him a presidential pardon in May 2019.

Following the Supreme Court ruling, the Thera was required to serve the remainder of his sentence. He was subsequently reported missing, prompting the Court of Appeal to issue an open warrant for his arrest.

The Court of Appeal on Monday ordered the authorities to enforce the remainder of his prison sentence.

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Speaker rejects Ajith Perera’s privilege complaint

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Speaker Dr. Jagath Wickramaratne yesterday ruled that a privilege complaint submitted by SJB Kalutara District MP Ajith P. Perera did not constitute a prima facie breach of parliamentary privilege.

The ruling was made in response to a notice of privilege submitted by Perera on October 02.

Perera alleged that his parliamentary privileges had been breached over the failure to take formal action or reach a final decision on a written request submitted on August 03 by 18 Opposition MPs seeking the appointment of a Special Select Committee to investigate delays in the judicial system and prison overcrowding.

He had also requested that the matter be referred to the Committee on Ethics and Privileges for investigation and recommendations.

In his ruling, Speaker Wickramaratne said the Speaker, as the Presiding Authority and guardian of the powers, rights and privileges of Parliament, could not be subjected to a privilege complaint or disciplinary inquiry by a committee subordinate to the Chair in respect of actions taken in an official capacity.

He said that, under the Standing Orders, the Speaker was required to independently determine whether a prima facie case of breach of privilege existed.

Referring a complaint against the Speaker to a committee functioning under the Speaker’s authority would, therefore, create a procedural contradiction, he said.

Accordingly, the Speaker ruled that Perera’s notice did not constitute a prima facie breach of parliamentary privilege and disallowed the request to refer the matter to the Committee on Ethics and Privileges.

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