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GL: Will UK hand over suppressed wartime dispatches to USD 2.8 mn Geneva probe team?

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Memo reveals Lanka to be dealt in terms of universal jurisdiction and extraterritorial jurisdiction

By Shamindra Ferdinando

SLPP Chairman Prof. G. L. Peiris yesterday (29) asked whether the UK would hand over wartime dispatches (January-May, 2009) from its High Commission in Colombo to the proposed special unit tasked with gathering information and evidence, attached to the UN Human Rights High Commissioner’s Office.

The resolution adopted last Tuesday (23) authorized the High Commissioner’s office to set up a special unit to gather information and evidence on human rights violations in Sri Lanka. According to the resolution the new unit was meant to “strengthen the capacity of the Office of the High Commissioner to collect, consolidate, analyze and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction” (operative clause 6).

One-time External Affairs Minister Prof. Peiris said the UK as the leader of the Sri Lanka Core Group that spearheaded the latest initiative to introduce a new resolution, owed an explanation why such documents had been suppressed over the years. “The existence of British diplomatic cables which contradicted their accusations directed at Sri Lanka military as well as the political leadership came to light in Oct 2017,” Prof. Peiris said.

Addressing the media at the Waters Edge, Prof. Peiris said that the UNHRC had been in such a hurry to allocate funds to the tune of USD 2.8 mn for the proposed unit. Prof. Peiris, who holds the education portfolio emphasized that it would be the responsibility of the new office to obtain the British dispatches.

The top academic, who had even taught law at a leading British university, also questioned the rationale in the UK being a member of the UNHRC fighting a near three year-old legal battle to prevent the release of dispatches sought by member of House of Lords, Lord Naseby. The Conservative party member was given only a section of the dispatches, Prof. Peiris said.

Minister Peiris said that the House of Commons was recently told the UK government didn’t hand over those dispatches nor the UNHRC asked for them. Prof. Peiris said that the proposed unit comprised three Legal Advisors, two analysts, two investigators/human rights officers, one information and evidence officer, two Juris-Linguists, one victim support officer and one programme assistant. Prof. Peiris said that the team had been tasked with putting in place information and evidence gathering mechanism therefore the need to examine everything available could not be ruled out.

The former head of the Colombo Law Faculty said that the proposed mechanism should be examined against the backdrop of the so called evidence/information gathered by the then UNSG Ban Ki-moon’s Panel of Experts’ remained covered by UN confidentiality clause till 2031. An internal UNHRC memo dated March 22, 2021 readout before the adoption of the resolution revealed that the new unit was tasked with coordinating with member states as regards universal jurisdiction and extraterritorial jurisdiction cases and other accountability purposes. The new unit is expected to function for a period of 12 months (Oct-Dec 2021 and January-Sept 2022). The memo revealed that the Office of the HR Commissioner intended to develop an efficient strategy meant to pave the way for individual countries to take action. The UK received the appointment as Sri Lanka Core Group leader in 2018 after the US quit the UNHRC alleging the UN body was a cesspool of political bias.

Prof. Peiris said that it would be interesting to see whether those tasked with gathering war crimes evidence would seek a meeting with Adele Balasingham, wife of the late LTTE theoretician Anton Balasingham now living in the UK. At the onset of the briefing Prof. Peiris said that efforts to drag Sri Lanka before the International Criminal Court were futile. “We are not party to the Rome Statute,” Prof. Peiris said, Sri Lanka was confident China and Russia would thwart any attempt to secure a UN Security Council endorsement of specific actions against Sri Lanka. The US imposed travel restrictions on Army Commander Gen. Shavendra Silva and his family in Feb 2020 whereas Field Marshal Sarath Fonseka, Maj. Gen. Chagie Gallage were among those denied visas to the US and Australia, respectively.

The UK had been partial in the whole process and recent efforts to ensure immunity to UK forces deployed within the country or overseas revealed the double standards, the internationally renowned law academic charged.

 

 



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Veteran singer and musician Professor Sanath Nandasiri passed away at the age of 81

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Overtime gravy train for public sector back

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Govt. MPs make contradictory statements on state of economy

By Shamindra Ferdinando

UNP National List MP Wajira Abeywardena on Sunday (26) disclosed the issuance of a circular by the Finance Ministry to restore overtime and other payments in the public sector.

The declaration was made in Galle soon after Transport and Media Minister Bandula Gunawardane lamented that the government was short of billions of rupees to pay public sector salaries, pensions, Samurdhi payments and meet recurrent expenditure.

Minister Gunawardena and UNP National List MP Abeywardena addressed the local media after the handing over of several buses to the Galle SLTB depot.

Cabinet Spokesman Gunawardena said that the government needed as much as Rs 196 bn before the Sinhala and Tamil New Year and its projected revenue was Rs 173 bn. In addition to that Rs 500 mn was required to settle what Minister Gunawardena called bilateral debt.

Minister Gunawardane said that a part of the first tranche of USD 333 mn from the International Monetary Fund (IMF) would be utilised to pay public sector salaries.

Of the USD 333 mn received so far, USD 121 had been used to pay the first installment of USD 1 bn credit line secured from India early last year, according to State Finance Minister Ranjith Siyambalapitiya.

Power and Energy Minister Kanchana Wijesekera in the second week of August last year revealed as much as Rs 3 bn had been paid as overtime to Ceylon Petroleum Corporation (CPC) workers for several months. This disclosure was made in response to a query raised by Chief Opposition Whip Lakshman Kiriella.

One of the major demands of the public sector trade unions on the warpath over the Wickremesinghe-Rajapaksa government’s new tax formula is the restoration of overtime.

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Now, Opposition wants Finance Secy. hauled up before Privileges Committee

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Prof G L Peris

Prof. G. L. Peiris yesterday (27) urged Speaker Mahinda Yapa Abeywardena to act speedily on the main Opposition Samagi Jana Balawegaya (SJB) request to summon Finance Secretary Mahinda Siriwardena before the parliamentary Committee on Ethics and Privileges.

Addressing the media on behalf of the Freedom People’s Alliance, the former External Affairs Minister said that the Treasury Secretary had challenged the parliament by withholding funds allocated in the budget 2023 to the Election Commission thereby sabotaging the election.

Prof. Peiris said that there couldn’t be a far worse violation of parliamentary privileges than a government official undermining Parliament.

Instead of appreciating the intervention made by the Supreme Court to facilitate the delayed Local Government polls, the ruling party had sought to challenge the apex court, Prof. Peiris said, urging Speaker Mahinda Yapa Abeywardena to fulfill his obligations.

Prof. Pieris said that if the government lacked funds, just one percent of USS 333 mn received from the International Monetary Fund (IMF) was sufficient to conduct the election.

The ex-minister said that the IMF wouldn’t oppose the utilisation of a fraction of the first tranche of USD 2.9 bn loan facility provided over a period of four years to guarantee the constitutional rights of the Sri Lankan electorate. (SF)

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