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India, too, should be investigated -Int’l HR organisations

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Geneva resolution:

By Shamindra Ferdinando

Four international human rights organisations yesterday (20) said that atrocities perpetrated during the deployment of the Indian Army in Sri Lanka, too, should be properly investigated by the mechanisms proposed by the Geneva-based United Nations Human Rights Council (UNHRC).

Sri Lanka brought the war to a successful conclusion in May 2009.

London-based Meenakshi Ganguly said that they sought a strong resolution on Sri Lanka to address all international crimes, including those that occurred during the conflict. “Indian troops had been deployed at the invitation of the then Sri Lankan government to enforce a truce agreement, and the abuses that occurred at that time should be properly investigated and those responsible held to account.

Ganguly said so when The Island sought their stand as regards India’s accountability. The Island asked her whether she believed the latest Geneva Resolution should also address India’s accountability as the Indian Army, too, had been accused of atrocities during its deployment in Northern and Eastern parts of Sri Lanka (July 1987-March 1990) and India having sponsored half a dozen terrorists groups in Sri Lanka?

The 51 regular sessions of the UNHRC are underway.

Ganguly responded on behalf of South Asia Regional Director, Amnesty International, Programme Manager, UN Advocacy, Asian Forum for Human Rights and Development (FORUM-ASIA), Human Rights Watch and UN Representative & Senior Legal Adviser, International Commission of Jurists.

However, Lucy McKernan, Acting Geneva Director, Human Rights Watch didn’t respond to The Island query.

Sri Lanka Core Group led by the UK has submitted a new resolution demanding punitive action against Sri Lanka. Former Minister and leader of Pivithuru Hela Urumaya (PHU) Udaya Gammanpila on Monday warned that Sri Lanka could lose the vote on the new resolution by a big margin in the 47-member council. The PHU leader warned that it could be tied to aid to Sri Lanka.

The four international human rights groups declared that the UNHRC should adopt a strong resolution that strengthened current UN mandates on accountability for crimes under international law and monitor Sri Lanka’s deteriorating human rights situation. They emphasized that the resolution should also request Sri Lanka to address the ongoing abuses, including by ending use of the draconian Prevention of Terrorism Act.

Asked whether the Indian intervention, too, should be investigated by Geneva, the Global Tamil Forum (GTF) spokesperson Suren Surendiran said that “Root causes why the Tamil youth took up arms in 1983 thirty five years after independence, Tamil political leaders tried their best to resolve through political negotiations the inequality, blatant discrimination and treatment of Tamils as second class citizens through constitutional means by successive Sinhala leaderships in the south should/must be publicly established. If part of that investigation should include the Indian involvement, so be it.”

Surendiran said that “Truth seeking mechanism is one of the four transitional justice pillars. Therefore, it is an important initiative. However, just by itself will not resolve or be accepted as part of serving justice to victims. Addressing accountability through a credible international mechanism needs to be part of the program. That’s what resolution 30/1 was going to address. However, successive governments of Sri Lanka keeps deferring or intentionally avoiding addressing this very point. Hence the resolution 46/1 went with the recommendations of the High Commissioner to address accountability via collecting and preserving evidence and serving justice through other international mechanisms including, universal jurisdiction.

“We know how pathetically successive governments have tried to hoodwink the international community by a half-baked Office of Missing Persons (OMP) and other reparation ideas.

“Until Sri Lanka acknowledges that international laws were breached during the war, especially at the end of the war, and charges persons who had command responsibility including the then political and civil service leaders, there will not be any let up by the international community. This is not just to punish for the alleged crimes committed but to ensure that there won’t be any such breaches of international law elsewhere in the world in the future.”



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Judicial vacancies: President keeps country guessing

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President

The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.

A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.

Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.

SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.

He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.

The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.

There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.

by Shamindra Ferdinando

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Sajith calls on Opposition parties to rally around SJB

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Sajith

SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.

A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.

The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.

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Ex-EC Chief slams govt. over PC polls delay

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Deshapriya

Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.

Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.

Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.

“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.

Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.

He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.

The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.

He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.

Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.

He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.

According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.

“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.

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