News
Post-war reconciliation: Govt. ponders judicial powers for TRC, special court
ISTRM Chief Dr. Gunawansa, PC, says existing draft can be amended
By Shamindra Ferdinando
Director General of the Interim Secretariat for the Truth and Reconciliation Mechanism (ISTRM), Dr. Asanga Gunawansa, PC, says the draft of the law to establish a Commission for Truth, Unity and Reconciliation in Sri Lanka can be amended to enable the proposed Commission for Truth, Unity and Reconciliation (CTUR) to have prosecutorial and/or judicial powers. Otherwise, a special court could be established to address the need, Dr. Gunawansa told The Island.
The top official said so in response to our query based on President Ranil Wickremesinghe’s recent declaration at the inauguration of the Clinical Training and Research Block at the Faculty of Medicine, University of Jaffna that his government was considering whether the TRC should wield judicial authority or a separate court should be set up based on TRC recommendations.
The President’s Media Division (PMD) quoted Wickremesinghe as having said he had tasked the relevant ministers in consultation with parliamentarians and ambassadors to draft legislation for parliamentary review. The President declared that the decision on prosecutorial and/or judicial powers for CTUR or special court was of paramount importance. Among those present on the occasion were Tamil National Alliance (TNA) lawmakers, M. A. Sumanthiran, PC, and Dharmalingham Siddharthan representing the Illankai Thamil Arasu Kachchi and People’s Liberation of Organization for Tamil Eelam (PLOTE), respectively. Eelam People’s Democratic Party (EPDP) leader Douglas Devananda was also present.
Asked to explain the status of the ongoing deliberations on the issues pertaining to prosecutorial and/or judicial powers for CTUR or establishment of a special court, Dr. Gunawansa said this was a matter that should be decided by the government.
The President’s Counsel said: “As any law to come into operation required the approval of the Parliament, it is eventually up to the Parliament to decide whether the proposed law should have provisions which enabled the CTUR to wield judicial power or for that purpose or the establishment of a special court. If a special court is to be established, then the relevant articles in the Constitution as well as the Judicature Act amongst other relevant laws may have to be carefully considered.”
Dr. Gunawansa added: “The objectives of any system of transitional justice are to provide for a platform for establishing truth, reconciliation, reparation for victims, taking measures for non-recurrence of violence and abuse of human rights and enabling legal action against abusers of human rights and criminal offenders.”
Responding to another query, the ISTRM Chief disclosed that the current draft of the proposed law that has been gazetted did not go as far as establishing a separate court. However, it included provisions which enabled the relevant competent authorities such as the Attorney General and the Police to consider criminal action pursuant to investigations based on information revealed during the truth-seeking process followed by the Commission and on the recommendations made by the Commission, Dr. Gunawansa said.
However, as the President declared in Jaffna, if pursuant to the consolations and discussions with the relevant stakeholders if it is felt that the proposed commission should have prosecutorial and/or judicial powers or in the alternative, a special court should be established for such purpose, then provisions can be introduced to the current draft of the law before it is presented to the Parliament, the official said.
Pointing out that the current draft of the proposed law had been initially developed over a period of time immensely aided by more than 7000 consultations conducted by the Consultations Task Force on Reconciliation Mechanisms (CTFRM) that was headed by the late Manouri Muttetuwegama. The CTFRM’s final report was presented in Nov 2016.
Since the establishment of the ISTRM in September 2023, under Dr. Gunawansa’s leadership the outfit has carried out approximately 65 consultations with the stakeholders and organized three discussion forums to engage with the interested parties to seek their views on the draft bill and the need for establishing a credible truth-seeking mechanism. ISTRM in line with its overall strategy has given a series of interviews to present the key features of the draft bill to the public.
Commenting on President Wickremesinghe declaration that the issues at hand were complex therefore demanded collective cooperation and engagement from all stakeholders and he discussed this matter with the members of Parliament from the North and the East, Dr. Gunawansa said that establishment of a system of transitional justice focusing inter alia on reconciliation and non-recurrence of violence required consensus amongst all stakeholders.
The armed forces brought the war to a successful conclusion in May 2009.
Dr. Gunawansa said; The ethnic issue and the related violence and civil war like situation that prevailed in the island during the period 1983 to 2009 has several root causes that needs careful consideration and they need to be addressed by implementing measures acceptable to all stakeholders. Even though we feel that there is peace in the island, especially in the north and the East since 2009, there are victims of violence and war from all races and ethnicities of our country spread out all over the island and these victims have continuing grievances which need to be addressed.
“It is in order to address the aforesaid concerns that the Cabinet under the guidance of the President has decided to present a law to establish a Commission for Truth, Unity and Reconciliation in Sri Lanka, to the Parliament for consideration and approval by the Parliament. This law is currently ready as a concept paper and has been Gazetted in all three languages to bring it into public domain so that all relevant stakeholders, including victims, civil society organisations, and politicians could examine it, comment on it and make suggestions.”
Referring to President Wickremesinghe reference to economic hardships and the failure on the part of successive governments to allocate required funds for the post-war reconciliation process, Dr. Gunawansa said in spite of difficulties the government established ISTRM to lay the foundation for setting up the CTUR, subject to the proposed law being approved by the Parliament.Dr. Gunawansa appreciated the support extended by President Wickremesinghe, Foreign Minister Ali Sabry, PC, and Justice Minister Dr. Wijeyadasa Rajapakshe, PC.
News
Opposition slams sitting HC judge’s appointment as Justice Ministry Additional Secretary
… alleges Prez trying to control judiciary
Opposition grouping ‘Mahajana Handa’ has accused President Anura Kumara Dissanayake of trying to exercise control over the judiciary by appointing a sitting High Court judge as Additional Secretary to the Justice and National Integration Ministry.
Addressing the media at Dr. N. M. Perera Centre, Punchi Borella, on Tuesday (20) top Opposition spokesman and former External Affairs Minister Prof. G. L. Peiris warned the High Court judge D.M.D.C. Bandara’s appointment was nothing but a direct executive intervention in the judiciary.
Responding to The Island queries, Prof Peiris asked how the government could compel courts to deal with a sitting judge who functioned as Secretary to the Justice and National Integration Ministry.
Prof. Peiris explained that the latest move by the Executive should be examined taking into consideration the attacks on Attorney General Parinda Ranasinghe Jr, PC., the deliberate delaying of the appointment of Auditor General and the controversy over the process of promotions of Judicial Officers, Judges of the High Court and the Court of Appeal in Sri Lanka. Prof. Peiris pointed out that the Bar Association of Sri Lanka (BASL) had raised those controversial promotions with President Anura Kumara Dissanayake.
D.M.D.C. Bandara, Senior Assistant Secretary, Judicial Service Commission, was among altogether 18 High Court judges appointed by President Dissanayake in early Sept this year. The group consisted of 17 Special Class Judicial Officers and a Senior State Counsel serving in the Attorney General’s Department.
Referring to a recent meeting ‘Mahajana Handa’ representatives, including him had with the Mahanayake theras of the Asgiriya and Malwatta Chapters in Kandy, Prof. Peiris said that they had received the blessings of the Mahanayakes to go ahead with what he called a programme of action meant to address major issues.
Prof. Peiris said they would initiate talks with other like-minded political parties and groups in this regard soon. Referring a protest held at the Hulftsdorp on Wednesday (21) demanding the removal of the AG Ranasinghe, Prof. Peiris emphasized that the government’s hand in that demonstration was very clear. President Ranil Wickremesinghe appointed him as the AG in July 2024 with the unanimous backing of the Constitutional Council.
Prof. Peiris said that action was yet to be initiated to appoint new civil society representatives to the Constitutional Council. That issue hadn’t received sufficient public attention, Prof. Peiris said, urging President Dissanayake to come down from his high horse.
Asked whether the President could appoint a sitting judge as an Additional Secretary to a Ministry without consulting the Chief Justice and President of the High Court Judges Association, sources familiar with the issues at hand said that certain appointments could be made on secondment. However, that has to follow the proper procedure, sources said.
The Island sought a response from the Justice and National Integration Ministry to the accusations made by Prof. Peiris on behalf of ‘Mahajana Handa,’ but did not receive one until this edition went to press.
By Shamindra Ferdinando ✍️
News
Largest narcotics haul in SL history seized last year: Police Spokesman
The largest narcotics haul in Sri Lanka’s history was seized last year, according to Police Media Spokesperson and Assistant Superintendent of Police F.U. Wootler.
Addressing a media briefing at the Department of Government Information at Narahenpita on Wednesday (22), ASP Wootler said nationwide operations carried out under Operation Ratama Ekata had helped curb the spread of illicit drugs.
He said police taken into custory 10,871 kilos of heroin, cannabis, ice, hashish and cocaine in 2024, while seizures rose sharply to 23,692 kilograms and 307 grams in 2025.
by Norman Palihawadane ✍️
News
Power policy consultation ‘sham’, say consumers
The Electricity Consumers’ Association has raised serious concerns over the consultation process for the proposed National Electricity Policy, describing it as inadequate and legally questionable.National Secretary of the Association, Sanjeewa Dhammika, said he had been given only 30 minutes to present his views on the policy at a meeting held on Wednesday (21) at the Ministry of Power and Energy.
He said that although six members had been appointed to the National Policy Committee, only three were present at the meeting, casting doubt on the credibility and seriousness of the process.
Dhammika also criticised the absence of Dr. Tilak Siyambalapitiya, who is widely reported to have drafted the policy, from the committee meeting.
“He wrote the policy and then walked away. We didn’t even get a chance to question him,” Dhammika said.
He alleged that the consultation lacked proper notice and planning, noting that he had been informed only by a phone call the previous evening and asked to attend the meeting the following morning.
“This is not how public views should be obtained on a national policy. It should have been done well in advance, in a systematic and transparent manner. It wasn’t even communicated to the media,” he said.
Comparing the process to the public consultation mechanisms used by the Public Utilities Commission of Sri Lanka (PUCSL), Dhammika described the exercise as a “makeshift, token process.”
He also raised concerns over the composition of the committee, stating that the inclusion of a retired senior official of the Ceylon Electricity Board—whom he said bears responsibility for the current state of the power sector and continues to favour coal power while opposing renewable energy—was a serious issue.
According to Dhammika, the proposed National Electricity Policy has been drafted in violation of existing laws.
“Under the current law, the authority to determine electricity tariffs lies with the Public Utilities Commission of Sri Lanka. Through this new policy, there is an attempt to remove those powers from the Commission,” he alleged.
He warned that the policy centralises key decision-making powers—including licensing, power plant acquisitions, power infrastructure development, and renewable energy decisions—into the hands of a few individuals, calling it a high-risk approach.
“This is similar to how the Education Act was distorted under the guise of education reforms. It is shocking to see whether this is what the government calls a progressive new law,” he said.
The Electricity Consumers’ Association strongly opposes the formulation of the policy, with Dhammika describing it as “one of the most failed initiatives seen in recent times.”
He said that if implemented in such a haphazard way, the policy would result in higher electricity bills for low-consumption users, while high-consumption users would benefit from reductions of approximately 38% to 45%.
Dhammika also alleged that the policy discourages the solar power industry and promotes a diesel- and coal-dependent energy model driven by vested interests aligned with oil-based power generation.
By Anuradha Hiripitiyage ✍️
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