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
Harsha flays govt. over plan to pass coal, Treasury losses to public
Chairman of the Public Finance Committee Dr. Harsha de Silva, MP, yesterday (31) said that the National People’s Power (NPP) government was going ahead with a controversial move to pass on the massive losses caused by the coal scam to the public. The government also intended to recover USD 2.5 (approximately Rs 800 mn) lost by the Treasury from the people by introducing an amendment to the Budget, the Opposition lawmaker alleged.
Dr de Silva said that the government had been compelled to increase the supply of diesel for the oil-fired power plants to meet the Norochcholai generation shortfall due to the use of substandard coal.
Responding to The Island queries, the former State Minister said that regardless of repeated assurances that electricity consumers wouldn’t be burdened for the lapse on their part, the government, in writing, has assured the International Monetary Fund (IMF) to recover the losses from the public. This came to light after the IMF released the Letter of Intent submitted by the government following the completion of the combined Fifth and Sixth Reviews under the Extended Fund Facility (EFF) programme to receive USD 695 mn.
Commenting on the specific assurance as regards the upward revision of fuel prices and electricity tariffs, MP de Silva pointed out the government’s assurance of its commitment to cost-recovery pricing for fuel and electricity meant that subsidies provided to ease the burden on households and businesses would remain within budgeted limits and be phased out by the end of September 2026.
Welcoming the USD 695 mn IMF loan, MP de Silva said that in terms of the agreement between the government and the IMF, the relief would end once Rs 100 bn allocated to provide relief was spent on subsidies on fuel (Rs 57 bn), electricity (Rs 15 bn) and the rest on ‘Aswesuma’ social welfare scheme and fertiliser.
MP de Silva said that the crisis should be examined taking into consideration that Sri Lanka paid very high prices to procure fuel in the wake of the continuing turmoil in West Asia. He noted that having perpetrated a coal scam the government could not under any circumstances absolve itself of responsibility for the skyrocketing electricity tariffs.
Commenting on the Sri Lanka-IMF agreement, lawmaker de Silva lambasted the government for utterly chaotic and poor management of the economy. Severe criticism was directed at the government over the rapid depreciation of the rupee against the USD and the NPP’s pathetic performance. Amidst speculation that De Silva may switch allegiance to the NPP, the MP also posted a video in which he flayed the government alleging the NPP couldn’t take forward measures taken by former President Ranil Wickremesinghe.
MP de Silva explained how the people would end paying for the theft of USD 2.5 by way of an amendment to the Budget. The MP told The Island that assurance meant that the government acknowledged that there was no hope of recovering USD 2.5 mn though they talked of investigations and progress being made. De Silva called for a combined Opposition effort to pressure the government to act responsibly in the face of growing challenges.
The government couldn’t lie as the relevant IMF report and the government letter of intent were in the public domain, Dr de Silva said.
by Shamindra Ferdinando
News
PM opens Vesak pandals
Two Vesak pandals erected in the Colombo area to mark Vesak Poya were ceremonially opened under the patronage of Prime Minister Dr. Harini Amarasuriya.
The Prime Minister first opened a pandal depicting the Sambula Jataka, constructed by the Sri Vaishakya Society of the Borella Magazine United Traders’ Association. She subsequently attended the opening of another pandal at the Grandpass Kosgas Junction, which portrays the Samudra Vanija Jataka tale, and ceremonially inaugurated it by lighting a traditional coconut-oil lamp.
The event was attended by members of the Maha Sangha, clergy of other faiths, Members of Parliament Dr. Najith Indika, Attorney-at-Law Lakmali Hemachandra and Dilith Jayaweera, Deputy Inspector General of Police Nihal Thalduwa, former Member of Parliament Thilanga Sumathipala, and President of the Magazine United Traders’ Association Palitha Herath, among others.
News
UNP challenges NPP move to amend Vihara – Devalagam Act
The UNP yesterday said that the government did not have the power to establish a Dharma Court. According to the Constitution, neither the executive, the legislature nor the judiciary had the power to interpret the Dharma, it added. The power to pass laws on disciplining the clergy had been granted to Parliament in terms of Article 105 of the Constitution, the UNP said, emphasising that the ultimate powers lay with the committees of the respective sects.
The UNP said so in response to President Anura Kumara Dissanayake’s recent speech that a concept paper had been submitted for amending the Vihara – Devalagam Act and the Cabinet had approved it. The President further stated that he had held a discussion with the Registrar, the Commissioner for Buddhist Affairs and the Attorney General. It is not known whether he discussed the matter with the Buddhist MPs in the Opposition.
Excerpts of the statement issued by former President Ranil Wickremesinghe’s Office: ” President Anura Kumara Dissanayake has recently publicly agreed to a call to take the same measures as previous kings in cases where the Buddhist religion is distorted under the guise of Dhamma.
Over our history we have seen some kings kill the Sangha during their reigns. The JVP also killed the Sangha in the same way during the years 1987-89.Kotikawatte Saddhatissa, Weltota Pangnadassi, Beligalle Mahinda, Kumbagoda Gnanaloka, Athurugiriya Pangnatissa, Soragune Pangnasara, Pelpola Dharmapala, Kandy Dhammarakkhitha and many other monks are included in the list of the JVP’s assassinations.
Apart from shedding the blood of the Buddha, the greatest sin that Buddhists can commit is the killing of the Sangha. The JVP has not apologised for the killings. Is it moral for the President to accept this invitation without first taking this step?
In addition to killing the Sangha, the JVP also looted valuable historical items from the monasteries and temples.
The JVP has never accepted that Buddhism should be given priority politically. The JVP has always acted against Buddhism.
A major question that arises from this is whether the JVP, which has a history of killing monks, can do such a thing after taking power. What is the hidden motive here?
Mr. J. R. Jayewardene took steps to include a separate chapter in the 1978 Constitution to take necessary measures for monks who behave undisciplined and engage in crimes. Provisions were made for the establishment of a Sangha Court to decide on the discipline of monks.
What did the NPP government done during the Sinhala and Tamil New Year? It disrupted all the auspicious signs. While the whole world was celebrating Vesak Poya on May 1st, the Vesak Poya day in Sri Lanka was postponed to a later date in order to hold political rallies.
There is no objection to taking action against unruly monks. But there is a procedure for how to discipline monks. Cabinet papers related to this should be prepared and presented to the Maha Sangha led by the Mahanayaka Theros and then a decision should be taken. Everything should be carried forward according to the existing tradition in the country.
The President has also expressed his views on taking monks to court. He has expressed such views without understanding the tradition. Taking wrong-doing monks to court in their robes is not something that only happened yesterday. Thalduwe Somarama and Mapitigama Buddharakkhita were presented to court wearing their robes for the assassination of Mr. Bandaranaike and later their robes were removed. This is not limited to monks. Father Mathew Peiris first came to court for legal proceedings wearing his robe. Accordingly, the monks who are currently acting in an undisciplined manner must also follow the same procedure that was implemented earlier.
The President mentioned in his speech that a concept paper was submitted for amending the Vihara – Devalagam Act and the Cabinet agreed to it. The President further stated that he had held a discussion with the Registrar, the Commissioner for Buddhist Affairs and the Attorney General. It is not known whether he had discussed this matter with the opposition Buddhist parliamentarians. This work has all been done only by the government without any consultation.
The government does not have the power to establish a Dharma Court. According to the Constitution, neither the executive, the legislature nor the judiciary have the power to interpret the Dharma. The power to pass laws on disciplining the clergy has been given to Parliament under Article 105 of the Constitution. However, the final powers lie with the committees of the respective sects. At present, this work has been done by the cabinet, officials and a handful of monks of a government that does not accept Buddhism.
The temples with the most assets and properties today are in the monasteries and temples that fall under the Vihara – Devalaya Village Act. It is no secret that the Janatha Vimukthi Peramuna (JVP) is taking the position that these temples should be taken under government control. There is a strong suspicion that the Dharma Court is being created for this purpose.
An organized program to destroy Buddhism is being implemented today through government-affiliated social media. A section of civil society is also involved in it. What is always happening today is the marginalization of the Buddhist monastic-lay opinion.In the President’s speech, a reference was also made to the holding of the World Buddhist Congress in this country under the current government.
Such a situation is also indicated in the Vasala Sutta.
“Na jaccha vasalo hoti,
Na jaccha hoti brahmano;
Kammana vasalo hoti,
Kammana hoti brahmano”
Its Sinhala meaning is as follows.
“One is not a householder by birth.Nor is one a Brahmin by birth.One becomes a householder or a Brahmin by one’s actions.”
-
News3 days agoIMF urges Lanka not to meddle with exchange rate
-
News7 days agoEaster Sunday carnage: Court told Maulana’s statement cannot be accepted without cross-examination
-
News7 days agoUK passport holder hiding here wants to have deportation order rescinded to leave without blemish
-
Business4 days agoSri Lanka’s construction industry losing ground while no one watches
-
Opinion7 days agoUndermining the democratic political framework
-
News3 days agoState of emergency extended
-
Features4 days agoThe Division Bell Mystery
-
Midweek Review6 days agoIsraeli-US aggression won’t go unanswered -Iranian Ambassador
