Features
Post-War Reconciliation Process: Human Rights violation
By Dr. S.W. Premaratne
Attorney-at-Law
At each session of the United Nations Human Rights Council (UNHRC), in Geneva, at which the Post-War Reconciliation Process in Sri Lanka was considered, special attention was drawn to the issue of alleged violation of human rights, and humanitarian law, during the last stage of the war, and also the need for taking remedial steps for improving the human rights situation in Sri Lanka. In this article, attention of the reader is drawn to the inconsistency, and contradictory nature of the policy, adopted by successive governments, in Sri Lanka, in response to the role played by the United Nations, and the adverse effect of the failure on the part of the Sri Lankan government to be guided by a consistent and diplomatically pragmatic policy.
Joint Statement of the UNSG and the President of Sri Lanka in 2009
Immediately after the conclusion of the war, in May 2009, the United Nations Secretary General (UNSG), Ban Ki-moon, paid a visit to Sri Lanka and, after a discussion with President Mahinda Rajapaksa, a joint statement was issued on May 23, 2009. According to the Joint Statement, Sri Lanka agreed to attend to the immediate needs of the people, affected by the war, and to initiate a reconciliation process, with the objective of achieving durable peace and economic development, for the benefit of all sections of the Sri Lankan population. The President also gave an assurance, to the UNSG, to attend to the matters that need the most urgent attention, such as the re-settlement of Internationally Displaced Persons (IDP), reconstruction of damaged infrastructure, rehabilitation and reintegration of former child soldiers, and ex-combatants, to civilian life. Of course, the Mahinda Rajapaksa government did not hesitate to attend to most of the above-mentioned immediate needs of the war-affected people, in the North-East.
In the joint statement of the UNSG and the President of Sri Lanka, the most significant part was the expression of the Sri Lankan government’s commitment to the promotion and protection of human rights, in keeping with the international human rights standards, and Sri Lanka’s international obligations. It is also very significant that the UNSG underlined the importance of an accountability process for addressing the violations of international humanitarian and human rights law. According to the joint statement, the President agreed to the need for establishing a mechanism for holding an independent investigation into the allegations of serious violations of human rights, and humanitarian law, both by the LTTE and the Sri Lankan armed forces, committed during the last stage of the war. In expression of Sri Lanka’s strong commitment to fulfill the obligations, in respect of promoting human rights, the Sri Lankan government made a proposal, entitled “assistance to Sri Lanka in the promotion and protection of human rights,” to the UNHRC, on May 27, 2009.
The Sri Lankan government, thereafter, proceeded to appoint the Lessons Learnt and Reconciliation Commission. The LLRC has made a comprehensive analysis of the causes of the conflict and the remedial steps that should be taken by the government for restoration of durable peace and reconciliation. Regarding the issue of violation of human rights, the following recommendations were made by the LLRC:
(i) Launching a full investigation into incidents of disappearance of persons, after surrender to official custody, and, where necessary, instituting prosecutions. According to the LLRC recommendations, instituting prosecutions against the offenders is an imperative, also for the purpose of clearing the good name of the Sri Lankan Army “who have, by and large, conducted themselves in an exemplary manner, in the surrender process”.
(ii) To investigate the specific instances, referred to in the Report, and any reported cases of deliberate attacks on civilians. If the investigations disclose the commission of any offences, appropriate legal action should be taken to prosecute/punish the offenders.
(iii) Regarding the controversial “Channel 4 Video” the LLRC recommended an independent investigation to find out the truth, or otherwise, of the video footage. If such investigation reveals the commission of any offences, it is necessary to prosecute such offenders.
(iv) The Commission also recommended the investigation of alleged disappearances and provide material to the Attorney General to institute criminal proceedings.
(v) The LLRC also brought the attention of the government to instances of persons being detained in custody for a long period of time, under the Prevention of Terrorism Act.
Although the government, led by President Mahinda Rajapaksa, initially indicated its willingness to fulfil the commitments undertaken, with respect to the violation of human rights, and humanitarian law, by the Sri Lankan armed forces and the LTTE, on the occasion of issuing the joint statement with the Secretary General, it became clear, subsequently, that the political leaders in power, led by President Rajapaksa, did not have the political will to act. They were guided by the mindset that by defeating the LTTE, who were generally recognized, at that stage, as a terrorist movement, the Sri Lankan armed forces had been able to unite the country and restore peace after making innumerable sacrifices and, therefore, there was no need for a reconciliation process.
The sponsors of the Resolution 19/2, adopted before the UNHRC, in Geneva, in 2012, required the Sri Lankan government to implement the recommendations of the LLRC. The need for holding an investigation into the allegations of serious violations of human rights, and humanitarian law, during the last stage of the Eelam War IV, was emphasised in the UNHRC Resolutions, adopted in 2012, and the subsequent resolutions, adopted in 2013 and 2014.
Regarding the involvement of the international community, as members of the United Nations and the UNHRC, in a reconciliation process, the attitude of the Mahinda Rajapaksa government was that Sri Lanka being a sovereign state, the other countries, or even the UN, had no right to interfere with or make any recommendations, regarding the settlement of domestic issues of Sri Lanka. The representatives of the Sri Lankan government, who participated in the UNHRC sessions, argued that the officials of the UN and the UNHRC, interfering in the domestic issues of Sri Lanka, amounts to violation of sovereignty of this country. Therefore, such interventions are illegal and as such Sri Lanka was not bound to implement these recommendations of the UNHRC. Regarding the allegation of serious violations of human rights, the response of the Sri Lankan government was that Eelam War IV was a humanitarian operation, conducted strictly in adherence to human rights law, and humanitarian law, and in the course of the military operations, violations of human rights were committed, only by the LTTE.
Regime change in 2015
A change of attitude, towards the involvement of the international community, could be observed during the Yahapalana administration, led by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe (2015-2019).
The representatives of the Sri Lankan government, at the UNHRC sessions, in Geneva, co-sponsored the Resolution 30/1, which required the Sri Lankan government to hold a credible investigation, by a hybrid tribunal, consisting of both local and foreign judges, to investigate alleged violation of human rights, and humanitarian law, by the members of the armed forces, and the LTTE, during the last stage of the war.
It can be stated that the Sri Lankan government, at that stage, adopted a pragmatic approach by co-sponsoring the resolution. At that stage, the Sri Lankan government felt the state of insolation from the international community, including India, that supported the sponsors of the Resolution against Sri Lanka. The Yahapalana government perceived serious negative consequences if the Sri Lankan government continued to oppose the UNHRC resolutions.
The Yahapalana government also took several constructive steps that contributed towards the creation of a conducive environment for meaningful reconciliation. Foreign Minister of Sri Lanka, Mangala Munasinghe, who participated in the UNHRC sessions, during which the Resolution 30/1 was co-sponsored, informed the UNHRC that the government would initiate a domestic mechanism, after consulting all parties who have a stake in an effective reconciliation process. The Yahapalana government was able to establish domestic mechanisms, such as the Office of Missing Persons (OMP), and the Office for Reparations. These institutions were able to function effectively, at the initial stage. Signing of the International Convention, on the protection of all persons from enforced disappearance, on May 25, 2016, and drafting a Bill for the repeal of the Prevention of Terrorism Act, are some of the progressive steps taken by the Yahapalana government.
Recapture of Political Power by Rajapaksa brothers
The Presidential election, held in November, 2019 and the General elections, in August 2020, brought back to power same political leaders who ruled the country, prior to 2015. This change of government resulted in the reversal of the Sri Lankan government’s policy towards involvement of the UN in the reconciliation process in Sri Lanka. The government, led by the Rajapaksa brothers, opposed the Resolutions brought before the UNHRC, in Geneva, against Sri Lanka and adopted the same confrontationist approach towards the UN’s involvement in the reconciliation process. Co-sponsoring the Resolution 30/1 and co-operating with the UNHRC, by the Yahapalana government, was projected to the Sri Lanka electorate, during the election propaganda campaigns, as an unpardonable betrayal of the armed forces, and the Sri Lankan nation, by the Yahapalana government.
46th Sessions
The Resolution, titled “Promoting reconciliation, accountability and human rights,” was adopted by the UNHRC, in Geneva, on March 23, 2021, during the 46th Sessions. By this resolution, a mandate was given to the High Commissioner for Human Rights for initiating a fresh inquiry, outside Sri Lanka, regarding the accountability issues. In this resolution, there is a provision according to which the Office of the High Commissioner for Human Rights is authorized to take on the role of collecting evidence to be used in such prosecutions in the future.
Foreign Minister Prof. G.L. Peiris, making a statement to Parliament of Sri Lanka, subsequent to the adoption of the Resolution before the UNHRC, stated that by the adoption of this resolution, the UN sought to interfere in matters essentially within the domestic jurisdiction of Sri Lanka. He further stated that there was no moral right to interfere into affairs of a sovereign country in this manner. The Minister said that “Sri Lanka categorically rejects this unprecedented proposal in the Resolution”.
48th, 49th and 50th Sessions of the UNHRC
In the reports submitted by the UN High Commissioner for Human Rights, Michelle Bachelot, at the 48th, 49th and 50th Sessions of the UNHRC, she brought the attention of the Sri Lankan government to the concerns of the UNHRC, regarding inadequate progress in the human rights situation, and also the inadequate action taken regarding the investigation of alleged human rights violations, during the last stage of the war.
Her reports also dealt with the various aspects of human rights violations that occurred in Sri Lanka, under the Rajapaksa administration. She made special reference to the increasing militarization of the civil functions of the government, intimidation and harassment of human rights defenders, and journalists, and members of civil rights organizations, which criticized government policies, and detention of individuals, for long periods of time, without trial, under the Prevention of Terrorism Act.
In the report submitted at the 49th sessions, the High Commissioner stated that the OHCHR had already established a “Sri Lanka Accountability Project” and even allocated funds for it. In the report submitted at the 50th Sessions also she referred to this “Accountability Project” outside Sri Lanka, which may have serious consequences a far as Sri Lanka’s relations with leading democratic countries are concerned, especially at a time Sri Lanka is grappling with a veryserious economic crises.
Anti-government protests in Sri Lanka
Only a few hours after President Ranil Wickremesinghe assuming duties of his office, the armed commandos of the Police and troops of the security forces were used to disperse the peaceful, unarmed protesters from the Presidential Secretariat area of the Galle Face, in the early hours of 22nd July. Attention of the international community has been drawn to the undemocratic step of imposing a State of Emergency, and initiating an operation for arresting the protesters who played a leading role in the protest campaign. A message from the US and the Sri Lanka core-group of the UNHRC stated: “The Human Rights Council Sri Lanka Core-Group is dismayed at the violation which took place at Galle Face. We call for full respect for human rights and rule of law”.
Even prior to this unlawful act of attacking the protesters, on July 22, the Special Rapporteur on Freedom of Peaceful Assembly, in his report to the UNHRC, at the 50th Session, held in June 2022, had already warned that Sri Lanka police frequently appear to respond to protests by arresting their participants, in violation of the right to freedom of peaceful assembly”.
Conclusion
The fact that the core-group, and their supporting members of the UNHRC, are determined to go ahead with a project, outside Sri Lanka, for investigating the allegations of serious violations of human rights, and humanitarian law, during the last stage of the war, and continued vigilance of the democratic members of the UNHRC, regarding the deteriorating human rights situation in Sri Lanka, after the conclusion of the war, has caused irreparable injury to Sri Lanka’s friendly relations with these countries. There is no doubt that the Sri Lankan government is now concerned about the highly damaging consequences of the failure to adopt a consistent and diplomatically pragmatic policy in respect of the role assumed by the UN to ensure that Sri Lanka would initiate and proceed with a credible and transparent reconciliation process after the conclusion of the war.
Sri Lanka needs to take full stock of its current economic situation and use to the maximum the potential in its GSP+ facility for export sector growth. In the process, it should ensure that it cooperates fully with the European Union. The urgency of undertaking these responsibilities is underscored by the issues growing out of the recent US decision to sweepingly hike tariffs on its imports, though differentially.
These were principal ‘takes’ for participants in the Pathfinder Foundation’s Ambassadors’ Roundtable forum held on April 8th at the Colombo Club of the Taj Samudra. The main presenter at the event was Ms. Carmen Moreno Raymundo, Ambassador of the European Union to Sri Lanka and the Maldives. The forum was chaired by Ambassador Bernard Goonetilleke, Chairman, Pathfinder Foundation. The event brought together a cross-section of the local public, including the media.
Ms. Moreno drew attention to the fact Sri Lanka is at present severely under utilizing its GSP+ facility, which is the main means for Sri Lanka to enter the very vast EU market of 450 million people. In fact the EU has been Sri Lanka’s biggest trading partner. In 2023, for instance, total trade between the partners stood at Euros 3.84 billion. There is no greater market but the EU region for Sri Lanka.
‘However, only Sri Lanka’s apparel sector has seen considerable growth over the years. It is the only export sector in Sri Lanka which could be said to be fully developed. However, wider ranging export growth is possible provided Sri Lanka exploits to the fullest the opportunities presented by GSP+.’
Moreno added, among other things: ‘Sri Lanka is one among only eight countries that have been granted the EU’s GSP+ facility. The wide-ranging export possibilities opened by the facility are waiting to be utilized. In the process, the country needs to participate in world trade in a dynamic way. It cannot opt for a closed economy. As long as economic vibrancy remains unachieved, Sri Lanka cannot enter into world trading arrangements from a strong position. Among other things, Sri Lanka must access the tools that will enable it to spot and make full use of export opportunities.
‘Sri Lanka must facilitate the private sector in a major way and make it possible for foreign investors to enter the local economy with no hassle and compete for local business opportunities unfettered. At present, Lanka lacks the relevant legal framework to make all this happen satisfactorily.
‘Sri Lanka cannot opt for what could be seen as opaque arrangements with bilateral economic partners. Transparency must be made to prevail in its dealings with investors and other relevant quarters. It’s the public good that must be ensured. The EU would like to see the local economy further opening up for foreign investment.
‘However, it is important that Sri Lanka cooperates with the EU in the latter’s efforts to bring about beneficial outcomes for Sri Lankans. Cooperation could be ensured by Sri Lanka fully abiding by the EU conditions that are attendant on the granting of GSP+. There are, for example, a number of commitments and international conventions that Sri Lanka signed up to and had promised to implement on its receipt of GSP+ which have hitherto not been complied with. Some of these relate to human rights and labour regulations.
‘Successive governments have pledged to implement these conventions but thus far nothing has happened by way of compliance. GSP+ must be seen as an opportunity and not a threat and by complying with EU conditions the best fruits could be reaped from GSP+. It is relevant to remember that GSP+ was granted to Sri Lanka in 2005. It was suspended five years later and restored in 2017.
‘The importance of compliance with EU conditions is greatly enhanced at present in view of the fact that Sri Lanka is currently being monitored by the EU with regard to compliance ahead of extending GSP+ next year. A report on Sri Lanka is due next year wherein the country’s performance with regard to cooperating with the EU would be assessed. The continuation of the facility depends on the degree of cooperation.
‘A few statistics would bear out the importance of Sri Lanka’s partnership with the EU. For example, under the facility Sri Lanka benefits from duty free access in over 66% of EU tariff lines. The highest number of tourist arrivals in Sri Lanka in 2023 was from the EU’s 27 member states. Likewise, the EU’s 27 member states rank second in the origin of inflows of foreign exchange to Sri Lanka; with Italy, France and Germany figuring as the main countries of origin. Eighty five percent of Sri Lanka’s exports to the EU market benefits from GSP+. Thus, the stakes for the country are high.’
Meanwhile, President, In-house Counsel & Legal Advisor, The European Chamber of Commerce of Sri Lanka, John Wilson said: ‘GSP+ should be seen as not only an opportunity but also as a necessity by Sri Lanka in the current international economic climate. ‘Implementation of local laws is what is needed. Considering the pressures growing out of the US imposed new tariff regime, a good dialogue with the EU is needed.
‘Sri Lanka’s level of business readiness must be upped. Among the imperatives are: An electronic procurement process, Customs reforms, a ‘National Single Window’, stepped-up access to land by investors, for example, a clear policy framework on PPPs and reform of the work permits system.’
It ought to be plain to see from the foregoing that Sri Lanka cannot afford to lose the GSP+ facility if it is stepped-up economic growth that is aimed at. It would be in Sri Lanka’s best interests to remain linked with the EU, considering the aggravated material hardships that could come in the wake of the imposition of the US’ new tariff regime. Sri Lanka would need to remain in a dialogue process with the EU, voice its reservations on matters growing out of GSP+, if any, iron out differences and ensure that its national interest is secured.
Chit-Chat
Chiara Tissera
Mrs. Queen of the World Sri Lanka 2024, Chiara Tissera, leaves for the finals, in the USA, next month
I had a very interesting chat with her and this is how it all went:
1. How would you describe yourself?
I am a sensitive and passionate individual who deeply cares about the things that matter most to me. I approach life with a heart full of enthusiasm and a desire to make meaningful connections.
2. If you could change one thing about yourself, what would it be?
Actually, I wouldn’t change a thing about myself because the person I am today, both inside and out, is the result of everything I’ve experienced. Every part of me has shaped who I am, so I embrace both my strengths and imperfections as they make me uniquely me.
3. If you could change one thing about your family, what would it be?
If there’s one thing I could change about my family, it would be having my father back with us. Losing him six years ago left a void that can never be filled, but his memory continues to guide and inspire us every day.
4. School?
I went to St. Jude’s College, Kurana, and I’m really proud to say that the lessons I gained during my time there have shaped who I am today. My school and teachers instilled in me values of hard work, perseverance and the importance of community, and I carry those lessons with me every day. I was a senior prefect and was selected the Deputy Head Prefect of our college during my tenure.
5. Happiest moment?
The happiest moment of my life so far has been winning the Mrs. Sri Lanka 2024 for Queen of the World. It was a dream come true and a truly unforgettable experience, one that fills me with pride and gratitude every time I reflect on it.
6. What is your idea of perfect happiness?
Happiness is a deeply personal and multifaceted feeling that often comes from a sense of contentment, fulfillment and well-being. For me, perfect happiness is in moments of joy, peace and accomplishments … and also being surrounded by my loved ones.
7. Are you religious?
Yes, I’m a very religious person. And I’m a firm believer in God. My faith guides me through life, providing strength, dedication and a sense of peace in every situation. I live by the quote, ‘Do your best, and God will do the rest.’
8. Are you superstitious?
I’m not superstitious. I believe in making my own decisions and relying on logic and faith rather than following superstitions.
9. Your ideal guy?
My ideal guy is my husband. He is compassionate, understanding and is always there to support me, no matter what. He’s my rock and my best friend – truly everything I could ever want in a partner.
10. Which living person do you most admire?
The living person I admire the most is definitely my mummy. Her strength, love and unwavering support has shaped me into who I am today. She is my role model and she inspires me every day with her wisdom and kindness.
11. Your most treasured possession?
My most treasured possession is my family. They are the heart of my life, providing me with love, support and strength. Their presence is my greatest blessing.
12. If you were marooned on a desert island, who would you like as your companion?
I would like to have my spouse as my companion. Together, we could make the best of the situation, supporting each other, sharing moments of laughter and finding creative ways to survive and thrive.
13. Your most embarrassing moment?
There’s quite a few, for sure, but nothing is really coming to mind right now.
14. Done anything daring?
Yes, stepping out of my comfort zone and taking part in a pageant. I had no experience and was nervous about putting myself out there, but I decided to challenge myself and go for it. It pushed me to grow in so many ways—learning to embrace confidence, handle pressure, and appreciate my own uniqueness. The experience not only boosted my self-esteem but also taught me the value of taking risks and embracing new opportunities, even when they feel intimidating.”
15. Your ideal vacation?
It would be to Paris. The city has such a magical vibe and, of course, exploring the magical Eiffel Tower is in my bucket list. Especially the city being a mix of history culture and modern life in a way that feels timeless, I find it to be the ideal vacation spot for me.
16. What kind of music are you into?
I love romantic songs. I’m drawn to its emotional depth and the way they express love, longing a connection. Whether it’s a slow ballad, a classic love song or a more modern romantic tune these songs speak to my heart.
17. Favourite radio station?
I don’t have a specific radio station that I like, but I tend to enjoy a variety of stations, depending on my mood. Sometimes I’ll tune into one for a mix of popular hits, other times I might go for something more relaxing, or a station with a certain vibe. So I just like to keep it flexible and switch it up.
18. Favourite TV station?
I hardly find the time to sit down and watch TV. But, whenever I do find a little spare time, I tend to do some spontaneous binge – watching, catching whatever interesting show is on at that moment.
19 What would you like to be born as in your next life?
Mmmm, I’ve actually not thought about it, but I’d love to be born as someone who gets to explore the world freely – perhaps a bird soaring across continents.
20. Any major plans for the future?
Let’s say preparing and participating in the international pageant happening in the USA this May. It’s an exciting opportunity to represent myself and my country on a global stage. Alongside this, I am dedicated to continuing my social service work as a title holder, striving to make a meaningful difference in the lives of others through my platform.
The formation of wrinkles and fine lines is part of our ageing process. However, if these wrinkles negatively impact appearance, making one look older than they actually are, then trying out some homemade remedies, I’ve listed for you, this week, may help in giving your skin a fresher look.
* Banana:
Bananas are considered to be our skin’s best friend. They contain natural oils and vitamins that work very perfectly to boost our skin health. Skincare experts recommend applying the banana paste to the skin.
Take a ripe banana and mash a quarter of it until it becomes a smooth paste. Apply a thin layer of the banana paste on your skin and allow it to sit for 15 to 20 minutes before washing it off with warm water.
* Olive Oil:
Olive oil works as a great skin protector and many types of research suggest that even consuming olive oil may protect the skin from developing more wrinkles. Olive oil contains compounds that can increase the skin’s collagen levels. Yes, olive oil can be used as a dressing on your salads, or other food, if you want to consume it, otherwise, you can apply a thin layer of olive oil on your face, neck and hands and let it stay overnight.
* Ginger:
Ginger serves to be a brilliant anti-wrinkle remedy because of the high content of antioxidants in it. Ginger helps in breaking down elastin, which is one of the main reasons for wrinkles. You can have ginger tea or grate ginger and have it with honey, on a regular basis.
* Aloe Vera:
The malic acid present in Aloe Vera helps in improving your skin’s elasticity, which helps in reducing your wrinkles. Apply the gel once you extract it from the plant, and leave it on for 15-20 minutes. You can wash it off with warm water.
* Lemons:
Lemons contain citric acid, which is a strong exfoliant that can help you get rid of your dead skin cells and wrinkles. Also, as an astringent and a cleansing agent, it helps to fade your wrinkles and fine lines. You can gently rub a lemon slice in your wrinkled skin and leave it on for 10-15 minutes. Rinse afterwards and repeat this process two to three times a day.
* Coconut Oil:
Coconut oil contains essential fatty acid that moisturises the skin and helps to retain its elasticity. You can directly apply the coconut oil, and leave it overnight, after gently massaging it, for the best results.
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Sun directly overhead Hatthikuchchi, Kalankuttiya, Halmillewa, Ipalogama, Palugaswewa and Habarana at about 12:11 noon. today [10]
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