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Referring SL to ICC futile exercise, UK tells pro-LTTE groups
UN Security Council support cannot be mustered for anti-SL move
Minister of State for South Asia and the Commonwealth Lord Tariq Ahmad of Wimbeldon has told the UK-based pro-LTTE groups that the International Criminal Court (ICC) has no jurisdiction to investigate Sri Lanka. The ICC could only do so if Sri Lanka accepted its jurisidiction, or if the UN Security Council adopts a resolution to refer Sri Lanka to the ICC.
The UK didn not think such a step would have sufficient support among Security Council members and it would not help accountability in Sri Lanka for an ICC referral to fail to win Security Council support or be vetoed, Lord Ahmad said.
Ahmad is also the Prime Minister’s Special Representative on Preventing Sexual Violence in Conflict.
The following is the full text of Lord Ahmad’s letter to the pro-LTTE groups:
“Thank you for your correspondence of 1 March and petition regarding the UK’s approach to Sri Lanka at the 46th UN Human Rights Council (UNHRC), and for recommending amendments to the draft resolution.
“I recognise the points you have raised, and understand that achieving justice, peace and accountability is a priority for all Sri Lankans affected by the conflict. Please be assured that this is a long standing priority for the UK, and that we regularly raise the importance of justice and accountability with the government of Sri Lanka, both privately and publicly.
“We have highlighted our concerns about the lack of progress towards accountability and the wider human rights situation, including in our statements to the UNHRC in February, June and September 2020. As Minister of State for South Asia and Minister responsible for Human Rights, I set out our serious concerns about human rights in Sri Lanka in a statement at the UN Human Rights Council on 25 February.
“I have also raised the importance of accountability, justice and reconciliation on several occasions with the Sri Lankan High Commissioner and Sri Lankan Foreign Minister Dinesh Gunawardena, most recently during calls on 12 February and 22 January respectively.
“We will continue to press for a strong role for the UNHRC to help deliver accountability and reconciliation and ensure the protection of human rights in Sri Lanka. The UK is working hard to build support for the new resolution on Sri Lanka. The resolution will provide a continued framework for international engagement on human rights in Sri Lanka, and will highlight our serious concerns about the situation, including those detailed in the recent report of the Office of the High Commissioner for Human Rights (OHCHR).
“It will call on the government of Sri Lanka to make progress on accountability and human rights, and will stress the importance of a comprehensive accountability process for all violations and abuses committed in Sri Lanka. It will keep Sri Lanka firmly on the UNHRC agenda and will request continued and enhanced OHCHR reporting on the human rights situation and on accountability. Importantly, it will also strengthen the capacity of OHCHR to consolidate, preserve and analyse information and evidence to support future accountability processes.
“I take note of your request to make amendments to the draft resolution. We believe the resolution the UK has presented to the UNHRC is an ambitious one that can pass in the face of challenging UNHRC dynamics. Voting members of the Council change every year, and current voting members are not the same as those who voted on previous resolutions.
“The 2021 composition is particularly challenging for consideration of country resolutions. The risk of losing a vote is very serious, and tabling an unwinnable resolution would likely result in the end of any accountability process and would be a crushing blow to the victims and all those who have fought for justice and accountability. A failed resolution would also see Sri Lanka removed from the agenda of the UNHRC, making it more difficult to draw international attention to the human rights concerns identified in the recent report by OHCHR. While we will continue to consider amendments to our resolution during the course of negotiations, we strongly believe that it is the best way of achieving accountability and justice for all those affected by the conflict.
“In your email, you ask that Sri Lanka is referred to the International Criminal Court (ICC). Sri Lanka is not a party to the Rome Statute which established the ICC. As a result, the ICC has no jurisdiction to investigate Sri Lanka. It could only do so if Sri Lanka accepts the jurisdiction of the ICC, or if the UN Security Council refers Sri Lanka to the ICC through a resolution. We do not judge that this step would have sufficient support among Security Council members. Moreover, it would not help accountability in Sri Lanka for an ICC referral to fail to win Security Council support or be vetoed.
“In regards to establishing an International Independent Investigative Mechanism, we agree on the importance of preserving information and evidence gathered so far. Our draft resolution therefore requests OHCHR to consolidate, analyse and preserve this information so it can be used in future accountability processes. This will build on the work of previous resolutions, including the 2014 resolution which mandated a comprehensive OHCHR Investigation on Sri Lanka (OISL).
“On the question of appointing a Special Rapporteur, we do not believe this would prove beneficial in the current circumstances since, at present, the High Commissioner for Human Rights is herself at the forefront of the UN’s efforts. Our draft resolution will request enhanced reporting by OHCHR to ensure that both the UN and the Human Rights Council remain focused on the situation in Sri Lanka.
“On the question of a referendum to determine the aspirations of the Tamil people, we recognise your strength of feeling on this matter. The UK Government has long supported peace building and reconciliation in Sri Lanka, and called for the rights of all Sri Lankans to be respected. Through UK-funded programmes, we have supported a number of activities to benefit those in the north and east of the country, including demining, resettlement of internally displaced persons and interfaith dialogue. We continue to urge the Government of Sri Lanka to deliver on reconciliation and political inclusion for all Sri Lankans. However, we do not think it is realistic to include a reference to a referendum on Tamil self-determination in the draft UNHRC resolution. Please be assured that justice, accountability and human rights in Sri Lanka will remain a priority for the UK government.”
News
CIABOC member’s appointment: Controversy over Speaker under probe heading selection process
By Shamindra Ferdinando
The Opposition should intensity its focus on the forthcoming selection of a member of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and remain vigilant as Speaker Dr. Jagath Wickremaratne, MP, the head of the Constitutional Council (CC) tasked with making the relevant recommendation, is under investigation by the CIABOC, sources familiar with the ongoing inquiry told The Island.
Chethiya Goonasekara, PC, is expected to complete his three-year term on Dec 31, 2026. Sources pointed out that CIABOC Commissioners are appointed by the President on the recommendation made by the 10-member Constitutional Council.
The CIABOC initiated the investigation following a complaint lodged by suspended Chief of Staff and Deputy Secretary General of Parliament Chaminda Kularatne in early February this year. Sources said that as Goonasekera is scheduled to complete his term toward the end of 2026, the CC would have to call applications soon to choose the successor.
Goonasekara received his appointment from President Ranil Wickremesinghe in January 2024. A Justice W. M. N. P. Iddawala was appointed Chairman of the CIABOC. The other commissioner is K. Bernard Rajapakse.
Asked whether Iddawala and Rajapakse, too, would complete their terms soon, sources said that in terms of the Anti-Corruption Act No 09 of 2023, the Chairman of CIABOC would hold office for a period of five years, second commissioner (K. Bernard Rajapakse) for four years and the third commissioner (Chethiya Goonasekara) for a period of three years.
Sources said that the Opposition as well as civil society representatives in the CC should take up the issue of Speaker facing an investigation by the CIABOC taking part in the forthcoming selection process. Responding to queries, sources emphasized that the issue was whether in terms of Section 107 of the Anti-Corruption Act the participation of the Speaker in the selection process amounted to a violation of the Act itself.
The current members of the CC are Dr Jagath Wickramaratne, Speaker and Chairman of the Constitutional Council, Dr. Harini Amarasuriya, Prime Minister, Sajith Premadasa, Leader of the Opposition, Bimal Rathnayake, MP, Aboobucker Athambawa, MP, Ajith P. Perera, MP, Sivagnanam Shritharan, MP, Austin Fernando, Civil society representative, Prof. Wasantha Seneviratne, Civil society representative and Ranjith Ariyaratne, Civil society representative.
Sources pointed out that in spite of the sensitivity of the case, the CIABOC recorded Kularatne’s statement in the second week of August, six months after he lodged the complaint.
The CIABOC on 3, 8 and 10 Sept recorded the statements from the Transport Officer, Deputy Director, Administration and Assistant Director, Finance regarding the use of facilities by the Speaker, those assigned to his staff and other relevant matters.
The NPP named Dr. Wickramaratne as the Speaker after Asoka Ranwala resigned over controversy regarding his higher education qualifications.
SJB lawmaker Dayasiri Jayaskera has repeatedly raised the issues concerning the Speaker with the focus also on the Speaker using two government-managed residences, relevant staff in addition to expenditure on food, transport and fuel provided to the Speaker’s private secretary.
Political sources said that trouble erupted after the Parliamentary Staff Advisory Council in late January sacked Kularatne accusing him of providing false information to secure his appointment. Before being appointed as the Deputy Secretary-General of Parliament in 2023, Kularatne held several high-ranking positions, including Secretary to the Chief Government Whip, Additional Secretary to the President, Additional Secretary to the Prime Minister, and Additional Secretary to the Leader of the Opposition.
The SJB declared in Parliament that Ranwala should be brought back as the Speaker as they have no faith in Wickramaratne. MP Mujibur Rahuman jokingly told parliament that the Opposition wouldn’t raise Ranwala’s educational qualifications.
News
GMOA: Countrywide cadre revision not done since 2015
The Government Medical Officers’ Association (GMOA) has stressed the need to conduct a comprehensive countrywide cadre revision urgently.
GMOA spokesman Dr. Lasitha Dhammika told The Island that the failure on the part of successive governments to conduct cadre revision caused the deterioration of the public sector health services. Due to the absence of required statistics, they hadn’t been able to fully comprehend the situation on the ground and to ascertain the requirements of the public.
Dr. Dhammika pointed out the expansion of the services without supporting statistics and the need to initiate an immediate cadre revision. According to him, the GMOA had raised this issue with successive governments without success. The GMOA spokesman said that they also sought relevant information from the Health Ministry in terms of the Right to Information (RTI) Act two weeks ago but was yet to receive response.
(SF)
News
Namal sends defiant message from remand custody
Sri Lanka Podujana Peramuna (SLPP) National Organiser and MP Namal Rajapaksa, currently held in remand custody, sent a defiant message from behind bars to supporters at the party’s “Jana Satana” rally in Anuradhapura on Saturday (12), vowing not to bow to what he described as political pressure from the government.
The message, issued from the Colombo Remand Prison, was addressed to those who gathered at the rally, which he described as a decisive new beginning for the SLPP.
Rajapaksa thanked supporters for their solidarity, saying he could feel the warmth of the brotherhood being shown to him, even from within the prison.
Quoting former South African President Nelson Mandela, he said “difficulties break some men but make others”, adding that the challenges his movement had faced had only made it stronger.
He credited his father with teaching him to grow stronger in the face of adversity.
Accusing the government of failing to honour its election promises, he pointed out that rising costs of living and tax burdens were placing considerable pressure on the public, including small and medium enterprises, farmers, fishermen and workers.
He alleged that state investigative institutions had been politicised under the government, claiming that allegations against individuals connected to the government were not being investigated fairly, though these claims were made by Rajapaksa and have not been independently verified.
Rajapaksa also criticised the government over its handling of constitutional reforms, the delay in holding Provincial Council elections and what he described as a lack of opportunities for young people entering the job market.
He concluded by declaring that he would not surrender to what he termed the Government’s political power and would not be intimidated, insisting that determination cannot be imprisoned.
He also urged supporters to remain peaceful, disciplined and respectful of the law throughout their campaign.
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