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Referring SL to ICC futile exercise, UK tells pro-LTTE groups

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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.”



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Theft of USD 2.5 mn from Treasury: CoPF accused of complicity in NPP cover-up

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Harsha rejects what he called frivolous accusations

Chairman of Committee on Public Finance (CoPF) Dr. Harsha de Silva dismissed Free Lawyers’ claim that his Committee had helped delay a proper investigation into the theft of USD 2.5 mn (nearly Rs 1 bn) from the Treasury.

The Colombo District SJB MP said that he wouldn’t comment on frivolous accusations against his Committee. “We conduct ourselves in keeping with the highest standards of professionalism and responsibility.”

Dr. de Silva said so when The Island raised the Free Lawyers’ allegation that the Treasury and the Central Bank were using the CoPF as a tool to prolong investigations into the unprecedented theft of funds. Free Lawyers targeted the CoPF in a statement issued by Maithri Gunaratne, PC, and civil society activist Rajith Keerthi Tennakoon.

The other members of the CoPF are Harshana Rajakaruna (SJB), Ravi Karunanayake (NDF), Nimal Palihena (NPP), Wijesiri Basnayake (NPP), Thilina Samarakoon (NPP), Lakmali Hemachandra (NPP), Chathuranga Abeysinghe (NPP), Kaushalya Ariyaratne (NPP), Akram Ilyas (NPP), Shanakiyan Rajaputhiran Rasamanikkyam (ITAK), Champika Hettiarachchi (NPP), Sunil Rajapaksha (NPP),

M. K. M. Aslam (NPP), Ajith Agalakada (NPP), Rauff Hakeem (SLMC), Chitral Fernando (SJB) and Nishantha Jayaweera (NPP).

Tennakoon said the theft of funds happened over eight months ago and the Parliament owed the country a clear explanation regarding the disappearance of USD 2.5 mn. The CoPF, instead of expediting the process, has conveniently granted time for those responsible for the loss to cover up their tracks. “Free Lawyers pursue the issue at hand vigorously as we were the first to reveal the loss of USD 2.5 mn. Those who knew it remained silent until our disclosure,” he said, alleging that Speaker Dr. Jagath Wickremaratne was yet to respond to their letter regarding the USD 2.5 theft.

Responding to queries, Tennakoon said that political parties represented in the CoPF should be held responsible for the developing situation. “The Committee on Public Accounts Committee (CoPA) headed by SJB MP Kabir Hashim too, should explain its failure to deal with the USD 2.5 mn theft. Both CoPF and CoPA led by two SJB MPs should act now. Dr. de Silva and Hashim are answerable to the public, particularly because they represent the main Opposition.”

The CoPA consists of Kabir Hashim, Maj. Gen. Aruna Jayasekera (NPP), Sugath Thilakaratne (NPP), Anton Jayakody (NPP), Chandana Sooriyaarachchi (NPP), Ruwanthilaka Jayakody (NPP), Nalin Hewage (NPP), Oshani Umanga (NPP), Manjula Suraweera (NPP), Sagarika Athauda (NPP), Janaka Senarathna (NPP), K.Illankumaran (NPP), Dinidu Saman Henanayake (NPP), Susantha Kumara Navaratna (NPP), Lal Premanath (NPP), Aravinda Senarath (NPP), Thushari Jayasinghe (NPP), T. K. Jayasundera, Ajantha Gammeddage (NPP), Sundaralingam Pradeep (NPP), Kavinda Jayawardena (SJB), J.C. Alawathuwala (SJB),Hector Appuhamy (SJB), Kaveenthiran Kodeeswaran (ITAK), Chamara Sampath Dassanayake (NDF), Rohitha Abeygunawardena (NDF), M.L.A.M. Hisbullah (SLMC), M.A.M. Thahir (ACMC), Chanaka Madugoda (SLPP) and Sunil Ratnasiri (NPP).

Tennakoon said that both CoPF and CoPA were dominated by the NPP though the SJBers headed them. However, as heads of the two parliamentary committees, Dr. de Silva and Hashim, should be held responsible for lapses on the part of the committees or any deliberate omissions, Tennakoon said, questioning the rationale behind giving the Treasury and the CBSL six weeks to submit their findings to the CoPF.

Free Lawyers alleged that USD 2.5 had been released in spite of JP Morgan Chase and the Federal Reserve in the United States warning Sri Lanka about the suspicious nature of those foreign transactions via SWIFT messages. Tennakoon emphasized investigators should closely inquire into the decision taken to release funds regardless of such high-profile warnings.

Tennakoon said that the integrity of two key parliamentary committees is at stake. The civil society activist said that the country was in a highly critical phase of debt restructuring following a severe economic crisis. Tennakoon pointed out in terms of a condition of the International Monetary Fund (IMF) loan programme, the government’s debt management functions, previously carried out by the CBSL, were recently transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).

by Shamindra Ferdinando

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Viral diseases on the rise

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The number of patients hospitalised due to viral illnesses, including dengue fever, had increased significantly, health officials said yesterday, adding that there had been a rise in daily dengue-related admissions.

Acting Director of the National Dengue Control Unit Dr. Kapila Kannangara said Sri Lanka had recorded 41,144 dengue cases as of Saturday (13).

He said more than half of the reported cases—around 51 percent—were from the Western Province.

According to Dr. Kannangara, the number of dengue patients admitted to hospital daily had reached 750, but it had declined to around 630. However, he cautioned that infection levels remained “very high,” despite the slight drop in hospital admissions.

The dengue death toll has risen to 24, prompting several hospitals to issue red alerts amid continued pressure on wards treating incoming patients.

Health officials warned that the situation could worsen if case numbers continued to rise. Dr. Kannangara noted that the growing burden on healthcare facilities could eventually exceed system capacity.

The public has been urged to take preventive measures to eliminate mosquito breeding sites and to seek prompt medical attention if dengue symptoms develop.

by Chaminda Silva

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Ranil warns of another economic crisis, calls for Opposition unity

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Former President and UNP leader Ranil Wickremesinghe has warned that Sri Lanka is heading towards a severe economic crisis, alleging that the current administration is steering the country towards “total collapse.”

Addressing a meeting of the UNP Working Committee at the party headquarters on Flower Road on Thursday, Wickremesinghe claimed that the government was facing mounting difficulties on multiple fronts, with the economy continuing to deteriorate.

He also accused the administration of pursuing policies that, he said, marginalised war heroes and Buddhist monks.

Wickremesinghe expressed concern over what he described as an erosion of fundamental and legal rights, citing the arrest and alleged ill-treatment of former State Intelligence Service Chief Suresh Sallay as an example. He said the rising cost of living had emerged as one of the main concerns of the public.

Commenting on the political situation, the former President said the Opposition had not been able to forge unity among the anti-government forces and called for greater coordination among Opposition parties and groups. He advocated a phased mobilisation strategy, beginning at village and electorate level, instead of attempting to address all issues simultaneously.

Wickremesinghe also announced a series of political campaigns and rallies aimed at strengthening the Opposition movement. The programme is scheduled to commence in Kandy this weekend, with subsequent events planned in Kurunegala and Kalutara.

He said the UNP was engaged in discussions with several political parties and organisations, including those led by Minister Jeevan Thondaman, with a view to forming a broader political alliance.Wickremesinghe urged party members to expedite discussions and arrive at a collective decision on the way forward to address the country’s challenges.

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