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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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GL: Colombo Port City Bill received AG’s sanction

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…SC scheduled to commence hearing petitions today

By Shamindra Ferdinando

SLPP Chairman Prof. G.L. Peiris says that the proposed Colombo Port City Economic Commission Bill is consistent with the Constitution. Prof. Peiris, who is also the Education Minister, insists the Bill received the sanction of the Attorney General.

Prof. Peiris explained to the media the circumstances under which the incumbent government had initiated the proposed Bill. He did so having briefed Ven. Dr. Ittapane Dhammalankara Thera as regards the current political developments, at the Sri Dharmaloka Maha Viharaya, Rukmale, Pannipitiya, on Saturday (17).

President Gotabaya Rajapaksa recently presented the Colombo Port City EC Bill to the Cabinet of ministers. The 76-page Bill provides for the establishment of an EC authorised to grant registrations, licences, authorisations, and other approvals to carry on businesses and other activities in the Special Economic Zone (SEZ) to be established within the Colombo Port City.

Responding to government member Dr. Wijeyadasa Rajapakse’s bombshell accusations that the proposed Bill when enacted in parliament would transform newly reclaimed land adjacent to the Galle Face Green to sovereign Chinese territory, Prof. Peiris emphasized the responsibility on the part of the President in respect of the implementation of the project. Declaring that even an amendment couldn’t be moved without specific approval of the President, Prof. Peiris said all reports pertaining to financial matters, too, should be submitted to the President.

The former law professor also challenged those opposed to the proposed Bill claiming that the police and the military would be excluded from performing duties in the reclaimed land. One-time External Affairs Minister insisted that the police and the military enjoyed the right to exercise powers in terms of the country’s law in case of violations.

The minister said that the government was keen to create an environment conducive for foreign direct investment. However, those who now decried the Colombo Port City EC Bill conveniently forgot the formation of the ‘Greater Colombo Economic Commission’ (GCEC) under a new draconian Bill introduced by the then President J.R. Jayewardene.

Prof. Peiris said unlike JRJ’s Bill, the one proposed by the incumbent government adhered to the Constitution hence the approval from the Attorney General.

Prof. Peiris alleged that the JRJ’s Act paved the way for GCEC to take decisions pertaining to newly formed Export processing Zones (EPZ) and basically conduct its affairs outside the purview of the parliament. Claiming that those who exercised the required powers could transfer funds to and from accounts and anyone violating the secrecy faced jail terms, Prof. Peiris stressed that even the judiciary couldn’t intervene in some matters pertaining to this particular Act introduced in 1978.

According to Prof. Peiris, in 1992, the then President Ranasinghe Premadasa further strengthened the law by depriving the public an opportunity to obtain a restraining order from a court in respect of the all-powerful Commission.

Prof. Peiris accused the UNP and its breakaway faction, the Samagi Jana Balavegaya (SJB) and other interested parties of propagating lies against the project as part of their overall political strategy. The minister acknowledged that the UNP was among those who moved the Supreme Court against the proposed Bill.

Since former Justice Minister Rajapakse strongly condemned the proposed Bill at a hastily arranged media briefing at Abayaramaya under the auspices of Ven Muruththettuwe Ananda thera, several Ministers and State Ministers, Keheliya Ranbukwelle, Mahindananda Aluthgamage, Prof. G. L. Peiris, Namal Rajapaksa, Ajith Nivard Cabraal responded to their colleague on behalf of the government.

A five-member bench of the Supreme Court will begin hearing the petitions today (19).

Among those who filed cases against the proposed Bill were President of the Bar Association Saliya Pieris, PC, former lawmaker Wasantha Samarasinghe on behalf of the JVP, civil society activists, Gamini Viyangoda and K.W. Janaranjana on behalf of Purawesi  Balaya and the Center for Policy Alternatives (CPA).

Viyangoda questioned the government’s motive in depriving the public ample time and space to challenge the constitutionality of the Bill.

Purawesi Balaya spokesperson said that the disputed Bill had been placed on the Order Paper of Parliament on the 8th of April 2021, at a time when the sittings of the Supreme Court were suspended for the vacation. In terms of the Constitution any citizen seeking to challenge a Bill on the grounds that it is inconsistent with the Constitution has to do so within one week of being placed on the Order Paper of Parliament, which in this instance is the 15 th of April 2021. The petitioner said between the 8 th April 2021 and 15 th April 2021, there were the weekend and three public holidays intervening, thereby giving any citizen seeking to challenge the Bill, only two working days to obtain legal advice and representation.

Those who complained bitterly over urgent Bills exercised the same strategy as regards the controversial Bill, the civil society activist said. Responding to another query, Viyangoda said that if the government was confident the Bill didn’t violate the Constitution, it could have been properly discussed at their parliamentary group meeting before being presented to the cabinet of ministers.

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Wijeyadasa, under heavy flak over opposition to China project, says ready to face consequences

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by Shamindra Ferdinando

SLPP lawmaker Dr. Wijeyadasa Rajapakshe, PC, yesterday (18) told The Island that he stood by the accusations he made in respect of the proposed Colombo Port City Economic Commission Bill.

The former Justice Minister emphasised that he had expressed concerns publicly regarding the planned project after carefully examining the proposed Bill.

“In spite of a spate of statements issued by various government spokespersons, I’m confident of the legal process scheduled to begin today (19). The entire country should be concerned over the government move made at the behest of China.”

Responding to another query, the Colombo district MP urged political parties represented in Parliament to study the Bill with an open mind. The proposed law should be examined taking into consideration the previous UNP-led government transferring control of the strategic Hambantota port to China on a 99-year-lease and China is also in control of a terminal in the Colombo port for 35 years.

The MP said that he was ready to face the consequences of his decision to take a contrary view as regards the Chinese project. Those who had been benefited by the mega China funded project would shamelessly back it, lawmaker Dr. Rajapakse maintained, recollecting how members of parliament backed the 2002 Ceasefire Agreement brokered by Norway, shielded Treasury bond thieves et al.

Those who moved the Supreme Court against the proposed Bill included the Bar Association of Sri Lanka, MP Rajapakse said. The former Minister claimed that unprecedented tax exemptions provided to the businesses coming up in the newly reclaimed land adjacent to the Galle Face Green would pose a severe threat to the national economy.

The MP said that he didn’t personally have anything against China or any other country, but strongly believed in political and economic independence of the country. Therefore, the right-thinking lawmakers couldn’t under any circumstances vote for the proposed Bill as it was, the former Minister said.

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Hiding in obscure corner of India, Myanmar’s ousted lawmakers plotting to dethrone military junta

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BY S VENKAT NARAYAN

Our Special Correspondent

NEW DELHI:

Roughly a dozen ousted Myanmar lawmakers, who fled to India after the February 1 military coup, are now busy plotting to dethrone the generals.

In a spartan hillside room in India furnished only with a thin sleeping mat, one of the Myanmar Members of Parliament (MPs) spends much of his days attentively listening to Zoom conference calls and tapping away messages on his smartphone.

The short, soft-spoken man is among the handful of ousted Myanmar MPs who have fled across the border to India’s remote north-eastern region after the military coup and the lethal crackdown on dissent.

Two of the lawmakers and a Myanmar politician spoke to a Reuters reporter. They are involved with the Committee Representing the Pyidaungsu Hluttaw or CRPH, a body of ousted lawmakers that is attempting to re-establish the civilian government and displace the military.

The three said the group is supporting demonstrations, helping distribute funds to supporters and holding negotiations with multiple entities to quickly form a civilian administration nationwide. They asked not to be named for fear of reprisals against their families back home.

Most of the ousted lawmakers are from deposed leader Aung San Suu Kyi’s National League for Democracy (NLD) that overwhelmingly won a November 2020 election, which the military has annulled.

The coup has been met with a fierce pro-democracy movement and tens of thousands of people have taken to the streets across the country, despite the crackdown.

Security forces have killed over 700 people, and more than 3,000 have been detained, including more than 150 lawmakers and members of the former government. Mobile and wireless internet services have been shut down.

The fear of detention and inability to rebuild a civilian government without internet connectivity has driven some Myanmar lawmakers involved in the resistance to work from India, the two MPs elected to Myanmar’s Parliament said.

“There is no time,” one of them, who is from the country’s western Chin state, told Reuters. “People are dying in our country.”

A spokesman for Myanmar’s military did not answer calls seeking comment. The junta has accused the CRPH of treason. The group is working to set up a national unity government to challenge the military’s authority.

Since fleeing to India around two weeks ago, the lawmaker said he had been holding regular discussions with colleagues to set up a parallel administration in Chin state, under directions from the CRPH.

The process is complex, involving building consensus between elected representatives, political parties, ethnic armed groups, civil society bodies and civil disobedience movement leaders, the two lawmakers and the politician said.

The CRPH is also keen on opening communications with India, where at least 1,800 people from Myanmar are already sheltering. It will seek New Delhi’s blessings for the parallel government it is attempting to form, the politician said.

“We can’t rely on China, Thailand and other neighbouring countries,” he said. “The only country where refugees are being welcomed is India”.

India’s External Affairs Ministry did not immediately respond to questions from Reuters.

This week, NLD lawmakers from Myanmar’s northern Sagaing region held an online conference call, but only 26 out of 49 representatives dialled in, according to the second MP who attended the meeting from India.

“We don’t know where the rest are,” the federal lawmaker said. Two party officials were now trying to track down their missing colleagues.

Some of the fiercest resistance to the junta has come from Sagaing. In the last two months, around 2,000 families involved in the civil disobedience movement in one part of the region have been given financial assistance of around 17 million Kyat ($12,143), the lawmaker from Sagaing said.

The presence and activities of escapee Myanmar lawmakers could pose a diplomatic quandary to India, particularly given New Delhi’s close ties with the Myanmar military rulers.

But India’s position on the Myanmar crisis itself appears to have somewhat shifted in recent weeks. This has also been acknowledged by some CRPH representatives.

At an United Nations Security Council (UNSC) meeting on April 10, Indian diplomat K. Nagaraj Naidu said New Delhi is pushing for a return to democracy in Myanmar. “The first, and most immediate step, in this regard is the release of detained leaders,” Naidu said.

However, India is concerned around internal divisions within the CRPH that could hobble its functioning, a source with knowledge of New Delhi’s thinking said.

The politician involved with the CRPH said he is hopeful that India will engage with the group.

“If democracy wins in Myanmar, it is also a win for India,” he said.

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