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The scope of Sri Lanka’s commitments to accountability

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Vijitha Herath at the UNHRC

At the 60th Session of the UNHRC held in September 2025, Foreign Minister of Sri Lanka Vijitha Herath stated: “We sincerely believe that external action will only serve to create divisions, thereby jeopardising the genuine and tangible national processes that have already been set in motion”. In keeping with that concept “The Government is committed to advance accountability through credible domestic processes by establishing “an independent public prosecutor’s office”.

In fact, establishing such an office may involve amendments to existing Constitutional and Legal provisions depending on what specific acts have been violated by individuals or by groups. For instance, the statement by the Foreign Minister states: “We are also committed to ensuring that any person alleged to have committed any unlawful act is investigated, prosecuted and brought before courts through an independent national process, irrespective of their social status, background or any other ground”. This commitment is too vague in scope. On the other hand, if accountability is limited to “unlawful acts” associated with Sri Lanka’s Armed Conflict, the scope of amendments needed would be more specific. The material presented below is limited to “unlawful acts” relating to the Armed Conflict.

UNLAWFUL ACTS relating to ARMED CONFLICT

With the Security Forces representing the Government of Sri Lanka and the LTTE representing the Tamil Community were engaged in an Armed Conflict as citizens of Sri Lanka, each party to the Conflict should be held accountable by the same laws.

The only International Laws ratified by Sri Lanka are the 4 Geneva Conventions. Although these 4 Conventions were ratified in October 1959, they were incorporated into Domestic Law ONLY in 2006 by Act No. 4 of 2006. However, the provisions of this Act have NOT been in operation, since no Minister has signed it as required by the Act, that states: “1. (1) This Act may be cited as the Geneva Conventions Act, No. 4 of 2006 and shall come into operation on such date as the Minister may by Order published in the Gazette appoint (hereinafter referred to as the “appointed date”).

(2) Different dates may be appointed for the different Parts of the Act to come into operation”. Therefore, provisions of Act No. 4 of 2006 are not applicable to address accountability related issues.

The only other International Law incorporated into Domestic Law is Act No. 56 of 2007 relating to provisions in the International Covenant on Civil and Political Rights. Article 3 (1) states: “No person shall propagate war or advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”. This provision by itself justifies the LTTE to be held accountable for waging war against the State of Sri Lanka.

Furthermore, Sri Lanka has not ratified any other International Law including Protocols I and II Additional to the 4 Geneva Conventions. Therefore, no Domestic Law relating to Protocol II Additional to the 4 Geneva Convention exists.

Consequently, the scope of any accountability exercise should be limited to the provisions of Sri Lanka’s Penal Code and other laws such as the Army, Navy and Air Force Acts. Since the Armed Conflict initiated by the LTTE was an “OFFENCE AGAINST THE STATE according to CHAPTER VI of the Penal Code to create the State of Tamil Eelam, accountability for “unlawful acts” committed by the LTTE or the Security Forces have to be on the basis of the Penal Code.

Therefore, it is imperative that the “independent public prosecutor’s Office the Government is committed to set up is guided by the Legal provisions of Sri Lanka’s Penal Code when it undertakes the accountability exercise.

The Penal Code has no provision for War Crimes, Crimes against Humanity or Command Responsibility. However, although such provisions exist in Internationally recognized instruments, they are not relevant to accountability issues relating to parties to Sri Lanka’s Armed Conflict since International Laws do not automatically become Domestic Laws because Sri Lanka’s Dual Legal System requires such laws to be expressly incorporated into Domestic Law through Legislation for one to be enforceable in local Courts as in the case of Act No. 4 of 2006 and Act No. 56 of 20007.

CHALLENGES to the ACCOUNTABILITY EXERCISE

The Government expressed its commitment to “ensuring that any person alleged to have committed any unlawful act is investigated, prosecuted and brought before courts through an independent national process, irrespective of their social status, background or any other ground”. Despite such commitments, the stark reality is that individual commanders or former leaders of the LTTE who strategized, planned and implemented operations to carry out war against the State of Sri Lanka cannot be brought before a court of law because, either they claim not to exist or cannot be located.

This however, is not the case with the circumstances of the Security Forces that were associated with the conflict. A significant number of them along with their high ranking military officers and political leaders survived. Some of them have already been sanctioned on account of alleged war crimes based on alleged existing evidence, despite such provisions not being part of the Penal Code. Even if prosecuted by a Court of Law for violations committed under the Penal Code, their numbers would be considerably more, by virtue of the simple fact that they exist and furthermore can be located and produced before a Court of Law. Such an outcome would be inevitable if the government proceeds with its plan to investigate and prosecute perpetrators of crimes in the name of Justice for the victims of such crimes. This would be the outcome of the Retributive Process the Government is committed to pursue – a process that would seriously polarize the communities thus, jeopardizing “the genuine and tangible national processes that have already been set in motion” by the Government as the justification for a Domestic Process to address accountability.

Retribution in the name of justice ignores the fact that it is directed at none other than those who gave their full measure of devotion to protect the State and make the country whole, thereby ensuring security to millions who endured insecurity of such a degree that families would not travel together and parents would anxiously await the return of children from school because of possible terror attacks. Therefore, whether it is an external or domestic mechanism, any form of accountability exercise would be a blowback to reconciliation.

CONCLUSION

Two conclusions could be reached from the material presented above. The first is that the Legal Framework for an accountability exercise in Sri Lanka should be Sri Lanka’s Penal Code. The second is that International Laws or other Instruments relating to Armed Conflicts, whether ratified or not, are NOT applicable to Sri Lanka’s accountability exercise if such Laws have not been incorporated into Domestic Law. The reason being, Sri Lanka’s Dual Legal System prevents such recognition.

The statement by the Foreign Minister at the 60th Session of the UNHRC states: “As President Dissanayaka has reiterated, we are firmly and genuinely committed to working towards a country that respects and celebrates the diversity of its people with no division or discrimination, and we are resolved not to leave room for a resurgence of racism or extremism”.

Continuing, the statement states: “We are also committed to ensuring that any person alleged to have committed any unlawful act is investigated, prosecuted and brought before courts through an independent national process, irrespective of their social status, background or any other ground”. If such a commitment applies to those who participated in Sri Lanka’s Armed Conflict, the consequences of accountability would contradict the intentions stated by the President cited above, namely, to creating a nation that “respects and celebrates diversity of its people etc. etc. because LTTE leadership and the High Command cannot be brought before a Court of Law since they do not exist and/or be located, while the possibility exists for members of the Security Forces to be investigated and prosecuted simply because they exist and can be located to be produced before a Court of Law. Since this disparity is seriously discriminatory, the accountability exercise proposed by the Government would create the environment to polarise communities further – a prospect that contradicts the President’s stated intentions of a people with “no division or discrimination”,

Therefore, the government should revisit its stand on what constitutes Justice. Is it to be Retributive or Restorative? If it is to Investigate and Prosecute with an Independent Public Prosecutor, it is NOT Justice for the reasons cited above. On the other hand, Restorative Justice is not new to Sri Lanka, considering that out of “more than eleven thousand LTTE cadres who surrendered or were detained… 595 former LTTE child soldiers were rehabilitated … and reunited with their families … while a further 6130 were rehabilitated by 2011” (p.82, Ministry of Defence).

With such a history, the government should seriously explore all possibilities of Restorative Justice, starting with a blanket Amnesty for ALL associated with the Insurrections and the Armed Conflict and extending it beyond to restore the livelihood and the wellbeing of the survivors in ALL communities.

by Neville Ladduwahetty ✍️



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Features

Political violence stalking Trump administration

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A scene that unfolded during the shooting incident at the recent White House Correspondents’ Dinner in Washington. (BBC)

It would not be particularly revelatory to say that the US is plagued by ‘gun violence’. It is a deeply entrenched and widespread malaise that has come in tandem with the relative ease with which firearms could be acquired and owned by sections of the US public, besides other causes.

However, a third apparent attempt on the life of US President Donald Trump in around two and a half years is both thought-provoking and unsettling for the defenders of democracy. After all, whatever its short comings the US remains the world’s most vibrant democracy and in fact the ‘mightiest’ one. And the US must remain a foremost democracy for the purpose of balancing and offsetting the growing power of authoritarian states in the global power system, who are no friends of genuine representational governance.

Therefore, the recent breaching of the security cordon surrounding the White House Correspondents’ Dinner in Washington at which President Trump and his inner Cabinet were present, by an apparently ‘Lone Wolf’ gunman, besides raising issues relating to the reliability of the security measures deployed for the President, indicates a notable spike in anti-VVIP political violence in particular in the US. It is a pointer to a strong and widespread emergence of anti-democratic forces which seem to be gaining in virulence and destructiveness.

The issues raised by the attack are in the main for the US’ political Right and its supporters. They have smugly and complacently stood by while the extremists in their midst have taken centre stage and begun to dictate the course of Right wing politics. It is the political culture bred by them that leads to ‘Lone Wolf’ gunmen, for instance, who see themselves as being repressed or victimized, taking the law into their own hands, so to speak, and perpetrating ‘revenge attacks’ on the state and society.

A disproportionate degree of attention has been paid particularly internationally to Donald Trump’s personality and his eccentricities but such political persons cannot be divorced from the political culture in which they originate and have their being. That is, “structural” questions matter. Put simply, Donald Trump is a ‘true son’ of the Far Right, his principal support base. The issues raised are therefore for the President as well as his supporters of the Right.

We are obliged to respect the choices of the voting public but in the case of Trump’s election to the highest public position in the US, this columnist is inclined to see in those sections that voted for Trump blind followers of the latter who cared not for their candidate’s suitability, in every relevant respect, and therefore acted irrationally. It would seem that the Right in the US wanted their candidate to win by ‘hook or by crook’ and exercise power on their behalf.

By making the above observations this columnist does not intend to imply that voting publics everywhere in the world of democracy cast their vote sensibly. In the case of Sri Lanka, for example, the question could be raised whether the voters of the country used their vote sensibly when voting into office the majority of Executive Presidents and other persons holding high public office. The obvious answer is ‘no’ and this should lead to a wider public discussion on the dire need for thoroughgoing voter education. The issue is a ‘huge’ one that needs to be addressed in the appropriate forums and is beyond the scope of this column.

Looking back it could be said that the actions of Trump and his die-hard support base led to the Rule of Law in the US being undermined as perhaps never before in modern times. A shaming moment in this connection was the protest march, virtually motivated by Trump, of his supporters to the US Capitol on January 6th, 2021, with the aim of scuttling the presidential poll result of that year. Much violence and unruly behaviour, as known, was let loose. This amounted to denigrating the democratic process and encouraging the violent take over of the state.

In a public address, prior to the unruly conduct of his supporters, Trump is on record as blaring forth the following: ‘We won this election and we won by a landslide’, ‘We will stop the steal’, ‘We will never give up. We will never concede. It doesn’t happen’, ‘If you don’t fight like hell, you’re not going to have a country anymore.’

It is plain to see that such inflammatory utterances could lead impressionable minds in particular to revolt violently. Besides, they should have led the more rationally inclined to wonder whether their candidate was the most suitable person to hold the office of President.

Unfortunately, the latter process was not to be and the question could be raised whether the US is in the ‘safest pair of hands’. Needless to say, as events have revealed, Donald Trump is proving to be one of the most erratic heads of state the US has ever had.

However, the latest attempt on the life of President Trump suggests that considerable damage has been done to the democratic integrity of the US and none other than the President himself has to take on himself a considerable proportion of the blame for such degeneration, besides the US’ Far Right. They could be said to be ‘reaping the whirlwind.’

It is a time for soul-searching by the US Right. The political Right has the right to exist, so the speak, in a functional democracy but it needs to take cognizance of how its political culture is affecting the democratic integrity or health of the US. Ironically, the repressive and chauvinistic politics advocated by it is having the effect of activating counter-violence of the most murderous kind, as was witnessed at the White House Correspondents’ Dinner. Continued repressive politics could only produce more such incidents that could be self-defeating for the US.

Some past US Presidents were assassinated but the present political violence in the country brings into focus as perhaps never before the role that an anti-democratic political culture could play in unraveling the gains that the US has made over the decades. A duty is cast on pro-democracy forces to work collectively towards protecting the democratic integrity and strength of the US.

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Features

22nd Anniversary Gala …action-packed event

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The Skyliners: Shanaka Viswakula (bass), Mario Ranasuriya (lead guitar), Daryl D'Souza (keyboards) and Kushmin Balasuriya (drums)

The Editor-in-Chief of The Sri Lankan Anchorman, a Toronto-based monthly, celebrating Sri Lankan community life in Canada, is none other than veteran Sri Lankan journalist Dirk Tissera, who moved to Canada in 1997. His wife, Michelle, whom he calls his “tower of strength”, is the Design Editor.

According to reports coming my way, the paper has turned out to be extremely popular in Toronto.

In fact, The Sri Lankan Anchorman won a press award in Toronto for excellence in editorial content and visual presentation.

However, the buzz in the air in Canada, right now, is The Sri Lankan Anchorman’s 22nd Anniversary Gala, to be held on Friday, 12 June, 2026, at the J&J Swagat Banquet Convention Centre, in Toronto.

An action-packed programme has been put together for the night, featuring some of the very best artistes in the Toronto scene.

The Skylines, who are classified as ‘the local musical band in Toronto’, will headline the event.

Dirk Tissera and wife Michelle: Supporting Sri Lanka-Canada community events, in Toronto, since launching The Anchorman
in 2002

They have performed and backed many legendary Sri Lanka singers.

According to Dirk, The Skylines can belt out a rhythm with gusto … be it Western, Sinhala or Tamil hits.

Also adding sparkle to the evening will be the legendary Fahmy Nazick, who, with his smooth and velvety vocals, will have the crowd on the floor.

Fahmy who was a household name, back in Sri Lanka, will be flying down from Virginia, USA.

He has captivated audiences in Sri Lanka, the Middle East and North America, and this will be his fourth visit to Toronto – back by popular demand,

Cherry DeLuna, who is described by Dirk as a powerhouse, also makes her appearance on stage and is all set to stir up the tempo with her cool and easy delivery.

“She’s got a great voice and vocal range that has captivated audiences out here”, says Dirk.

Chamil Welikala, said to be one of the hottest DJs in town, will be spinning his magic … in English, Sinhala, Tamil and Latin.


Both Jive and Baila competitions are on the cards among many other surprises on the night of 12 June.

This is The Anchorman’s fifth annual dance in a row – starting from 2022, 2023, 2024 and 2025 – and both Dirk and Michelle, and The Anchorman, have always produced elegant social events in Toronto.

“We intend to knock this one out of the park,” the duo says, adding that Western music and Sinhala and Tamil songs is something they’ve always delivered and the crowd loves it.

“We have always supported Sri Lanka-Canada community events, in Toronto, since launching The Anchorman, in 2002, and we intend to keep it that way.”

No doubt, there will be a large crowd of Sri Lankans, from all communities, turning up, on 12 June, to support Dirk, Michelle and The Anchorman.

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Features

Face Pack for Radiant Skin

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* Apple and Orange:

Blend a few apple and orange pieces together. Add to it a pinch of turmeric and one tablespoon of honey. Apply it to the face and neck and rinse off after 30 minutes. This face pack is suitable for all skin types.

According to experts, apple is one of the best fruits for your skin health with Vitamin A, B complex and Vitamin C and minerals, while, with the orange peel, excessive oil secretion can be easily balanced.

* Mango and Curd:

Ripe mango pulp, mixed with curd, can be rubbed directly onto the skin to remove dirt and cleanse clogged pores. Rinse off after a few minutes.

Yes, of course, mango is a tasty and delicious fruit and this is the mango season in our part of the world, and it has extra-ordinary benefits to skin health. Vitamins C and E in mangoes protect the skin from the UV rays of the sun and promotes cell regeneration. It also promotes skin elasticity and fights skin dullness and acne, while curd, in combination, further adds to it.

*  Grapes and Kiwi:

Take a handful of grapes and make a pulp of it. Simultaneously, take one kiwi fruit and mash it after peeling its skin. Now mix them and add some yoghurt to it. Apply it on your face for few minutes and wash it off.

Here again experts say that kiwi is the best nutrient-rich fruit with high vitamin C, minerals, Omega-3 fatty acids and vitamin E, while grapes contain flavonoids, which is an antioxidant that protects the skin from free radical damage. This homemade face pack acts as a natural cleanser and slows down the ageing process.

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