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‘UNHRC missive exposes UK duplicity in grave accountability matters’

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By Shamindra Ferdinando

Wartime Foreign Minister Rohitha Bogollagama says that the leader of Sri Lanka Core Group at the Geneva–based United Nations Human Rights Council (UNHRC) the United Kingdom’s policy of double standards has been challenged by no less a person than UN High Commissioner for Human Rights Michelle Bachelet.

Bogollagama said that the Bachelet warning couldn’t have been issued at a better time as the UK stepped up pressure on Sri Lanka over accountability issues. The former FM was responding to Bachelet’s declaration on April 12 that the proposed new Overseas Operations (Service Personnel and Veterans) Bill, in its current form, would undermine key human rights obligations that the UK has committed itself to respect.

The UK is a member of the UNHRC. Bogollagama pointed out that Bachelet had called for amendments to the proposed Bill to ensure that it didn’t protect British personnel deployed overseas for acts of torture and other serious international crimes.

The Bill is now reaching its final stages in the legislative process, and will shortly be debated again by the House of Lords, the UK’s upper chamber, where amendments may still be made.

In the run-up to the Geneva vote on a resolution spearheaded by the UK on March 23, SLPP Chairman and former External Affairs Minister Prof G.L. Peiris questioned the rationale in British actions. Prof Peiris asked how the UK sought protection for its armed forces deployed outside their territory whereas it sought punitive measures against Sri Lanka for fighting terrorism in its own land.

Bogollagama said that British double standards should be examined taking into consideration the UK’s current membership in the UNHRC as well its role as the leader of Sri Lanka Core Group. The Core Group members include Germany and Canada.

Bogollagama who served as the Foreign Minister during the fourth phase of the war (2007-2010) alleged that the UK adopted an extremely hostile position primarily because of domestic political reasons. Wikileaks disclosed the true extent of Tamil Diaspora influence on the British political establishment, Bogollagama said. So much so, the UK allowed the Global Tamil Forum (GTF) to announce its formation in the House of Commons in early 2010, the former Minister said. Would the UK accept Geneva advice as regards the proposed Bill, Bogollagama asked, those who voted for the resolution moved against Sri Lanka and abstained to realise that the UK’s stand in respect of Colombo was political.

The UK succeeded the US as Sri Lanka Core Chair in 2018 after the latter quit the Geneva body in a huff calling it a cesspool of political bias.

The purpose of the controversial British Bill is stated as being “to provide greater certainty for Service personnel and veterans in relation to claims and potential prosecution for historical events that occurred in the complex environment of armed conflict overseas.” British Forces played significant roles in the invasion of Iraq and Afghanistan. The Bill seeks to achieve this, in particular, by introducing new preconditions for the prosecution of alleged offences covered by the Bill.

“As currently drafted, the Bill would make it substantially less likely that UK service members on overseas operations would be held accountable for serious human rights violations amounting to international crimes,” the UNHRC statement dated April 12 quoted Bachelet as having said.

It stated that in its present form, the proposed legislation raises substantial questions about the UK’s future compliance with its international obligations, particularly under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), as well as the 1949 Geneva Conventions. These include obligations to prevent, investigate and prosecute acts such as torture and unlawful killing, and make no distinction as to when the offences were committed.

Responding to another query, Bogollagama said that Bachelet’s statement exposed the British hypocrisy. While demanding accountability on the part of Sri Lankan military on the basis of unsubstantiated war crimes accusations, the British deprived Geneva of wartime dispatches (January-May 2009) from its High Commission in Colombo in a bid to facilitate the campaign against Sri Lanka, former minister Bogollagama said.

The British exposed their hostile intentions when London turned down Sri Lanka’s request to hand over those dispatches to Geneva, the ex-lawmaker said, urging the government to continuously highlight the need for examination of all available evidence by the proposed new Geneva inquiry unit appointed at a cost of USD 2.8 mn.

Bachelet’s request to the UK was interesting, Bogollagama said. The former minister was referring to Bachelet’s appeal: “I urge UK legislators in both Houses of Parliament, and the Government, to take these concerns fully into account when reviewing the Bill, and to ensure that the law of the United Kingdom remains entirely unambiguous with regard to accountability for international crimes perpetrated by individuals, no matter when, where or by whom they are committed.”



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Prison officers urge Justice Minister to protect their colleague who opened fire

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Coffins of prison staff killed in Monday's clashes at the Negombo Prison, placed at Prison headquarters, Welikada (pic by Nishan S. Priyantha)

Prison officers yesterday requested Justice and National Integration Minister Harshana Nanayakkara to protect their colleague who opened fire at the Negombo Prison during Monday’s riot.

They made that request when the Minister visited the Welikada Prison to pay his last respects to seven officers killed by inmates during the clashes. Soon thereafter, the National Hospital reported that another prison officer had succumbed to his injuries.

The Minister was told that the officer had opened fire through a small opening in the main door to prevent the rioting prisoners from escaping.

The Opposition has demanded to know who ordered the prisons officer to fire. The concerned officer’s colleagues told the Minister that had a breakout occurred the inmates would have posed a serious threat to the public.

Altogether, authorities transferred 1,033 inmates from Negombo to other prisons. Among them was Katuwellegama Suresh, who is alleged to have spearheaded Sunday’s attack on a group of prisoners that led to the following day’s clashes.

Executive Director of the Committee for Protecting the Rights of Prisons, Attorney-at-Law Senaka Perera told The Island that some of the transferred inmates had been mercilessly assaulted in other prisons.

Sources familiar with the situation at prisons said that they were able to accommodate between 11,000 to 12,000 inmates but over 40,000, both convicted and suspects were held in the country’s prisons. About 30,000 of them are suspects. Due to severe overcrowding, prison management had been compelled to accommodate both the convicts and suspects at the Negombo Remand Prison, sources said, adding that the clashes had erupted between the two groups.

Those who had been convicted were accused by the other group of passing information to the previous prison management resulting in elimination of narcotics and other banned items in the prison, sources said. They went on the offensive after both the administrator and the second-in-command were transferred separately and the authorities ignored the volatile situation and proceeded with routine work on Monday.

Sources said that the authorities were yet to release the exact number of convicts and suspects killed and wounded during clashes between the two groups and with prison staff. According to the Health and Media Ministry the total number of persons admitted to the National Hospital, following the incidents, were 29. Of them, 14 were inmates. The Ministry said that of the 29, 12 were in the intensive care unit.

Prof. Prathiba Mahanamahewa told The Island that the overcrowding of prisons should be carefully examined, taking into consideration that even some innocent people were held in various prisons. Poisons, Opium and Dangerous Drugs (Amendment) Act of No 41 of 2022 was being exploited and misused by law enforcement authorities to frame and arrest people. In terms of this law, those who had been framed couldn’t secure bail from the High Court but had to seek the intervention of the Court of Appeal. The lawyer explained how Section 54 of the Act was being used indiscriminately against people.

According to Mahanamahewa about 80 percent of those suspects held were on narcotic charges.

By Shamindra Ferdinando

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Negombo Prison riot: Ensuring protection of prisoners fundamental responsibility of the state – UN

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Marc-André Franche

Expressing concern over the death of prisoners, both convicts and suspects, as well as correctional officers, the United Nations Resident Coordinator in Sri Lanka, Marc-André Franche has emphasised that ensuring that protection is a fundamental responsibility of the State.

Twenty prisoners and seven correctional officers were killed in clashes on Sunday and Monday. Over 100 received injuries.

Issuing a statement, the United Nations extended its condolences to the families affected by the tragedy and wished a speedy recovery to those injured.

Underscoring prison officials carried out challenging duties in service of the State, and the general public, the UN Resident Coordinator said that their loss was deeply felt. The UN also stressed that inmates who died, or were injured, were under the care and protection of the State, emphasising that both correctional officers and prisoners require greater protection. Ensuring that protection is a fundamental responsibility of the State, he said.

The UN statement highlighted the urgent need for continued investment and reform within Sri Lanka’s prison system.

It pointed to longstanding challenges, including overcrowding, outdated practices and poor conditions in detention facilities, which remain concerns in prison systems both in Sri Lanka and globally.

The UN said Sri Lanka’s engagement with international human rights standards, relating to the treatment, safety and wellbeing of persons deprived of liberty, provides an important framework for addressing these issues.

The United Nations welcomed the establishment of an independent committee to investigate the circumstances surrounding the prison violence and emphasised that the committee’s findings should lead to concrete and lasting improvements in detention conditions.

The UN also reaffirmed its commitment to supporting Sri Lanka through technical cooperation aimed at improving prison security, strengthening detention conditions, and supporting the welfare of correctional personnel.

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Govt. considers banning or restricting social media for children under 16: PM

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Harini Amarasuriya

The government was considering imposing restrictions or a possible ban on social media access for children under 16, Prime Minister Harini Amarasuriya told Parliament yesterday (8).

Responding to a question raised by SJB Gampaha District MP Harshana Rajakaruna, the Prime Minister said discussions with relevant stakeholders were currently underway to assess the impact of social media use on children and explore measures to ensure their safety.

She said the consultations, led by the Ministry of Women and Child Affairs, were focussed on the social, mental and health effects of excessive social media use, digital security concerns and global developments in regulating online platforms.

The Prime Minister said the National Child Protection Authority and the National Childcare and Protection Society were also engaged in discussions on the proposal, while steps were being taken to draft national guidelines on restricting access to social media platforms for children below 16 years.

She added that awareness programmes would also be introduced to safeguard children’s mental and physical wellbeing in an increasingly digital environment.

According to the Prime Minister, several government institutions, including the Ministries of Women and Child Affairs, Education, Higher Education and Vocational Education, Health, Mass Media and Digital Economy, along with the Sri Lanka Police, Department of Probation and Child Care Services and the National Child Protection Authority, were collaborating on the initiative.

The PM said the government, together with World Vision, was implementing a programme aimed at addressing mobile phone addiction among children under 18, which had already shown positive results.

Prime Minister Amarasuriya said the government’s focus was to strike a balance between protecting children from potential online harms and ensuring they benefit from digital opportunities.

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