minorities’ prespectives - issue 02

7/29/2019 Minorities Prespectives - Issue 02

1/12

September 2012Issue - 02 www.thepeoplesrights.org/

Minorities PerspectivesMinorities Perspectives

Peoples Rights is a website aimed at promoting and protecting human rights in Sri Lanka.

The Centre for Policy Alternatives (CPA) was formed in 1996 in the rm belief that the vital contri-bution of civil society to the public policy debate is in need of strengthening. CPA is committed to

programs of research and advocacy through which public policy is critiqued, alternatives identiedand disseminated. CPA is an independent, non-partisan organization which receives funds frominternational and bilateral funding agencies and foundations.Web www.cpalanka.org, Email [email protected], Telephone: +94 (11) 2565304/5/6

THE LLRC and the UNHrc Resolution


2/12

President Mahinda Rajapaksaappointed the eight memberLessons Learnt and Reconcilia-tion Commission (LLRC) with a mandate toexamine the causes and impact of the conict

and to suggest recommendations to promotenational unity and reconciliation and to iden-tify mechanisms for restitution to the peopleaffected by the conict. The commission con-sisted of chairman C.R. de Silva, ChandirapalChanmugam , Prof. Karunaratne Hangawatte,Maxwell Paranagama, H.M.G.S Palihakkara,Dr.Rohan Perera,Mano Ramanathan and M. T.M. Baq (replaced commissioner M. Jiffry fol-lowing his demise).The commission was ini-tially given a mandate of six months.

The LLRC: Timeline

The LLRC commenced itspublic sittings.

The IAAC released its prog-ress report titled, Progress

Report on the Implementation of the InterimRecommendations of the LLRC.

The LLRC submitted itsinterim report to the Presi-dent. The report covered the following issues;detention, land, law and order, administration,language and socio-economic issues.

The LLRC concluded its publicsittings held in Colombo andoutstation which included Jaffna, Puttalam,Mullaitivu Vavuniya, Killinochchi, Batticaloa,Ampara, Trincomalee, Anuradhapura, Moner-agala, Galle and Matara. The commission hadreceived 1,000 oral submissions and 5,000 writ-ten submissions by then.

04 February

The Inter Agency AdvisoryCommittee (IAAC) was ap-pointed through a cabinet paper to facilitate

the implementation of the LLRCs interim rec-ommendations. The IAAC consisted of Chair-man Mohan Peiris, Secretary of the Ministryof Defence, Secretary of the Ministry of PublicAdministration and Home Affairs, Secretary ofthe Ministry of Justice, Secretary of the Minis-try of Economic Development, Secretary of theMinistry of Rehabilitation and Prison Reforms,Secretary of the Ministry of External Affairsand Secretary of the Presidential Task Force.

The LLRCs mandate

was extended by sixmonths.

The IAAC commenced its

functions.

30 March

10 MayThe LLRCs mandate was ex-tended for another six monthstill 15 November 2011.

12 April

2

010

10 May

11 August

27 October

08 November

24 November

13 September

Source : The Lessons Learnt and Reconciliation

Commission

The National Action Planfor the Promotion and

Protection of Human Rights tabled by Mahin-da Samarasinghe, Minister of Plantation Indus-tries and the Special envoy of the President onHuman Rights was approved by the cabinet.The ve year action plan consists of eight sec-tions including civil and political rights, eco-nomic, social and cultural rights, torture, rightsof children, labour rights and rights of migrantworkers, rights of displaced persons.

14 September

The LLRC handed over itsfnal report to President

Mahinda Rajapaksa. The LLRCs multiple rec-ommendations were listed under the followingthemes; Recommendations on InternationalHumanitarian Laws pertaining to the nalphase of conict, Recommendations on Hu-man Rights, Recommendations on Restitution/Compensatory Relief, Recommendations onLand Issues, Observations on Issues impacting

on Post Conict and Reconciliation.

20 November

The LLRC report ispresented to the Parlia-ment and made public.

16 December

The United Nations SecretaryGeneral (UNSG) panel appointed

by UN Secretary General Ban Ki moon handed

over its fnal report to the Secretary General.The panels report found credible allegationson war crimes committed by the Sri Lankanmilitary and the Liberation Tigers of TamilEalam (LTTE). The panel called for an inde-pendent international mechanism to investi-gate these allegations.

2

011

LLRC

LESSONS LEARNT AND RECONCILIATION COMMISSION2


3/12

The establishment of the Lessons Learnt Reconciliation Commission (LLRC) by the Government on 15 May2010 seemed to indicate the Governments intention of initiating a process that would examine issues thathave contributed to the war and to identify lessons that need to be learned. While there were domestic fac-tors for the creation of such a mechanism, the continuing international attention on the last stages of the war,including the establishment of a Panel of Experts by the United Nations Secretary General increased pressureon the Government to move forward was a critical factor in the establishment of the LLRC. Heralded by someas a key post-war development who also found that the nal report offers constructive recommendations forassisting the post-conict transition process, others have critiqued the LLRC on a number of counts including

the mandate and composition, problems faced by victims and witnesses and limitations in the ndings andrecommendations. The LLRC having completed its report, the onus is now on the Government to act on thendings and recommendations.

A ve member Courtof Inquiry, headed byKilinochchi Security Forc-es Headquarters Commander, Major Gen-eral Chrishantha de Silva, was appointedby Army Commander Jagath Jayasuriya toinquire into the observations made by theLLRC report on casualties in the nal phase

of the war and to probe on Channel Fourvideo footage.

President Mahinda Ra-japaksa in his Indepen-dence Day speech stat-ed, We have already started implementingwhat was in the Commission. The report wastabled in Parliament on December 17. Sincethen we have done a lot.

equately address serious allegations of vio-lations of international law and called uponthe Government of Sri Lanka to implementthe constructive recommendations made inthe report of the LLRC session and to takeall necessary additional steps to fulll its rel-evant legal obligations and commitment toinitiate credible and independent actions to

ensure justice, equity, accountability and rec-onciliation for all Sri Lankans.

Attorney General EvaWanasundara stated toSunday Times that thePresident had requested the Attorney Gen-eral department to study the LLRC reportand to report back to the President. She fur-ther claimed that the department had sentand analysis on the report and was asked tostart implementing the report based on theiranalysis.

Minister Nimal Siripala deSilva states that the LLRC hasexceeded its mandate and the

Government has to consider what parts of therecommendations can be implemented im-mediately and what parts of the recommen-dations need further attention.

The Advisor to the Presi-dent on Reconciliation,Rajiva Wijesinha, presentsthe draft National Policyon Reconciliation.

The United Nations Hu-man Rights Council(UNHRC) adopted theresolution proposed by the United States(A/HRC/19/L.2/Rev1) regarding promot-

ingreconciliation and accountability in SriLanka, with 24 votes in favor, 15 againstand 8 abstentions. In the resolution Coun-cil noted that the LLRC report does not ad-

A Presidential Committeeheaded by secretary to the

President, Lalith Weeratun-ga to work on an action plan

to implement the recommendations of theLLRC was appointed by President MahindaRajapaksa.

The Lessons Learnt and Reconciliation Commission (LLRC)

2012

03 January

04 February

19 February

26 March

06 May

10 March

22 March

Cabinet approves the Na-tional Action Plan on theimplementation of recom-

mendations made by the Lessons Learnt andReconciliation Commission Action Plandrafted by the presidential committee headed

by Lalith Weeratunga.

The Action Plan is presented and made pub-lic by the Government. The action plan coversthe areas of International Humanitarian LawIssues: Human Rights: Land, Return and Re-settlement: Restitution/ Compensatory Reliefand Reconciliation.

Minister of Mass Media and Information andCabinet Spokesman, Keheliya Rambukwella

states that the Government has implemented60% of the LLRC recommendations.

26 July

LLRC

LESSONS LEARNT AND RECONCILIATION COMMISSION 3


4/12

Statements made By the Sri Lankan Government and

Polical Pares on the LLRC Final ReportThe achievement of national recon-ciliation is one of the principal aimsof the government after the eradica-

tion of terrorism...

To do so, the rst requirement is thespirit of inclusivity. We have to putbehind us the anguish of a painfulconict and to confront the challeng-es of the future as one nation

The Commission offers us detailedobservations & recommendations oninternational humanitarian law is-sues relating to the nal phases of theconict. The report clearly accepts the

position that protection of civilian lifewas a key factor in the formulation ofpolicy for carrying out military op-erations and that the deliberate tar-geting of civilians formed no part ofthis policy. Military operations wereconducted professionally, but if thereis evidence of transgression by indi-viduals, this of course should be ex-amined...

On the basis of evidence placed be-

fore them, the Commission points toseveral specic episodes which, intheir view, warrant further investiga-tion. These episodes are referred to inthe Report, in a variety of settings

It is a matter of the greatest impor-tance to the government to have thetruth relating to each of these mat-ters established in a manner that putscontroversy to rest for all time. Thegovernment has asserted clearly onmany occasions that, if reliable evi-dence is available in respect of anycontravention of the law, the law ofthe land will be set in motion

In these circumstances

the proper course of action is to setup a mechanism for gathering andassessing factual evidence relating tothe episodes indicated, buttressed bya strong investigative arm...

The Government would like to setout some basic principles with crys-tal clarity. It is a false and indeed mis-chievous canard, that the governmentis committed to a policy of changingthe demographic composition of theareas affected by the conict. It is ourrm resolve to ensure that all thosewho have been dispossessed of theirlands, are afforded the opportunity toreturn to the lands they occupied

The government nds helpful the

Commissions suggestions regard-ing the institutional mechanism todeal with land documentation and

user-right issues. Thelaunching of a well-

designed, settler centered commu-nication campaign to provide fullerinformation will be immediately un-dertaken. The Government acceptsthe Commissions recommendationsabout formulation of a land use planfor each district in the Northern andEastern Provinces and, as a longerterm initiative, the establishment ofa national Land Commission for thecountry, as a whole

Security Forces will continue to bedeployed as appropriate in all partsof the island, including the Northernand Eastern Provinces. However,

now that conditions of normalcy havebeen re-established, it will be the de-liberate policy of the Government toensure the withdrawal of SecurityForces from all aspects of communitylife, their role being conned exclu-sively to security related matters

The Government places particularemphasis on bringing about a totalend to the possession of unauthor-ized weapons. No one is more con-

cerned than we are, as a government,with this phenomenon, because ofits potential to stultify our centralobjectives. The relevant informationcontained in the Report will be actedupon

Sound prioritization is an essentialaspect of a practical strategy for im-plementation. It is important to dis-tinguish between measures address-ing humanitarian needs as a matterof urgency and longer term initia-

tives.

Lessons Learntand ReconciliationCommission hasstated that all areresponsible for this

problem. All thosewho act accordingto their conscienceshould take heed

of this statement. Therefore, we have already startedimplementing what was in the Commission. The reportwas tabled in Parliament on December 17. Since then

we have done a lot.

The Leader of the House,

Minister of Irrigaon and

Water Resource Management,

Nimal Siripala de Silva

16th December 2012

in Parliament

President Mahinda Rajapaksa addressing

the 64th Independence Day celebraons

in Anuradhapura, 04th February 2012

Source: h://www.peaceinsrilanka.org/press-releases-details/press-releases-details/2907

Source: h://www.president.gov.lk/speech_New.php?Id=122

LLRCLESSONS LEARNT AND RECONCILIATION COMMISSION4


5/12

While welcoming the observationsand the recommendations relatingto Reconciliation (paragraphs 9.167- 9.285) and in particular regardingHuman Rights (paragraphs 9.42 9.120) the UNP wishes to emphasizethat the need of the hour is a fullyfunctioning democracy wherein nosector be it ethnic, religious or po-

litical will be discriminated

The onus is now on the governmentto announce a detailed road map forimplementing the recommendationstogether with a clearly stated time-frame. The UNP also notes that theGovernment has so far failed to im-plement the interim recommenda-tions of the Commission. Thereforethe Government must establish itsbona des by taking immediate ac-

tion on all recommendations which

are agreed to by the Opposition Par-ties in Parliament that have submit-ted their observations. This roadmap must nally make a reality ofour commitments to the Afrmationof Commonwealth Values and Prin-ciples by the Heads of Government

in Port of Spain in 2009. Sri Lanka asa member of the Commonwealth is aParty to this Afrmation...

The government must take the rststep to create an environment tobuild a national consensus basedon unity, strengthening democracy,power sharing, equality and respect

for the rights of all communities. Allof us have a duty to respond and arole to play. This will also enablethe government to implement in thefullest our obligations under the in-ternational agreements on HumanRights to which we have subscribed.The success of such an approach de-pends on the ability to transform our

attitudes and thinking

Recalling the post-independencehistory of Sri Lanka and the system-atic physical, structural and psycho-logical violence that has consistentlybeen directed at the Tamil-speakingpeople of Sri Lanka, particularlythe Tamil people of the North andEast...

Asserting that a process of genu-ine reconciliation must of necessityplace victims of the war at the heartof the process, be directed at ascer-taining the truth, render justice tovictims and provide adequate repa-rations to them;

Recalling that the Government ofSri Lanka assured the world that theLessons Learnt and ReconciliationCommission would fully address allaccountability issues for alleged vio-

lations of International Humanitar-

ian Law amounting to war crimes,and other human rights abuses; ..

Disappointed with the failure of theSri Lankan government to constitutean adequate and credible mecha-nism for reconciliation which wouldhave enjoyed the condence of thevictims of abuses committed duringthe nal stages of the war;

Acknowledging the inclusion ofcertain positive recommendationsin the LLRC report, which do not

pertain to accountability, and un-dertaking without prejudice to theposition that such recommendationscollectively fall short of advancingaccountability in Sri Lanka to sup-port genuine endeavours to imple-ment such recommendations;

The Tamil National Alliance (TNA)concludes for the reasons provided

hereinafter that the Report of theLessons Learnt and ReconciliationCommission does not address im-portant questions of accountability;was designed to shield civilian andmilitary leaders responsible for seri-ous crimes from blame; and evincesthe Sri Lankan States unwillingnessto acknowledge and address issues

of accountability.

Everything is on the table now. Thereis no need to play hide and seek. Thegovernment should implement eachand every recommendation men-tioned in the report by getting inputsfrom all parties especially the minori-ties. Only President Mahinda Raja-paksa can solve this issue. He has thesupport of the majority and they will

support his moves. In addition, theTNA and the SLMC have been talkingto each other and have an understand-ing. Therefore, this is an opportunity

that should not be missed.

The Secretary of the

Sri Lanka Muslim Congress,

Hasan Ali

Source: h://unp.lk/index.php?option=com_content&view=aricle&id=491:ranil-wickramasinghe-

llrc&catid=97:news&Itemid=264

Source: h://www.nation.lk/edition/

index.php/component/k2/item/224-llrc-repor-out-what-nex

Source: Response to the Lessons Leart andReconciliation Commission Repor, Tamil Na-

tional Alliance, Januar 2012.

LLRC



6/12

The LSSP welcomes the LLRC Re-port because it provides a positiveand constructive basis for achievingreconciliation and national unity. It isa balanced, serious and comprehen-sive report that also makes available,

as a separate Annexures publication,all the data drawn on by the LLRCCommission in preparing its reportin a transparent manner. The conclu-sions drawn are clearly fair and therecommendations are sensible, and itis our hope that the Government willimplement them, soon and as com-

pletely as possible

The claim made by parties like theJHU that the Commission has exceed-ed its mandate, in recognizing theneed for devolution, is without any

foundation. Because clause 5 of thePresidents mandate to the Commis-sion clearly states institutional, ad-ministrative and legislative measureswhich need to be taken in order toprevent any recurrence of such con-cerns in the future, and to promotefurther national unity and reconcilia-

tion among communities...

The LLRC Report is in marked con-trast to the Darusman Report, whichgives undue weightage to propa-ganda material prepared by and for

the terrorist LTTE, and gives less cre-dence to the view point of the lawfullyelected Sri Lankan Government...

It may not be feasible to deal with all

issues at once, they may need to beprioritized and taken up in a phasedmanner. Early implementation of therecommendations of the LLRC by theGovernment would promote nationalreconciliation and help to strengthen

condence in the outcome of talks...

Contrary to comments made by cer-tain extremist elements, it is the con-

sidered view of the C.P.S.L. that theCommission has not transgressed itsmandate in any manner

In the view of the Communist Partyof Sri Lanka, the L.L.R.C. Report iscomprehensive, logical, objective andpositive, and its recommendationsneed implementation in fullThe L.L.R.C. Report highlights the

imperative need on the part of gov-ernment and political parties for (i)

political will and sincerity of purpose(ii) Seeking a settlement through aconsensus (iii) an adequate under-standing of the ground realities, (iv)approaching the process in a spirit oftolerance, accommodation and com-promise.

The L.L.R.C. also rightly identiesthe areas where decisions are needed.Namely they are good governance,

devolution, observance of humanrights and international humanitarianlaw, socio-economic development,solution of livelihood issues-broadlyissues affecting hearts and minds ofthe people.

In our view, the L.L.R.C. has provideda framework to all stakeholders to en-able them to construct a platform forconsolidation of post-conict peaceand security and development of mu-tual trust and co-operation among the

diverse communities...

Source: h://www.island.lk/index.php?page_cat=aricle-details&page=aricle- details&code_title=43018

Source: h://www.dailyews.lk/2012/01/12/news35.asp

The President appointed this com-mission not with a genuine intentionof studying the occurrences that oc-curred during the 30 year old sepa-ratist war or the socio- economic-political reasons that effected theseparatist struggle in Sri Lanka andnding solutions for the issues but toevade the accusations and pressurethat were aimed towards the gov-ernment at the end of the war...

It should be stated that the commis-sion was not established to nd so-lutions for the national question that

still exists even after a thirty yearwar, or learn any lessons, or to estab-lish national unity or consensus but

one that was appointed to evade theissue confronted by the Presidentand the government.As in other instances this is a waste of

public money and time. It yet againindicates that governments thathave ruled and also the present gov-

ernment have no intention or abilityto solve or even take a step towardssolving the national question underthe capitalist system nor would theyever comprehend the question cor-

rectly...

Source: h://www.jvpsrilanka.com

LLRC

LESSONS LEARNT AND RECONCILIATION COMMISSION6


7/12

It must bestated that thepanel seems tohave exceededthe limit thathad been givenor stipulated.They have ex-pressed certains u g g e s t i o n s

exceeding thatlimit.

The committee that was formed tolook into incidents from February2002-May 2009 has come up with thesuggestion that the solution to theNorth-East ethnic issue is devolutionof power. That is a clear example ofthem exceeding their powers and lim-its

But instead of that they have merely

stated that there is an ethnic issue andthat a certain solution for it would

be the devolution ofpower. We are totallyagainst this sugges-tion. They should haveremained within theirlimits and come upwith whatever sugges-tions...

The JHU feels that the LLRC panelhas also violated the norms of jus-tice and equality through such sug-gestions. The report compiled by theLRRC states that the LTTE has killed9878 innocent civilians. But they havefailed to state as to how the LTTEshould be held accountable for suchmass-scale deaths of innocent civil-ians. They have also stated that more

investigations must be carried outinto crimes that have been committedby the government security forces.They have no issue when the LTTEcommitted large-scale crimes againstinnocent civilians. And what are theconcerns that they have when one ofthe worlds most ruthless terrorist or-ganization is decimated by a legally

elected government of a country...

The LLRC has failedto go deeper into theissues of abductions,disappearances andextra-judicial killings

of Tamil people beforeand during the war.

Considering the histo-ry of the ruling regimeover the implementa-tion of the promisesmade earlier, the sincereimplementation of theLLRC recommendationsis exceedingly uncertain,although the statementsmade by Patali ChampikaRanawaka of JHU had

been nullied by the state-ment issued by the gov-ernment over its imple-

mentation in the House.

About what the Report said

about the EPDP... I am going toCourt. It is affecting my name. Myposition is that there was an ulte-rior motive that is why beforeit was submitted to Parliament, itwas leaked to some media. WhileI endorse the other recommenda-tions, I will go to court over allega-

tions levelled against the EPDP.

I dont agree with all thecontents in the LLRC report.But the approach of the re-port is important. The LLRCreport has not laid adequateemphasis on the damagecaused to the Sinhala andTamil community by Tamil

separatism.

Minister Champika Ranawaka,

Secretary of the Jathika Hela Urumaya

(JHU)

Leader of the

Ealam Peoples Democrac Party (EPDP),Douglas Devananda The Leader of the Naonal Freedom Front(NFF), Wimal Weerawansa

The Leader of the DPF

Mano Ganesan

Source: h://www.island.lk/index.php?page_cat=aricle-details&page=aricle-details&code_title=42026

Source: h://www.lakbimanews.lk/index.php?option=com_content&view=aricle&id=3951:ahinsaka-kolla-douglas-to-take-llrc-to-cour&catid=47:interiew&Itemid=48 01 Januar 12

Source: h://www.sundayobserer.lk/2012/01/01/pol01.asp

Source: h://www.island.lk/index.php?page_cat=aricle-details&page=aricle-details&code_title=43515

LLRC report has correct-ly addressed to unify theminorities in the regionwith regard to their eth-nic enmity status. It hasquite rightly pointed tothe implementation of thelanguages and languagepolicy which needs to befully implemented pro-moting their ethnic rela-tions together with publicmedia and related pro-

grammes.

The Leader of the Democrac Le Front

and Minister of Languages and

Naonal Integraon,Vasudeva Nanayakkara

Source: h://epaper.lankadeepa.lk/epaper/viewer.aspx

LLRC



8/12

We welcome the news that theLessons Learnt and ReconciliationCommission (LLRC) has submit-ted its nal report to H E PresidentMahinda Rajapakse. Friday Forum

supported the LLRC process fullyand expressed their faith in theCommission being able to pres-ent a report of value addressing

issues of terrorism, accountability,national reconciliation and peacewith dignity and equality for allSri Lankans...The Friday Forum now wishesto urge the President to release,without delay, the Report in full

for public review and discussion.There have been conicting state-ments from various sources in thisregard and a clear statement from

the Presidential Secretariat as towhen the report will be releasedin full will be welcome. It will beappreciated that public commis-sions of inquiry are appointed bythe President on behalf of the peo-ple and the costs of their sittings,

deliberations and submissions aremet from public funds...

Statements made By Civil Society Actors and Interna-

onal Actors on the LLRC Final Report

The National PeaceCouncil reiterates our

call for the appoint-ment of a Truth andReconciliation Com-mission to go more

deeply into the entire tragedy of the war to ensure that victimsare heard, their grievances addressed, compensation given andperpetrators identied and providedwith an opportunity for repentanceand amnesty

NPC urges the government to appoint a Presidential Task Force

of independent persons selected with the concurrence of the op-position and given cabinet status to oversee the implementation

of the Commissions recommendations

The Centre for Policy Alternatives(CPA) welcomes the release of theLessons Learnt and Reconcilia-tion Commission (LLRC) Report,its analysis of the root cause ofthe conict, the cataloguing of theatrocities of the LTTE, recommen-dations in respect of governance especially the de-politicisationof existing institutions, the intro-duction of Right to Informationlegislation, militarization, attackson the freedom of expression, lan-guage rights, reconciliation andthe investigation of the allegationscontained in the Channel Fourdocumentary as well as the inves-

tigation and prosecution of thoseresponsible for disappearancesand civilian deaths .

We also welcome the LLRC rec-ommendation that named individ-uals and organizations associatedwith the government be investi-

gated for human rights violationsand para-military activity, and itsrecommendations in respect of theNorthern Muslims evicted by theLTTE and the Up Country Tamilpopulation. The attention accord-ed by the LLRC to the situation ofthese two communities strength-ens the coherence of this report onthe pivotal issue of reconciliationfor the peoples of Sri Lanka...

It is pertinent to note the hardshipand subsequent harassment facedby civilians who testied beforethe commission and the insuf-cient time allocated to civilians to

make oral submissions before it...

Our disappointment extends tothe commissions treatment of theissue of the number of civilians inthe Vanni during the last phase ofthe war and the provision of foodand medical supplies to them

We note that the LLRC report isthe initiation of a process of rec-onciliation; not the end of it. Fur-thermore, the LLRC clearly statesthat it is the GOSL that has totake the lead in the process and inparticular, in arriving at a politi-cal and constitutional settlementbased on devolution of the ethnicproblem as well as other seriousproblems that threaten democrat-ic institutions. In this regard asin all others, we also note that theimplementation of the LLRC rec-ommendations necessitate a major

paradigm shift by the GOSL

We have to be happy about the report.We dont have to feel that it has to bethe answer to all our questions. Still wecan present it as a report that will helpus to achieve or start work towards

achieving peace in our country.

Friday Forum

LLRCLESSONS LEARNT AND RECONCILIATION COMMISSION

8

Source: h://www.peace-srilanka.org/index.php?option=com_content&view=article&id=424:govermental-follow-up-to-llrc-repor-is-imporant&catid=17:media

Source: h://www.sundayobserer.lk/2011/12/25/new02.asp

Cardinal Malcom Ranjith,

Archbishop of Colombo

Source: h://h://www.island.lk/index.php?page_cat=aricledetails&page=aricle-details&code_title=41400

Source: h://www.thepeoplesrights.org/2012/01/release-of-the-lessons-leart-and-reconciliation-com-mission-llrc-repor/


9/12

The commission hav-ing had no mandate toinvestigate was, from thebeginning, subjected tomanipulation by thosein power who used thecommission to state thegovernments point ofview about the incidentsrelating to the period be-tween 21st February, 2002and 19th May, 2009. The

commission in its nalreport has reproducedquite faithfully the gov-ernments version as toldby those witnesses whocame before the commis-

sion to narrate the ofcialversion.

The very absence ofthe affected populationmade the possibility ofany independent reportquite impossible. There-fore there is no reason fordisappointment in thisnal report as the wholeexercise relating to this

commission was meantto be a farce, particularlyto counter the criticismfrom UN agencies andother outside agencies

for a credible inquiry.

LLRCLESSONS LEARNT AND RECONCILIATION COMMISSION 9

Minority Rights GroupInternational (MRG)welcomes some recom-mendations made by theSri Lankan governmentsLessons Learnt and Rec-onciliation Commission

(LLRC), but condemnsits failure to deal with thecrucial issue of account-ability regarding eventsduring the latter stagesof the war in 2009

The report contradictsthe ndings made by thepanel of experts appoint-ed to look into this is-

sue by the UN Secretary

General, and by othernational and internation-al human rights organi-sations, including MRG.The report also does notdiscuss further serioushuman rights violations,

including torture andsexual violence, perpe-trated by governmentforces

In this context, MRGsays, international action

is now crucial...

Source: h://www.minoritights.org/11141/press-releases/mrg-calls-for-inde-pendent-interational-mechanism-to-deal-with-issue- of-accountabilit-in-sri-lanka.htl

The report of the SriLankan governmentsLessons Learnt and Rec-onciliation Commission(LLRC) disregards theworst abuses by govern-ment forces, rehasheslongstanding recom-mendations, and fails toadvance accountabilityfor victims of Sri Lankascivil armed conict The

serious shortcomingsof the 388-page report...highlight the need for aninternational investiga-tive mechanism into theconict as recommended

by the United NationsSecretary-Generals Pan-el of Experts in April.

The LLRCs ndings,largely exonerating gov-ernment forces for laws-of-war violations, standin stark contrast to thoseby the UN Panel of Ex-perts, the UN specialenvoy on extrajudicial

executions, and otherindependent organiza-

tions.

Source: h://www.hr.org/news/2011/12/16/sri-lanka-repor-fails-advance-accountabilit

The report acknowl-edges important eventsand grievances that havecontributed to decadesof political violence andcivil war in Sri Lankaand makes sensible rec-ommendations on gov-

ernance, land issues andthe need for a politicalsolution. But it fails in acrucial task providingthe thorough and inde-pendent investigation ofalleged violations of in-ternational humanitarianand human rights lawthat the UN and otherpartners of Sri Lanka

have been asking for.

It is now incumbent onthe international com-munity, through the UNHuman Rights Council,to establish an indepen-dent international inves-tigation in 2012. Withoutsuch an investigation,

accountability for thecrimes committed at theend of the civil war ishighly unlikely; with-out accountability, and afull understanding of thenature of the violationswhich took place on allsides, the seeds of future

conict will grow.

Source: h://www.crisisgoup.org/en/publication-te/media-releases/2011/asia/statement-on-the-repor-of-sri-lanka-s-lessons-leart-and-reconciliation-commission.aspx

Source: h://www.humanrights.asia/news/ahrc-news/AHRC-STM-207-2011


10/12

LLRC LESSONS LEARNT AND RECONCILIATION COMMISSION10

The Internaonal Community Responds to the

LLRC Final Report

TheCommis-sion hasaddresseda numberof the

crucial areas of concern to Sri Lankans. Inparticular, the report recognizes and makessubstantive recommendations in the areasof reconciliation, devolution of authority,demilitarization, rule of law, media free-dom, disappearances, human rights viola-tions...

And while were still studying the full re-

port, I do have to say that we have concernsthat the report, nonetheless, does not fullyaddress all the allegations of serious humanrights violations that occurred in the nalphase of the conict. So this leaves ques-tions about accountability and for thoseallegations, and so we urge the Sri LankanGovernment not only to fulll all of the rec-ommendations of the report as it stands, butalso to address those issues that the report

did not cover

We are condent that theresults of its work will makea great contribution to the ac-celeration of the national rec-onciliation process, as well as

to the strengthening of peace on the island...

We highly appreciate efforts of the Sri Lanka Government in solvingthe post-conict problems on the basis of state integrity, multina-tional consent and respect for the rights of all ethnic and religiousgroups of Sri Lanka

We are convinced in sincere concernment of the Sri Lanka Govern-

ment in implementing the recommendations made by the LLRC...

United States

Spokesperson of the United States,Department of State, Victoria Nuland

Russian Federation

Spokesman of the Ministry of

Foreign Affairs of the Russian Federation,

Moscow, Alexander Lukashevich

The LLRC report has underlined that the present situation provides a great window of oppor-tunity to forge a consensual way forward towards reconciliation through a political settlementbased on devolution of power. It recognises that a political solution is imperative to addressingthe root cause of the conict and notes that the Government should provide leadership to a po-litical process which must be pursued for the purpose of establishing a framework for ensuring

sustainable peace and security in the post-conict environment

We hope that the Government, of Sri Lanka recognising the critical importance of this issue, acts decisively and with

vision in this regard

IndiaMinistry of External

Affairs, S.M. Krishna

The report con-tains many impor-tant recommenda-tions

There are still manyunanswered questions that must be claried as

regards who is responsible for the many civiliandeaths in the nal phase of the war. Norway urges

Sri Lanka to investigate this matter fully.

Norway

Minister of Environment and

International Development

Erik Solheim. Norway

The British Government be-lieves that the report containsmany constructive recommen-dations for action on post-con-ict reconciliation and a political

settlement. Implementation of these recommendations, howev-er, is the real test of Sri Lankas progress

The British Government is, on the whole, disappointed by the

reports ndings and recommendations on accountability.

United Kingdom

Minister of Foreign Office in

United Kingdom, Alistair Burt

Sri Lankas Lessons Learnt and Reconcili-ation Commission tabled its report in thenational Parliament yesterday, and Mr. Banwelcomed the public release of the report,

according to information released by hisspokesperson last night.

The spokesperson said Mr. Ban hopes the Government will (sic)for-ward with its accountability commitments in good faith as an essen-tial step towards reconciliation and lasting peace in the island coun -

try.

United NationsThe Spokesperson for

UN Secretary General

Ban Ki-moon

The High Representative takes note of the presentation of the Lessons Learnt andReconciliation Commission report to the Sri Lankan Parliament. She hopes that thereport will contribute to the process of reconciliation in Sri Lanka. A detailed and care-ful study of the measures proposed to implement the recommendations in the report

is needed, including on the issue of accountability.

European Union

High Representative of the Union for

Foreign Affairs and Security Policy,

Catherine Ashton, on behalf of the

European Union, Catherine Ashton

European Union


11/12

The UN Resoluon on Sri Lanka

LLRCLESSONS LEARNT AND RECONCILIATION COMMISSION 11

The United States of America, on 7th March 2012tabled the draft resolution on Sri Lanka titled Pro-moting Accountability and Reconciliation in SriLanka at the 19th Session of the United NationsHuman Rights Council (UNHRC) to discuss thehuman rights situation in Sri Lanka including the

implementation of the Governments own LessonsLearnt and Reconciliation Commission (LLRC).

The rst two paragraphs request the Governmentof Sri Lanka to implement the ndings of its ownLLRC. It calls on the Government to address allegedvialations of human rights.The third paragraphcalls for support for the Government of Sri Lanka toimplement these ndings through the assistance ofvarious UN actors in consultation with the Sri Lank-an Government. Contrary to some speculations, the

resolution does not call for sanctions, military inter-vention or punitive action against the Governmentof Sri Lanka. The only requirement by the Govern-ment is to provide a comprehensive action plan asto how the LLRC will be implemented, a simple re-quirement that will also provide information to thecitizens of Sri Lanka and others as to how the Gov-ernment will set about fullling their obligations.On 22nd May 2012 the resolution (A/HRC/RES/19/2) was passed with 24 votes in favor, 15 votes againstand 08 abstentions.(Source: h://www.thepeoplesrights.org/wp-content/uploads/2012/03/Question-Answer-Sheet-on-the-Resolution-tabled-at-the-United-Nations-Human-Rights-Council-

on-Sri-Lanka. pdf )


12/12

LLRCLESSONS LEARNT AND RECONCILIATION COMMISSION12

A major achievement at this session was the adoption of a resolution on the Promo -tion of Reconciliation and Accountability in Sri Lanka. This is an important step forthe people of Sri Lanka as it encourages the Government of Sri Lanka to take the neces-sary measures to address accountability and continue on the path toward reconciliation.With this resolution, the Council sent a strong signal that Sri Lanka will only achieve

lasting peace through real reconciliation and accountability.

The process of national reconciliation in Sri Lanka should be carried out by the Gov-ernment of Sri Lanka without interference from outside forces. The international com-munity should not make hasty and ill-founded judgments. The Russian Federation re-mained rm in its position that country situations could be considered in the Councilonly with the agreement of the State concerned and attempts to dictate to a sovereign

State how policy should be carried out was unacceptable.

United States

U.S. Ambassador to the

UN Human Rights Council,

Eileen Chamberlain Donahoe

India believed there was a window of opportunity to forge reconciliation through politicalconsultation between all groups. India had noted the Sri Lankan Governments commence-ment of dialogue with all parties, including the Tamil National Alliance. The Sri Lankan Gov-ernment should play the lead role in this regard. India was condent that implementation of

the report would foster substantive reconciliation. India subscribed to the general message ofthe resolution, but any assistance should be taken in consultation with the Sri Lankan Government.

IndiaMinistry of External

Affairs, S.M. Krishna

The EU fully supported the resolution on Sri Lanka, which invites the country to engagemore with the Human Rights Council on past human rights violations. Respect for therule of law and addressing accountability are in the EUs view necessary steps towardsnational reconciliation and sustainable peace. The EU has expressed strong concern at this

session at reported acts of intimidation and reprisals against civil society representatives both in Sri Lanka and in

Geneva and has called on the Government to respect and protect their rights.

Constructive dialogue and cooperation was the proper way to resolve conicts. Theresolution submitted by the United States was a product of the politicization of human

rights. The reconciliation efforts of Sri Lanka were beyond the mandate of the HumanRights Council. Sri Lanka required the assistance of the international community. Thedraft resolution interfered in the internal affairs of Sri Lanka and violated the principles

of the United Nations. The international community should provide the Government with sufcient time and spaceto complete the national reconciliation process and China called on all Member States to reject the draft resolu -

tion.

China

The representative of Chinaat the UN mission in Geneva

Thailand had always attached much importance to accountability and the ght against impu-nity as well as to engagement, cooperation and dialogue with the country concerned. Sri Lankahad shown a clear willingness to cooperate. For the moment, the home-grown process should beprioritized. So far, Sri Lanka had shown its willingness to cooperate with the Council...Thailand urged the Sri Lankan Government to implement without delay, the recommendations

of the Lessons Learned and Reconciliation Commission.

Thailand

Representative of

Thailand in Geneva

Nigeria, speaking in an explanation of the vote before the vote on resolution L.2/Rev.1, saidNigeria had decided to vote for the resolution, not to censure Sri Lanka but to encourage theprocess of reconciliation in the country. Nigeria had fought a civil war and the wounds of warhad healed through an open and inclusive reconciliation process. Nigeria was ready to assist SriLanka and wished the Government and the Sri Lankan people every success in the reconciliationprocess.

Uruguay, speaking in an explanation of the vote before the vote, said Uruguay would votein favour of the resolution, as it was balanced and constructive. It sent a clear message from theinternational community that it was willing to cooperate with the reconciliation efforts at thenational level. Uruguay appreciated the efforts of the Colombo Government, including the pri-orities for human rights laid out in the Action Plan and measures contained therein. The Council

had cooperation instruments and tools for achieving these objectives, working together with the authorities. Uru-guay urged Sri Lanka to investigate human rights violations, including reprisals against political opponents, humanrights defenders and reports of enforced disappearances.

Statements made by the Internaonal Community

on the UN Resoluon

Russian FederationRepresentative of

Russian Federation in Geneva

European UnionRepresentative of

European Union in Geneva

NigeriaRepresentative of

Nigeria in Geneva

UruguayRepresentative of

Uruguay in Geneva

minorities’ prespectives - issue 02

Documents