29 July, 2021

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Hybrid Judicial Mechanism; Should We Not Accept It?

By R.M.B Senanayake

RMB Senanayake

RMB Senanayake

Is an international role necessary to strengthen government’s mechanism to address issues of the past?  

The UN report on human rights in Sri Lanka has been published. A news report says that the release of UN Report on alleged war crimes and human rights violations in Sri Lanka’s war is an important step in the country’s transition to good governance and ethnic reconciliation.

The UN Report goes on to say that it will require the Sri Lankan government and people to give their attention to the unhealed wounds of the past that continue to fester in the body politic without any action being taken by any government for fear of displeasing the masses and losing their political support. But this is a total failure of political leadership. Instead, the liberal political elements that are in the present Government have sought to resolve the problem by stealth, by removing the obstacles and listening to the grievances of the Tamil political leadership without any publicity. This may be the politically prudent way in a country where racists are just below the surface. So the ethnic problem has dragged on for many years and no government has taken action to resolve the issue comprehensively. But it cannot be allowed to drag on indefinitely.

Mangala UNHRC Sep 2015The present government too does not want to openly resolve the issue for fear of losing the votes of the Sinhalese. But that is a failure of moral and intellectual leadership on the part of our governing elite. It is necessary to remind these racists in our society, of the violations committed by us Sinhalese racists in the not too distant past as given in the UN Report. The UN Report highlights among others the atrocities that took place, the failures of governance and continuing suffering of victims. Could we honestly disagree with them?

The Tamil problem has not been addressed and is outstanding for a long time. It will not just go away and requires a resolution by an enlightened government in the South to enable a genuine reconciliation of the races – the Sinhalese and the Tamil s. A new problem has been added with regard to the Muslims who are now a displeased community too. The Christians feel it will be their turn next. So these problems cannot be ignored.

The UN Report says “The Sri Lankan government has made little progress in providing accountability for wartime abuses. The government’s failure to comply with a March 2013 United Nations Human Rights Council resolution led to a new resolution in 2014. The resolution calls on the UN Office of the High Commissioner for Human Rights (OHCHR) to investigate serious violations of international human rights and humanitarian law and related crimes by both sides during Sri Lanka’s civil war, which ended in 2009.

The government, it says “has also continued its crackdown on critics. In March 2014, it detained two prominent human rights defenders who were looking into the arrest of an ethnic Tamil activist. Although the two were subsequently freed, the government arrested scores of other Tamils under the draconian Prevention of Terrorism Act. It also labelled 16 overseas Tamil organizations as financers of terrorism without providing evidence of unlawful activity by the groups”.

Sinhala racism is lying under the surface waiting to be revived by some extremists. A law against racial and religious incitement should be enacted by the present government. A similar law was passed in India. The message must go to the Sinhala racists that incitement of violence against minorities is against the law. The present provisions in the Penal Code are perhaps too weak. So a new law is necessary.

The UN Report refers to a rally by the ultra-nationalist Buddhist Bodu Bala Sena (BBS) that escalated into violence in June, resulting in the death of four Muslims, injuries to at least 80 people, and the destruction of numerous Muslim homes and businesses”.

The UN Report also says that “the government’s treatment of Tamils forcibly returned to Sri Lanka after being denied asylum overseas continues to be a significant concern”. In 2014, the government also started forcibly returning foreign nationals seeking asylum in Sri Lanka, many of them from communities at risk in Pakistan and Afghanistan.

The UN Report has recommended mechanisms to deal with the past that will be based on a four tier system. It will include a Commission for Truth, Justice, Reconciliation, an Office of Missing Persons, a judicial mechanism with special counsel to be set up by statute and an Office of Reparations. There is mow greater acceptance of the need to investigate the past. If the past is swept under the carpet the risk of its repeat is high. In 1988 we ignored the violations of human rights of the JVP insurrectionists. True they committed atrocities. But a civilized government is not expected to adopt the same practices. We had an insurrection in 1971 but the then government under Sirimavo dealt with it without violating the human rights of the JVP prisoners.

There appears to be a greater convergence within the country today on the need to investigate the past and bring the sordid chapter of communal violence to a close. The election of the new government in January has opened up space for a genuine dialogue and disposal of the past. The UN Report has recommended a hybrid judicial mechanism and the involvement of international judges, lawyers, prosecutors and investigators. Should we not accept it?

The argument that it would interfere with our national sovereignty is not valid for we have signed up to the International Covenants. It will no doubt stir up the racists who will oppose it. Justice for the victim is of no concern to them when the victim is of a different ethnic or religious affiliation. So it will remain a contentious issue in our society on which divergent points of view are being expressed. But those in authority with a mandate from the people need to take the initiative. Leaders are required to lead and act according to what is right according to law- not only domestic law but also international law and human rights.

We have in the past ignored violations of human rights and failed to investigate human rights violations, or to ascertain the truth and ensure justice. The UN says they are encouraged by the fact that Sri Lanka has a new government that has adopted a stance that is diametrically opposite to that of the previous government; that the new government has expressed its willingness to cooperate with the UN and international community and has pledged to implement its commitments to international standards.

So the new government should express its opinions openly and seek to influence public opinion on the need for truth seeking to enable reconciliation of the communities. This will enable not only the International Community but also the victim communities to have confidence in them that they will pursue the truth and punish those responsible for the atrocities of the past.

But as the aforesaid reporter says let the UN and international community strengthen the capacity of the Sri Lankan government’s proposed domestic mechanism by providing it with the necessary international resources, support and advice and enhance the credibility of its proposed four tier mechanism by having a dialogue with all stakeholders to refine the mechanism. It can also appoint the members of this mechanism via the multi-partisan Constitutional Council, which includes the Leader of the Opposition R. Sampanthan, who is also the leader of the main Tamil political party in Parliament and three eminent and multi-ethnic representatives of civil society”

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Latest comments

  • 18
    2

    If we are certain that we have not committed any wrongs, why can’t we accept it?

  • 18
    3

    Mr. Senanayake,

    I agree with you. The moment has to be seized by the horns. So-called public opinion cited by our politicians is a gigantic fraud. What has to done has to be done at least now, decively. Our politicians have to learn to be leaders. Let them lead from the front and tell the poeple the unadulterated facts- the truth. They will accept what is right, if it is explained to them properly. Once elected politicians must do what is right and not what is opportunistic or expedient, as has been the case since idependence.

    I however have to disagree with the following sentence:

    “We had an insurrection in 1971 but the then government under Sirimavo dealt with it without violating the human rights of the JVP prisoners.”

    Terrible crimes were committed against the JVP cadres and symathaisers. I was witness to an incudent where an individual tied to the back of an army jeep was dragged along a street in Anuradhapura, at high speed. I yet remember his screams. I have also heard from a relative who was senior officer in the police at that time that suspects including Buddhist monks were lined up in front of a pit with burning tyres at the Kuliyapitiya police station, were shot in a manner that they would fall into it immediately. They were burnt while yet alive! This police officer resigned and left the country soon after.There were many such incidents around the country. The Premawathie Manamperi incident in Kataragama is also a case that cannot be forgotten.

    The actions and reactions of the Sirimavo government laid the foundations for the ugly edifice constructed by her successors in the following decades.

    Dr.Rajasingham Narendran

  • 11
    3

    RMB,

    All people with an iota of conscience should:

    For 67 years since independence Sinhalese-Buddhist dominated state, its agents and politicians have denied justice to the Tamil community.

    Why do they fear a Hybrid Judicial Mechanism?

    Because they still don’t want Tamils to get justice for the war crimes, crimes against humanity, and genocide of Tamils they committed, and still continuing to commit.

    Didn’t JRJ say: If I starve the Tamils Sinhalese people will be happy? Was he not correct? Has the Sinhalese community as a whole disputed his statement to this day?

    The Sinhala Buddhist racist logic is simple, isn’t it?

    • 1
      2

      Perhaps it (International mechanism) is being avoided to protect the Monsters who were in power up to January 8 2015

      • 0
        1

        As for precedence (which DJ says is neded?) the following will be revealing:

        “There had been nearly eighteen Commissions of Inquiry in the past from 1963 to 2013 and the latest being the Presidential Commission on Missing Persons chaired by Maxwell Paranagama, mandate of which was later extended to cover war crimes.

        Majority of these commissions were associated with violence against Tamils. Two of the commissions had “international” presence.

        The first notable one being the Commission appointed in June 1963 by William Gopallawa, Governor General of Ceylon to investigate the killing in 1959 of the then Prime Minister S.W.R.D.Bandaranaike and to determine whether there was a wider political conspiracy in the assassination.

        Another Commission of Inquiry was appointed to investigate and inquire into sixteen serious violations of Human Rights since 1st August 2005, including the Trincomalee 5 (students) and Moothoor 17 ACF Humanitarian Workers all of whom were Tamil speaking.

        The Bandaranaike Commission of Inquiry had Justice T.S.Fernando, Judge of the Supreme Court of Ceylon and two “international” Judges, Hon. Adel Younis, a Judge from United Arab Emirates and Hon.G.C.Mills-Odoi, Judge of the Court of Appeal of Ghana. Both judges were invited by the SL government to participate in the “hybrid court.”

        The second Commission did not have foreign Judges but had a body of International Observers, the International Independent Group of Eminent Persons (IIGEP), headed by Justice S.N. Bhagwati, a former Chief Justice of India and a former head of the UN Human Rights Committee. The members of the IIGEP were nominated by the then President of Sri Lanka, Mahinda Rajapaksa.

        But, during its tenure, the IIGEP quit half way after the investigations began, citing conflict of interest in the proceedings before the Commission, lack of effective legal framework for victim and witness protection, lack of transparency and timeliness in the proceedings, lack of full co-operation by state bodies, and lack of financial independence of the commission.

        The IIGEP recommended that the government of Sri Lanka not allow the Attorney General (AG) to function as Counsel assisting the Commission of Inquiry, as there is a conflict of interest with the AG being the Principal legal Officer of the State.

        ‘Sri Lanka’ continued to allow the AG to intervene in IIGEP’s functions.

        When Dr. Manoharan father of Rajiharan, one of the 5 students murdered by the STF in the Trincomalee beach on 02 January 2006, started to give evidence via Satellite from a European country, the testimony presented damaging details implicating the security forces. The SL government promptly withdrew the funding and stopped any video evidence. Dr. Manoharan has recently said that he will not go to ‘Sri Lanka’ to give evidence if the Hybrid court sits in the island.”
        source: Tamilnet

    • 2
      1

      Hybrid Court

      1) Does any Justice System in the world ask the alleged criminal (based on prima facie evidence) his/her opinion on selection of judges, courts, prosecutors, etc ?
      2) “Hybrid Court” is a threat to sovereignty of Sri Lanka; in what way ? When we (SL as a country) borrow from overseas countries/institutions, we (SL as a country) have to dance according to the overseas creditors music anyway . Then what happens to the SL’s sovereignty ?
      3) When we (SL) borrowed (at very high interest rates) from China for Hambantota projects & Port City project, there were thousands of Chinese workers (even some street name boards are in Chinese) in SL’s soil – giving directions to/advising Sri Lanka workers. What happened to the SL’s sovereignty ? Why Hybrid Court is different ?
      4) When Sri Lanka Petroleum Corporation paid millions of dollars to OVERSEAS BANKS based on INTERNATIONAL Arbitration Tribunals’ Order, What happened to the SL’s sovereignty ? Why Hybrid Court is different ?

  • 8
    2

    There is not an iota of bias in this great soul, RMB Senanayake. How more noble could anyone be!

  • 9
    3

    Thank you Mr.R.M.B. Senanayake for being forthright and expressing your wisdom like Lord Buddha.
    It also brings back memories of pre Sept 26thdefinitely y 1958, 1956, speeches by leaders like N.M. Perera, Colvin R de Silva, Edmund Samarakody in the then Ceylon Parliament.

    Yes , it is better to accept the report and go forward with establishing a credible hybrid judicial mechanism that is acceptable to the SriLankan parliament and the UN human rights council. Don’t miss this opportunity.Otherwise there may be anarchy through programmes like July 1983 and May 1958 and assassinations like Sept 1959 one. If such things do happen definitely there is going to be foreign interventions.

    Remember the Kelanya – Kandy march by JRJ and his gang including monks. Mahinda has started to visit vihares and temples again, Weerawansa and the others of the bring back Mahinda camp are going to have marches and rallies to poison the minds of the majority.
    Who will re-convert the majority of the Buddhists back into Buddhism?.

    Remember also this . Devanampiya Tissa and his subjects accepted Mayuran Empire Dharmaasoka ‘s hybrid mechanism and took his Kingdom forward.

  • 6
    3

    R.M.B Senanayake

    Re: Hybrid Judicial Mechanism; Should We Not Accept It?

    Q. Is an international role necessary to strengthen government’s mechanism to address issues of the past?

    A. Yes. Sri Lanka earned it.

    Q. Also ask the question,is an international role necessary to strengthen government’s mechanism to address corruption in the courts of the past and of the present?

    A. Yes. Sri Lankan courts earned it.

    Courtesy of

    MaRa MaRa Chatu MaRa
    MaRa MaRa Amana MaRa
    MaRa MaRa MiNi MaRu MaRa
    MaRa MaR Dhushana MaRa

    • 2
      0

      Amarasiri,

      The OISL Report states:

      “The new Government which took office in January 2015 showed encouraging signs of cooperation and engagement with OHCHR, and there were a number of exchanges between the High Commissioner and the Foreign Minister, Mangala Samaraweera. However, the new Government did not cooperate directly with OISL, its position on access to the country did not change, and it did not respond officially to a letter sent on 15 March reiterating a request for information.”

      How can an international role strengthen the government’s mechanism if they do not want to cooperate?

      Every failure of implementation is, by definition, also a failure of formulation.

      The formulation of the mechanism has already failed! Thus, the implementation will also fail!

      • 2
        2

        Swing Low, Sweet Chariot

        “The formulation of the mechanism has already failed! Thus, the implementation will also fail!”

        We all know that they all are delaying tactics, to get out from under. In Sri Lanka they normally appoint local Commissions, and after few years or so issue reports and nothing happens. LLRC Commission and reports are the same.

        The Latest iterations are the same.

        Who is fooling whom?

  • 2
    1

    I am told that there is a Committee appointed by the ExCo of the OPA to discuss national issues and that Mr. RMBS is a member of that Committee. If so it is a golden opportunity for Mr. RMBS to convince the Committee and to get a Press Release from the OPA, giving his thoughts a civil society endorsement.

  • 5
    2

    The International Council of Eelam Tamils (ICET) had this to say, for due consideration:

    “RE: OISL Report and the call for a credible international investigation that does justice to the victims
    The report from the OHCHR Investigation on Sri Lanka (OISL) was released this week in Geneva after more than 12 months of investigation into the horrible acts of war crimes and crimes against humanity committed against the Tamil people. Despite the travel ban imposed by the GoSL on the OISL panel members, disallowing extensive evidence collection inside the island, their report identified serious violations of war crimes and crimes against humanity during the period of investigation corroborating the findings of numerous local and highly respected international organizations.
    We welcome the request in the report calling the Government of Sri Lanka (GoSL) to retroactively sign the Rome Statute. Refusal by the GoSL to accede to this request should be taken as a clear signal that it has no political will to change and cannot be trusted. The OISL panel members correctly identified the nature of the crimes and the culpability of the GoSL state apparatus as ”system crimes.” It should be noted that many of the perpetrators who were part of the chain of command responsible for the atrocities are still in power and many of the military personnel have since been promoted even after the “regime change!” The current President of Sri Lanka held the position of Deputy Defence Minister during the peak of the brutal military offensive in 2009, when hospitals and GoSL designated “safe zones” were indiscriminately bombed by their own military where tens of thousands of civilians were brutally massacred just because they were Tamils. In addition, all Sinhalese candidates in both the Presidential as well as the Parliamentary elections pledged to protect those who were responsible for war crimes from any investigation. No tangible progress has been made, even after the Jan 2015 “regime change” in Sri Lanka, on their own investigations. Despite the 100-day plan of action pledged by the current President, no demilitarization of the Tamil homeland has happened and large areas of private lands of the Tamils are still under “land grab” by the military while the people who have been driven out are living under squalid conditions. It will be a travesty of justice to ask the Tamil victims to expect justice from the Sinhala-dominated GoSL, law-enforcement, and judiciary which have been continuing to commit genocide with impunity for over six decades.
    Tamils do not have faith in any Sri Lankan government-led judicial process. The proposed domestic court cannot be called as a “hybrid court” because it is not established through an international treaty similar to the hybrid courts in Sierra Leone (SCSL), Lebanon (STL), and Cambodia (ECCC), all of which were established through agreements between concerned countries and UN Secretary General, under the oversight of the Security Council. Without an international treaty, without a proper Constitution, without relevant laws to deal with international crimes – “a mechanism with simple combination of domestic and foreign judges” is doomed to be a failure. The inadequacy of the GoSL laws to try war crimes has already been emphasized in the recently passed Northern Provincial Council resolution calling for a truly independent international investigation. It should be noted that the NPC resolution was brought forward by former Supreme Court Judge and current Chief Minister the Honourable Mr. C.V. Vigneswaran who is very familiar with the judicial system in Sri Lanka and the limitations it has in being able to try international war crimes.
    The victims and witnesses provided their evidences and testimonies to UN’s OISL panel, in the legitimate hope that as the next step it will be an independent and international inquiry or referral of Sri Lanka to the International Criminal Court for further inquiry. Important witnesses who provided evidences to OISL had fled from Sri Lanka as refugees and they will not be able to return and provide their evidence in Sri Lanka, if the next inquiry is held only in Sri Lanka. That will be an important setback to the complete and comprehensive truth finding. In addition, there is no credible witness protection program in place to protect those who dare to give evidence within Sri Lanka. Already the military intelligence had threatened and dissuaded the victims from giving evidence to the GoSL appointed Commission of Inquiry.
    In 2007, an International Independent Group of Eminent Persons (IIGEP) was nominated by donor countries and by the GoSL with a mandate to observe all inquiries conducted by the Commission of Inquiry (CoI) appointed by the GoSL to inquire into alleged human rights violations in Sri Lanka. Within months, the IIGEP terminated their services citing “severe lack of impartiality, witness protection, and transparency”. This clearly demonstrates that even with the international involvement or monitoring (a hybrid mechanism), the GoSL cannot be trusted or capable of holding any impartial inquires. In addition, the last UNHRC resolution (A/HRC/25/L1/Rev1 – March 2014) passed on Sri Lanka itself stated that ”…..Recalling also the High Commissioner’s conclusion that national mechanisms have consistently failed to establish the truth and to achieve justice…….”
    Given all of the above, if a UNHRC resolution tabled in September calls for a hybrid investigative mechanism still under the control of the GoSL, it will be a tremendous moral betrayal of the war victims and survivors of the heinous crimes.
    The OHCHR should establish a full-fledged country presence to monitor the human rights situation, advise on implementation of the High Commissioner’s recommendations and of all HRC resolutions, and provide technical assistance. Should there be insufficient progress, the Human Rights Council should consider further international action to ensure accountability for international crimes within the coming year.
    We once again appeal to the members of the UNHRC to bring accountability in Sri Lanka via a credible international judicial mechanism that will do justice to the victims. Only a political solution that recognizes the right to self-determination of the Tamils will bring a permanent peace settlement in the island”

  • 1
    2

    Can Mr. Seananayake or someone on his behalf outline a methodology to satisfy political aspirations of at least 90% of the Tamil speaking people in Sri Lanka?

    Or would anyone be kind enough to give me the reference of any such proposal generated by a political pundit involved in this issue.

    Soma

    • 2
      3

      somass kantha

      “Can Mr. Seananayake or someone on his behalf outline a methodology to satisfy political aspirations of at least 90% of the Tamil speaking people in Sri Lanka?”

      Give them their Tamil Eelam, within few years the Sinhala/Buddhists are guaranteed to have their exclusive Sinhala/Buddhist ghetto in this country.

      By then almost all Tamils, Hindus, Sinhalese, Buddhists, Christians, Muslims, ….. would have have left this island and found refuge in Hindia, West, Americas, Australia, ….

      The other simple cost effective mechanism is to seek a final solution to the non Sinhala/Buddhists. In that process gas chambers might come handy.

      • 1
        1

        Take the map of Sri Lanka and draw a contour that wil include 90% of Tamil speaking people – that is the Ealam I support. What am I objecting to and cautioning the Sinhalese against is this “Holiday Resort” model for +50% of living in the south.

        Soma

  • 1
    1

    For rejecting or accepting a foreign mechanism we should know our stand our requirement and the relevant impacts of those mechanisms on our requirement. Why are we to reject really? Plus and minus points.It is just it is foreign we should reject. Not be on that basis.

  • 1
    2

    Couldn’t agree more ! The finding are going to be disputed anyway, why not have some “nuetrals” sharing in the abuse that follows when the findins are revealed ?!

    The idiocy of the MR fraction is on display again. Unfortunately it has a ready audience in the buffalo populace.

  • 5
    1

    This is what John Fisher (HRW) says “Sri Lanka is asking the world to accept its promise to bring accountability as it sees fit. But trust must be earned. Against a decades-long backdrop of politically motivated interference and inaction on justice issues, there is simply no basis – whatever the sincerity of top officials – to be confident of Sri Lanka’s ability to deliver justice without a significant international role. “

    I agree with him 100%

    Sadly we do not have many officials like Mr RMB Senanayake.

  • 5
    1

    RMB Senanayake

    Hybrid Judicial Mechanism; Should We Not Accept It?

    1) Is an international role necessary to strengthen government’s mechanism to address issues of the past.

    *** Yes even this half baked mechanism calls into question the UNs role and integrity. Allowing Sinhala Lanka to be the judge and jury its conduct is like allowing Hitler to enquire in the Holocaust.

    The UN report on human rights in Sri Lanka has been published. A news report says that the release of UN Report on alleged war crimes and human rights violations in Sri Lanka’s war is an important step in the country’s transition to good governance and ethnic reconciliation.

    2) The UN Report goes on to say that it will require the Sri Lankan government and people to give their attention to the unhealed wounds of the past that continue to fester in the body politic without any action being taken by any government for fear of displeasing the masses and losing their political support. But this is a total failure of political leadership. Instead, the liberal political elements that are in the present Government have sought to resolve the problem by stealth, by removing the obstacles and listening to the grievances of the Tamil political leadership without any publicity.

    *** Can you put your hand on heart and tell me whether this will work when SF has vowed to defend the Army and he has said that all the Civilians were Killed by LTTE and the Army only liberated them.
    The UN has already disputed this claim. So what is a Domestic Enquiry going to achieve other than Rubber Stamp SFs words.

    3) This may be the politically prudent way in a country where racists are just below the surface. So the ethnic problem has dragged on for many years and no government has taken action to resolve the issue comprehensively. But it cannot be allowed to drag on indefinitely.

    *** No it can and it will as that is what is going to happen with the USA agreeing to a Domestic Mechanism.

    4) Mangala UNHRC Sep 2015The present government too does not want to openly resolve the issue for fear of losing the votes of the Sinhalese. But that is a failure of moral and intellectual leadership on the part of our governing elite. It is necessary to remind these racists in our society, of the violations committed by us Sinhalese racists in the not too distant past as given in the UN Report. The UN Report highlights among others the atrocities that took place, the failures of governance and continuing suffering of victims. Could we honestly disagree with them.

    *** This is the problem and it is going to take another year for USA to realize that it is a delaying tactic by GOSL.

    5) The Tamil problem has not been addressed and is outstanding for a long time. It will not just go away and requires a resolution by an enlightened government in the South to enable a genuine reconciliation of the races – the Sinhalese and the Tamil s. A new problem has been added with regard to the Muslims who are now a displeased community too. The Christians feel it will be their turn next. So these problems cannot be ignored.

    *** India has finally woken up to the threat posed by Sri Lanka allowing China in and hence the Bridge and the Tunnel and that is where I am pinning my hope to keep the Racist Sinhalese on check.

    6) The UN Report says “The Sri Lankan government has made little progress in providing accountability for wartime abuses. The government’s failure to comply with a March 2013 United Nations Human Rights Council resolution led to a new resolution in 2014. The resolution calls on the UN Office of the High Commissioner for Human Rights (OHCHR) to investigate serious violations of international human rights and humanitarian law and related crimes by both sides during Sri Lanka’s civil war, which ended in 2009.

    *** This is farcical the UN is a Joke.

    7) The government, it says “has also continued its crackdown on critics. In March 2014, it detained two prominent human rights defenders who were looking into the arrest of an ethnic Tamil activist. Although the two were subsequently freed, the government arrested scores of other Tamils under the draconian Prevention of Terrorism Act. It also labelled 16 overseas Tamil organizations as financers of terrorism without providing evidence of unlawful activity by the groups”.

    *** But yet the GOSL is given a pat on the back for its achievements.

    8) Sinhala racism is lying under the surface waiting to be revived by some extremists. A law against racial and religious incitement should be enacted by the present government. A similar law was passed in India. The message must go to the Sinhala racists that incitement of violence against minorities is against the law. The present provisions in the Penal Code are perhaps too weak. So a new law is necessary.

    *** How are you going to enforce it when the Law Enforces are part of the problem. Look what happened to all the files on Corrupt Politicians. Gone missing.

    9) The UN Report has recommended mechanisms to deal with the past that will be based on a four tier system. It will include a Commission for Truth, Justice, Reconciliation, an Office of Missing Persons, a judicial mechanism with special counsel to be set up by statute and an Office of Reparations.

    *** The UN has missed one important Commission.

    Commission for deceiving Tamils and rewarding Sinhalese.

    10) There is mow greater acceptance of the need to investigate the past. If the past is swept under the carpet the risk of its repeat is high.

    *** Have you heard of a Programme called “Odd one out”.

    11) There appears to be a greater convergence within the country today on the need to investigate the past and bring the sordid chapter of communal violence to a close. The election of the new government in January has opened up space for a genuine dialogue and disposal of the past. The UN Report has recommended a hybrid judicial mechanism and the involvement of international judges, lawyers, prosecutors and investigators. Should we not accept it.

    *** If what you are saying is true that amounts to the elected Leaders deceiving the people.

    12) But as the aforesaid reporter says let the UN and international community strengthen the capacity of the Sri Lankan government’s proposed domestic mechanism by providing it with the necessary international resources, support and advice and enhance the credibility of its proposed four tier mechanism by having a dialogue with all stakeholders to refine the mechanism.

    *** Wonders never cease to exist in Sri Lanka. You took us through the Garden Path and dumped us at the alter singing ” Goodbye ” my darling.

  • 0
    1

    RMB Senanayake

    Hybrid Judicial Mechanism; Should We Not Accept It?

    1) Is an international role necessary to strengthen government’s mechanism to address issues of the past.

    *** Yes even this half baked mechanism calls into question the UNs role and integrity. Allowing Sinhala Lanka to be the judge and jury its conduct is like allowing Hitler to enquire in the Holocaust.

    The UN report on human rights in Sri Lanka has been published. A news report says that the release of UN Report on alleged war crimes and human rights violations in Sri Lanka’s war is an important step in the country’s transition to good governance and ethnic reconciliation.

    2) The UN Report goes on to say that it will require the Sri Lankan government and people to give their attention to the unhealed wounds of the past that continue to fester in the body politic without any action being taken by any government for fear of displeasing the masses and losing their political support. But this is a total failure of political leadership. Instead, the liberal political elements that are in the present Government have sought to resolve the problem by stealth, by removing the obstacles and listening to the grievances of the Tamil political leadership without any publicity.

    *** Can you put your hand on heart and tell me whether this will work when SF has vowed to defend the Army and he has said that all the Civilians were Killed by LTTE and the Army only liberated them.
    The UN has already disputed this claim. So what is a Domestic Enquiry going to achieve other than Rubber Stamp SFs words.

    3) This may be the politically prudent way in a country where racists are just below the surface. So the ethnic problem has dragged on for many years and no government has taken action to resolve the issue comprehensively. But it cannot be allowed to drag on indefinitely.

    *** No it can and it will as that is what is going to happen with the USA agreeing to a Domestic Mechanism.

    4) Mangala UNHRC Sep 2015The present government too does not want to openly resolve the issue for fear of losing the votes of the Sinhalese. But that is a failure of moral and intellectual leadership on the part of our governing elite. It is necessary to remind these racists in our society, of the violations committed by us Sinhalese racists in the not too distant past as given in the UN Report. The UN Report highlights among others the atrocities that took place, the failures of governance and continuing suffering of victims. Could we honestly disagree with them.

    *** This is the problem and it is going to take another year for USA to realize that it is a delaying tactic by GOSL.

    5) The Tamil problem has not been addressed and is outstanding for a long time. It will not just go away and requires a resolution by an enlightened government in the South to enable a genuine reconciliation of the races – the Sinhalese and the Tamil s. A new problem has been added with regard to the Muslims who are now a displeased community too. The Christians feel it will be their turn next. So these problems cannot be ignored.

    *** India has finally woken up to the threat posed by Sri Lanka allowing China in and hence the Bridge and the Tunnel and that is where I am pinning my hope to keep the Racist Sinhalese on check.

    6) The UN Report says “The Sri Lankan government has made little progress in providing accountability for wartime abuses. The government’s failure to comply with a March 2013 United Nations Human Rights Council resolution led to a new resolution in 2014. The resolution calls on the UN Office of the High Commissioner for Human Rights (OHCHR) to investigate serious violations of international human rights and humanitarian law and related crimes by both sides during Sri Lanka’s civil war, which ended in 2009.

    *** This is farcical the UN is a Joke.

    7) The government, it says “has also continued its crackdown on critics. In March 2014, it detained two prominent human rights defenders who were looking into the arrest of an ethnic Tamil activist. Although the two were subsequently freed, the government arrested scores of other Tamils under the draconian Prevention of Terrorism Act. It also labelled 16 overseas Tamil organizations as financers of terrorism without providing evidence of unlawful activity by the groups”.

    *** But yet the GOSL is given a pat on the back for its achievements.

    8) Sinhala racism is lying under the surface waiting to be revived by some extremists. A law against racial and religious incitement should be enacted by the present government. A similar law was passed in India. The message must go to the Sinhala racists that incitement of violence against minorities is against the law. The present provisions in the Penal Code are perhaps too weak. So a new law is necessary.

    *** How are you going to enforce it when the Law Enforces are part of the problem. Look what happened to all the files on Corrupt Politicians. Gone missing.

    9) The UN Report has recommended mechanisms to deal with the past that will be based on a four tier system. It will include a Commission for Truth, Justice, Reconciliation, an Office of Missing Persons, a judicial mechanism with special counsel to be set up by statute and an Office of Reparations.

    *** The UN has missed one important Commission.

    Commission for deceiving Tamils and rewarding Sinhalese.

    10) There is mow greater acceptance of the need to investigate the past. If the past is swept under the carpet the risk of its repeat is high.

    *** Have you heard of a Programme called “Odd one out”.

    11) There appears to be a greater convergence within the country today on the need to investigate the past and bring the sordid chapter of communal violence to a close. The election of the new government in January has opened up space for a genuine dialogue and disposal of the past. The UN Report has recommended a hybrid judicial mechanism and the involvement of international judges, lawyers, prosecutors and investigators. Should we not accept it.

    *** If what you are saying is true that amounts to the elected Leaders deceiving the people.

    12) But as the aforesaid reporter says let the UN and international community strengthen the capacity of the Sri Lankan government’s proposed domestic mechanism by providing it with the necessary international resources, support and advice and enhance the credibility of its proposed four tier mechanism by having a dialogue with all stakeholders to refine the mechanism.

    *** Wonders never cease to exist in Sri Lanka. You took us through the Garden Path and dumped us at the alter singing ” Goodbye ” my darling.

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