A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
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Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Thursday, June 22, 2017
Sri Lanka: GTF Reiterates its Demands
Global
Tamil Forum reiterates its call for the participation of international
judges in the transitional justice processes following the scathing
report on Sri Lankan judiciary by the UN Special Rapporteur. Following
statment issued by the Global Tamil Forum
( June 21, 2017, London, Sri Lanka Guardian) A
report prepared by the former UN Special Rapporteur on the independence
of judges and lawyers, Mónica Pinto, on her mission to Sri Lanka from
April 29 to May 7 last year, tabled by the current Rapporteur, Diego
García-Sayán at the 35th session of the UN Human Rights Council, was
highly critical of the Sri Lankan justice system. Such scathing
assessment vindicates the repeated calls by the Global Tamil Forum (GTF)
on the need for the inclusion of international judges in Sri Lanka’s
transitional justice processes.
Mr. García-Sayán said although the armed conflict was concluded in 2009,
very deep wounds could still be seen in the judicial system. Quoting
the report, he said there was a lack of equal representation of minority
groups in the prosecution services and police force. “Problems related
to language are very serious and have a very serious effect on justice
and on the likelihood of obtaining a fair process if you belong to the
Tamil community,” he said.
On the Prevention of Terrorism Act, the report points out ‘The Act,
adopted in 1979, imposes severe restrictions on courts’ jurisdiction and
authority to prevent abusive detention and torture and seriously
undermines the fundamental right of defendants to a fair trial. The
continuation of a normative framework that contributes to violations of
fundamental human rights cannot be justified.’
Referring to Persisting Impunity, the report states: ‘The failure to
hold perpetrators accountable for gross human rights violations, serious
violations of humanitarian law and international crimes in Sri Lanka
has long been documented. Furthermore, while the conflict lasted, there
was virtual impunity for any abuse committed by the police or the
security forces. Impunity is so widespread that it has become a normal
occurrence, thereby contributing to shattering the public’s confidence
in its judiciary.’
Outlining the need for Victim and Witness Protection the report
stressed: ‘Victim and witness protection will continue to be a
determining issue in the context of common crimes, abuses and violations
committed by members of the security forces, as well as in the context
of transitional justice mechanisms that have been created, such as the
Office of Missing Persons, or that will be established, such as a
truth-seeking mechanism or specialized court.’
Calling for the creation of meaningful and participatory transitional
justice mechanisms, the report concluded ‘Building a justice system that
all sectors of society will trust and be able to rely on to defend and
enforce their rights will take time. Bold steps need to be taken, as a
sign of the authorities’ commitment to address the atrocities of the
past and, above all, the structures that allowed such atrocities to
happen.’
While it is commendable on the part of the Government of Sri Lanka to
have facilitated the country visit by the Special Rapporteur, it is
important for Sri Lanka to reflect on the findings of the UN body. GTF
calls upon the International Community and the Government of Sri Lanka
to take serious note of this important report and to be fully focussed
on the need to establish impartial, credible and effective transitional
justice processes with the participation of international judges to
address the past comprehensively, with the aim to achieving long-lasting
peace, reconciliation and prosperity for all the peoples of Sri Lanka.