Transitional justice mechanism: ‘Unique Lankan model, no tribunals’ -FM Mangala reveals

(Lanka-e-News -24.July.2016, 10.45PM) Foreign Minister Mangala Samaraweera says the government by September will come up with a ‘transitional justice structure’ that could be a model for other countries in the world. The Minister who is currently leading the operation of negotiating a credible truth seeking and accountability mechanism, which can win over public trust, to investigate allegations of war crimes and human rights violations, said the Sri Lankan reconciliation model will not be a replica of the South African model or any other. On the call to have foreign judges in the judicial mechanism of the transitional justice process he said, “There can be judges attending as observers or advisers. Therefore, I don’t think we need to get stuck in one word.”

Sri Lanka commenced the partnership dialogue formally with the US in February this year. They are visiting other countries in the region. While the visit was to discuss regional issues, they also wanted to get an update on the excellent progress Sri Lanka is making, under the government of President Maithripala Sirisena.

But, he said, before the judicial mechanism is set up, there will be a wide ranging dialogue with all stake holders and the government will present something which is acceptable, credible and independent to the people of the country as well as the international community.

The full interview:

Q: What is the reason for the latest visit of Assistant Secretaries of State Nisha Biswal and Tom Malinowsky, was it to exert pressure on Sri Lanka to invite foreign judges to sit in the proposed judicial mechanism on accountability?

A: It is totally misleading to say that the United States or any other country is exerting pressure on Sri Lanka to agree to anything which Sri Lanka feels is inimical to its interests. In fact Ms. Biswal and Mr. Malinowsky are here on a regular visit which was planned months ago. This is in keeping with bilateral ties.

Sri Lanka commenced the partnership dialogue formally with the US in February this year. They are visiting other countries in the region. While the visit was to discuss regional issues, they also wanted to get an update on the excellent progress Sri Lanka is making, under the government of President Maithripala Sirisena.

This whole story that Sri Lanka has been compelled to agree to various conditions in the Geneva resolution is totally false and misleading. In the run-up to the presidential election of 2015, we clearly stated in the manifesto, under item 93, that if President Sirisena is elected we will establish a domestic mechanism in order to look into the various allegations of human rights violations and war crimes which had been levelled against Sri Lanka. Before I go on to the Geneva resolution in October, it is important to know the background of this resolution.

We were able to avert a national and international disaster. It was way back in May 2009, when UN Secretary General Ban ki Moon first came to Sri Lanka, then President Mahinda Rajapaksa and the Secretary General issued a joint statement. Sri Lanka gave an assurance that they will start a domestic inquiry into the various allegations which were levelled against the Sri Lanka Army during the latter part of the war. Following up on that statement the Permanent Representative to the UN in Geneva, a few days later presented a resolution on behalf of Sri Lanka. In that Sri Lanka’s commitment to the joint statement was reiterated with a number of promises including the promise of implementing the 13th Amendment fully and also other mechanisms to ensure transitional justice.

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