The global human rights watchdog the United Nations Human Rights Council this week pressed the Sri Lankan government to bring to book those implicated in the commission of war crimes and the violation of human rights during the course of the country’s 30-year long civil war. The allegations principally centre on the state of chaos which prevailed in the period towards the end of the civil war during which army personnel were said to have wantonly carried out mass crimes against Tamil civilians in their fight against Tamil Tiger rebels.
Extra-judicial killings, Freedom of Expression and Disappearances
Speaking in the aftermath of the Council’s latest meeting, the U.K’s ambassador Karen Pearce made reference to allegations that lawyers, activists and journalists who have dared to highlight continuing violations of human rights have faced persecution from the authorities. Mrs Pearce urged the Sri Lankan government to ensure the discontinuance of “reprisal attacks against any individual including for cooperating with U.N. mechanisms”. In adding her own two cents to the debate, the U.S. ambassador Eileen Donahoe revealed the unfortunate truths that threats to freedom of expression, disappearances and extra-judicial killings still exist in the post-war Sri Lanka. Addressing the alleged violations of human rights and international law, Mrs Donahoe stated that Sri Lanka needed to “end impunity for human rights violations and fulfil legal obligations regarding accountability by initiating independent and transparent investigations”.
Government Denials
As expected, the latest developments have been met with concrete denials by the Sri Lankan government as has been the case since the allegations first surfaced at the end of the war about three years ago. The special envoy of the President on human rights matters, Mahinda Samarasinghe said that his country was taking matters seriously as evidenced by the fact that the country’s courts were already investigating crimes committed against civilians during the war. Samarasinghe referred to the country’s Lessons Learnt and Reconciliation Commission (LLRC), akin to South Africa’s Truth and Reconciliation Commission, which has played a significant role in the country’s healing process following the war. To this end Samarasinghe averred: “Protection of civilian life was a key factor in the formulation of government policy for carrying out military operations and the deliberate targeting of civilians formed no part in that strategy…If reliable evidence is available in respect of any contravention of the law, the domestic legal process will be set in motion.”
Report of the International Commission of Jurists (ICJ)
Try as it may the Sri Lankan government’s protestations have not been persuasive enough to shake off the claims. The contents of the recent report of the International Commission of Jurists (ICJ) titled “Authority without Accountability: The Crisis of Impunity in Sri Lanka” provided a damning indictment of the government’s efforts to bring the alleged perpetrators of the crimes to book. The report accused the government of President Mahinda Rajapaksa of being in serious breach of its international obligations to protect and promote human rights by purposefully failing to bring to justice the alleged criminals. The ICJ also highlighted evidence of intimidation of members of the judiciary, media and human rights groups who have shouldered responsibility for bringing the said criminals to book in the absence of effective and coordinated government action.
Sound-off
Long-term observers of political affairs relating to the Asian sub-continent will agree that the Sri Lankan government is currently in denial and could have achieved more than it currently has in terms of bringing the key protagonists in the country’s darkest period to book. Its recent actions are also at odds with its persistent pronouncements of innocence. This week the President instigated a motion in parliament aimed at the removal of the chief justice, Shirani Bandaranayake. At the time of writing no reason has been provided for the move although some claim that it is evidence of the campaign of intimidation which awaits individuals who fail to toe the government line. Rajapaksa should best beware that the eyes of the international community are, from this point on, permanently trained upon him and its stares will not be diverted until the subject of accountability is nudged towards the crest of his political agenda.
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