In the wake of allegations that the proposed Commission for Truth, Unity and Reconciliation Bill is an attempt to betray 'war heroes', the Minister of Justice, Prisons Affairs and
Constitutional Reforms, and Minister of Foreign Affairs M.U.M. Ali Sabry said that the to be established Commission would not be empowered to prosecute anyone.
During the Parliamentary session on 03 September, Opposition Parliamentarians including Wimal Weerawansa and Gevindu Cumaratunga charged that the proposed Bill is an attempt to prosecute military personnel who contributed to bring an end to the internal conflict.
Querying as to why the Government is in a hurry to enact the Bill, Cumaratunga suggested that the proposed legislation be held until the conclusion of the Presidential Election scheduled for 21 September.
In response to the allegations, Ali Sabry said that the proposed Commission would never betray the war heroes.
“There is already a mechanism in place through Geneva (a reference to the Office of the United Nations [UN] High Commissioner for Human Rights), to gather external evidence against our country. As a Government, we are firmly opposed to this. We have moved away from the commitments made by the previous Government by co-sponsoring a UN resolution. Truth and Reconciliation Commissions are not unique to our country; they have been implemented in 43 countries, including Nepal, Peru, and South Africa. The goal is to prevent foreign interference by handling these matters within a local framework. If we don’t do this, it leaves the affected people without a place to seek justice.”
Importantly, he said that nowhere in the Bill is there any authority given to prosecute individuals, and added that its mandate is solely to investigate matters pertaining to alleged human rights violations during the conflict, and submit reports.
“If prosecution was the goal, we would have secured the support of Tamil parties for this Bill. However, they claim that it is a fruitless move that we are coming up with as we can't withstand foreign pressure. The notion that the said Commission seeks to target war heroes is incorrect. If there was any intention to prosecute the war heroes through this, we would receive cooperation from the Tamil parties, which is not forthcoming. Both these parties (those who deem it as a move to prosecute war heroes and Tamil parties) refuse to support it because we are establishing a system to resolve our problems within Sri Lanka's constitutional framework, without supporting any extreme positions.”
Emphasising that the Bill would not pass instantly, he said that there is an option to challenge it in the Supreme Court if needed. “We have a duty to provide an avenue for all oppressed people in this country. No one is excluded — the Commission will also be a platform for the Sinhalese and Muslim people who also suffered due to the war. They too have the right to present their cases before it. What harm is there in seeking the truth? If someone has committed a wrong, they should face consequences, but ordinary people cannot administer such justice. The Commission is about uncovering the truth, and even after doing so, it will be up to the Attorney General (AG) to determine if a case can be brought forward under Sri Lanka's criminal law,” he explained.
The issue of human rights and international law violations in Sri Lanka began mainly due to the nearly 30-year internal conflict between the Government and the Liberation Tigers of Tamil Eelam, which ended in 2009. Since the 1980s, thousands of people, including civilians, journalists, activists, and security personnel, have gone missing, leaving their families without answers. The Government has set up bodies like the Office on Missing Persons and Office for National Unity and Reconciliation to address the issue, but progress has been slow, and there are ongoing calls for justice from both local and international groups.
(themorning.lk)
