End of Government Commission on Wartime Abuses Puts Justice at Risk
International Investigation Needed
The Sri Lankan government’s announcement that it was ending its special inquiry into conflict-related abuses underscores the need for an international commission to investigate violations of international law by government forces and the Liberation Tigers of Tamil Eelam, Human Rights Watch said today.
“Sri Lanka’s presidential commission of inquiry started with a bang and ended with a whimper,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “The need for an international inquiry into abuses by both sides is greater than ever.”
The mandate of the Presidential Commission of Inquiry, which was established in 2006 and assigned to investigate 16 incidents of killings, enforced disappearances, assassinations and other serious abuses, expired on June 14, 2009 and reportedly was not renewed. Although the commission’s chairman, former Supreme Court chief justice Nissanka Udalagama, said that seven of the 16 cases had been investigated, none of the commission’s reports have been released or any other public action taken. Among the cases the commission investigated was the brutal killing of five students in Trincomalee, the summary execution of 17 aid workers in Mutur, and the bomb attack that killed 68 bus passengers in Kebitigollewa. Human Rights Watch has expressed concern about the slow pace of the investigations and President Mahinda Rajapaksa’s unwillingness to release the investigation reports.
The last weeks of the war heightened the need for an independent and impartial inquiry. Fighting in northeastern Sri Lanka intensified from early January until the government’s defeat of the LTTE in May. During that period, both sides were implicated in numerous serious violations of the laws of war. LTTE forces used displaced persons as “human shields,” and fired on civilians who tried to flee the conflict area. Government forces repeatedly fired heavy artillery into densely populated areas, including at hospitals caring for the wounded.
During the special session on Sri Lanka of the UN Human Rights Council in May, the UN high commissioner for human rights, Navi Pallay, said that an “independent and credible international investigation into recent events should be dispatched to ascertain the occurrence, nature and scale of violations of international human rights and international humanitarian law, as well as specific responsibilities.”
On May 23, Rajapaksa and the UN secretary-general, Ban Ki-moon, issued a joint statement from Sri Lanka in which the government said it “will take measures to address” the need for an accountability process for violations of international humanitarian and human rights law.
“The decision to disband the presidential commission shows that President Rajapaksa has little intention of fulfilling his promise to Secretary-General Ban,” said Pearson. “It’s now up to concerned governments to step in and ensure that justice is done for the victims of abuses in Sri Lanka’s long war.”
There have been serious ongoing violations of human rights in Sri Lanka and a backlog of cases of enforced disappearance and unlawful killings that run to the tens of thousands, as described for example in the 2008 Human Rights Watch report “Recurring Nightmare.” Despite this track record, there have been only a small number of prosecutions.
Human Rights Watch said the presidential commission of inquiry was just the latest inadequate and incomplete effort by the Sri Lankan government to investigate serious human rights abuses and bring those responsible to justice. Other efforts to address violations through the establishment of ad hoc mechanisms in Sri Lanka produced few results, either in providing information or leading to prosecutions.
6 Comments
When justice is denied it should be sought in all earnestness if civilisation is to be maintained. Justice is what the Tamils will seek in forming a transnational government in exile.
When justice is not forthcoming from inside it has to be found from outside. The Sinhalese, who collectively committed crimes against the Tamils for the past 60 years and denied their legitimate right for self governance and self determination are now jittery. And the Government of Sri Lanka(GOSL) are blabbering not knowing what to do. It is attacking individuals like K.Pathmanathan instead of the concept. They are politically bankrupt.
If the criminal GOSL can exist, surely, a agovernment of Tamils, in exile for 32 years, will not only exist but would be highly recognised and heard by the UN and the International Community.
What Mahinda Rajapakse and the Sinhalese could offer to the Tamils was not their legitimate rights but "Bantustan provinces", ruled by its puppets, as it happened during the peak period of apartheid in South Africa.
The GOSL rigged the provincial council elections in the East and installed a puppet war criminal, wanted for forcible recruitment of child soldiers, as its Chief Minister.
Tamils in the East should have come out in very large numbers in protest as it is happening in Iran now. But the military oppressed it. GOSL calls this "democracy" and wants a repeat of such "democracy" in the North soon.
As long as there are no rights, democracy and justice for Tamils in Tamil Eelam, they have a legitimate right to seek them through a transnational government in exile. The UN and the International Community should welcome it.
The dogs will bark but the caravan should move on.
This disturbing development only goes to strengthen the fear that MR’s Govt shows little enthusiasm in pursuing to its logical end the search under which over a dozen young and educated Lankan aid workers for the French NGO or the Trincomalee youth executed by the army – among many other killings. As to assurances given to Ban ki-Moon and other international bodies – the suspect reputation of this regime is now becoming firmly established globally. With attempts at a 3rd innings, an outsized army whose purpose is puzzling the country, a dollar that has gone close to Rs.150 but forcibly kept pegged
down and a punishing Cost of Living Sri Lanka seeing the street events of Yangon and Teheran are more likely in the short-term than otherwise – unless the regime sees the writing on the wall and make immediate and suitable amends to cause relief to the people who are coming out of their amnesia of a sustained and overdone “war victory.” If the regime has the people’s welfare in hand the first thing that should be done is to restore the cost of petrol in line with the current world market price. The CoL will come down
substantially in sympathy. A wimpish and paralysed opposition whose duty is to educate the people, lead and fight in their defense has now become a virtual joke. As to Parliament, it hardly records an attendance above 15% for some time now. Meanwhile, for the failings listed above the chances of the international community coming to the aid of the Lankan people increases.
ISS
What?
End of Government Commission on Wartime Abuses Puts Justice at Risk?
How one can risk something, he or she does not have in the first place?
What is clear from this news item is that the current GOSL is not shy about delivering injustice to any of its opponents. - It does not need a coverup called "Commission on Wartime Abuses", it can do it openly, and no one can do damn about it.
This is expected? What else do you expect from murderers?
Is it any surprise that SL ended it's war time enquiry commission?
You bunch of jokers at UN! Don't you have any common sense?? Criminals cannot be allowed to investigate themselves. Use force and handcuff them and bring them to the courts.
How can an international culprit give a verdict to local culprit?
There is nothing to worry about this news. The outgoing chief Justice of Sri Lanka expressed his dismay about the prevailing conditions and the pathetic situations of Tamils in the country. Some international agencies and neutral peace loving people express their dissatisfaction regarding the deteriorating situtions in the Country.
Mahinda, the Sri Lankan president is the local crook became to such position by killing innocents and eating the international assistance, in the guise of safeguarding the nation. Whole of his family and his village is holding either as ministers or in the ministries to earn the money as much as possible. All the politicians and their racist followers in the past ate money from Tamils community by staging intermittent riots. Otherwise how can these lazy juntas and their followers survive in the land! So, how can justices could be anticipated from such third class idiots? Prior to winning the war, they need some reasons as to why they have such commissions to show the blind world that they preserved the rights of the masses. The whole governing company under the sole administration of mahinda & bros. and village samagama! Whatever these blood suck worms do, is the ultimate justice in Sri Lanka!
Further, UN is another international body only initiated for the betterment of the international crooks. Bilateral relationships with the local crooks only they can make wonders in the world. Expecting justice from them is absurd! If the UN chief wants to stay in his seat for another term, it required the blessings of all the other international crooks. All crooks made him to this position and granted awards for his rendered services to the mankind!
Unless the almighty comes to the world only justice would be conserve in the earth.
Desperated Human