In hope of truth and reconciliation

WHEN the Sri Lankan delegation returned from the United Nations Human Rights Council (UNHRC) sessions in Geneva at the beginning of this month, some may have considered the battle won and the hard work over.

With the UNHRC supporting the Sri Lankan delegates’ call for a domestic mechanism, the threat of foreign interference in such a delicate matter seemed to be put to bed, at least for the foreseeable future. However, the UNHRC’s support of a domestic investigation heaps all the pressure and responsibility back on Sri Lanka’s shoulders, giving us a chance to ensure lasting peace and justice following the three-decade-long war and its bloody aftermath.

Initially, United Nations investigators detailed what they described as “egregious violations” by both LTTE forces and the Sri Lanka Armed Forces. In its report, the UN team concluded that Sri Lanka’s domestic justice system did not have the capacity to handle prosecutions for war crimes and abuses which included indiscriminate attacks on civilians, the torture and rape of detainees and extrajudicial killings. 

However, those early assertions have been watered down for the most part with the shift in power and the visible drive towards reconciliation within Sri Lanka.

A UN report stated that the LTTE killed Tamil, Muslim and Sinhalese civilians through suicide bombings, mines and assassinations, as well as abducting children and adults, forcing them to serve as soldiers.

Investigators also alleged that Sri Lankan security forces were engaged in the widespread use of torture. The Government responded to this by insisting that it would implement strict regulations against torture while promoting the armed forces for UN peacekeeping missions with the overarching aim of regaining its lost prestige.

Now the Government embarks on the colossal task of creating a solid legal framework to undertake accountability measures that will bridge the trust deficit between the Government and the affected community. Foreign Minister Mangala Samaraweera was optimistic about the Government’s planned course of action in terms of empowering the domestic legal system to competently handle the challenges that lie before it.

President Maithripala Sirisena this week called upon all the political parties to express their opinions on the formation of a domestic mechanism to investigate the alleged human rights violations while assuring the people that the proposed mechanism will be within the provisions of the Constitution. He also reiterated Sri Lanka’s commitment to facing the Geneva proposals despite some parties suggesting that they be completely rejected.

While the President invited the parties to submit their proposals to the Presidential Secretariat within a fortnight, the clock ticks on as the January deadline for the domestic framework, as stated by the Foreign Minister, nears.

The Government has shown its interest in moving forward with a process that would bring solace to millions and true reconciliation to this country. The importance of including the parties in this process could also be commended. However, the Government must be cautious in its approach, especially with the more disgruntled sections of the political sphere, so as to not delay the process any further.

The Government promised tangible results from the domestic process within 18 months while Minister Samaraweera called for “patient understanding” from the international community with regards to Sri Lanka’s fight for accountability and justice. 

As Sri Lanka embarks on arguably its most significant journey yet, the Government must ensure that even though our fate has now finally been placed in our own hands, our ambitions and objectives don’t veer away from the truth and reconciliation the country desperately needs.