Reaching out for reconciliation

SRI LANKA’S Government made a string of promises to United Nations Human Rights Council (UNHRC) members on Monday, pledging to implement sweeping institutional, legal and political reforms that could go a long way in fostering reconciliation after the end of a three-decade war.

Foreign Minister Mangala Samaraweera called for “patient understanding” from the international community to implement far-reaching reconciliation measures including devolving political power to Tamil majority areas, establishing a new Constitution, investigating wartime disappearances and repealing draconian terrorism laws.

In March 2014 the UNHRC adopted a resolution spearheaded by the US to launch investigations into human rights abuses including allegations of war crimes that are believed to have been committed during the last phase of Sri Lanka’s 27-year civil war, which ended in 2009.

The report will be released by UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Wednesday and formally debated on 30 September. During his opening address, the High Commissioner touched upon the Sri Lankan investigation, describing the findings as of “the most serious nature” but declining to elaborate.  

Ahead of the document entering the public domain Foreign Minister Samaraweera laid out plans to establish a Commission for Truth, Justice, Reconciliation and Non-recurrence that would remedy instances of discrimination. A separate Office for Reparations would implement recommendations from different branches of government working on peace building, which would draw on expertise from the UN and other bodies, he said.

The proposals dealt with “addressing the broad areas of truth seeking, justice, reparations and non-recurrence,” he told the gathering. However, Samaraweera stopped short of outlining specific legal action by the State on charges of war crimes, some of which could involve high ranking members of the army and political figures in the former and current Sri Lankan Government. It will be now up to the UNHRC members, rights groups and other civil society organisations to ensure this language is firmed up to credible processors as the days count down for the resolution.

Another significant point was the pledge by Samaraweera to release previous Presidential Commission reports such as Udalagama and Paranagama by the end of this month. Such a strict deadline means the reports will be out on or before the debate sessions on Sri Lanka at the end of September and the passing of a fresh resolution. Whether this resolution is supportive of Colombo’s call for a domestic mechanism will be worked out over the next two weeks and the Government’s pledges will be closely watched during this countdown period.  

The Sri Lankan Government’s efforts for a domestic investigation has received support from the US, with a resolution in support of the South Asian island to be tabled in Geneva this month. The United States will engage with the Government of Sri Lanka with the objective of developing a resolution that will gain the consensus support of this council, reiterated Bureau of International Organisation Affairs Deputy Assistant Secretary Erin Barclay at the UNHRC, insisting it was committed to assisting Sri Lanka in achieving meaningful and credible accountability.  The fate of a domestic mechanism will strongly depend on the balancing act the US and Colombo can present to UNHRC members and at this point the odds are too hard to call.