Govt. must keep to election promises on PTA/OSA

United Nations High Commissioner for Human Rights Volker Türk concluded a four-day visit to Sri Lanka on Thursday with a call for the repeal of the Prevention of Terrorism Act (PTA) and a moratorium on its use and urged an expedited review and release of long-term PTA detainees and prisoners. The Online Safety Act also needs to be repealed, he said.

It’s the first visit by a UN High Commissioner for Human Rights to Sri Lanka since February 2016 and one that Türk welcomed. “I leave here with strong hope that there is a palpable desire both in the Government and civil society to draw a line under the entrenched identity politics of ethnicity, religion, language, culture, caste and class,” he said in a statement at the conclusion of his visit.  

This does sugar well for Sri Lanka where human rights are concerned as all Governments tiptoed around the issues and have not addressed the difficult questions for many years.

However there will always be the issue that the Sri Lanka Government will not agree with regarding international participation in investigations into alleged cases of human rights violations. The Ministry of Foreign Affairs under the current Government has followed the path of its predecessor when it comes to any international role in Sri Lanka’s accountability processes.

At the 58th session of the UNHRC held in Geneva, Switzerland in March this year, Foreign Minister Vijitha Herath who addressed the high level segment of the HRC outlined Government plans for a credible and sound domestic process to address accountability issues in the country.

“We will ensure that the domestic mechanisms and processes established to address challenges emanating from the conflict will continue their work in an independent and credible manner within the Constitutional framework. Domestic institutions such as the Office on Missing Persons (OMP), Office for Reparations, and Office for National Unity and Reconciliation (ONUR) will be strengthened,” the Minister said. 

However the Human Rights Commissioner pressed for an international role. In his statement, Türk said that Sri Lanka has struggled to move forward with domestic accountability mechanisms that are credible and have the trust and confidence of victims. “This is why Sri Lankans have looked outside for justice, through assistance at the international level. Ultimately it is the State’s responsibility and it is important that this process is nationally owned – and it can be complemented and supported by international means.”

Along with this there are the problems with laws such as the PTA and the OSA on which the NPP promised swift action when in power. However since then, it’s moving slowly while using the two laws to make several arrests and detain suspects. 

President’s Counsel Rienzi Arsakularatne, Chairman of the committee appointed to prepare a new anti-terrorism law says they are seeking views of all stakeholders before finalising a draft bill. Successive Governments have been going around in circles over a law to replace the PTA but have never had the will to do so. It’s unlikely this Government will fare any better as the PTA is a powerful tool when one is in power.

It’s the same with the OSA which those in power now criticised sharply when they were in Opposition. But now this too has become a useful tool in power.

While it’s a welcome move that the Government is willing to engage with the UNHRC to further the reconciliation process and address accountability issues, it has to do more to convince Sri Lankans it is serious in its endeavour. Otherwise Türk’s visit will be another symbolic visit that will put victims in focus for a while only to be forgotten shortly afterwards.