Pablo’s Salvos

By Manekshaw-2017-10-28

The UN Special Rapporteur, on the promotion of truth, justice, reparation and guarantees of non-recurrence, Pablo de Greiff after his fourteen-day assignment in Sri Lanka released an extensive statement titled 'Sri Lanka continues to deprive itself of the benefits of Transitional Justice.'
Pablo de Greiff has also mentioned that he would even present a fuller report on his findings in Sri Lanka to the UN Human Rights Council next year.

The UN Rapporteur, after his meetings with President Sirisena, Prime Minister Wickremesinghe, Leader of the Opposition Sampanthan and several other prominent officials in Government followed by an extensive tour of the Northern and Eastern Provinces, released his report on his Sri Lankan assignment. In it he clearly indicates that Sri Lanka, yet has a long way to go, in implementing the Geneva Resolution, which the country had co-sponsored in 2015.

Pablo was visiting Sri Lanka, at a time when three Tamil PTA detainees were on a continuing hunger strike demanding their cases to be taken up in Vavuniya emphasizing the need to expedite the process to release the Tamil prisoners detained under the PTA.

The death of Jasintha Peiris, the disheartened fifty-eight-year old of Mannar, following her futile attempt in search of her husband and son, who were believed to have been abducted several years ago in Colombo, also occurred a few days before Pablo's visit to the country.

The UN Rapporteur travelling extensively in the country had not only interacted closely with the civilians from the war-torn Northern and Eastern Provinces, but had also met with Muslim civilians in the South of the country, who were devastated by the violence against them during the previous regime.

Mentioning the areas of concern, on his findings in Sri Lanka, Pablo, referring to the transitional justice issues, has stated that it was obvious that both civil society and parts of Government have travelled on a very steep learning curve regarding transitional justice issues.

Citing the bitter experience faced by former Lankan envoy to Brazil General Jagath Jayasuriya over alleged war crimes, during his tenure as the Army Commander, the UN Rapporteur has even warned that the issue was only the tip of an iceberg and pointed out that there were possibilities of more problems of that nature emerging in the future unless Sri Lanka acts promptly in dealing with the alleged war crimes by establishing a credible judicial mechanism acceptable to the international community as well as to all those seeking justice.

Salvos

So the overall views expressed by Pablo, before his departure from the island, could very well be considered as salvos fired at the present regime on the drawbacks in implementing the UNHRC Resolution of October 2015.

As Sri Lanka is at present faced with a crisis situation in bringing out a new Constitution, the National Unity Government which came to power two years ago, is making several pledges to the international community. These are aimed towards resolving the post-war humanitarian issues as well as fulfilling the political aspirations of the people in the North and East. The Government is now in a highly complicated situation in responding to the expectations of the international community on spearheading a mechanism which could strike the right balance in dealing with the unresolved local issues.

While expressing his concerns on all unresolved post-war humanitarian issues, Pablo has focused specifically on the slow progress in transitional justice and pointed out that the delay in the process will affect the confidence building measures.

Pablo's Report has emphasized on the need to repeal the Prevention of Terrorism Act (PTA) and its prompt replacement by new counterterrorism legislation that adheres to international best practices.
The interaction Pablo had with the civilians from the war-torn areas had brought to light the day-to-day problems faced by the people, due to continued harassment and surveillance by security and intelligence personnel.

Focusing on the extensive military presence in the North and East with land areas in the possession of the Security Forces, Pablo has suggested a comprehensive mapping of land areas in the possession of Security Forces and requested to produce a strategy with deadlines for the release and plans for compensation of those areas that will not be returned.

He also mentioned that a procedure should be established that does not make the Armed Forces the sole voice in deciding this question.

So the issues of involuntarily disappeared persons, Tamil detainees under Prevention of Terrorism Act (PTA) and the lands in the possession of the Security Forces still remain the burning issues with protests in the form of hunger strikes and demonstrations in the Northern and Eastern Provinces. UN Rapporteur Pablo's observations remain as a warning not only to the Government but also to the Joint Opposition as a reminder that whoever remains in power the international community remains unwavering in dealing with Sri Lanka.