“We will not tolerate any impunity”– Mahinda Samarasinghe
Sri Lanka rejected some of the recommendations by the Human Rights Council because most of them have already been implemented,” said Minister Mahinda Samarasinghe who led Sri Lanka’s delegation to Geneva.
He made this statement at the session where he gave the explanatory note as to why Sri Lanka had rejected certain recommendations at the Universal Periodical Review (UPR) held in Geneva on November 1, 2012.
Speaking to LAKBIMAnEWS, he explained the recommendations that Sri Lanka had accepted and rejected at the UPR. “Out of the 100 recommendations, some of them were rejected on the grounds that they are being implemented. We are not prepared to implement the rest of the recommendations at the moment. Those were the various conventions the UN Human Rights Council wanted us to sign or ratify.”
He added, “We are now concentrating on the visit by Navi Pillay, the UN High Commissioner for Human Rights who is expected in Sri Lanka early next year.”
Commenting on the information passed on by Tamil Nadu’s DMK treasurer, M.K. Stalin, that the high commissioner would be coming to Sri Lanka in January, the minister said, “We checked with the UN High Commissioner’s office if the news is accurate but according to them she has not communicated the exact month of arrival, and had said ‘early next year.’ If she is going to come to Sri Lanka, she should inform the government about her visit.”
“News of her impending arrival has been conveyed to our UN ambassador in Geneva, it is claimed, but the exact date has not been indicated,” he said.
‘In line with our thinking’
All the accepted recommendation are in line with our thinking, the minister said. “For example, the implementation of the LLRC Task Force Action Plan (short term, medium term and long term operational plans), not the LLRC report per say, have been accepted.”
He also said, “If you read some of the recommendations carefully, they ask us to conduct further investigations into various incidents, and we are doing it.”
“We have met the Army Court of Inquiry at 30 different occasions and at present we are looking into 15 items that are listed in the LLRC report. At the same time, the Attorneys General’s Department is also looking into some of the cases. So these are some of the recommendations we have accepted and they are already being implemented. The rest of the recommendations in line with our thinking totals to 110.”
Explaining as to why some of the recommendations were rejected, he said, “The ones we have rejected were on the basis that either they have been completed or not being in line with our thinking. When we reject, it is rejected, based on the concern for the country. All countries reject recommendations based on their country’s perceptions.”
“Almost all the countries at the Geneva session appreciated the work that has been achieved by the Government of Sri Lanka. This is what we wanted from the start.”
He continued, “Having said that, I should also say, we do have to overcome many other challenges and for that we need more time. We cannot say exactly when this could be completed. We need more time. We cannot give a time frame as it depends on how we proceed. But we are committed, and this is what I would like to say. The ultimate objective is to complete the task and achieve a comprehensive reconciliation. The sooner we do so the better, but it cannot be rushed. For instance, the investigations depend a lot on the evidence that is brought forward. If there is evidence, certainly prosecution can follow, so that is what the attorney general and the police are doing.”
The mechanism
“The Army Court of Inquiry is looking into the entirety of listed incidents that is relevant to the army. For example, the Channel 4 telecast. In that regard, we have even gone to the extent of seeing whether we can identify the images of the people on the video. Some men are seen wearing army uniforms and allegedly shooting men who are blindfolded. The obvious thing to do, notwithstanding the accuracy or the non-authenticity of the video, is to identify any of those faces and establish the fact that they are genuine army personnel and verify it thoroughly and bring them to court martial procedures,” Minister Samarasinghe explained.
“What we demonstrated in Geneva is that we are committed and are working on these challenges,” he said.
He also added that all what was stated at the sessions in Geneva at the UPR were appreciated by a number of delegations present and who judged the sessions. It was a good occasion to explain the stance of the Government.
“Usually, at a comprehensive UN session such as this, we get only a few minutes to make a statement but we were given 70 minutes this time. Therefore we took the maximum opportunity, and we will continue to work towards the progress of the investigations,” he said.
Minister Samarasinghe continued, “We will not involve any international body to be part of our investigations and procedures. This is a domestic process and we are not interested in getting outsiders.”
Steps taken based on evidence
“Who can precisely say the international body is more independent than our local officials?” he questioned.
The minister did not wish to comment on the Indian stand on the Sri Lankan government’s views, but added, “Our stand is, we are committed to these challenges and are looking into the accountability issues. If sufficient evidence is established, we will certainly take the next step – to prosecute the persons involved. We don’t want to tolerate any impunity. The UPR session did not ask for a time frame for all these to be completed but wanted only the progress in record.”
He added, “I must say, even those countries which did not vote with us at the last Human Rights Council in March 2012 acknowledged that Sri Lanka has progressed.”
By Sulochana Ramiah Mohan-Sunday 04 November 2012
Sri Lanka rejected some of the recommendations by the Human Rights Council because most of them have already been implemented,” said Minister Mahinda Samarasinghe who led Sri Lanka’s delegation to Geneva.
He made this statement at the session where he gave the explanatory note as to why Sri Lanka had rejected certain recommendations at the Universal Periodical Review (UPR) held in Geneva on November 1, 2012.
He added, “We are now concentrating on the visit by Navi Pillay, the UN High Commissioner for Human Rights who is expected in Sri Lanka early next year.”
Commenting on the information passed on by Tamil Nadu’s DMK treasurer, M.K. Stalin, that the high commissioner would be coming to Sri Lanka in January, the minister said, “We checked with the UN High Commissioner’s office if the news is accurate but according to them she has not communicated the exact month of arrival, and had said ‘early next year.’ If she is going to come to Sri Lanka, she should inform the government about her visit.”
“News of her impending arrival has been conveyed to our UN ambassador in Geneva, it is claimed, but the exact date has not been indicated,” he said.
‘In line with our thinking’
All the accepted recommendation are in line with our thinking, the minister said. “For example, the implementation of the LLRC Task Force Action Plan (short term, medium term and long term operational plans), not the LLRC report per say, have been accepted.”
He also said, “If you read some of the recommendations carefully, they ask us to conduct further investigations into various incidents, and we are doing it.”
“We have met the Army Court of Inquiry at 30 different occasions and at present we are looking into 15 items that are listed in the LLRC report. At the same time, the Attorneys General’s Department is also looking into some of the cases. So these are some of the recommendations we have accepted and they are already being implemented. The rest of the recommendations in line with our thinking totals to 110.”
Explaining as to why some of the recommendations were rejected, he said, “The ones we have rejected were on the basis that either they have been completed or not being in line with our thinking. When we reject, it is rejected, based on the concern for the country. All countries reject recommendations based on their country’s perceptions.”
“Almost all the countries at the Geneva session appreciated the work that has been achieved by the Government of Sri Lanka. This is what we wanted from the start.”
He continued, “Having said that, I should also say, we do have to overcome many other challenges and for that we need more time. We cannot say exactly when this could be completed. We need more time. We cannot give a time frame as it depends on how we proceed. But we are committed, and this is what I would like to say. The ultimate objective is to complete the task and achieve a comprehensive reconciliation. The sooner we do so the better, but it cannot be rushed. For instance, the investigations depend a lot on the evidence that is brought forward. If there is evidence, certainly prosecution can follow, so that is what the attorney general and the police are doing.”
The mechanism
“The Army Court of Inquiry is looking into the entirety of listed incidents that is relevant to the army. For example, the Channel 4 telecast. In that regard, we have even gone to the extent of seeing whether we can identify the images of the people on the video. Some men are seen wearing army uniforms and allegedly shooting men who are blindfolded. The obvious thing to do, notwithstanding the accuracy or the non-authenticity of the video, is to identify any of those faces and establish the fact that they are genuine army personnel and verify it thoroughly and bring them to court martial procedures,” Minister Samarasinghe explained.
He also added that all what was stated at the sessions in Geneva at the UPR were appreciated by a number of delegations present and who judged the sessions. It was a good occasion to explain the stance of the Government.
“Usually, at a comprehensive UN session such as this, we get only a few minutes to make a statement but we were given 70 minutes this time. Therefore we took the maximum opportunity, and we will continue to work towards the progress of the investigations,” he said.
Minister Samarasinghe continued, “We will not involve any international body to be part of our investigations and procedures. This is a domestic process and we are not interested in getting outsiders.”
Steps taken based on evidence
“Who can precisely say the international body is more independent than our local officials?” he questioned.
The minister did not wish to comment on the Indian stand on the Sri Lankan government’s views, but added, “Our stand is, we are committed to these challenges and are looking into the accountability issues. If sufficient evidence is established, we will certainly take the next step – to prosecute the persons involved. We don’t want to tolerate any impunity. The UPR session did not ask for a time frame for all these to be completed but wanted only the progress in record.”
He added, “I must say, even those countries which did not vote with us at the last Human Rights Council in March 2012 acknowledged that Sri Lanka has progressed.”
