LLRC Action Plan Gathers Pace Ahead Of CHOGM

By Easwaran Rutnam-Sunday, July 14, 2013

School kids enjoy their school days again at
Hindu College in Kilinochchi

The government is speeding up the implementation of some of the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) recommendations approved for implementation by the Cabinet. Moves to speed up the implementation 135 recommendations comes as the government looks to defy any criticism that may come their way on human rights related issues on the sidelines of the Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka in November 2013.

A committee on the National Plan of Action (NPoA) headed by Presidential Secretary Lalith Weeratunga — tasked to monitor the implementation of the Recommendations of the Commission, has gone public with the work it has done so far and it is doing. The execution responsibility rests with 19 line Ministries, the Presidential Secretariat, Attorney General’s Department and the Presidential Task Force for Resettlement, Development and Security in the Northern Province.

The National Plan of Action looks at, among other issues, the killing of five students in Trincomalee in 2006 and the deaths of 17 humanitarian workers in Muttur under controversial circumstances. Weeratunga’s committee says the Criminal Investigation Department (CID) conducted investigations into the case of killing of five students in Trincomalee in 2006 and the outcome of the inquiries was forwarded to the Attorney General.

“Police has been advised to institute Non Summary Proceedings in the relevant Magistrate’s Court, against thirteen suspects on charges of Unlawful Assembly, Murder and Attempted Murder,” the National Plan of Action said. Those 13 suspects were recently produced in court and remanded as investigations continue 7 years since the incident took place. The NPoA states that the CID has also conducted investigations into the killing of 15 Non Governmental Organization workers in Muttur and the outcome of that inquiry was also forwarded to the Attorney General. CID has been instructed to prepare a comprehensive list of witnesses into the incident, which drew a huge international outcry. Another incident, which drew international headlines, was a video aired by Britain’s Channel 4 allegedly showing soldiers killing unarmed LTTE cadres.

The NPoA recalls that an Army Court of Inquiry (CoI), which had investigated alleged civilian casualties reported during the final phase of the war, is now investigating the Channel 4 allegations.
The government and the army, at the outset, had rejected the Channel 4 saying it was doctored and not authentic. The Sri Lanka Navy, meanwhile, appointed a high ranking board of Inquiry to probe into references made on the navy in the LLRC Report.

“After conducting a formal inquiry, the board concluded that the allegations made against the navy that it fired at civilian targets are baseless as there is no evidence to indicate that the navy personnel were responsible for any attacks on civilians or civilian property either deliberately or by negligence,” the NPoA said. Another issue highlighted in the media, particularly the Tamil media is on reports of disappearances. The NPoA states that the Attorney General will take necessary steps to appoint a team of officers to assist any Commission or other investigative body appointed to inquire into any complaints of disappearances or any other violations.

The National Plan of Action says the Justice Ministry is to frame domestic legislation to specifically criminalize enforced or involuntary disappearances, “Action is underway for a team of Attorneys-at-Law under direct supervision and guidance of an Additional Solicitor General and a Deputy Solicitor General to recommend charges, discharge or any other course of action i.e.: rehabilitation having considered evidence available against each detainee.

Between 2009 and 2013, a total of 977 files relating to detainees had been opened and as at present there are only 160 matters to be concluded. The same Additional Solicitor-General functions as the focal point relating to detainees.”

Meanwhile, the Justice Ministry has initiated a study to identify recommendations in the reports submitted by a number of committees appointed in the recent past to look into the issues of the law’s delay to the Criminal Justice system.

The Attorney General’s representative will be nominated to attend any discussion relating to changes to the existing legal provisions upon a request by the Law Commission. Observations of the Attorney General on a proposed ‘Protection of Victims and Witness Bill’ will also be presented to the Cabinet of Ministers.

Another issue often raised by the international community is the issue of media freedom, or the lack of it.
According to NPoA an online complaint system is to be launched by the Sri Lanka Press Council enabling media personnel to lodge any complaint immediately.

Such complaints received will be monitored promptly and remedial actions will be taken within 24 hours. It also notes that draft amendments to the Press Council Act to empower the Council with a wider jurisdiction were submitted to the Legal Draftsman.

The international community has been calling for the full implementation of the LLRC recommendations but the government has decided to implement only some of them. What remains to be seen now is how much of it will be implemented by the time CHOGM comes around and how much of it will remain on the list of ‘to be implemented’.