The Challenges Of Implementation Of The UNHRC Resolution
By Chandra Jayaratne –January 11, 2016
Chandra Jayaratne
It is most likely that the post OISL, transitional justice, reparations, reconciliation, and accountability, mechanisms and non-recurrence assurance systems and structures will be made up of the following initiatives:
* Public petitions be called for by the TRC and received possibly regionally and also centrally. It is not known as of now, whether the Commission members, spread out amongst regions, with their support teams will have a process of regional hearings, in addition to receiving petitions. Will such a structure of preliminary hearings identify prima facie, the key historical events, incidents, harassments, denial of rights, ethnic-religious discriminations etc, along with other war crimes complained of to have taken place. It is also unknown whether only impacted persons or groups collectively can submit petitions/complaints or whether Institutions of the state, including the armed forces and police, Public Institutions (like HRC, NGO, INGO’s) and civil society leaders and activists will also be allowed to submit petitions/complaints and or submissions. Further it is not sure as to whether the petitions received by LLRC, Paranagama Commission and those collected recently by Office of National Unity & Reconciliation, as well as evidence gathered by Darusman Panel, OHRC, UN, UNIWEG, Red Cross, recently published torture reports and others purported evidence will have any part within this process and will be included as complaints. The role allowed to Diaspora to petition is a further issue of uncertainty
* A support arm of the TRC to record, collate, classify, group, prioritise, the petitions, and separate them by incidents/ events and by types of IHL violations
* The investigative arm to investigate the specific prioritised petitions and incidents/ events and IHL violations and discriminations sent for investigation by the TRC
* The investigation reports compiled by the TRC to be reviewed by AG’s department and classified by those for reference to
- TRC for hearing
- For Prosecution by the specially created courts
- Recommending amnesty
- No further action
*TRC may also call for and receive confessions from persons believed to be perpetrators, of any o crimes committed and seeking amnesty for any potential perpetrated crimes
