The threat to the integrity of parliament has receded with the unanimous Supreme Court decision to impose a stay order on the presidential decree to dissolve parliament. The court has stated that it will give its final determination on December 7 after hearing the arguments for and against the constitutionality of the president’s actions more fully. The National Peace Council welcomes this judicial decision that seeks to ensure that transitions will take place within the framework of the Rule of Law and the Constitution.
The recent actions of President Maithripala Sirisena, in particular the abrupt sacking of Prime Minister Ranil Wickremasinghe on October 26, proroguing Parliament in an attempt to engineer crossovers to the newly appointment Prime Minister’s side to enable him to prove majority support in the House, and the subsequent dissolution of Parliament on November 10 have plunged Sri Lanka into serious political and economic crises.
The dismissal of Prime Minister Ranil Wickremesinghe following the withdrawal of the SLFP headed by President Maithripala Sirisena from the government alliance has plunged the country into a political crisis. The president has appointed former president Mahinda Rajapaksa as the new prime minister. The changing of governments and leaders is part and parcel of democracy. But due process needs to be followed, the constitution must not be not violated and the Rule of Law must prevail when such changes take place. Prime Minister Wickremesinghe has contested his dismissal, and the appointment of a new Prime Minister, on the grounds that it does not conform to the 19th Amendment to the constitution. The legality of the Prime Minister’s dismissal needs to be resolved by the Supreme Court.
The passage of legislation establishing an Office for Reparations is another significant step forward in the transitional justice process aimed at healing the wounds of war and bringing a lasting solution to Sri Lanka’s ethnic conflict. In October 2015 the Government of Sri Lanka committed itself before the UN Human Rights Council in Geneva to embark upon a path of national reconciliation while meeting international standards. The government pledges included setting up an Office of Missing Persons, a Truth Commission, an Office for Reparations and a Special Court. The time period given to Sri Lanka comes to an end in March 2019.
The transitional justice process agreed upon by the government with the international community in October 2015 with the co-sponsoring of Resolution 30/1 of the UN Human Rights Council continues to be a highly contested one within Sri Lanka. The government is showing sharp internal divisions on the issue of accountability for past human rights violations that the UNHRC resolution requires. There is danger of a regression that will once again bring Sri Lanka into conflict with the international community.
A report issued last week by a UN fact finding mission into human rights violations in Myanmar has recommended that its most senior military commanders should be investigated and prosecuted for genocide in dealing with the Rohingya and other minority ethnic communities. In response to the Myanmar government’s refusal to accept responsibility for what has happened, the UN mission called on the UN Security Council to refer Myanmar to the International Criminal Court or for the creation of an ad hoc international criminal tribunal. They also called for an arms embargo and targeted sanctions against individuals who appear to be more responsible.
The government has established an Office of Missing Persons (OMP) and is now in the process of passing legislation to establish an Office for Reparations as part of its commitment to ensurepost war reconciliation. The government promised to set up these mechanisms, amongst other reform measures, during the September 2015 session of the UN Human Rights Council.
The departure of the United States from the UN Human Rights Council is a regrettable blow to a global institution which has been mandated to protect and uphold human rights throughout the world including Sri Lanka. In 2015, Sri Lanka together with the US and several other member countries of the UNHRC, co-sponsored a resolution that called upon Sri Lanka to enter into a process of transitional justice. Despite the US pullout from the UNHRC, the US embassy in Sri Lanka has assured that it will continue to assist Sri Lanka to fulfil its international commitments to advance the cause of reconciliation and lasting peace for all Sri Lankans.
The political space opened up by the government over the past three years has enabled political parties and civil society to engage in public activities without restriction. The National Peace Council is concerned that this political space is being utilized most fully by ethnic nationalists. This has increased the divisions in society, as manifested in the public activities that commemorated the last day of the war on May 18.
The inaction of government due to the ongoing political crisis involving the coalition partners in the national unity government continues to erode public confidence in its problem solving capacities. This concern is especially marked in regard to the transitional justice process. So far only the Office of Missing Persons (OMP), which is one of the four transitional justice mechanisms promised in October 2015 has been established.