- Monday, 28 July 2014
The disruption of two media training programmes for Tamil journalists from the former war zones of the North in quick order makes it appear that they have become a target for suppression. In the space of less than six weeks there have been at least two attempts to prevent Tamil journalists from interacting with the larger civil society, to share their experiences and to benefit from the latest advances in methods of news investigation and dissemination. In this context the spokesman for the Free Media Movement has said, “A journalist needs to be trained so that they can do more for society. The government is stopping that from happening. What they want are journalists who will be their puppets.” He added that he had been threatened not to speak at the press conference convened to publicise the issue.
Six weeks ago, a workshop held in a hotel in Negombo on investigative reporting on the enforcement of the recommendations made by the Lessons Learnt and Reconciliation Commission (LLRC), which had been organized for the Northern Tamil journalists by Transparency International’s Sri Lanka Branch was disrupted by a mob who threatened the safety of the participants in violation of their rights to freedom of assembly and expression. The police had only been prepared to offer safe passage to the participants to leave the hotel when the workshop was prematurely stopped. But they were not prepared to ensure that the workshop continued with their protection. The right to free assembly and speech are protected in the Constitution and the police are obliged to protect these rights of the people, but this did not happen.
- Friday, 25 July 2014
A delegation from the National Peace Council met the Parliamentary Select Committee established to make recommendations for a political solution to the ethnic problem, on the 6th July at 3 pm. The delegation had met the Committee on an earlier occasion and had been asked to make further submissions and clarify certain matters in the written submissions which follow:
The 13th Amendment was passed in 1987. It provided for devolution of power to Provincial Councils and the subjects and functions devolved to the Provincial Councils were set out in the List.—
Executive Power- The 13th Amendment Article 154C says. “Executive power extending to the matters with respect to which a Provincial Council has power to make statutes shall be exercised by the Governor of the Province for which that Provincial Council is established, either directly or through Ministers of the Board of Ministers, or through officers subordinate to him, in accordance with Article 154F.
154F.(1) There shall be a Board of Ministers with the Chief Minister at the head and not more than four other Ministers to aid and advise the Governor of a Province in the exercise of his functions. The Governor shall in the exercise of his functions act in accordance with such advice except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion”.
So there is provision for the Governor to exercise his Executive powers only on the advice of the Chief Minister and the Provincial Council except where under the Constitution he is required to act in his discretion.
But the Provincial Councils Act No 42 of 1987 has gone beyond the constitutional requirement and given the Governor wide powers to act in his discretion without consulting the Chief Minister. Under Art 15(2) the decisions of the Governor are also deemed to be the actions of the President.
But the Provincial Councils Act No 42 of 1987 departed from the principles under-lying the Constitutional Amendment.
All contracts entered to by the Governor in the exercise of his executive power are to be treated as contracts and executed in the name of the Provincial Council and any actions (legal) in relation to the exercise of such executive shall be brought by or against such Provincial Council( Art 16(1) and (2).
- Thursday, 24 July 2014
CREDIBILITY REQUIRES BEING CONSISTENT INTERNALLY AND EXTERNALLY
The government has decided to invite three eminent international legal experts on human rights and war crimes to advise its Commission of Inquiry into Missing Persons. The team of experts is headed by Sir Desmond de Silva, Queen’s Counsel, a prominent British lawyer and a former Chief War Crimes Prosecutor at the UN Tribunal for Sierra Leone, who is also of Sri Lankan origin. It will also include Professor Sir Geoffrey Nice, a British lawyer who headed the trial of Slobodan Milosevic at the international tribunal for the former Yugoslavia in the Hague; and Professor David Crane of the United State who was the Chief Prosecutor of the Special Court for Sierra Leone.
They will serve on an Advisory Council to the Commission of Inquiry to advise it on matters pertaining to the work of the Commission. In addition, the government has expanded the mandate of the Commission on Missing Persons to include the loss of civilian life during the war and violations of international humanitarian law or international human rights law. They will also inquire into whether there was adherence to or neglect of the principles of distinction, military necessity and proportionality under the laws of armed conflict and international humanitarian law, by the Sri Lankan armed forces and LTTE.
- Monday, 21 July 2014
The government’s decision to invite three eminent international legal experts on human rights and war crimes to advise its Commission of Inquiry into Missing Persons was unexpected. It caught even senior cabinet ministers by surprise. The government had been steadfast in denying that serious human rights violations and war crimes took place from the commencement of such allegations more than five years ago. So far all inquiries conducted by the government have reaffirmed the government’s position that no such offenses took place. But as those have been a case of the military investigating the military and exonerating the military, the inquiries have not been internationally credible. The appointment of the independent UN investigative team to probe into these matters following the resolution passed by the UN Human Rights Council in March of this year appears to have jolted the government to reconsider its past position.
It is noteworthy that the UNHRC resolution of March 2014 had two operative parts to it. The first was to call for an investigation into the past by the Sri Lankan government that met with international standards. The second was to call for the Office of the UN Human Rights Commissioner to commence an independent investigation if the Sri Lankan government failed to carry out such an investigation itself. The appointment of the experts and expanding of the mandate of the Commission comes after the Office of the High Commissioner for Human Rights launched its own investigation on the war and appointed three experts, also of the highest international calibre and credibility, to oversee the probe. Now by appointing its own three member advisory panel, the government seems to be striving to operationalise the first part of the UNHRC resolution with the hope of diminishing the need for the implementation of the second part.