The need of the day is for reconciliation, peace and amity between all the peoples of our country.  There is no place for hate and division. The government must honestly and actively pursue reconciliation. It must acknowledge the divisions within society and put in place mechanisms at the community and national level to heal them and prevent further division.  Moreover, the basic tenets of good governance require that the law of the land be applied equally to all, without fear or favour, irrespective of the identity of the perpetrators of division and hate.  The peace and prosperity that this country deserves will be seriously retarded if such actions are allowed to go unchecked and unpunished.

CPA reiterates that the existing legal framework provides law enforcement authorities with ample tools to prevent such incidents and arrest perpetrators.  It is deeply troubling that law enforcement authorities use the existing legal regime to prevent and stifle other forms of peaceful protests and gatherings but continuously fail to show the same degree of enthusiasm and efficiency in apprehending the perpetrators of these attacks.

The President and current government, voted into office with the support of our fellow citizens of all ethnicities and faiths, must act with courage and foresight to halt this frightening and fatal trend.   None of our fellow citizens should have to live in fear or be subjected to abuse and violence on religious grounds or indeed on account of deliberate falsehoods spread against them by purveyors of hate.

This government must act -fast and without room for any doubt.  By word and by deed, it must send out a clear and cogent message that it stands for a united Sri Lanka with peace, amity and security for all of its peoples.

Download this release in English here, Tamil here and Sinhala here.

May 19th 2017, Colombo, Sri Lanka: The eighth anniversary of the end of the war draws attention to the progress made and prospects for meaningful reconciliation. At the expense of the multi-faceted challenge of transitional justice and reconciliation, attention, in recent years, has focused heavily on the last stage of the war, in particular the allegations of international crimes against both sides, the demand for accountability, the modalities and the mechanism in respect of it.  Consequently, many Sri Lankans remain deeply divided and aggrieved on account of the decades of structural injustices, political violence and other egregious failures of governance by successive governments and non-state actors.

Worryingly, over two years into the present government, the full realization of governance reforms is under severe challenge and reconciliation increasingly elusive. In such a context, the Centre for Policy Alternatives (CPA) urges the government of President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to launch a programme of action to expedite realisation of the promises made in 2015 on constitutional reform, transitional justice and governance. It must be a truly national programme, capitalising on the unique feature of the victorious coalition of 2015 as the largest and broadest in our post-independence history. This design and execution of this programme of action should be treated as a matter of the utmost national priority with the support and participation of the public galvanized, accordingly.

Over the years Sri Lanka has missed several opportunities for conflict transformation and peace building. The opportunity for reconciliation presented by the end of the war was ignored by an authoritarian and triumphalist regime with no interest in addressing the grievances of victims and affected communities. Instead, it sponsored and presided over unprecedented levels of militarization, corruption, nepotism, disregard for dissent and free speech, attacks on minorities and the entrenchment of the culture of impunity. Promises to investigate past abuses resulted in tokenistic efforts of appointing commissions of inquiries and investigations, which failed to provide answers to the thousands of our fellow citizens searching for truth and justice.

January and August 2015 saw significant numbers of Sri Lankans rejecting this authoritarianism by voting in an unprecedented coalition government promising a new and democratic political culture and a genuine process of reconciliation. More than two years after, the prospect for change is fast diminishing, with little to show in the public domain by way of tangible change. Despite some early progress such as the enactment of the 19^th Amendment to the Constitution and Right to Information legislation, many Sri Lankans continue to be left out of key processes that define their future and that of the country. The persistent protests by victims and affected communities across Sri Lanka is a sign of the many areas requiring urgent attention and the growing perception that this government is no different to previous ones. Recent months have also evinced a near shut down of citizen engagement in policy reform, increased secrecy in the drafting of legislation and policies accompanied by the introduction of legal frameworks with disastrous implications for rights protection and due process. Furthermore, despite the rhetoric of reconciliation, this government has yet to engage with a cross section of society on a policy aimed at reconciliation and coexistence. In doing so it will be confronted with and hopefully comprehend, the complexities and challenges associated with it. Moreover, the initial enthusiasm for confidence building measures such as land releases and the addressing of issues of enforced disappearances has stalled, with the Office of Missing Persons yet to be established. None of the mechanisms promised in 2015 to address transitional justice have been established to date.

There is no easy prescription for the deep divisions and mistrust caused by decades of violence and injustices. Reconciliation is a long and messy process that must examine, acknowledge and recognise the painful and divisive past. It is a process that requires visionary leaders willing to take risks and transcend narrow and self-serving positions, steering citizens through tumultuous times and in the process, building trust between deeply divided communities. The ambivalence by sections of the governments towards the full implementation of reforms and reckoning with the past is, perhaps, not surprising, considering the exigencies of coalition government. But in a post war context where ambitious promises were made, the apparent absence of leadership transcending this and the squandering of a unique opportunity for reform, is indeed both disappointing and disturbing. The onus is on President Sirisena and Prime Minister Wickremesinghe to champion what was promised and reenergise the reform project. Inaction and apathy now will dash the hope of meaningful reconciliation and pave the way to greater authoritarianism.

Download the statement in English, Sinhala and Tamil.

Dr. Paikiasothy Saravanamuttu.

Oral Statement delivered by Dr. Paikiasothy Saravanamuttu  at the Interactive Dialogue with High Commissioner on Report on Sri Lanka.

I appear before you as a human rights defender who was labeled a traitor and terrorist because of a staunch belief in a citizen’s responsibility to protect and strengthen human rights, justice and equality in Sri Lanka. Accordingly, I welcome the Report of the High Commissioner, noting the cooperation of the current Government with the Special Procedures and the initial steps it has taken on transitional justice.

More, much more needs to be done and in the two years the Council grants to the Government, I sincerely hope and strongly urge that it make clear to the Government that a number of measures as laid out in Resolution 30/1 can, should and must be taken in that period to ensure that transitional justice will be realized in substantial, if not in full measure. The Special Procedures and the Consultation Task Force on Reconciliation Mechanisms appointed by the Government, of which I was the Secretary, have also made a number of recommendations adding to and reinforcing Resolution 30/1. The Consultation Task Force Report records the concerns and expectations of over 7,300 Sri Lankans from all communities, on the gamut of issues of transitional justice and its pivotal importance. The Government must heed the voices of its citizens.

In particular, the expedited return of land, the repeal of the Prevention of Terrorism Act and its replacement with legislation consonant with international human rights standards, a political and constitutional settlement of the conflict, demilitarization, an end to the culture of impunity, upholding the rule of law and and the establishment of the Office of Missing Persons and the other mechanisms and measures identified in Resolution 30/1 and the Task Force Report.

Mr. President, the Council must impress upon the Government of Sri Lanka that time is given to do the rest of what needs to be done, as identified by its citizens and this Council.

Thank you.

22 March 2017