Photograph: Tamil Guardian

As the United Nations Human Rights Council discusses a resolution to take forward the recommendations of the damming UN report into Sri Lanka’s atrocities, the chief minister of the Northern Provincial Council and former supreme court justice of Sri Lanka CV Wigneswaran called on the council to work for a resolution that fully adopted the recommendations of the High Commissioner for Human rights and allowed a victim centred transnational approach to the accountability and reconciliation  process.

In a guidance note addressed to drafters of the upcoming consensus resolution on Sri Lanka and to member states of the UN Human Rights Council, Mr Wigneswaran spoke on 5 themes that would need to be sufficiently addressed in any resolution adopted by the council to see a lasting peace, accountability and reconciliation in Sri Lanka.

Extracts reproduced below:

Scope and Breadth of violations

As such, this Council strongly believes that Sri Lanka’s breach of the international obligations through the committing of international wrongful acts warrants the establishment of a mechanism, which draws the involvement of international judges and processes of high international standards to tackle ‘international crimes.'

The diverse nature of affected parties & offending individuals

Foreign Minister Frank-Walter Steinmeier with Tamil youths in Kilinochchi, at the opening of a German-funded training institute (Photo: Photothek.net)

German Foreign Minister Frank-Walter Steinmeier stressed the need for international involvement in Sri Lanka’s process for accountability, during his visit to Colombo.

Speaking at a press conference alongside Sri Lanka’s Foreign minister Mangala Samaraweera, Mr Steinmeier said Germany was ready to share its experiences in the matter of reconciliation and justice, if it was desired by Sri Lanka.

“Unfortunately a global model [for justice and reconciliation] which fits all circumstances does not exist. Dealing with the past is necessary, reconciliation difficult and in many cases quite painful,” the foreign minister said.

“Elements that belong to it include, truth finding, justice, reparations and of course, guarantee of non-recurrence.”

Sri Lanka’s Prime Minister Ranil Wickremesinghe has rejected a call from the UN and other countries to involve the international community in the proposed accountability mechanism to address mass atrocities during the armed conflict, reports AFP.

A memorial was opened in remembrance of the children killed when their school was bombed by Sri Lanka’s air force in 1995.

Around 71 Tamil civilians were killed in bombing raids in the Nagarkovil area 20 years ago today, with 26 children killed at the site of the new memorial, which was opened in their former school, Nagarkovil Central School.

Members of the United States Congress called for the formation of a hybrid special court with international judges, prosecutors and lawyers to try war crimes and crimes against humanity committed in Sri Lanka, in a letter written to US Secretary of State John Kerry on Monday.

Former Sri Lankan President Mahinda Rajapaksa rejected claims that he had agreed to investigate mass atrocities committed on the island and claimed his government was never at risk of facing sanctions, as he denounced the OISL report today.

In a statement released online, Mr Rajapaksa stated that Sri Lanka was never at risk of facing economic sanctions over the refusal to account for the final stages of the armed conflict, which saw tens of thousands of Tamil civilians killed.

“Such measures are very rarely implemented because the country imposing sanctions ends up making a permanent enemy of the people of the country at the receiving end,” said Mr Rajapaksa. “Unilateral sanctions against Sri Lanka was never on the cards during my tenure.”  

Instead the former president said that “during the war, Sri Lanka and the USA had a mutually helpful exchange of information on security matters” and that “throughout my tenure, the main foreign investors in the Sri Lankan long term sovereign bond market and the securities exchange were from America and Europe”. “It is only after I  was voted out of office that these investors started withdrawing their money from Sri Lanka,” he claimed.

Stating that a hybrid court “is not feasible”, he went on to say “if there are allegations of wrongdoing against any member of the armed forces, I strongly believe that those should be tried under the existing Sri Lankan law, under our present courts system and by our judges and our Attorney-General’s department”.

His comments echo those made by current Sri Lankan president Maithripala Sirisena last week, who reiterated "our stand is to have a domestic inquiry”.

TNA parliamentarian M. A. Sumanthiran called for “internationalised prosecutions” for mass atrocities committed in Sri Lanka, as part of an accountability process for the crimes.

Speaking at a panel discussion on Saturday hosted by the Global Tamils Forum (GTF) in London Mr Sumanthiran said the TNA had “no trust in a local judicial mechanism” which is why they are pushing for “internationalised prosecutions”. “One of the most important things is that victims of these crimes must have confidence in these courts and they will not have any confidence in a pure domestic system,” he added.

He stated that this strategy must run parallel with a long-term push for referral to the International Criminal Court, which he believes will eventually come with a “reformed Sri Lankan government”.

Considering ongoing challenges in Sri Lanka, Mr Sumanthiran emphasised the importance of security sector reform, but also the difficulty in achieving it. “The military is the same military, the Terrorist Investigation Department is the same people guilty of serious violations,” he said.

In response to a question concerning the LTTE, he stated the, “LTTE was a product of a problem of majoritarianism” and “the defeat of the LTTE cannot be agreed with because the means used to defeat the LTTE weren’t just to defeat the LTTE, they were to suppress the voice of the Tamil people once and for all.”

He also explained that the TNA was pursuing a dual strategy of both a political solution and accountability, as you could not have one without the other. Mr Sumanthiran noted that the TNA’s leadership was given their mandate by the recent election and that this mandate included seeking a federal structure with maximum devolution of powers with a view to self-determination within a united undivided country.

The JVP said that previous government appointed commissions were a waste of public money, as he criticised former Sri Lankan President Mahinda Rajapaksa for paving the way for a hybrid court to prosecute war crimes.

The release of the long awaited OHCHR investigation into Sri Lanka (OISL) report last week is a monumental moment for the victims of mass atrocities on the island and all those who continue to work towards seeing justice served. The crucial document, which was mandated by a UN resolution, meticulously outlines the gravity of the crimes perpetrated, and lays down the path towards accountability for them. Clear decisive action must now be taken to follow it.

Sri Lanka's Defence Secretary Karunasena Hettiaratchchi said the country must “be vigilant” due to “talk of local and international investigations” in

Speaking whilst meeting Buddhist monks, Mr  Hettiaratchchi said:

“It is not only fighting the terrorists. It is a broad area. What I meant is when there is silence we can assume that some groups are organising themselves. Therefore, we should be vigilant and be ahead.”

“These days there is talk of local and international investigations,” he added. “That’s why we say we have to be alert.”

The defence secretary also accused Indian fishermen of carrying out “economic terrorism”. He went on to state:

“Usually when a thief breaks into the house and few days later we tend to lose attention thinking that he will not break in again. But we do not work in that manner and we work assuming that there can be a threat."