UNSG Panel welcome to present material to LLRC

Lucien RAJAKARUNANAYAKE

For the past three weeks the UN Secretary General’s advisory panel on Sri Lanka has been the focus of news reports and political discussion, with diverse interpretations being given to its proposed, intended or possible visit to Sri Lanka. Strong opinions have been expressed whether it should be allowed into the country or not, the role it could play here, including the threat it could pose to the sovereignty of Sri Lanka.

Such discussion of an issue is fair and only to be expected in a democracy, which belies many of the charges being made that Sri Lanka lacks in democracy. However, there are also wholly unrealistic interpretations about the visit of this panel, if it does take place, giving it a much greater importance than it actually deserves. One example is the BBC report of October 22, which said, as only its correspondent in Colombo, Charles Havilland could twist a story, that bringing 160 suspected hard core LTTE cadres before court on that day, was also linked to the expected arrival of this panel. Wholly ignored, was the government’s repeated statements that the LTTE cadres being held in custody will be presented in court to give them an opportunity for a free and fair trial, and that those who had no charges against them would be released, as indeed some have already been released.

What is significant in this discussion about the UNSG’s advisory panel is the importance the entire discussion has given to the role of the Lessons Learnt and Reconciliation Commission (LLRC), which many have attempted to dismiss as irrelevant to the current situation in Sri Lanka, and keep calling for an international tribunal to investigate alleged war crimes at the end of the humanitarian operation to liberate the people from the LTTE. It is useful, therefore, to place the facts with regard to the UNSG’s Advisory Panel before the public.

The Government of Sri Lanka would welcome the UN Secretary General Ban Ki-moon’s advisory panel on post-conflict developments in Sri Lanka, on the understanding that its visit is to make representations before the Lessons Learnt and Reconciliation Commission (LLRC). The LLRC has been established to seek the truth about the final phase of conflict, seek reconciliation and restorative justice for all those affected by the war, and to identify means to prevent a recurrence of such conflicts.

As the LLRC, as an independent body carrying out a mandate by the President, has sent out this invitation, it is the duty of the Government to provide necessary facilities to those coming to place relevant material before the Commission in response to the invitation.

There are considerable misconceptions in media reports that this is a reversal of an earlier ban by Sri Lanka on this panel coming to the country.

There were strong and well explained objections from Sri Lanka to this panel when it was first announced as one appointed to investigate alleged war crimes in the last stages of the humanitarian operation to liberate the people, from the LTTE.

Sri Lanka is still of view that such investigation, on credible evidence, is a matter solely for the country, in keeping with its sovereignty as a member of the United Nations.

The position with regard to this panel has since been clarified by the UN SG who has said it is a panel set up to advise him on objectives that include the fostering of reconciliation and related issues and to continue the strengthening of peace and development in the country.

The statement by the spokesman of UNSG (July 9, 2010) said the panel will be ‘a resource available to assist the Government of Sri Lanka and the Commission on Lessons Learnt and Reconciliation in applying the international best practice in this regard’.

The intended visit of this panel to Sri Lanka is not as an investigative panel and it is not expected to carry out any such activities in the country.

At the bi-lateral talks between President Mahinda Rajapaksa and the UN SG in New York (Sep 24, 2010) on the sidelines of the UN General Assembly Sessions, Ban Ki-moon explained to the President that the panel appointed by him relating to Sri Lanka was in no way empowered to investigate charges against Sri Lanka, but was solely to advise him (UNSG) with matters relating to Sri Lanka.

On that occasion President Rajapaksa informed the UNSG that the LLRC had shown it was ready to reach out to the people affected by the conflict by holding sittings in the war-torn areas; it was fully accessible, and was ready to give a hearing to anyone or any organization that had information of value to the process of reconciliation and restorative justice in Sri Lanka.

The facilitation offered by the Government to the members of the UNSG’s advisory panel is fully in keeping with support to the LLRC to achieve the best results of its invitation calling for representations to the Commission (June 18, 2010).

Accordingly, in the event of the Panel of the Secretary General wishing to make representations to the Commission, the External Affairs Ministry will make the arrangements that are necessary to enable the panel to do so.

This will assist in demonstrating the transparency of the LLRC, and its willingness to afford opportunities to all who are ready to make representations before it, on the basis of credible evidence and material that would be useful in the task of reconciliation and the process of restorative justice in Sri Lanka, and all other relevant matters in the Warrant issued to the LLRC.