LLRC report presented in Parliament:
‘National reconciliation, govt’s principal aim’
*Terrorism main impediment to
economic, social development
The report of the Lessons Learnt and Reconciliation Commission (LLRC)
was presented to Parliament yesterday by Leader of the House and
Irrigation and Water Resources Management Minister Nimal Siripala de
Silva.
Following is the full text of the speech delivered by Minister de
Silva presenting the LLRC report in Parliament. “The achievement of
national reconciliation is one of the principal aims of our government
after the eradication of terrorism. The reign of terror, which our
country had to endure for 30 long years, was the main impediment to
economic and social development in every sector. It is a matter for deep
satisfaction to the government that it has been able to rid Sri Lanka of
this menace. We now have the opportunity, which eluded us for so long,
to derive the fullest benefit from our country’s natural strengths and
in particular, from the unique calibre of our human resources.
To do so, the first requirement is the spirit of inclusivity. We have
to put behind us the anguish of a painful conflict and to confront the
challenges of the future as one nation.
‘It is in this context that President Mahinda Rajapaksa appointed, on
May 15, 2010, the Commission of Inquiry on Lessons Learnt and
Reconciliation. The Commission submitted its Report to the President on
November 20, 2011. President Mahinda Rajapaksa wishes to thank the
Chairman and Members of the Commission for the conscientious and
painstaking work they have done. ‘It is now my pleasure to submit their
Report to this august Assembly, together with a brief statement which
sets out the government’s initial response to the major recommendations
contained in the Report.
‘The Commission offers us detailed observations and recommendations
on international humanitarian law issues relating to the final phases of
the conflict. The Report clearly accepts the position that protection of
civilian life was a key factor in the formulation of policy for carrying
out military operations and that the deliberate targeting of civilians
formed no part of this policy. Military operations were conducted
professionally, but if there is evidence of transgression by
individuals, this of course should be examined. It is important to point
out that the government, of its own accord has already carried out a
series of measures including a comprehensive census in the Northern
Province which will enable firm and verifiable conclusions to be arrived
at on issues involving accountability, without any element of conjecture
or speculation.
‘On the basis of evidence placed before them, the Commission points
to several specific episodes which, in their view, warrant further
investigation. These episodes are referred to in the Report, in a
variety of settings.
‘With regard to video footage which has generated controversy, while
the Commission refers to “troubling technical and forensic questions of
a serious nature that cast significant doubts about the authenticity of
this video and the credibility of its contents,” the Commission
recommends, for the purpose of clearance of all doubts, that an
independent investigation of this matter be embarked upon.
‘It is a matter of the greatest importance to the government to have
the truth relating to each of these matters established in a manner that
put controversy to rest for all time. The government has asserted
clearly on many occasions that, if reliable evidence is available in
respect of any contravention of the law, the law of the land will be set
in motion. The Report now sets out some specific situations where
examination of the circumstances from this perspective is appropriate.
The government is firmly of opinion that these situations require
thorough investigation in the first instance and punitive action in
terms of the law if wrongdoing is established.
‘In these circumstances the proper course of action is to set up a
mechanism for gathering and assessing factual evidence relating to the
episodes indicated, buttressed by a strong investigative arm. The
findings arrived at in this process will form the basis of a decision
whether criminal proceedings can be instituted. The material yielded by
this investigation will be placed before the Attorney-General for a
decision in respect of institution of criminal proceedings, where
warranted.
‘This is the vital aspect of application of the law. There is, as
well, a cluster of issues with regard to restitution. The Commission
rightly observes that “Closure is the first difficult emotive step in a
long and complex journey.” In appropriate cases, once finality is
reached, the issuance of death certificates and the provision of a
variety of forms of relief including monetary compensation and access to
facilities in the education and employment sectors, are among the steps
that will be taken as a matter of urgency.
‘The government has addressed in earnest a series of valuable
recommendations by the Commission in respect of land issues, with
particular reference to return and resettlement.
‘With regard to this range of matters, the government would like to
set out some basic principles with crystal clarity. It is a false, and
indeed mischievous canard, that the government is committed to a policy
of changing the demographic composition of the areas affected by the
conflict. It is our firm resolve to ensure that all those who have been
dispossessed of their lands, are afforded the opportunity to return to
the lands they occupied. With regard to the two High Security Zones -
Palaly and Trincomalee-Sampur - the area occupied by the Zones, as the
Commission has recognized, has diminished significantly, and the
government will closely monitor and expedite continuing progress in this
regard. In cases where the owners have decided to sell their lands or to
accept alternative lands in situations where restoration to possession
of the original lands is not feasible because of supervening
circumstances, the necessary arrangements will be completed
expeditiously. There had been very considerable progress in respect of
access to places of religious worship, very few of which are currently
situated within High Security Zones, and any residual issues will be
resolved in a time-bound manner. The government, moreover, regards as
fundamental the principle that any citizen of Sri Lanka has the
inalienable right to acquire land in any part of Sri Lanka in accordance
with applicable laws.
‘The resolution of matters pertaining to competing equities in
respect of title to land in the former areas of conflict, is strikingly
complex. The government finds helpful the Commission’s suggestions
regarding the institutional mechanisms to deal with land documentation
and user-right issues. The launching of a well-designed, settler centred
communication campaign to provide fuller information will be immediately
undertaken. The government accepts the Commission’s recommendations
about formulation of a land use plan for each district in the Northern
and Eastern Provinces and, as a longer term initiative, the
establishment of a National Land Commission for the country, as a whole.
‘Security Forces will continue to be deployed as appropriate in all
parts of the Island, including the Northern and Eastern Provinces.
However, now that conditions of normalcy have been re-established, it
will be the deliberate policy of the government to ensure the withdrawal
of Security Forces from all aspects of community life, their role being
confined exclusively to security related matters. This is a matter
relating to scope of functions and to profile. Security Forces will
disengage themselves from civil administration related activities and,
in particular, from participation in any decision making in respect of
land issues. More than 600 Tamil speaking police officers have been
recruited already.
The police, with Tamil langauge capability, will be further
strengthened to deal with law and order functions. As a means of
enhancing effectiveness in this regard, units of the Attorney-General’s
Department will be set up in the Provinces to provide guidance to the
police with regard to procedure.
‘The government places particular emphasis on bringing about a total
end to the possession of unauthorised weapons. No one is more concerned
than we are, as a government, with this phenomenon, because of its
potential to stultify our central objectives. The relevant information
contained in the Report will be acted upon. This issue, which was
closely linked to the turbulent conditions prevailing at the height of
the conflict, has been addressed with considerable success, and the
final mopping up will be taken in hand vigorously. Where there is
evidence relating to the possession of illegal weapons, raids will be
conducted on the basis of a policy of zero tolerance. His Excellency the
President has directed the defence authority to keep him informed of
progress and this information will be made available to Parliament as
part of an effective monitoring process under public scrutiny.
‘Sound prioritization is an essential aspect of a practical strategy
for implementation. It is important to distinguish between measures
addressing humanitarian needs as a matter of urgency and longer term
initiatives. As a central feature of the government’s approach to
reconciliation, a Parliamentary Select Committee has been set up to
achieve a national consensus in respect of constitutional changes which
are timely to fulfil minority aspirations. Parallel with this all-Party
mechanism necessary for sustainability of far-reaching constitutional
reforms, the government has commenced bilateral discussions with Tamil
political parties on a structured basis.
‘The government has no doubt that the Trilingual Policy, already
announced by the government as a cornerstone of our plans for the year
2012, will make a contribution of value to building bridges among the
communities and consolidating a sense of national unity.
‘All the agony and suffering which the thirty year conflict has
inflicted on our country, is a matter for deep sadness. While we
recognize this collectively as a nation, our acknowledgement of this
reality must strengthen our determination to seize this rare opportunity
which has now presented itself.
We must do so in a spirit of togetherness, irrespective of
considerations of language, creed or religion. In this context, the
government would endorse unreservedly the commend by the Commission that
“There must be willingness on the part of all political parties to give
up adversarial politics and have consensual decision-making on national
issues.” This is the need of the hour.
‘The President wishes to reiterate his thanks to the Commission for
the dedication and commitment with which they have accomplished their
daunting task within a remarkably brief period. The government seeks the
support of all members of this House, rising above Party affiliation, to
carry forward the task of implementation with the energy that is called
for at this crucial time.’ |