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Coalition govt faced major economic and human rights challenges during month. Associated Press 8 Nov reported over 50 recent cases of Tamil men abducted and tortured by military, some subject to sexual violence, on suspicion of involvement with Liberation Tigers of Tamil Eelam (LTTE); most serious such allegation since 2015 change of govt. UN human rights chief said his office would investigate; senior foreign ministry official said incidents would be investigated and prosecuted. At 28th session of Universal Periodic Review at UN Human Rights Council in Geneva 15 Nov, Sri Lankan delegation renewed commitment to human rights including resolution to set up mechanisms to investigate wartime atrocities; accepted 177 of 230 recommendations but refused to repeal Prevention of Terrorism Act. Parliament 4-5 Nov debated draft of new constitution; parties divided on critical issues including power sharing. Suresh Premachandran of Eelam People’s Revolutionary Liberation Front, coalition member of Tamil National Alliance (TNA), 12 Nov left to form new political front with two other northern Tamil political groups; move follows increasing frustration in north over TNA’s engagement with govt. Fuel crisis early Nov prompted further criticism of govt on economic front. Finance minister 9 November presented new budget including chapter on reconciliation committing funds to conflict affected areas and for new Office of Mission Persons. Authorities 17 Nov deployed security forces and imposed curfew after Buddhist-Muslim violence in Gintota, southern Galle district; at least six injured, over 60 properties damaged, nineteen people arrested. PM Wickremasinge 20 Nov voluntarily appeared before Presidential Commission investigating irregularities in treasury bond sales at Central Bank.
Political and religious groups continued to react negatively to draft constitution presented to parliament 21 Sept, which is scheduled for debate early Nov. Media 18 Oct reported two leading Buddhist sects’ opposition to constitutional reform process; PM Wickremasinghe dismissed story and said sects’ leaders denied reports. Former President Mahinda Rajapaksa 16 Oct urged govt to abandon “destructive” process. Response to draft in former conflict-affected areas also largely unfavourable; coincides with continuing demonstrations, including major shut down of towns across north and east 13 Oct to protest long-term detentions of Tamils arrested under Prevention of Terrorism Act (PTA). Shutdown triggered after cases of three detainees were transferred under PTA to courts in Buddhist majority town Anuradhapura; detainees went on hunger-strike in protest, fuelling further public outcry; President Sirisena escorted away by police after protestors in Jaffna 14 Oct blockaded his motorcade. Protests by families of disappeared continued into seventh month. Basil Rajapaksa, former minister and brother of former president, 1 Oct said military may have committed atrocities during civil war, contradicting earlier denials by previous Rajapaksa govt. Police 11 Oct arrested parliamentarian and former President Rajapaksa’s son Namal Rajapaksa for unlawful assembly and damage to public property after he led protest against lease of Mattala airport to Indian company. Several people including a Buddhist monk were arrested over 26 Sept attack by extremist Buddhist monks on UN-run safe house for Rohingya refugees.
Parliamentary committee on constitutional reform 21 Sept presented parliament delayed interim report with blueprint for new constitution: deals with nature of state, unit of devolution, electoral reform and religion; unclear if and when constitutional assembly will debate report. Coalition govt 20 Sept passed Local Authorities Elections (Amendment) Bill postponing provincial polls planned for 2018, despite opposition protests. Supreme Court ruled that sections of proposed 20th amendment were unconstitutional and would require a referendum. Under bill, polls to be conducted under new hybrid system combining first-past-the-post and proportional representation. At 36th session of UN Human Rights Council, high commissioner for human rights Zeid al Ra’ad Hussein 11 Sept urged Colombo to accelerate “essential confidence building measures” such as replacing Prevention of Terrorism Act and reducing militarisation in north. President 12 Sept operationalised Office of Missing Persons (OMP), breaking deadlock in transitional justice related reforms, but maintained hard-line position on trying military officials amid renewed allegations against retired army commander General Jagath Jayasuriya for war crimes in north during final stages of civil war. Jayasuriya’s predecessor General Sarath Fonseka said he would be ready to testify against him; President Sirisena said he would not allow any “war hero” to be tried by “foreign group”. Addressing UN General Assembly 20 Sept, Sirisena asked international community to recognise and support Sri Lanka’s “slow” but “steady” reform on democratisation and human rights. Govt failed for second time 21 Sept to bring to parliament scheduled legislation to criminalise enforced disappearances, amid campaign by opposition that it could be used against military.
Tensions re-emerged within unity govt as Foreign Minister Ravi Karunanayake, close ally of PM Wickremesinghe and senior United National Party (UNP) leader, resigned 10 Aug in wake of corruption charges during his tenure as finance minister, following intense pressure from President Sirisena and PM. Some UNP parliamentarians reportedly expressed resentment over resignation, seen more broadly as positive step in governance reform agenda. Tilak Marapana, former attorney general also implicated in corruption scandal in 2015, appointed new foreign minister; in first press statement he affirmed there will be no foreign judges in any post-conflict accountability mechanism; also said country had significant time to implement commitments to UN Human Rights Council on transitional justice. Sirisena 23 Aug removed controversial Justice Minister Wijedasa Rajapaksa, Buddhist nationalist and perceived sympathiser of previous govt, citing his public criticism of deal selling stake in Hambantota deep sea port to China. MoU between UNP and Sri Lanka Freedom Party (SLFP) expired 21 Aug, with understanding that both parties will work together though no attempt at renewal. Govt 28 Aug tabled 20th amendment to constitution which enables postponement of local elections with aim of conducting all polls same day in 2018; local councils, civil society and opposition challenging amendment which they see as usurping local powers and delaying elections. Protests continued in north by families of disappeared, including women’s representatives, calling for govt to release list of people in detention and those who surrendered to military at end of civil war in 2009; protests now ongoing for six months, with no substantive action by govt. Govt early Aug released list of people held under PTA.
President Sirisena 20 July signed into law Office on Missing Persons – first of four promised transitional justice mechanisms, although more steps needed for office to be operational – as protests by northern families of persons forcibly disappeared during civil war continued into sixth month. Sirisena early July appointed two senior officials known as supportive of reform, naming Austin Fernando as presidential secretary and Major General Mahesh Senanayaka as army commander. Group of senior monks 4 July announced opposition to new constitution, resolving that prominence accorded to Buddhism and unitary character of country should be retained along with executive powers of president. Sirisena 6 July issued assurance that they and other religious leaders would be allowed to review any draft constitution before it is presented to parliament, and saying country’s unitary state and special status for Buddhism would be preserved. PM 7 July said process to draft new constitution cannot stop, part of govt’s electoral mandate. Monks also called for delay in parliament’s consideration of bill to incorporate in domestic law international convention against enforced disappearances, claiming it could lead to prosecuting military personnel; govt postponed parliamentary debate on bill, officials said it will outlaw only future disappearances. Following 11-14 July visit, UN Special Rapporteur for Counter-terrorism and Human Rights Ben Emmerson issued statement characterising torture in Sri Lanka as “endemic and routine”, called Prevention of Terrorism Act “flagrant denial of justice” and said draft “Counter Terrorism Act” would still lead to violation of human rights. Justice Minister Wijeyadasa Rajapakshe accused Emmerson of making factually inaccurate claims. Policeman shot and killed in Jaffna 22 July in apparent assassination attempt against High Court judge hearing high-profile rape and murder case. Despite months of opposition-backed protests and strikes by trade unions, govt 29 July signed $1.1bn debt-equity swap giving Chinese govt-owned corporation 70% stake in strategic Hambantota port and development zone.
Govt’s failure to curb ongoing anti-Muslim violence provoked strong international and domestic response, including from diplomats in Colombo 1 June and from Organisation of Islamic Cooperation 6 June, calling on govt to take firm action to prevent attacks and arrest perpetrators. Cabinet 13 June issued unusual statement directing law enforcement authorities to “immediately take all necessary steps” against violence and hate speech targeting religious and ethnic groups, citing danger of conflict. Main militant group Bodu Bala Sena (BBS) leader Gnanasara, evading arrest since late May, surrendered to court 21 June, immediately given bail in three cases and more time to appear in fourth case. BBS spokesman 11 June announced organisation had power to “unleash terrorism” but was not behind attacks. Police made several arrests during month including of BBS member suspected of involvement in at least four arson attacks, and four BBS members, including Buddhist monk and police officer, suspected in 17 June arson attack on Colombo mosque. Chief monk of important Asgiriya Buddhist chapter 20 June denounced “internal and external conspiracies against Sinhala Buddhists” and “condemn[ed] acts by other religious groups that insult [the] tolerant Buddhist ethic”. Justice minister 17 June publicly attacked prominent Christian lawyer Lakshan Dias for statement claiming there had been over 160 attacks on Christians and churches under Sirisena govt; international rights groups denounced minister’s threat to have lawyer removed from bar, said it was sign of growing intolerance of dissent. Protests in north led mostly by women continued into fifth month, demanding govt release information on fate of missing family members during 1983-2009 war. President met families 12 June, promised to release list of all who surrendered to military at end of war in 2009 and release any held without charge; denied existence of secret detention camps.
New wave of militant Buddhist campaign of violence and intimidation against Muslims, which began in April, intensified, with at least a dozen violent arson attacks and vandalism against mosques and businesses; PM and president 23 May promised action to curb violence; law and order minister 24 May criticised police for failure to make arrests as leader of main militant group, Bodu Bala Sena (Buddhist Power Force) went into hiding. Spike in attacks comes amid gradual collapse of momentum for reform and slow rise in resulting tensions. Tensions also evident around eighth anniversary commemorations of end of civil war 18/19 May, which saw starkly divergent events in Tamil north and east and Sinhala-majority south. Speaking to military and political leaders at formal “remembrance day” ceremony, President Sirisena promised no reduction in size or strength of military; commemorations in north, some framed as memorials to genocide, closely watched by police and intelligence services; event in Mullaitivu district at location of final battles forced to relocate, with Catholic priest organiser questioned by police for possible violation of anti-terrorist law. European Commission 16 May announced Sri Lanka had regained GSP+ tariff preferences despite govt failing to finalise new rights-compliant counter-terrorism legislation; new trade regime, which EU estimates is worth €300mn per year, came into effect 19 May. Cabinet reshuffle 22 May saw pro-reform foreign minister take over finance and media ministries, with former finance minister moving to foreign ministry. Cabinet 2 May approved long-delayed national reconciliation policy, published 9 May, which endorsed principle of “power-sharing as the means of reaching a political settlement ... [to address] the grievances and aspirations of all communities”. Late May rains brought major flooding to south west of island, with half a million people affected, more than 200 killed; govt criticised for lack of preparedness and disjointed relief efforts.
Public discontent with national unity govt rising amid serious drought and administrative inefficiencies. Collapse of large garbage dump in Colombo suburb on New Year’s day 14 April, killing over 30 and destroying over 100 houses, prompted widespread criticism of govt for ignoring warnings. Hopes for constitutional reform remained dim: reports emerged 11 April saying Sri Lanka Freedom Party (SLFP) informed Constitutional Assembly steering committee that it opposed any changes to constitution requiring referendum, suggesting President Sirisena has made little progress in persuading SLFP ministers to support new constitution. Protests on land and disappearances continued in Tamil majority north, with military agreeing to further modest land releases. Army 7 April returned 29 acres to owners in Valikamam, Jaffna; officials reportedly claimed another 5,250 acres still held by military in Jaffna alone. At 24 April meeting with govt ministers and Tamil politicians, Navy agreed initial release of 40 acres surrounding Catholic church in Mullikulam; 600 additional acres of agricultural land expected to be released in coming months. European Parliament 27 April defeated resolution to block Sri Lanka regaining EU GSP+ tariff benefits, virtually guaranteeing GSP+ renewal on 15 May. Following mid-April visit to Sri Lanka of EU MPs and letter from delegation to PM outlining steps still needed to meet human rights requirements before 15 May deadline, cabinet 25 April approved framework for Counter Terrorism Act, designed to replace Prevention of Terrorism Act, and amendment to Criminal Procedure Code. Human rights advocates criticised draft laws for broad definition of terrorism and range of clauses liable to abuse, and for being shared with EU but not with local population.
UN human rights chief 3 March issued report on Sri Lanka’s implementation of Oct 2015 UN Human Rights Council (HRC) Resolution 30/1, criticised slow progress on post-war reconciliation and justice; repeated call for hybrid court and argument for specialised court to deal with system crimes, supported by international practitioners. President Sirisena 4 March said he had “backbone” to reject UN requests to invite foreign judges for investigation. HRC session 22-24 March passed resolution giving govt additional two years to fulfil its commitments; imposed no additional requirements that rights groups had called for. Tamil groups particularly angry, many calling for referral to International Criminal Court. Pro-reform civil society groups began campaigning in support of new constitution despite lack of agreement among negotiators. Ex-President Rajapaksa 13 March denounced govt plans for new constitution as “traitorous” and “anti-Sinhala”; FM 15 March criticised Rajapaksa’s text as deliberately inaccurate, defended govt’s plans for transitional justice and constitutional and legal reforms as in national interest, not product of international pressure. Police 20 March reported to court testimony from former army commander Sarath Fonseka alleging then-Defence Secretary Gotabaya Rajapaksa oversaw military death squad responsible for 2009 murder of editor Lasantha Wickrematunge and other attacks on journalists; Rajapaksa denies charges. Protests on land and disappearances continued throughout Tamil-majority north, adding to pressure on Tamil National Alliance (TNA) leadership. In Kepapilavu division, families remain camped outside army base built on their land, despite return of some 40 acres 4 March following direct appeal to president by TNA leader Sampanthan. TNA announced govt promise more land would be released over next few months. Following country visit by delegation, IMF 7 March reported “mixed” macroeconomic performance, with uptick in inflation and worrying fall in international currency reserves, uneven progress on implementing reforms; visit came amid severe drought causing rising food prices.
President Sirisena continued to struggle to win support of his own Sri Lanka Freedom Party (SLFP) on constitutional reform; requested Constitutional Assembly (CA) steering committee draft new, shorter version of its interim report containing key elements of new constitution. After meeting consultation task force on reconciliation mechanisms 30 Jan, Sirisena reportedly confirmed transitional justice will not be pursued until after completion of constitutional reforms process. FM 7 Feb argued new constitution would be “most potent weapon for non-recurrence” of conflict and will be prioritised over accountability. FM 28 Feb told UN Human Rights Council a draft law for “Truth-Seeking Commission” would be presented to cabinet within next two months. European Parliament’s international trade committee began consideration of European Commission’s recommendation to grant GSP+ trade benefits to Sri Lankan; decision due by mid-May. Govt took some potentially positive steps on repeal of controversial Prevention of Terrorism Act (PTA), including Right to Information Act, which became operational 3 Feb, and formally gazetting draft law criminalising enforced disappearances 9 Feb. Police 18-19 Feb arrested five military intelligence officers for 2008 abduction and beating of journalist; later told court same hit squad responsible for 2009 murder of editor Lasantha Wickrematunga, with police reported to believe they acted under orders of then-defence secretary Gotabaya Rajapaksa. Tamil majority north and east saw wave of protest, including demanding return of land built on by army in Kepapilavu and action on missing persons, and “Tamils, Rise” demonstration demanding inter alia federal constitution. Under increasing pressure, Tamil National Alliance (TNA) leader 23 Feb told parliament issues of land, detainees, missing persons and reparation needed to be addressed urgently if current peace to last.
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