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Parliament again postponed debate on Constitutional Assembly steering committee report that would outline proposed new constitution, now scheduled 23 Feb. Sri Lanka Freedom Party (SLFP) ministers continued to state positions including on devolution at odds with those of United National Party (UNP), President Sirisena and leadership of Tamil National Alliance (TNA). SLFP ministers also announced support for Sirisena to run for second term in 2020, despite his repeated claims he will serve only one term. Consultations Task Force (CTF), charged with national consultations on reconciliation and transitional justice, 3 Jan released 700-page report based on over 7,000 submissions from across island, with recommendations for all four promised transitional justice “mechanisms”: office of missing persons, office of reparations, truth commission and special court. Neither president nor PM attended launch. Cabinet spokesperson 4 Jan rejected CTF recommendation to include at least one foreign judge on each special court trial; justice minister 5 Jan stated he had “no confidence” in report, rejecting it as work of NGOs. In 11 Jan speech in London, FM Mangala Samaraweera announced govt’s intention to negotiate “technical rollover” resolution at March UN Human Rights Council (HRC), which would extend terms of current resolution for additional period; also announced law to establish “truth seeking commission” would be finalised in time to be presented to HRC. European Commission 11 Jan announced support for renewal of GSP+ trade benefits to Sri Lanka; stressed need for Sri Lanka to demonstrate further progress on implementing 27 human rights conventions, particularly need to make anti-terrorism legislation consistent with International Covenant on Civil and Political Rights. Cabinet 10 Jan reportedly approved revised draft of proposed Counter Terrorism Act, designed to replace Prevention of Terrorism Act (PTA); reportedly removes several repressive clauses but leaves definition of terrorism broad. UN Special Rapporteur on Torture released report 23 Jan noting “total impunity” and a “culture of torture” in the police and recommending govt repeal PTA and review draft legislation to replace it.
Progress on new constitution further delayed: first full parliamentary debate on Constitutional Assembly (CA) subcommittee reports postponed to 9-11 Jan, also release of interim report of CA’s steering committee. Senior Sri Lanka Freedom Party (SLFP) leaders 9 Dec announced party would support devolution only within current unitary state, opposed any constitutional changes requiring referendum; United National Party (UNP) same day passed resolution endorsing need for referendum, reiterating support for “maximum devolution within a unitary state”. Both positions at odds with subcommittee reports and positions of Tamil National Alliance (TNA). Transitional justice mechanisms also met with delays: legal steps needed to establish Office of Missing Persons not taken; scheduled 21 Dec meeting to deliver report of transitional justice consultations task force to president and PM postponed until early 2017. In 26 Nov speech to SLFP President Sirisena announced he would write to U.S. President-elect Trump with request to “free” country from continued UN oversight on war crimes allegations. UN Committee on Torture (UNCAT) issued strong “conclusions” 7 Dec: said torture in Sri Lanka “routine”, criticised continued use of Prevention of Terrorism Act (PTA) and near complete impunity for torture and other serious rights violations. Surprise 23 Dec High Court acquittal of six accused in 2006 murder of Tamil National Alliance MP Nadarajah Raviraj dealt further blow to hopes for accountability for war-time crimes. Uptick in incidents of racial and religious intolerance continued: hard-line head of Batticaloa Buddhist temple Ampitiye Sumanarathana Thera, believed to be coordinating with Rajapaksa-led opposition, continued agitations to settle Sinhalese illegally in Tamil district. Plans for major rally in Batticaloa 3 Dec, designed to link up with Buddhist Bodu Bala Sena (BBS) march, blocked by court order. Justice minister met BBS leader and Sumanarathana Thera 21 Dec to discuss monks’ concerns.
Despite progress on constitutional reform, unity govt faced increasing strains. 2017 budget passed 18 Nov on second reading with more than two-thirds majority, yet relations between United National Party (UNP) and Sri Lanka Freedom Party (SLFP) remained tense after parliamentary Committee on Public Enterprise (COPE) 28 Oct issued report directly implicating former Central Bank Governor and ally of PM Wickremesinghe in allegedly illegal bond issue. Amid growing reports of corruption among UNP ministers, President Sirisena promised investigation into treasury bonds; PM referred report to Attorney General. Parliament constitutional assembly sub-committee reports published; extensive proposals for reform include bill of rights and expanded provincial powers; full assembly debate in Jan. Doubts on govt commitment to transitional justice and human rights reforms deepened. President Sirisena 26 Nov announced he was writing to U.S. president-elect Trump with request to free country of accusations of military war crimes. UN experts, foreign ministry officials expressed serious human rights concerns on draft Counter Terrorism Act (CTA) law during discussions with govt 9-10 Nov. UN Committee Against Terrorism 15-16 Nov challenged govt delegation on lack of action against torture. Following 25 Oct sword attack on two police officers, claimed by previously unknown “Aava” group, security officials reportedly arrested over two dozen people under contentious Prevention of Terrorism Act (PTA); govt 17 Nov reiterated promise to cease arrests under PTA. Ethnic and religious tensions rose with upsurge of activity of militant Buddhist groups. Colombo police 15 Nov arrested Sinhala Buddhist activist for publicly threatening to bomb Muslims; police 16 Nov arrested outspoken leader of Salafist Sri Lanka Tawheed Jamaat (SLTJ), following threats by militant Buddhist group Bodu Bala Sena (BBS) leader Gnanasara Thera to kill Colombo Muslims if SLTJ secretary not arrested. BBS 19 Nov held largest rally in over a year to denounce “Muslim threat”. Justice Minister 22 Nov held surprise meeting with BBS leaders to discuss measures to avoid religious tensions.
Series of contentious incidents throughout month amplified domestic concern over govt’s commitment to human rights, transitional justice and governance reform. President Sirisena 12 Oct publicly accused Commission to Investigate Allegations of Bribery and Corruption (CIABOC) and police’s Financial Crimes Investigation Division (FCID) of political bias; expressed “displeasure and disgust” at corruption charges brought against former defence secretary Gotabhaya Rajapaksa and former navy commanders, criticised remand detention of military personnel as suspects in murder cases (some released on bail later in month) and vowed never to “weaken” military; Sirisena repeated strong defence of military 27 Oct, attacking NGO and media criticism of his national security policies. Following 12 Oct speech, Senior United National Party (UNP) officials led by PM Wickremesinghe met with Sirisena, announced president and PM would head new committee to manage controversial policy issues including investigations, economy and transitional justice. CIABOC head Dilrukshi Wickremasinghe resigned 17 Oct, strongly rejecting president’s allegations. Local media and human rights defenders criticised draft counter-terrorism law extending definition of “terrorism” to include “unlawfully compelling the [govt]… to reverse, vary or change a policy decision” was leaked 16 Oct. Law also prohibits any speech that may cause “harm to the unity, territorial integrity or sovereignty of Sri Lanka”. Despite domestic criticism, European Council president 18 Oct welcomed PM Wickremesinghe in Brussels, commended govt’s human rights efforts and pledged support for Sri Lanka to regain EU General System of Preference Plus (GSP+) trade benefits, withdrawn in 2010. European Parliament delegation arrived in Colombo 30 Oct for four day visit with GSP+ focus. Parliamentary committee 28 Oct released report into alleged fraud in Feb 2015 Treasury Bond issue; majority of committee found former Central Bank governor responsible for loss-making transaction, recommended legal action. Amid escalating ethnic tensions, nationwide protests broke out 24 Oct after police shot dead two Tamil university students in Jaffna. Large protests by students blocked roads in north and shut down university; calls for independent investigation backed by students and activists in south. 25 Oct sword attack on two police by Jaffna criminal gang further raised tensions. UN special rapporteur on minority issues 20 Oct concluded ten-day visit to Colombo; urged govt to take “urgent, important and concrete measures” including establishment of Independent Commission on Minorities to demonstrate commitment to minority rights protection. Parliament approved controversial VAT increase 26 Oct.
During first visit to country since 2009, UNSG Ban 1 Sept commended govt on peacebuilding and reconciliation measures, while calling on it to reduce military presence in north and east to help build confidence among minority Tamils. Sinhala nationalist groups protested Ban’s visit, carrying placards in support of military victory against Liberation Tigers of Tamil Eelam (LTTE). UN Working Group on Enforced and Involuntary Disappearances 15 Sept welcomed govt’s openness to international engagement, urged govt “to make clear progress in the justice area, including in terms of the international involvement in the accountability process”; govt said it is drafting legislation to incorporate International Convention on Protection of All Persons from Enforced Disappearance into domestic law, also said report by countrywide Consultation Task Force (CTF) on transitional justice will be presented mid-Oct. Estimated 10,000-15,000 Tamils, including Northern Chief Minister C.V Wingeswaran, rallied in Jaffna 24 Sept to demand end to “Sinhalisation” of north, federal constitution and international investigation into alleged genocide; criticised Tamil National Alliance engagement with govt. More than twenty Tamil long-term political prisoners began hunger strike 21 Sept, demanding their release; govt same day announced 23 other detainees to be sent for six-month period of “rehabilitation” prior to release. President Sirisena 22 Sept met with U.S. Sec State Kerry, who called for “meaningful reconciliation and justice” in Sri Lanka, and “expressed confidence that govt will fulfil its international commitments”. Former Defence Secretary Gotabaya Rajapaksa and six others released on bail after appearing in Colombo court 30 Sept on corruption charges.
Parliament 11 Aug passed bill on establishment of Office of Missing Persons (OMP) to investigate cases of enforced disappearance. Civil society activists criticised govt for absence of formal consultations with victims of conflict; families of missing persons 18 Aug staged protest in north demanding OMP be based in conflict-affected areas. Govt responded to protests confirming OMP local offices would be set up in conflict-affected parts of N and E. Zonal Task Forces (ZTF) comprised of local civil society organisations held public consultations on transitional justice across country during month; some participants in N and E reported intimidation and threats from military, one man allegedly tortured for testifying to ZTF in NW town Mannar. Govt pledged additional security to participants. Tamil National Alliance (TNA) politicians, including Northern Provincial Council (NPC) chief minister, claim that 107 former LTTE cadres had died from possible poisoning in govt rehabilitation centres. State Minister of Defence Ruwan Wijewardene criticised Tamil politicians for falsely accusing military, while cabinet spokesperson 10 Aug said govt would investigate allegations. In 15-16 Aug meeting in Geneva, UN Committee on Elimination of Racial Discrimination urged Sri Lanka to improve protection of ethnic and religious minorities following reports of continuing human rights violations against Muslims and Tamils of Indian origin. UNSG Ban began three-day visit 31 Aug. Gotabaya Rajapaksa, former defence secretary and brother of former President Mahinda Rajapaksa, charged with corruption 31 Aug over alleged illegal transfer of state-owned weapons.
President Sirisena early July called meeting to review PM Wickremasinghe’s decision to increase VAT and Nation Building Tax (NBT); following petition by opposition parliamentarians, Supreme Court 11 July ordered suspension of tax hike, on grounds that it was implemented without parliamentary vote and therefore unconstitutional. Opposition parties exploited controversial tax policies with small but disruptive protests across country through July. Sirisena 30 July announced coalition govt will remain in place for five years, not two years as initially agreed. Son of former President Rajapaksa arrested 11 July over allegations of financial misappropriation. FM Samaraweera, upon returning from June UN Human Rights Council (HRC) session, told media that special accountability court and truth commission will be finalised by 2017. Visiting U.S. delegation 12 July commended govt on efforts to implement HRC resolution to investigate violations of international law during final stages of civil war, stressed need for wider public consultations; U.S. also pledged to support Sri Lanka’s economic development if Colombo honoured its human rights commitments. On 15 July, in potentially significant step toward justice for past human rights violations, local court in northern town Mullaitivu requested military provide list of persons who surrendered to them at end of conflict in 2009. In another positive move, police arrested intelligence officer for 2009 killing of newspaper editor and govt critic Lasantha Wickrematunge.
UN Human Rights Chief’s 29 June report to UNHRC noted some important steps by govt to implement 2015 HRC resolution but called for faster progress on range of concerns, including releasing Tamil detainees, returning military-held land, asserting control over military and intelligence establishment and dismantling structures enabling abuses; reiterated importance of international involvement in accountability mechanism. Amid waning public confidence, govt took some positive steps on accountability, rule of law and transitional justice: Parliament 24 June unanimously approved long-awaited Right to Information Act; Inspector General of Police 18 June ordered disciplinary action against head of police Special Task Force (STF) for public threatening of journalists 17 June; president 17 June issued new directives to police and armed forces on arrest and detention of persons on terrorism related charges; task force for consultations on transitional justice mechanisms mid-June began public hearings, met military officials, religious and other civil society representatives. Opposition and activists criticised govt for lack of public consultation prior to 27 May publication of Office on Missing Persons draft law, presented to parliament 22 June. Tamil National Alliance (TNA) leaders 13 June criticised govt decision not to include foreign judges in promised special court. Defence Secretary 13 June announced much-criticised Prevention of Terrorism Act (PTA) will be replaced with national security act, prevention of organised crime act and intelligence act. Responding to pressure from civil society and cabinet members, PM agreed Central Bank governor Arjuna Mahendran not be reappointed until conclusion of parliamentary investigations into corruption charges; no interim governor named as expected 30 June following disagreement between PM and president.
Commemoration of seventh anniversary of end of war 18 May overshadowed by heavy rains that led to massive flooding and landslides; more than 100 believed dead, some 400,000 displaced. Constitutional assembly steering committee 4 May established six subcommittees; public representations committee presented report to PM 10 May, publication date uncertain; unofficial negotiations on issues including electoral reform and devolution of power continued. Ahead of June session of UN Human Rights Council, govt appeared close to publicising plan for Office of Missing Persons (OMP), approved by cabinet 24 May. UN special rapporteurs on torture Juan Mendez and on judicial independence Monica Pinto made joint visit 29 April-7 May: Mendez found evidence of continued widespread torture of Prevention of Terrorism Act detainees and regular prisoners and inhumane conditions in prisons; Pinto pointed to serious systemic problems in judicial system, proposed reforms. Arrests of suspected and ex-LTTE members continued in north and east early May. Amid rising public concern about lack of action on corruption and criminality under former govt, cabinet 17 May rejected proposal submitted by four ministers requesting update on progress of investigations. Police financial crimes investigation division 12 May arrested Basil Rajapaksa, brother of former President Mahinda Rajapaksa and previously minister of economic development in latter’s govt, over land deal allegedly involving money laundering. Second senior police official arrested 23 May, suspected of suppressing evidence in murder case to protect members of Rajapaksa govt.
First parliamentary steering committee meeting overseeing drafting of new constitution held 5 April, chaired by PM Wickremesinghe. President Sirisena continued moves to strengthen hold over Sri Lanka Freedom Party (SLFP) including appointing two additional deputy ministers and new state minister 6 April and new party organisers 28 April. Constitutional council 18 April voted to appoint Senior Deputy Inspector of Police Pujith Jayasundara as new inspector general, who promised strengthened investigations into alleged crimes under previous govt. More than a dozen ex-Liberation Tigers of Tamil Eelam (LTTE) combatants and other Tamils arrested throughout month following late March discovery of hidden explosives in Jaffna; seizure of some suspects in unmarked white vans raised fears of abductions. District-level Tamil govt officials 10 April reportedly attacked by Sinhalese fisherman in Mullaitivu and subsequently detained by Sinhalese troops. Amid worsening economic situation, government 29 April finalised agreement with IMF for $1.5bn three year financial support; govt 15 April confirmed VAT increase to take effect 2 May. During three-day visit to Beijing, PM announced 7 April decision to restart $1.4bn Chinese-funded and owned “Colombo Port City” project, and expansion of other Rajapaksa-era Chinese-led projects previously criticised by Sirisena and Wickremesinghe. U.S. State Dept’s Country Report on Human Rights in 2015, released 13 April, reported harassment of activists, journalists and alleged sympathisers of the LTTE, in addition to arbitrary arrests and detention, torture, and rape committed by police and security forces.
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