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Alleged war crimes: Parliament has final say in inviting foreign judges -Harsha

Saturday, February 13, 2016

Parliament has the final say whether it be to invite foreign judges for a domestic judicial mechanism to investigate into the alleged war crimes or not, Foreign Affairs Deputy Minister Dr Harsha de Silva said.

He was replying to a supplementary question raised by UPFA MP Udaya Gammanpila. Gammanpila queried as to whether the Government had come under any international pressure to include foreign judges in the proposed court to investigate alleged war crimes.

The Deputy Minister said various requests and demands come from various people from all over the world, but the Government is not bound to fulfill all of them. "It is our sovereign right to design the mechanism the way we want. It is this Parliament which could provide the final answer as to how this mechanism should be," he said.

He further said the final contours of the domestic judicial mechanism would be decided after the consultation process is completed. He rejected the claim that a team of delegates including a TNA MP who met the Australian Foreign Affairs Minister had made a request to send Australian judges to serve in the special Court to be established in Sri Lanka to investigate the alleged war crimes.

Responding to another question by Gammanpila whether Rev. S.J. Emmanuel, Chairman of the Global Tamil Forum (GTF) had been invited by the President to visit Sri Lanka, the Deputy Minister said the President and the Government have publicly invited all Sri Lankans living abroad to take part in the development process of Sri Lanka.

The Deputy Minister commenting on the lift of the ban on the GTF, said it was done after a review process of the Competent Authority. "According to criteria accepted by all stakeholders, it was decided to delist the GTF along with seven other organizations," he said.

The Deputy Minister quoting the LLRC report, said it recommended the Government "to be proactive in encouraging and supporting the work of expatriates who do not advocate the discarded LTTE ideology of violence and separation and who espouses the democratic principles of ethnic harmony and consensual politics."

"In keeping with the principles of the new Government to promote reconciliation and engagement with the diaspora, a review of the list was conducted to consider the lifting of the ban on these groups, entities and individuals, as there was no evidence available if any crimes or terrorism financing activities have been committed either in Sri Lanka or overseas during the past three years. After the election of the new Government in January 2015, GTF pledged its support to the Government of Sri Lanka in finding solutions for issues relating to Sri Lankan Tamils and praised the steps taken to create an environment where Tamils could live in peace and harmony," he said.

MP Gammanpila complained that his questions were not properly replied to by the answers provided by the Deputy Minister, adding that there was no point in raising questions if the Government continued to dodge such questions.


Pension scheme for widows of disappeared persons - Vajira

Home Affairs Minister Vajira Abeywardena told Parliament yesterday, that the government was in the process of issuing a Certificate of Absence for those who had disappeared during the last few years due to a variety of reasons.

The people, specially youth had disappeared during the conflict in the North and East, the 88/89 and 1971 insurgencies and during various times.

He said it had been revealed that over 20,000 persons have gone missing during the recent times and there was no legal provisions to issue a death certificates for the missing persons. The government is planning to issue certificates of absence to those persons and the approval of the Cabinet had been received to this project. This system is currently being implemented in various other countries such as Belgium, Argentina and Switzerland. New legislation would be introduced soon for this purpose and the draft bill is being prepared at the Legal Draftsman's Department.

The minister said that the spouse and children could produce the Certificate of Absence and be entitled for a pension and other benefits received by the widows of the dead. If the missing person returns after his family members had obtained pensions entitled from the Widows and Orphans Pensions Fund, the payment would be discontinued thereafter. We are now discussing steps that should be taken if the disappeared persons return alive after the Certificate of Absence had been issued.

The minister said so while speaking during the debate on the Private Member motion presented by UNP Matara District MP Buddhika Pathirana. His motion sought a resolution of Parliament that immediate investigations be carried out to find out whether the persons who disappeared due to various reasons during the past period of about three decades of war in the North and East are still alive or not and if they are not alive, death certificates should be issued for them.


Three day workshop

Speaker Karu Jayasuriya yesterday informed Parliament that a three-day workshop had been organized for all MPs to introduce the "Sectoral Oversight Committees."

The Sectoral Oversight Committees is a new procedure to be adopted in the Sri Lankan Parliament. The Speaker said the workshop would be conducted with the help of several foreign experts. The workshop would be held from February 15 to 17 from 9am to 4pm at a Committee Room in the Parliamentary Complex.

The Speaker invited all MPs to attend the workshop and actively participate in it.

Parliament is also to introduce 16 Sectoral Oversight Committees and these committees are empowered to examine all Bills, Resolutions, Treaties, Reports and other matters relating to subjects within their jurisdiction before being considered by Parliament.

The sixteen committees include: Economic Development, International Relations, National Security, Sustainable Development and Environment and Natural Resources, Women and Gender, Education and Human Resources

Development, Health, Human Welfare and Social Empowerment, Transport and Communication, Agriculture and Lands, Legal Affairs (anti-corruption) and Media, Youth, Sports, Arts and Heritage, Business and Commerce, Energy, Manufacturing and Services, Internal Administration and Public Management and Reconciliation and North and East Reconstruction.


'Advanced technology for Met. Department'

Parliament Reforms and Mass Media Minister Gayantha Karunatilleke said in Parliament yesterday, that additional human resources and advanced technological equipment would be provided to the Meteorological Department, while a sum of Rs.1,975 million had been allocated for the purpose.

The minister said so in response to an oral question raised by UNP MP Buddhika Pathirana.

With these equipment, the Met. Department would be able to provide more accurate predictions on weather conditions in future. Among the equipment provided would be a numerical weather prediction suite, data collection quality and archival system, automatic weather system, lightening detection system, radio sound system, message switching system and a wind pro filer system


'Those opposing singing of National Anthem in Tamil are separatists'

Those who are opposed to the singing of the National Anthem in Tamil are the very people who actually attempt to divide the country, National Dialogue Minister Mano Ganeshan said in Parliament yesterday.

He was joining in the debate on a private member's motion moved by MP Douglas Devananda on the restoration of war-ruined sites.

The minister said the Government would not allow any group to instigate racism for narrow political gains. "The government will not allow attempts to unleash racism or to harass minority communities for political motives," he said.

"Roads, buildings and bridges could be constructed, but what is more important is to unite the hearts and minds of the people. The trust in the minds of the people should be re-established. We, despite being Sinhala, Tamil or Muslim, have committed mistakes during the past. We have to recognize them in order to correct them. Introspection is essential to move forward. A section of the Tamils in the North and the East struggled for a separate state in the past and they have also created a separate flag and an anthem. Today, Tamils have given up those ideas and lined up under Sri Lankan national flag. We need to commend this type of nationalism that unites the entire country," he said.

The minister while observing that the Tamil version of the National Anthem contained the same meaning, said real separatists are those who oppose this move.

He also objected to the celebration of the war victory, adding that it reminded the loss of lives and brought grief to war victims. "Reminding the brutality of war repeatedly could not be accepted," he said.


Fisheries and Aquatic Resources Bill passed with amendments

The Fisheries and Aquatic Resources (Amendment) Bill was unanimously passed in Parliament yesterday, without a debate and with amendments.

Leader of the House and Higher Education and Highways Minister Lakshman Kiriella presenting the Bill said the Bill is aimed at levying heavy penalties on those who fish outside Sri Lanka's territorial waters.

Accordingly, fines have been increased on fishing boats ranging from 24 meters to 45 meters in length to Rs. 25 million, while boats ranging from 45 meters to 75 meters in length, have been increased to Rs.50 million while the length of fishing boats exceeding 75 meters, the fine was increased to Rs.100 million.

The EU submitted the road map and called on Sri Lanka to implement it and address the remaining shortcomings in the fisheries sector in 2012.

But this was neglected by the previous government which resulted in a loss of fish exports to the EU. The new government has formulated a new road map on the recommendations of the EU and it was presented to Parliament today for approval.

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