Thursday, 28 March 2024
A step closer to transitional justice, reconciliation

A step closer to transitional justice, reconciliation

The Australian Advocacy for Good Governance in Sri Lanka (AAGGSL) says it welcomes the passing of the Office of Missing Persons Bill last week in the Sri Lanka Parliament.   

Large number of disappearances and extrajudicial execution occurred since the introduction of the PTA in 1979 and continued even after the end of war. It is our hope that the new legislation will help address many deficiencies that contributed to the thousands of disappearances in the past, it says in a statement.

Members of the security forces, paramilitary forces allied with the government and various armed groups committed serious human right abuses with impunity, and all communities suffered immensely under a culture of surveillance, abduction and disappearance. The OMP Bill, if implemented faithfully, can pave the way for the transitional justice process committed by the present government in the UNHRC Resolution 30/1.

The International Convention for the Protection of All Persons from Enforced Disappearance states that each State Party shall:

·           Guarantee to any person with a legitimate interest – access to information in the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the remains. (Article 18.1.g).

·           Ensure in its legal system that the victims of enforced disappearance have the right to obtain reparation and prompt, fair and adequate compensation. (Article 24.4).

With Sri Lanka as a State Party to the Convention, the passing of the OMP Bill with the broad support of the National Government shows the country’s willingness to abide by international law on basic freedoms and human rights.

The scale of State sanctioned disappearances throughout the long drawn-out war and during the JVP insurgency in 1987-89 is startling. And the victims’ families deserve redress speedily.

With the Office of The Missing Person not bound by the Right to Information Act and its members to interact with family members to locate the missing persons, the OMP Bill should be seen as a step in the right direction and a potential deterrence to similar abhorrent acts in the future.

As the Foreign Minister Mangala Samaraweera stated in the Parliament, it is time “to come to terms with the tragedies of the past”. Investigations should not only serve transitional justice to the victims and their families, but also cause sufficient awareness to initiate a public campaign to guarantee non-recurrence.

The momentum created is ripe to press ahead with a ‘victim centered’ Truth Seeking Commission. We urge the Government of Sri Lanka to resolutely face the challenges in providing redress to the victims, and unflinchingly pursue the course of meaningful reconciliation and Good Governance, the statement adds.

 

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