HRCSL Chairman Dr. Jagath Balasuriya addressing civil society representatives (pic courtesy HRCSL) 

HRCSL-civil society powwow 

By Shamindra Ferdinando 

A civil society group has raised the issue of the detention of persons arrested during the conflict and post-war period in terms of the Prevention of Terrorism Act (PTA) with the newly constituted Human Rights Commission of Sri Lanka (HRCSL). Sri Lanka brought the war to a successful conclusion in May 2009. 

Most of the suspects had fought for the LTTE and some had engaged in clandestine terror missions in the South, including political assassinations, former Justice Minister Dr. Wijeyadasa Rajapakse, MP said. During his tenure as the Justice Minister, he insisted that there were no political prisoners or secret detention camps in the country. SLPP MP Rajapakse yesterday (22) emphasised that the current situation in the country couldn’t be compared with what was under the yahapalana administration. The change of government in Nov 2019 had completely changed the situation, the MP said.

The discussion at the HRCSL office took place on June 8 on the invitation of Dr. Jagath Balasuriya, Chairperson, HRCSL.  

Appreciating an opportunity received by the civil society to make representations, Dr. Jehan Perera, Executive Director of the National Peace Council told The Island several issues, including the imprisonment of persons under the PTA and difficulties in obtaining bail for them, torture, the killing of persons in police custody, arrest of web journalists, the abuse of the ICCPR (International Covenant on Civil and Political Rights) Act, which provides for arrest without bail, surveillance of civil society groups and the exploitation of Free Trade Zone workers during the pandemic. The issue of arrests made in the wake of the Easter Sunday attacks was also raised.  

Dr. Perera underscored the importance of a dialogue between the civil society and the HRCSL though they might not be agreeing on many contentious issues.  

The first meeting between the HRCSL and the civil society took place after the Samagi Jana Balavegaya (SJB) questioned the rationale behind the appointment of former Cabinet Minister Balasuriya as the HRCSL Chairperson. Would Balasuriya, whose son Tharaka represented the SLPP in Parliament be able to genuinely address human rights issues, asked SJB lawmaker Mujibur Rahman. President Gotabaya Rajapaksa, in late Dec 2020, appointed the HRCSL comprising Jagath Balasuriya, Dr. M. H. Nimal Karunasiri, Dr. Vijitha Nanayakkara, Ms. Anusuya Shanmuganathan and H. K. Navaratne Weraduwa.  

Dr. Deepika Udagama served as the previous head of the HRCSL.  

Dr. Perera said that they had received an assurance from the HRCSL that the issues raised by the civil society had been taken up with the government. He quoted HRCSL members as having said that they expected a positive response from the government. 

Dr. Perera said that during the discussion, the HRCSL had referred to reforming of the PTA and the issues raised by families of missing persons and persons suffering from prolonged periods of detention without recourse to judicial processes. “They also explained how they had set about strengthening the administration of the HRCSL such as clearing the backlog of cases and empowering officials who had been given acting appointments and making them permanent,” Dr. Perera said. 

In his brief address to the gathering, Dr. Balasuriya assured that the HRCSL would act independently though being appointed by the President. Appealing to those present to trust the HRCSL, Dr. Balasuriya assured the civil society they would use their positions to protect and uphold human rights in the country.  

Pointing out that the civil society had a positive engagement with the HRCSL, Dr. Perera said that the recent Court of Appeal decision in the Shani Abeysekera case had given them confidence that the HRCSL would act in a similar spirit to uphold the truth, the rule of law and human rights for the good of the country and all its people. 

Dr. Perera said that the HRCSL intended to conduct separate meetings with small groups of activists due to the continuing threat posed by the raging Covid-19 epidemic. The second meeting scheduled for yesterday (22) was postponed.

The HRCSL has begun meeting civil society organisations. 

Nihal Chandrasiri, Director – Research & Monitoring (Actg.), HRCSL said that talks with national level groups had been initiated as they could not hold the planned two-day national workshop with the participation of the representatives of regional and national-level civil society organisations in May 2021. 

Those present at the June 8 meeting were Dr. Jehan Perera (National Peace Council), Attorney-at-law Lakshan Dias and Philip Dissanayake (Right to Life Human Rights Centre), Chamila Thushari (Dabindu Collective), Prabodha Rathnayake (Rights Now), Ms. Ranitha Gnanarajah (Centre for Human Rights & Development), and Rev. Fr. Mahendra Gunatilleke (Caritas Sri Lanka – SEDEC).  

The HRCSL was represented by Dr. Jagath Balasuriya, Commissioners Harsha Nawaratne, Anusuya Shanmuganathan, Nimal Karunasiri, Mrs. Hema Dharmawardena – Additional Secretary, HRCSL,  Nihal Chandrasiri, Director – Research & Monitoring (Actg.), Mrs. Menaka Herath – Director- Education & Special Programmes, HRCSL, and Ms. Sulari Liyanagama, Director – Inquiries & Investigations (Actg.).  

The Island could not clarify matters relating to the actual number of people held under PTA according to information available with the HRCSL as its spokesperson Nihal Chandrasiri did not answer his phone.  

Rev. Fr. Mahendra Gunatilleke, in his presentation, raised the issues pertaining to the 2019 Easter Sunday attacks. The Church representative pointed out the inordinate delay in bringing those responsible for heinous crimes before justice. The Rev Father expressed concerns over the situation against the backdrop of the Catholic Church pressuring the government to take punitive measures and implement the Presidential Commission of Inquiry report on the Easter Sunday carnage.