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Universal jurisdiction: Manohara asks whether US visa refusal aimed at Gotabaya’s arrest
By Shamindra Ferdinando
Manohara de Silva, PC, says the rejection by the US of a visa application by Gotabaya Rajapaksa towards the tail end of the latter’s presidential term may allow Western powers to arrest him in terms of the Geneva Resolution.
The President’s Counsel emphasised that the Geneva Resolution authorised universal jurisdiction by accepting the report of the UN High Commissioner for Human Rights on Sri Lanka. The High Commissioner conducted that investigation, in terms of the Geneva Resolution (A/HRC/25/1), adopted in Match 2014.
Sri Lanka co-sponsored Geneva Resolution on Oct 01, 2015, brought in by the US. The UNHRC consists of 47 countries, divided into five zones.Responding to The Island queries, de Silva said the possibility of Western powers moving against the wartime Defence Secretary couldn’t be ruled out, especially against the backdrop of declaration in the House of Commons that the ex-President should be arrested.
Sir Ed Davey, leader of the Liberal Democrats, last week told the House of Commons that an international arrest warrant should be issued in respect of Gotabaya Rajapaksa and his cronies.Scottish National Party MP Alyn Smith told the House of Commons that though the President had fled Sri Lanka, he couldn’t flee accountability. Smith asked the UK Minister for Asia and the Middle East, Amanda Milling, whether she agreed that the President, and those officials who had been complicit in acts of humanitarian abuses, would and must be held accountable, and would the UK contribute to those international efforts?”
Sri Lanka brought the war to a successful conclusion on the banks of the Nanthikadal lagoon on the morning of 19 May 2009.De Silva, who was a member of the expert team that prepared a new draft Constitution, said the US might have one if its allies carry out the arrest. President Rajapaksa left the country in an SLAF plane for the Maldives, less than 24 hours after protesters overran the President’s House, and from there flew to Singapore, from where he sent his letter of resignation, through the Sri Lankan mission in Singapore.
Rajapaksa relinquished his US citizenship ahead of the last presidential election, in Nov 2019. The 19th Amendment to the Constitution barred foreign passport holders from contesting either presidential or parliamentary polls.
India also categorically denied having any role in facilitating the departure, or travel, of former President Gotabaya Rajapaksa from Sri Lanka.De Silva said that whatever the political differences, the vast majority of people certainly didn’t want the West to prosecute political leaders, and the military, under any circumstances.
Responding to another query, the top lawyer said that actually political parties represented in Parliament and other stakeholders should explain their stand on the contentious issue at hand.Since Sri Lanka co-sponsored the Geneva Resolution, eight years ago, the US and Australia denied visas to several top officers, both serving and retired. Among them were Field Marshal Sarath Fonseka (US/retired), Maj. Gen. Udaya Perera (US/retired) and Maj. Gen. Chagie Gallage (Australia/serving). The US also blacklisted General Shavendra Silva in Feb 2020.
De Silva said that Sri Lanka should, at least now, rethink its response to the Geneva threat. Those who had been in political authority, particularly since Nov 2019 till 09 July 2022, should be ashamed that Lord Naseby’s disclosures, pertaining to unsubstantiated war crimes accusations, were never properly used to counter lies propagated by interested parties, de Silva added.
SLPP lawmaker Rear Admiral Sarath Weerasekera said that the government should address the issue without delay. Western powers could exploit the ex-President predicament to humiliate Sri Lanka, experiencing a severe financial-political-social crisis, the former Public Security Minister told The Island.
The Colombo District MP said that the previous leadership neglected the accountability issue. The government’s failure to do so has now created an environment conducive for interested parties to go after top political and military leaders, Weerasekera said. Parliament, too, should look into this matter, the MP said, adding that current political imbroglio was not an excuse for abandoning the President.
The U.S. Embassy in Colombo welcomed the U.S. Sports Envoys to Sri Lanka, former National Basketball Association (NBA) and Women’s National Basketball Association (WNBA) players Stephen Howard and Astou Ndiaye, from June 8 through 14.
The Public Diplomacy section of the U.S. Embassy said that it would launch a weeklong basketball program intended to harness the unifying power of sports, made possible through collaboration with Foundation of Goodness and IImpact Hoop Lab.
While in Sri Lanka, Howard and Ndiaye, both retired professional basketball players, will conduct a weeklong program, Hoops for Hope: Bridging Borders through Basketball. The Sports Envoys will lead basketball clinics and exhibition matches and engage in leadership sessions in Colombo and Southern Province for youth aged 14-18 from Northern, Uva, Eastern and Western Provinces, offering skills and leadership training both on and off the court. The U.S. Envoys will also share their expertise with the Sri Lanka Basketball Federation, national coaches, and players, furthering the development of basketball in the country. Beyond the clinics, they will collaborate with Sri Lankan schoolchildren to take part in a community service project in the Colombo area.
“We are so proud to welcome Stephen and Astou as our Sports Envoys to Sri Lanka, to build on the strong people-to-people connections between the United States and Sri Lanka,” said U.S. Ambassador Julie Chung. “The lessons that will be shared by our Sports Envoys – communication, teamwork, resilience, inclusion, and conflict resolution – are essential for leadership development, community building, equality, and peace. The U.S. Sports Envoy program is a testament to our belief that sports can be a powerful tool in promoting peace and unity.”
SJB Colombo District MP Mujibur Rahuman in parliament demanded to know from the government the reasons for CEB suspending the leave of all its employees until further notice from Thursday.
MP Rahuman said that the CEB has got an acting General Manager anew and the latter yesterday morning issued a circular suspending leave of all CEB employees with immediate effect until further notice.
“We demand that Minister Kanchana Wijesekera should explain this to the House. This circular was issued while this debate on the new Electricity Amendment Bill was pending. There are many who oppose this Bill. The Minister must tell parliament the reason for the urge to cancel the leave of CEB employees,” the MP said.However, Speaker Mahinda Yapa Abeywardena prevented Minister Wijesekera responding to the query and said that the matter raised by MP Rahuman was not relevant.
The Chartered Institute of Personnel Management (CIPM) successfully concluded the 8th Annual CIPM Symposium, which took place on 31st May 2024. Themed “Nurturing the Human Element—Redefining HRM in a Rapidly Changing World,” the symposium underscored the pivotal role of human resource management (HRM) in today’s dynamic global landscape. Since its inception in 1959, CIPM has been dedicated to advancing the HR profession through education, professional development, and advocacy, solidifying its position as Sri Lanka’s leading professional body for HRM.
Ken Vijayakumar, the President of the CIPM, graced the occasion as the chief guest. The symposium commenced with the welcome address by the Chairperson, Prof. Arosha Adikaram, followed by the Web Launch of the Symposium Proceedings and Abstract Book by the CIPM President. The event featured distinguished addresses, including a speech by Chief Guest Ken Vijayakumar, President of CIPM, and an address by Guest of Honor Shakthi Ranatunga, Chief Operating Officer of MAS Holdings Pvt. Ltd., Sri Lanka.
The symposium also featured an inspiring keynote address by Prof. Mario Fernando, Professor of Management and Director of the Centre for Cross Cultural Management (CCCM) at the University of Wollongong, Australia.
Vote of Thanks of the inauguration session was delivered by Dr. Dillanjani Weeratunga, Symposium Co-chair.
The symposium served as a comprehensive platform for researchers to present their findings across a wide range of critical topics in HRM. These included Cultural Diversity and Inclusion, Talent Development and Retention, Ethical Leadership and Corporate Social Responsibility, Adapting to Technological Advancements, Mental Health and Well-being at Work, Global Workforce Challenges, Employee Empowerment, and Reskilling and Upskilling.
The plenary session was led by Prof. Wasantha Rajapakse. Certificates were awarded to the best paper presenters during the valedictory session, followed by a vote of thanks delivered by Kamani Perera, Manager of Research and Development.
The annual symposium of CIPM was a truly inclusive event, attracting a diverse audience that spanned undergraduates, graduates, working professionals, research scholars and lecturers. This widespread interest highlights the symposium’s significance in the field of HRM, offering a unique opportunity for everyone to network and learn from scholarly brains.The CIPM International Research Symposium was sponsored by Hambantota International Port, Sri Lanka Institute of Information Technology (SLIIT), E B Creasy & Co. PLC, and Print Xcel Company.
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
