Sustained Progress

Earlier, pledging to launch a full scale special investigation into allegations that disappeared persons are being held in certain detention camps, President Maithripala Sirisena observed, at a gathering in Sampur town of Trincomalee District on May 20, 2017, "If anyone forwards such information on disappeared persons who are said to be held in some place or places, a full scale investigation would be conducted to ascertain the truth. I will appoint a special committee to ascertain whether there is such detention center." Further, President Sirisena, while meeting with the families of disappeared persons in Jaffna District on June 12, 2017, promised that he would issue directives to the National Security Council to release lists of persons who surrendered to the Armed forces in the final phase of the war, detainees, and political prisoners.

In a historic move, the Cabinet of Ministers on May 2, 2017, had approved Sri Lanka's first National Reconciliation Policy drafted by the Office for National Unity and Reconciliation (ONUR) Chaired by Former President Chandrika Bandaranaike Kumaratunga. The policy was prepared after discussions with all the relevant parties to affirm reconciliation and coexistence in the country and to prevent future conflict. Further, on June 14, 2017, the Cabinet of Ministers approved the proposal made by President Maithripala Sirisena, as the National Integration and Reconciliation Minister, to establish a National Reconciliation Committee and to appoint District Secretaries as conveners in the District level committees, to resolve ethnic and religious issues. Later, on June 7, 2017, when Prime Minister Ranil Wickremesinghe called on the United Nations (UN) Secretary General António Guterres at the UN Headquarters in New York, the Secretary General assured UN support to the Sri Lankan Government's plans for bringing about reconciliation and creating conditions for lasting peace.

Significantly, over eight years after the successful conclusion of the Eelam War on May 17, 2009, Engineer Brigade Commander Amith Seneviratne, at an event held at the Batticaloa District Secretariat on June 21, 2017, announced the successful completion of the mine clearing operation in Batticaloa District. Batticaloa is the first District to be declared mine free. At the commencement of the clearing operation in 2009, de-miners identified 377,026,951 square meters as the Confirmed Hazardous Area (CHA). The daunting task was undertaken by the Army's Humanitarian De-mining Unit (HDU), together with International Non-Government Organisations and Non Government Organisations (INGOs and NGOs), including Mines Advisory Group (MAG), Halo Trust, Foundation for Sustainable Development (FSD), Sarvatra Technical Consultants (STC), Horizon, Delvon Assistance for Social Harmony (DASH) and Skavita Humanitarian Assistance and Relief Project (SHARP). The Army had carried out 83 per cent (312,111,499 sq m) of the Batticaloa mine clearing operation, whereas MAG, Halo Trust, FSD, STC, Horizon, DASH and SHARP cleared the remaining 64,915,452 square meters. HDU comprises 450 de-miners capable of undertaking manual and mechanical mine clearing operations, in addition to the Mine Detection Dog (MDD) project. The Commander further disclosed that about 27 square kilometers remained to be cleared in Northern and Eastern Districts, with Kilinochchi being the worst affected area.

Meanwhile, promising that the constitution-making process would not be delayed, Prime Minister Ranil Wickremesinghe, at the opening of the new District Secretariat Office in Mannar District on May 19, 2017, noted, "We cannot drag the constitution-making process anymore. President Sirisena was elected in 2015 to fulfill this purpose. This is a time when Sri Lankans are commemorating those who died during the armed conflict. Those on both sides of the divide are Sri Lankans. However, the important factor is to ensure that there won't be another war in the future."

Separately, on June 20, 2017, the Cabinet of Ministers approved Prime Minister Ranil Wickremesinghe's proposal to appoint a Committee of Ministers chaired by him and a Committee of Officials to assist, to coordinate the United Nations Human Rights Council (UNHRC) recommendations made in the consensus resolutionadopted in October 2015. Earlier, at its 34th session on March 23, 2017, the UNHRC allowed two more years for Sri Lanka to fully implement the recommendations agreed upon in the October 2015 resolution.

Further, in order to encourage Tamils to join the Police, the Police Media Division announced on April 29, 2017, that Tamil-speaking persons applying for jobs in the Police in the North and East would be given preference. In a gazette notification issued on March 31, 2017, Police Headquarters had called for applications for over 1,500 vacancies, including Police Constables (PC), Women Police Constables (WPC) and Police Constable (Drivers) for Police Stations spread across the island, especially in the Northern and Eastern Provinces. Further, to facilitate Tamil readership across the country and the world, the Army launched a Tamil website on May 19, 2017, concurrent to its English and Sinhala websites.

However, Tamil United Liberation Front (TULF) General Secretary V. Anandasangaree urged President Maithripala Sirisena on April 20, 2017, to take immediate measures to release all the private lands in the North and East that are still being held by the Security Forces (SFs). Further, calling for the Government to release the lands that are still under SF occupation, mete justice to the disappeared persons and provide employment to the war-battered, a hartal (General Strike) was organized by the Tamil National Council (TNC) in the North-East on April 27, 2017. The hartal was also backed by all major Tamil and Muslim political parties, including the Tamil National Alliance (TNA), Sri Lanka Muslim Congress (SLMC), All Ceylon Tamil Congress (ACTC) and the Tamil National People's Front (TNPF).

Meanwhile, criticizing the Government's slow progress in addressing wartime crimes on March 3, 2017, UN Human Rights Commission chief Zeid Ra'ad Al Hussein urged the Government to adopt laws allowing special hybrid courts to try war criminals. Nevertheless, President Sirisena, rejecting the fresh appeal from the UN to allow international judges to investigate claims of war­time atrocities, on March 5, 2017, and vowed, "I am not going to allow non­governmental organizations to dictate how to run my government. I will not listen to their calls to prosecute my troops." At least 100,000 people were killed during the war between Government forces and rebels from the Liberation Tigers of Tamil Eelam (LTTE), which officially ended on May 17, 2009.

The assault of international organizations against the Sri Lanka Government, nevertheless, continues. Huma Rights Watch (HRW), in a statement on May 18, 2017, declared that Sri Lanka's Counter Terrorism Bill approved by the Cabinet of Ministers on May 3, 2017, falls far short of the Government's pledges to the UNHRC to end abusive detention without charge. While the Counter Terrorism Bill, which is drafted to replace the draconian Prevention of Terrorism Act (PTA) improves upon PTA, it would still permit many of the abuses occurring under current law, and raises a number of new concerns, HRW claimed. As part of its undertakings for security sector reform at the UNHRC in October 2015, the Sri Lankan Government pledged to repeal and replace PTA.

Further, a report compiled by former UN Special Rapporteur Mónica Pinto on the independence of judges and lawyers, following her mission to Sri Lanka from April 29-May 7, 2016, was tabled by the new Rapporteur Diego García-Sayán at the 35th session of the UNHRC on June 12, 2017. The report harshly criticized Sri Lanka's justice system. Tabling the report, García-Sayán declared, "Although the armed conflict was concluded in 2009, very deep wounds could still be seen in the judicial system. Problems related to language are very serious and have a very serious effect on justice and on the likelihood of obtaining a fair process if you belong to the Tamil community."

The National Unity Government (NUG) has made dramatic progress in addressing the issue of reconciliation by reaching out to Tamils, establishing a quick rehabilitation process and initiating constitutional and legal reforms. It has also passed enabling legislation to establish the OMP to help find some of the missing persons during the war. Colombo's record on these parameters compares favourably with almost any other post-conflict society. But unrealistic expectations and criteria that are not applied to a multiplicity of conflicts - both current and past - are being imposed on Sri Lanka by elements within the international community. These are contaminating the discourse within the country, deepening polarization between the communities, and obstructing the process of reconciliation, rather than contributing in any constructive measure to its acceleration.

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