As expected, the Sri Lankan Lessons Learnt and Reconciliation Commission has recommended the State “ascertain more fully” the allegations of human rights violations against security forces.
In its 388-page report, tabled in Parliament on Friday, the Commission said it was faced with “difficulties in attempting a re-construction of certain incidents involving the loss of civilian lives which have been brought to the attention of the Commission. While the Commission finds it difficult to determine the precise circumstances under which such incidents occurred…the material nevertheless points towards possible implication of the Security Forces for the resulting death or injury to civilians, even though this may not have been with an intent to cause harm.
“In these circumstances the Commission stresses that there is a duty on the part of the State to ascertain more fully, the circumstances under which such incidents could have occurred, and if such investigations disclose wrongful conduct, to prosecute and punish the wrong doers.”
On the question of forced disappearances, the Commission said many people “had directly witnessed certain persons surrendering to the custody of the Army, it is the clear duty of the State to cause necessary investigations into such specific allegations and where such investigations produce evidence of any unlawful act on the part of individual members of the Army, to prosecute and punish the wrongdoers. The Commission must also stress in this regard that if a case is established of a disappearance after surrender to official custody, this would constitute an offence entailing penal consequences.
Thus the launching of a full investigation into these incidents and where necessary instituting prosecutions is an imperative also to clear the good name of the Army who have by and large conducted themselves in an exemplary manner in the surrender process and when civilians were crossing over to cleared areas, which conduct should not be tarnished by the actions of a few,” it said.
A few western diplomats had told The Hindu — ahead of the presentation of the report — that the LLRC report would only pave the way for another committee or commission to enquire into specific allegations.
This, in their view, was a way to buy time. Canada, U.S. and U.K. had made it clear that they were awaiting the report from the internal mechanism to determine their future course of action. Senior Sri Lankan officials had denied — at that time — that the country was trying to stretch the process.
Reconciliation is a theme that runs through the voluminous report.
At one point it deals with the sensitive question of the language to sing the national anthem. It lists two views — add two lines in Tamil or allow the anthem to be sung in Tamil as was the case earlier — but does not make a specific recommendation.
It also talks about discrimination in education and wants the government to look into the issue as well to bring about genuine reconciliation.
