{"id":8802,"date":"2012-07-29T14:35:21","date_gmt":"2012-07-29T18:35:21","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=8802"},"modified":"2012-07-29T14:38:24","modified_gmt":"2012-07-29T18:38:24","slug":"recommendations-of-llrc-report-and-implementation-proposals-of-national-plan-of-action","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=8802","title":{"rendered":"Recommendations of LLRC Report and Implementation Proposals of National Plan of Action"},"content":{"rendered":"
\"\"<\/a>

President Rajapaksa<\/p><\/div>\n

By Namini Wijedasa<\/strong><\/p>\n

T<\/strong>he government made it clear last week that there will be no separate event on National Day to express solidarity and empathy will all victims of the war, as recommended by the Lessons Learnt and Reconciliation Commission.<\/p>\n

What would be observed instead was the present practice of continuing to \u201cexpress solidarity as one nation and one people\u201d, said the National Plan of Action to Implement the Recommendations of the LLRC.<\/p>\n

\"\"<\/a>

Minister G.L. Peiris<\/p><\/div>\n

The plan contains a range of commitments along with time frames for implementation. It was approved by cabinet last week and released to the public after a press conference in Colombo by External Affairs Minister G.L. Peiris and Secretary to the President Lalith Weeratunga.
\n
\n The government also pointedly avoided committing itself to the enactment of legislation to ensure the right to information. While the action plan said cabinet would decide a suitable time frame for drafting such a law, it stopped short of specifying a time frame for this step; it said this would be \u201cTBC\u201d, or \u201cto be considered\u201d.<\/p>\n

This was the only recommendation in the action plan for which no time frame was set in the relevant column. Apart from the proposal for a separate commemorative event on National Day (which was rejected outright), the others had time frames ranging from two years to 12, six and three months. The implementation of some proposals was \u201congoing\u201d while several were listed as \u201ccompleted\u201d.<\/p>\n

Interestingly, the section pertaining to alleged war crimes carefully avoids the use of the word \u201cinvestigation\u201d. The recommendation made by the LLRC was to \u201cascertain more fully the circumstances under which specific instances of death or injury to civilians could have occurred, and if such investigations disclose wrongful conduct, prosecute and punish the wrongdoers\u201d.<\/p>\n

The action plan seems to rule out any new investigations in the specific instances that the LLRC report contains. There will also be no inquiry external of the military. The commission itself referred to less than five such cases. The action plan undertakes the completion of \u201congoing disciplinary process being conducted in terms of Armed Forces statutes\u201d. Upon conclusion, there will be \u201cfollow up action to prosecute, where relevant\u201d. The existing system as provided for in the Criminal Procedure Code will be used to originate a complaint and the mechanism will be given sufficient publicity.<\/p>\n

Disciplinary inquiries are to be concluded within 12 months, while time frames of 24 months have been given for offenders to be prosecuted and the cases to be filed in court. Where the LLRC recommends full investigations into allegations of disappearances after surrender or arrest, the same steps\u2014completion of ongoing disciplinary process\u2014will be followed to the same time frames.<\/p>\n

The LLRC separately recommended an independent investigation into the Channel 4 videos to \u201cestablish the truth or otherwise of the allegations arising from the video footage\u201d. The action plan undertakes to \u201cassess the current processes being pursued to examine the authenticity of the allegations in Channel 4, namely the inquiry currently conducted by the Army\u201d.<\/p>\n

The action plan reports that some of the LLRC\u2019s recommendations have been completed. For instance, investigations into any instances of prima facie evidence of child conscription are finished. Child conscripts have been identified, rehabilitated and re-integrated.<\/p>\n

As such, the perusal of any charges related to the conduct of the war has been left entirely to the military. The action plan, therefore, serves to reinforce the government\u2019s unwavering position on the subject of war crimes.<\/p>\n

The LLRC recommended the appointment of a Special Commissioner of Investigation to probe alleged disappearances and to provide material for the attorney general to initiate criminal proceedings as appropriate. The action plan does not accept the creation of such an office but undertakes to \u201cinvoke the present procedures as available in the Code of Criminal Procedures with priority given to such complaints\u201d.<\/p>\n

Attorney General Palitha Silva told LAKIBMAnEWS in a separate interview last week that \u201cthere are hardly any files on disappearances that have been sent to the department and hardly any complaints, according to police\u201d.<\/p>\n

Where the LLRC recommended a national, centralized system of data collection to integrate all information regarding missing persons, the action plan proposes the establishment of \u201can integrated database to collate information regarding missing persons\u201d. This is to be completed within six months.<\/p>\n

And where the LLRC suggests the framing of domestic legislation to specifically criminalize enforced or involuntary disappearances, the action plan commits to examining the need for such legislation. A law would be formulated and presented to parliament \u201cif law reform is found to be necessary\u201d.<\/p>\n

The LLRC proposed that the publication of a list of names of those in detention. The action plan says the current practice of informing the next of kin regarding the location of the detainee (with the National Human Rights Commission also being informed) will continue.<\/p>\n

The LLRC recommends the issuance of a certificate when a person is discharged so that the same person is not taken into custody again, unless new evidence is discovered against him. The action plan will examine and report \u201con the practical application of such a procedure and its feasibility\u201d.<\/p>\n

The commission suggests the proper investigations in respect to allegations against illegal armed groups but the action plan clarifies that \u201csteps have been taken to completely eliminate this activity\u201d. The LLRC proposes the introduction of \u201cspecific measures\u201d to ensure the maintenance of law and order, particularly the disarming of illegal armed groups. But the action plan responds in general terms that crime statistics and trends will be examined to identify \u201ccritical issues\u201d and that necessary measures will be taken to improve law enforcement. These, it says, are ongoing.<\/p>\n

There is some confusion in the action plan related to the LLRC\u2019s proposal that the government creates awareness about the internally displaced regarding areas available for people to resettle. The action plan commits to conducting awareness programmes on the implementation of circular No. 2011\/4 of 22.07.2011 issued by the Commissioner General of Lands. This controversial circular, however, was withdrawn by the state on 19 January 2012 after it conceded that the document was flawed and would be reconsidered by officials. Firm assurances were given to the Court of Appeal that no further steps would be taken to implement it.<\/p>\n

Much other work is to be done under the action plan regarding land issues. For instance, a fourth land commission is to be set up similar to the previous three (the land commissions of 1927, 1936 and 1985). For this\u2014and the effective implementation of statutes such as the State Lands Ordinance, Land Development Ordinance, and the Land Grants (Special Provisions) Act\u2014a period of 24 months has been allocated. However, a study on the alienation of state land with specific reference to the north and east will be completed within 12 months.<\/p>\n

The land commission, meanwhile, will be responsible for such LLRC recommendations as confining \u201cthe participation of security forces officers to expedite the release of maximum extents of lands being utilized for security purposes\u201d.<\/p>\n

The LLRC calls for a clear statement by government that private lands will not be used for settlements by any government agency. The action plan says a policy will be formulated within 12 months to deal with the issue of settlements.<\/p>\n

The LLRC asks the government to review the two existing high security zones in Palaly and Trincomalee-Sampur, as well as small extents of private land currently used for security purposes, with a view to releasing more land while keeping security needs in perspective. At the press conference, however, it was maintained that there was only one high security zone left in the country and that was in Palaly.<\/p>\n

The LLRC recommends that the government takes a decision on compensatory relief for death and injury for those involved with the LTTE. The action plan makes no mention of compensation but assigns the ministry of resettlement and the Presidential Task Force for the North and East with continuing \u201cthe government programme for the rehabilitation and reintegration of ex-combatants and a reconciliation programme for the next of kin\u201d.<\/p>\n

The LLRC suggests that the involvement of security forces in civilian activities and the use of private land by the security forces be phased out \u201cwith reasonable timelines being given\u201d. The action plan assigns the ministry of defence to formulate a plan for \u201cfurther reducing involvement of security forces in civilian work\u201d. It states that 95% have already been withdrawn from civilian duties.<\/p>\n

The LLRC calls for immediate action to disarm persons in possession of unauthorized weapons and the prosecution of such offenders. The action plan places the police responsible for ensuring \u201cstrict enforcement of the provisions of the Offensive Weapons Act\/the Firearms and Explosives Act and the successful prosecution of legal action against offenders\u201d.<\/p>\n

Considering that the police were always, and already, responsible for this task \u2014and considering that little has been done in this regard\u2014it is uncertain what new objectives the action plan will achieve. However, it does limit the timeframe for \u201ca complete disarming of persons in possession of unauthorized weapons\u201d to six months.<\/p>\n

The action plan was drafted by an officials committee headed by Weeratunga that worked under the supervision of the presidential secretariat without claiming additional remuneration. Weeratunga said at the press conference that the 2013 budget will allocate funds for its implementation. courtesy: LakbimaNews<\/em><\/p>\n

Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"

By Namini Wijedasa The government made it clear last week that there will be no separate event on National Day to express solidarity and empathy will all victims of the war, as recommended by the Lessons Learnt and Reconciliation Commission. What would be observed instead was the present practice of continuing to \u201cexpress solidarity as …<\/p>\n

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