• Douglas expands on Cabinet approving truth and reconciliation mechanism, takes fmr Commissions to task for not cross examining credibility of witness testimony   

The Truth and Reconciliation Commission (TRC) once established, should hold responsible those directly involved in acts of terrorism, and also those who indirectly supported terrorist activities by aiding and abetting, Minister of Fisheries and Leader of the Eelam People’s Democratic Party Douglas Devananda said yesterday (17). 

Accordingly, the approval of the Cabinet of Ministers’ was granted to implement the concept of a Truth and Reconciliation Mechanism on Monday (16).

Speaking to The Morning, Devananda said yesterday that there is no time frame decided upon this Cabinet decision but noted however, that it would be implemented soon. 

He further noted that he had submitted certain recommendations as a member of the Cabinet sub-committee on reconciliation headed by President Ranil Wickremesinghe.

He noted that any truth seeking mechanism should cover the period commencing from 1 May 1983, and ending on 18 May 2009. The period since signing the Indo-Lanka Accord, from 29 July 1987, to 18 May 2009, needs to be given special attention. 

“Only a model similar to the TRC in South Africa is suitable to our context. The South African TRC addressed reconciliation related issues between the communities. The situation in Sri Lanka is entirely different from the experiences in those countries. In Sri Lanka, we have an ethnic issue that remains to be resolved,” he added.

His recommendations further highlighted that the militancy and the acts of violence that prevailed prior to the signing of the Indo-Lanka Accord are the offspring of this unresolved issue. “Since then, it was terrorism that prevailed in the country. Hence, the Truth and Reconciliation Mechanism in Sri Lanka needs to be looked into from a different perspective. The Udalagama Commission (the Commission of Inquiry to Investigate and Inquire into Serious Violations of Human Rights), the Lessons Learnt and Reconciliation Commission and the Paranagama Commission (the Presidential Commission of Inquiry Into Complaints of Abductions and Disappearances) were appointed at different times and had different mandates. Though these Commissions have reported vividly based on the evidence recorded, whether they have ascertained the veracity of those statements made by the witnesses is questionable. They have recorded statements from the witnesses but it should also be examined for credibility. There should have been cross examinations when recording statements. Therefore, it is incorrect. I have given these recommendations to the other Cabinet sub-committee members,” he noted. 

“The requirement of an independent local mechanism to search for the truth as a meaningful way to bring forward the peace achieved after ending the conflicts sustained for 30 years and to secure it is apparent. Sri Lanka has established several independent investigation Commissions for seeking reconciliation after the conflicts. The accomplishment of all the recommendations of those Commissions is vital. Accordingly, the Cabinet approved the consolidated resolution furnished by President Wickremesinghe, Prime Minister Dinesh Gunawardena, Devananda, Minister of Education and Attorney Dr. Susil Premajayantha, Minister of Justice, Prisons Affairs and Constitutional Reforms, President’s Counsel (PC) Dr. Wijeyadasa Rajapakshe, Minister of Urban Development and Housing Prasanna Ranatunga, and Minister of Foreign Affairs M.U.M. Ali Sabry PC in order to take necessary actions to implement the concept of a truth and reconciliation mechanism,” the Cabinet decision read.