Liberals for an Internal Legal Mechanism
Secretary General of The Liberal Party Mr. Kamal Nissanka issuing a statement states that with the release of the UNHRC Report and UN Resolution on Sri Lanka, issue of human rights in the country has again been in the centre stage of political discussion. Sri Lanka has experienced human rights violations in 1971, 1987-1989 and since the birth of the separatist war in the late seventies. In the circumstances scope of international law and international humanitarian law will also become subject matter in general discussions.
Although perpetrators are not mentioned in the aforesaid report directly by names serious offences are portrayed in it. As Sri Lanka is not a signatory to the Rome Statute there is no mechanism to refer such offences to International Criminal Court(ICC). In such a situation to push such mechanism a resolution from the Security Council is needed. Achievement of such resolution is a remote possibility and therefore commissioner is looking for an alternative mechanism to replace ICC.
As Sri Lanka government has already agreed for a domestic mechanism Party feels that our system of law lacks procedures basing on international law and especially international humanitarian law which deals with crimes against humanity. Even the members of Bar Association of Sri Lanka are not akin to this area of law as these trends are anew to us.
However Liberal Party of Sri Lanka completely reject the contents of the statement released by former President Mr Mahinda Rajapakse to reject the report, as he has already laid the foundation for international mechanism with number of measures taken during last chapter of his administration. President Mr. Mahinda Rajapakse had signed a joint communiqué with UN General Secretary Ban ki- Moon in May 2009 just after the war promising that “ the government will take measures to address allegations related to violations of international humanitarian and human rights law “
When UN Secretary General appointed the Darusman panel to advise him on Sri Lanka, President Mahinda Rajapakse appointed the LLRC commission and the subsequent report is accepted by all stake holders although previous administration had not taken any formidable initiation to fulfill te recommendations.
As Sri Lanka has not accepted several important UN instruments specially Additional Protocol to Geneva Conventions and the International Convention of Protection of All Persons from Reinforced Disappearances U N will further agitate for a hybrid court in dealing human rights violations in the absence of a legal system ,to deal with reinforced disappearances, war crimes, crimes against humanity and genocide. Liberal Party feels that an internal legal mechanism is the best but it needs high level of training, technical support and immediate law reforms.
The Liberal Party