National Action Plan on LLRC Recommendations :
Roadmap to reconciliation
Presidential Secretary
Lalith Weeratunga
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The National Action plan with a specific time frame to implement the LLRC
recommendations was approved by the Cabinet last week. Presidential Secretary
Lalith Weeratunga attending a joint press briefing at the External Affairs
Ministry together with Prof. G. L. Peiris on Thursday said a Task Force was also
appointed by the Cabinet to oversee, facilitate and implement the
recommendations.
It is headed by Presidential Secretary Lalith Weeratunga as the top civil
servant in the country and comprises representatives from all stakeholder
ministries and State institutions. The Plan lists out implementation of
recommendations according to Activity, Key Responsible Agency, Key Performance
Indicator and a set time frame.
The Action plan has rearranged the 285 LLRC recommendations and their sub
recommendations under five themes; International Humanitarian Law, Human Rights,
Land Return and Resettlement,Restitution/Compensatory Relief and Reconciliation.
Some of the recommendations were already in the implementation stage, while
others will begin before the end of this year. Some others requiring larger
allocations of funding will be implemented in 2013 with special allocations from
the upcoming Budget.
The action plan has set a time frame of 12 months to complete the ongoing
disciplinary process of the military to ascertaincircumstances of death and
injury to civilians in the final battles with LTTE terrorists.
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LLRC Commissioners at a
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Demining in
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Follow up action, where relevant and to prosecute those responsible, has been
allocated 24 months with a further 24 months to file cases in the Courts.
The key responsible agencies cited are the Defence and Justice Ministries and
the Attorney General’s Department. These institutions have also been entrusted
to cover fullinvestigations into allegations of disappearances after surrender
or arrest, leading to prosecution and punishment of wrongdoers.A professional
survey covering affected families to ascertain at first hand the scale and
circumstances of deathand injury to civilians, as well as damage to property
during theperiod of the conflict, recommended by the LLRC is already under way
by the Census and Statistics Department. It is overseen by the Presidential
Secretariat. The Defence Ministry and the Presidential Secretariat will
re-assess the Army inquiry to examine the authenticity of allegations on Channel
4 within six months.
With regard to the recommendation 9.48 of the LLRC calling forimmediate steps
to investigate abductions, involuntary disappearances and arbitrary detention
allegations and to bring perpetrators to justice by direct law enforcing
authorities.The Ministry of Defence, Police Department, Legal Aid Commission,
CBOs and Ministry of Justice have been entrusted with work to identify
impediments as well as to build capacity within the Police Department for an
effective surveillance mechanism and to establish community policing among other
tasks. This work has been given a time frame of two and a half years.
Within the first six months the institutions have been directed to identify
the impediments and take remedial action.
The recommendation 9.51 of the LLRC, that calls upon to appoint a Special
Commissioner of Investigation to investigate alleged disappearances and provide
material to the Attorney General to initiate criminal proceedings as
appropriate, the action plan directs to invoke present procedures as available
in the Code of Criminal Procedure and sensitize the public of the available
mechanisms within a time period of three months. The key responsible
institutions are the Police and the Attorney General's Department, Ministry of
Justice and ICTA.
In response to the recommendation to devise a centralized system at national
level to collect data on missing persons, the action plan has proposed an
integrated data base of missing persons compiled by the Department of Census and
Statistics in collaboration with the Ministry of Defence within a time frame of
six months.
With regard to the implementation of the 'Registration of Deaths Act' at
administrative level, it is informed that the recommendation has already begun
implementation while there will be progress reviews. It will be given wide
publicity targeting people in conflict-affected areas, via the Government's 1919
hot-line. To the call for an independent Advisory committee to monitor and
examine the arrest and detention of persons under Public Security Ordinance or
the PTA, the earlier recommendations given under the IHL issues will be applied.
For persons held for long periods without charges, the LLRC proposed a special
mechanism to examine their cases on a case by case basis, the action plan has
proposed to identify established procedures within the existing system to
address the issue and a 'dedicated unit' within the AG's Department for
'decision making' with regard to such cases.
The key performance indicator (KPI) of this measure is the 'reduction in the
number of such detainees'. The Attorney General's Department has been instructed
to complete the work in two years.
LLRC Recommendation 9.59 is to be further examined and if law reform, was
required to criminalize enforced or involuntary disappearances, found to be
necessary, the draft legislation is to be presented in Parliament within 24
months. The Ministry of Justice, AG's Department and Police Department has been
made key responsible agencies.
To create awareness on human rights among the masses, the police and armed
forces, activities identified in the National Human Rights Action Plan will be
implemented. A module developed by the National Institute of Education will also
be included in the secondary school curriculum on inclusion. The agencies
responsible will be the NHRC, Education Ministry, Armed Forces and the IGP.
Within six months the Ministry of Defence is to make available easy access to
the database of detainees to the next of kin as per the recommendation 9.63 in
the LLRC.
Under core recommendations the Action plan proposes to examine and report on
the feasibility and practicality of issuing a certificate when a detained person
is released to prevent re-arrest of the same person on the same charges unless
new evidence surfaces. To look into the laws delays, a program is to be
formulated to divert suspects from the criminal process to voluntary
rehabilitation and enable indictments to be filed in an additional number of
courts to clear the backlog. The Ministry of Justice, the AG's Department and
the police department are the key agencies responsible.
The call is to screen detainees and give attention to young, injured,
disabled and needing counselling, etc, the remainder of the detainees are to be
reviewed by the Commissioner General of Rehabilitation with the aim of compiling
a report by three months.
In respect of the recommendation against the illegal armed groups (9.73) the
action plan has stated that the Government had eliminated such groups that
existed during the conflict but action will be continued to ensure there will
not be a re-emergence. An addition crime statistics within the area will be
examined to identify critical issues and measures by the MOD and Police
Department will be taken to improve law enforcement. With regard to young
detainees (9.78, 9.82) the Government has alreadyaddressed this concern fully
with many following academic activities and reunification of their families.
The recommendations 9.79, 9.81 is no more applicable since the Government has
identified, rehabilitated and re-integrated all child combatants into society.
The recommendation with regard to women, children, elderly and other
vulnerable groups affected by the conflict, calling for the setting up of an
inter agency Task Force, the Government has addressed the issue under the
National Human Rights Action Plan.
Recommendation 9.104 to grant legal ownership of land to resettled IDPs, a
circular in this regard is being implemented and awareness will be created to
educate them on available land for resettlement.
The Ministry of Lands will be responsible for the implementation of this
directive.
In relation to recommendation 9.108 concerning Lankan refugees in India and
their return, a policy on repatriation will be formulated jointly by the
Ministries of Lands, External Affairs, Resettlement and Defence. Subsequent
bi-lateral discussions to discuss the policy and implement decisions will be
initiated and completed within 24 months.
On the issue of Muslim IDPs from the North (9.113), Presidential Task Force
for the North and the East, will be required to formulate a policy of the Muslim
IDPs and issue necessary directions for implementation within nine months.
The recommendation that covers harassment on Media personnel and institutions
the action plan has proposed the following in response to, give priority to the
investigation, prosecution and disposal in such cases, investigate past
incidents of such illegal action, ensure freedom of movement in the North and
the East and ensure right to information, the Ministry of Mass Media and
Information has been directed to take effective measures to ensure media
freedom, strengthen grievance mechanisms including court action and complaints
to the National Police Commission in cases of police inaction.
Apart from the Ministry of MMI, the Police Department and the Press Council
has been made key responsible Agencies. Action will be initiated to remove
impediments to free movement by these agencies while introducing a code of
conduct to promote responsible journalism among media personnel.
In view of the right to information, legislation, the Cabinet of Ministers
are to be consulted by the Ministry of MMI for a suitable time frame to draft
legislation.
To the Recommendation 9.119 that called on removing undue restrictions for
visitors from overseas to visit their friends and relatives in recently
resettled areas, MOD and the Department of Police and the respective Government
Agents have been instructed to identify if there were any such restrictions and
take action to remove them within a period of six months.
The Task Force has directed the AG's Department to examine recommendations of
past Commissions including the inquiry into the death of five students in
Trincomalee in January 2006 and 17 aid workers of the ACF in August 2006 and
ensure follow up on recommendations and ensure that there are implemented. (LLRC
Recommendation 9.120).
Key highlights from IHL and Human Rights recommendations of LLRC and
National Action Plan response
LLRC Recommendation:
*Ascertain 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. Also launch a full investigation into allegations of disappearances
after surrender/arrest and where such investigations produce evidence of any
unlawful act on the part of individual members of the Army, prosecute and punish
the wrongdoers.
National Action Plan recommendation:
Complete ongoing disciplinary process being conducted in terms of Armed
Forces statutes. (Time frame 12 months)
Upon conclusion, take follow up action to prosecute, where relevant. (time
frame 24 months)
Use the existing system as provided for in the Criminal Procedure Code to
originate a complaint and give such mechanism sufficient publicity. (time frame
24 months)
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*LLRC recommendation:
Conduct a professionally designed household survey covering all affected
families in all parts of the island to ascertain firsthand the scale and
circumstances of death and injury to civilians, as well as damage to property
during the period of the conflict.
National Action Plan: Survey ongoing
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*LLRC:
Initiate an independent investigation into the Channel 4 Video to establish
the truth or otherwise of the allegations arising from the video footage.
*National Action Plan:
Assess current processes being pursued to examine the authenticity of the
allegations in Channel 4 namely, the inquiry currently conducted by the
Army. Based on such results take follow up action as appropriate. (time frame 6
months)
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*LLRC: Direct law enforcement authorities to take immediate steps to ensure
that allegations [of abductions, enforced or involuntary disappearances, and
arbitrary detention] are properly investigated into, and perpetrators brought to
justice.
*National Action Plan: Identify impediments, if any, to the effective
enforcement of the law. That the offences are visited with serious
sanctions, Strengthen investigation skills of Police, Strengthen access to
justice, Enhance the capacity of the Police to put in place a more effective
surveillance mechanism of the locality in cooperation with the local community
and establish community policing. (total time frame 30 months)
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*LLRC: Appoint a Special Commissioner of Investigation to investigate alleged
disappearances and provide material to the Attorney General to initiate criminal
proceedings as appropriate. Provide the Office of the Commissioner with
experienced investigators to collect and process information.
*National Action Plan: Invoke the present procedures as available in the Code
of Criminal Procedures with priority given to such complaints.
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*LLRC: Create a special mechanism to examine cases of persons being held in
detention (for long periods without charges] on a case by case basis and
recommend a course of action in regard to disposal of each case.
*National Action Plan: Identify and establish procedures in the existing
system to address the issue. Complete decision making regarding detainees
through a dedicated Unit in the Attorney General’s Dept. mandated to examine
detention cases. (time frame 24 months)
*LLRC: Frame domestic legislation to specifically criminalize enforced or
involuntary disappearances.
*National Action Plan: Examine the need for legislation and formulate and
present law to Parliament, if law reform is found to be necessary with emphasis
on the need to impose heavy terms of imprisonment as a deterrent. (time frame 24
months)
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*LLRC: Create a centralized comprehensive database containing a list of
detainees, which should be made available to the next of kin with names, place
as detention as well as record of transfers.
*National Action Plan: The present database to be enhanced with easy access
to information being available to Next of Kin. (time frame six months)
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*LLRC: Conduct proper investigations in respect to allegations against the
illegal armed groups. Institute criminal proceedings against offenders.
*National Action Plan: During the time of the conflict, illegal armed groups
were known to operate in the theatre of conflict. Steps have been taken to
completely eliminate this activity. These measures will be continued to be
implemented to ensure that these groups do not re-emerge.
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*LLRC: Investigate any such instances where there is prima facie evidence of
conscription of children as combatants and ensure that offenders are brought to
justice.
National Action Plan: Investigations completed.
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*LLRC: Take all steps to prevent harassment and attacks on media personnel
and institutions. Give priority to the investigation, prosecution and disposal
of such cases. Properly investigate past incidents of such illegal action.
*National Action Plan: Take appropriate action to ensure media freedom.
Pursuit of grievance mechanisms - Complaints to Police, FR Applications to
SC, Complaints to Press Council (with a wider jurisdiction and enhanced powers),
Complete investigations into current cases and promote responsible journalism
and consider a code of conduct for journalists. (timeframe 12 months)
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*LLRC: Ensure people, community leaders, and religious leaders have the
freedom to organize peaceful events and meetings without restrictions.
National Action Plan: Monitor monthly at GA’s conference, whether there are
constraints to enjoying this freedom.
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*LLRC: Implement recommendations of past commissions of inquiry, particularly
those relating to further investigation and prosecution of offenders involved in
the death of – a) 5 students in Trincomalee in January 2006 and b) 17 aid
workers of the ACF in August 2006
*National Action Plan: Examine recommendations of Committees and ensure
follow up on recommendations are implemented (time frame: ongoing)
Next week: Focus on Land Return and Resettlement and Compensatory Relief.