An Overview of the Presidential Commission on Lessons Learnt & Reconciliation - 2010/2011
AN OVERVIEW OF THE PRESIDENTIAL COMMISSION ON LESSONS LEARNT & RECONCILIATION - 2010/2012
Date of Appointment
15 May 2010
Venue / Secretariat
Lakshman Kadirgamar Institute of International Relations and Strategic Studies in Colombo
Members
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| C. R. De Silva - Chairman |
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| C. Chanmugam, Mrs. Manohari Ramanathan |
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| Dr. A. Rohan Perera, H. M. G. S. Palihakkara |
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| Prof. Karunaratne Hangawatte, Maxwell Paranagama |
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| M. T. M. Bafiq |
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| LLRC Members - Source : groundviews.org |
3. Karunaratne Hangawatte - Professor of Criminal Justice at the Department of Criminal Justice, University of Nevada, Las Vegas and former consultant to the United Nations
4. Chandirapal Chanmugam - former Secretary to the Treasury
5. H. M. G. S. Palihakkara - former Secretary, Ministry of Foreign Affairs and former Permanent Representative to the United Nations
6. Manohari Ramanathan - former Deputy Legal Draftsman and former member of the Monetary Board of Sri Lanka
7. Maxwell Parakrama Paranagama - former High Court Judge
8. M. T. M. Bafiq - Senior Attorney at law and member of the Human Rights Commission of Sri Lanka
Secretary
S. M. Samarakoon & later,S. B. Atugoda, a former Ambassador
Mandate
To inquire and report on the following matters that may have taken place during the period between 21 February 2002 and 19 May 2009, namely:
1. The facts and circumstances which led to the failure of the ceasefire agreement operationalized on 21 February 2002 and the sequence of events that followed thereafter up to the 19th of May 2009.
2. Whether any person, group or institution directly or indirectly bear responsibility in this regard.
3. The lessons we would learn from those events and their attendant concerns, in order to ensure that there will be no recurrence.
4. The methodology whereby restitution to any person affected by those events or their dependents or their heirs, can be affected.
5. The institutional administrative and legislative measures which need to be taken in order or prevent any recurrence of such concerns in the future, and to promote further national unity and the reconciliation among all communities, and
6. To make any such other recommendations with reference to any of the matters that have been inquired into under the terms of the Warrant.
First Meeting of the Commission
Hearings & Submissions
Hearings of the commission commenced on 11 August 2010 at the Auditorium of the Secretariat. They were public and open to the media, unless the witness requested otherwise. Media organisations were also allowed to record proceedings.
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| Hearing in progress in Colombo - Source : thuppahis.com |
Interim Recommendations
Based on some of the oral / written submissions received in Colombo the Commission made some interim recommendations to the President on 13 September 2010 & these were published.
These were as follows:
· A special mechanism should be created to examine the cases of long-term detainees on a case-by-case basis.
· A list of names of those in detention be published.
· Released detainees should be issued with a certificate of discharge so that they are not taken into custody again.
· Delays in the legal system should be looked into.
· The government should issue a clear policy statement that private land will not be used for government backed settlements.
· Illegal armed groups be disarmed (high priority).
· Immediate steps be taken so that the public can communicate with officials and receive documents in a language that they understand.
· Free movement on the A9 highway should be encouraged; and,
· There should be better coordination and communication between government agents and security forces.
The implementation of the Interim Recommendations was entrusted to a Special Unit.
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| Hearing on a field visit - Source : thuppahis.com |
Hearings were held in Colombo , in the former conflict affected areas such as Jaffna, Mannar, Kilinochchi, Mullaitivu, Vauniya, Trincomalee, Batticaloa, Ampara, as well as Moneragala, Anuradhapura, Kandy, Galle & Matara.
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| Hearing on a field visit - thuppahis.com |
Field visits were conducted to the former war zone and detention centres where surrendered Tamil Tiger combatants were held.
Over 1000 oral & 5000 written submissions were received.
All oral submissions both in Colombo & elsewhere were recorded & later transcribed. All such transcripts were stored in a computer in the office of the Secretary to the Commission, in a manner that would facilitate easy retrieval, when required. A record of all written submissions was also maintained.
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| Chairman of the Lessons Learnt and Reconciliation Commission (LLRC) CR de Silva talking to a mother complaining about the abduction of her son during the session in Jaffna. © Center for Human Rights (CHR) Sri Lanka / flickr.com |
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| Hearing in Jaffna, Source BBC.Sinhala.com |
LLRC Website
The LLRC launched a website where all transcripts of the hearings & other relevant information were posted. This website is no longer active.
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| Source : groundviews.org |
Extracts of Submissions made by prominent Sinhalese.
Invitation to International Human Rights Groups
The Commission invited Amnesty International, Human Rights Watch & International Crisis Group to make their submissions but they declined the invitation, claiming that it did not meet international standards for independent and impartial inquiries.
Read about it here:
https://www.bbc.com/sinhala/news/story/2010/10/101014_llrc_ai
Violations reported by witnesses to LLRC
An Amnesty International Press Release of 7 September 2011 can be accessed here :
© Center for Human Rights (CHR) Sri Lanka/ flickr.com
© Center for Human Rights (CHR) Sri Lanka / flickr.com
© Center for Human Rights (CHR) Sri Lanka. / flickr.com
© Center for Human Rights (CHR) Sri Lanka / flickr.com
Written Record of Submissions
https://docs.google.com/spreadsheets/u/0/d/1-G11r2htrux0XMeL27wtKHOnu2vJhmLnLgQEypHFo04/pub?hl=en&hl=en&hl=en&single=true&gid=0&output=html&pli=1
https://groundviews.org/llrc-media-coverage-and-submissions
Submissions of the following are available at the above site:
2. Oral Submissions / Individuals
3. Oral Submissions /Armed Services
4. Oral Submissions / Police
5. Oral Submissions / Civil Society
6. Oral Submissions / Field Visits
A.T. Ariyaratna Anil
Amarasekera Ariya Rubasinghe Dasarath Jayasuriya D. Kalupahana D.R. Nanayakkara Felix
Perera HLD Mahindapala Hudson Samarasinghe |
Hiranthi Wijemanne K.J.N.
Perera Mohan
Kumararatne Nalin de
Silva P.B.
Abeykoon Ponnuthurai
Sivapalana R. Ketheewaran P Ravishankar |
Rajitha Senaratne Rajitha Senaratne Saman Kumar Ranawickrema S Santhirakanthan T Sathiamoorthy Udaya Gammanpila V. Anandasangaree |
Field Visits
Ariyalai
Chenkalady
Batticaloa
Chettikulam D.S.
Chettikulam Manik Farm
Gurunagar Cultural Hall
Jaffna C.V.K. Sivagnanam
Jaffna Mrs Omar and Others
Kilinochchi D.S.
Mahatma Gandhi Centre
Mullaitivu D.S.
Muttur DS
Nedunkerni DS
Omarkai Farmers Front
Ottamavady D.S.
Pachchillapillai D.S,
Puttalam D.S.
St. Anthony's Church, Kayts
Trincomalee
Vadukkodai East, Sittankerny
Religious
Organizations
Bishop Daniel Thiagarajah
Bishop of Batticaloa
Brahma Sri S.K. Sharma
Cardinal Malcolm Ranjith & Others
Catholic Diocese of Mannar
Church of Ceylon
Congress of Religions
Duleep de Chickera Church of Ceylon
Jaffna Diocesan Laity Council
Ven Ananda Thero
Ven. Bengamuwe Nalaka Himi
Ven.Ellawala Mettananda Thero
Ven Medagama Dhammananda
Armed Services
Gotabaya Rajapakshe Jagath Jayasooriya Kamal Gooneratne
Roshan Gunatillake Sarath Weerasekera
Shavendra Silva Tisara Samarasinghe
Police
Anton Jeyanathan
(Retd) R. Kumburegama
(OIC Kebitigollewa)
Tassie
Seneviratne (Retd)
Civil Society Organizations
Citizen's Commission on Expulsion of Muslims
from Jaffna 1990
Friday Forum
Movement for Justice, Peace and Reconciliation
Northeast Interfaith
Forum for Reconciliation
People's Council for Peace
and Goodwill
Peoples Association for Peace and Development
Swarna Hansa Padanama
Viluthu, Centre for Human Resource
Development
Field Visits
Ariyalai
Chenkalady
Batticaloa
Chettikulam D.S.
Chettikulam Manik Farm
Gurunagar Cultural Hall
Jaffna C.V.K. Sivagnanam
Jaffna Mrs Omar and Others
Kilinochchi D.S.
Mahatma Gandhi Centre
Mullaitivu D.S.
Muttur DS
Nedunkerni DS
Omarkai Farmers Front
Ottamavady D.S.
Pachchillapillai D.S,
Puttalam D.S.
St. Anthony's Church, Kayts
Trincomalee
Vadukkodai East, Sittankerny
Religious
Organizations
Bishop Daniel Thiagarajah
Bishop of Batticaloa
Brahma Sri S.K. Sharma
Cardinal Malcolm Ranjith & Others
Catholic Diocese of Mannar
Church of Ceylon
Congress of Religions
Duleep de Chickera Church of Ceylon
Jaffna Diocesan Laity Council
Ven Ananda Thero
Ven. Bengamuwe Nalaka Himi
Ven.Ellawala Mettananda Thero
Ven Medagama Dhammananda
Armed Services
Gotabaya Rajapakshe Jagath Jayasooriya Kamal Gooneratne
Roshan Gunatillake Sarath Weerasekera
Shavendra Silva Tisara Samarasinghe
Police
Anton Jeyanathan (Retd) R. Kumburegama (OIC Kebitigollewa)
Tassie Seneviratne (Retd)
Civil Society Organizations
Citizen's Commission on Expulsion of Muslims
from Jaffna 1990
Friday Forum
Movement for Justice, Peace and Reconciliation
Northeast Interfaith
Forum for Reconciliation
People's Council for Peace
and Goodwill
Peoples Association for Peace and Development
Swarna Hansa Padanama
Viluthu, Centre for Human Resource
Development
LLRC Final Press Release
PCO/LLAR/Media
2011.11.11
THE LESSONS LEARNT AND RECONCILIATION COMMISSION( LLRC) CONCLUDES ITS WORK- THE FINAL REPORT WILL BE HANDED OVER TO THE PRESIDENT ON 20 NOVEMBER
The Lessons Learnt and Reconciliation Commission (LLRC) officially concludes its work on 15 November, 2011. The Presidential Secretariat has advised the Chairman and the Commission that the final Report be handed over to His Excellency the President on 20th November at the President’s Office.
The LLRC was appointed by His Excellency President Mahinda Rajapaksa on 15 May 2010. The Commission held 57 public sessions and undertook 12 field visits at over 40 locations to talk to the people in the North and East and in other affected areas of the country. In response to its public notices, over a thousand people appeared before the Commission to make representations and the Commission additionally received and analyzed over 5100 written submissions. This public interaction activity in Colombo and throughout the country lasted nearly 11 months. The Commission also held unscheduled meetings with the general public especially in areas affected by conflict and in IDP settlements. The Commission revisited certain areas in the North and East in order to further clarify issues, verify information and formulate recommendations.
The Commission submitted its Interim Recommendations to the President covering issues relating to detainees, law and order, land, Illegal armed groups, and language in September 2010.
The Commission examined the progression of the conflict that afflicted Sri Lanka as well as looked ahead towards an era of healing and peace building in the country. It endeavoured to analyse submissions as well as other published reports, both local and international, relevant to its mandate in order to draw lessons, and make recommendations based on an analysis of the course of the conflict and its causes with a view to redressing grievances while taking the country forward to an era of reconcilitation and peace building.
The Commission was gratified that its work was facilitated by a significant cross-section of the citizenry of Sri Lanka who appreciated the Commission’ outreach work. The Commission’s analysis and recommendations are anchored on the ideas , opinions and observations made by those thousands who came before it to either make oral presentations or written submissions. The Commission facilitated this process of community consultation by holding public sittings particulary in the affected rural areas of the Country. Public sittings were held in the Districts of Jaffna, Mannar, Kilinochchi, Mullaitivu, Vauniya, Trincomalee, Batticaloa, Ampara, Moneragala, Anuradhapura, Kandy, Galle and Matara, and in Colombo.
Representations were heard or received from a broad spectrum of people and organizations, the general public, the academia, professionals, business leaders, defence officials, detained LTTE cadres, clergy and religious dignitaries, administrative officers, politicians, inter-faith groups, persons who had experienced the conflict first- hand, ex-LTTE members, former members of other armed groups, Citizens Committee representatives, NGO representatives, Sri Lankan expatriates and persons who have been generally affected by the conflict .
The Commission sought to ensure that the public sessions or written submissions were made in the language of choice of the respective persons. The oral submissions were simultaneously translated into a link language. Any person had the choice of making an oral submissions in public or in-camera. If any person had a concern about appearing in person before the Commission, he or she had the liberty to hand- over a written submission in person or send via post or through a third party. Fundamental to the Commission’s work methods were the principles of transparency, objectivity and impartiality. Accordingly all transcripts of the Commission’s deliberations at public sittings were published on the LLRC Web site .
The Commission’s recommendations focus on a broad range of issues vital for building post conflict reconciliation, stability and socio economic development. The Commission is confident that its recommendations would constitute a framework for action by all stakeholders, including the Government, political parties , and all communities. This framework would go a long way towards constructing a platform for consolidating post conflict peace and security as well as amity and cooperation within and between the diverse communities in Sri Lanka. The Commission believes that the Government, as well as all political parties and leaders must manifest political will and sincerity of purpose to take necessary actions to ensure implementation of the recommendations. The Commission makes an earnest appeal to all parties concerned, in particular to the Government to make all efforts to that end through consensual approaches..
The Commission wishes to take this opportunity to thank all those who helped in various ways to ease the burden of its complex and difficult mandate and to make its work a rewarding experience. The success of the Commission’s work will of course depend on the extent to which its recommendations are implemented, especially in the context of the tardy track record of successive Governments in that regard. The Commission wishes especially to thank all those persons and organizations who made a proactive choice to make presentations or sent written submissions, and the Media for its assistance in taking the message across, which motivated more people to come before the Commission.
Lakshman Wickramasinghe
Media Consultant LLRC
Final Report
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| Chairman handing over Final Report |
The Final Report of the Commission was handed over to the President on 20 November 2011.
Chapter 2 Ceasefite Agreement
Chapter 3 Overview of Security Forces Operations
Chapter 4 Humanitarian Law Issues
Chapter 5 Human Rights
Chapter 6 Land Issues : Return & Resettlement
Chapter 7 Restitution / Compensatory Relief
Chapter 8 Reconciliation
Chapter 9 Principal Observations & Recommendations
The Annexes to Chapter 1 – Introduction and Methodology provided the following information :
1.1 Notice inviting public representations
1.2 List of representations received
1.3 List of persons/members of organizations who made oral submissions in Colombo following written representations or requests
List of persons invited by the Commission to make oral submissions
1.4 List of Places visited by the Commission
1.5 Interim Recommendations
https://reliefweb.int/report/sri-lanka/report-commission-inquiry-lessons-learnt-and-reconciliation
https://groundviews.org/2011/12/16/the-official-report-of-the-llrc/
Some Responses to LLRC Report
Groundviewshttps://groundviews.org/2012/01/11/the-final-report-of-the-lessons-learnt-and-reconciliation-commission-a-response/
https://www.sundaytimes.lk/120129/Columns/focus.html
Amnesty International
https://www.google.com/url?q=https://www.amnesty.org/en/latest/press-release/2011/12/sri-lanka-report-falls-short/&sa=U&ved=2ahUKEwitqa3p0ayDAxWk2DgGHYeyBBAQFnoECAcQAg&usg=AOvVaw0exX-jC1c529VdUEU6e_t6
Crisis Group
https://www.google.com/url?q=https://www.crisisgroup.org/asia/south-asia/sri-lanka/statement-report-sri-lankas-lessons-learnt-and-reconciliation-commission&sa=U&ved=2ahUKEwj-1aWl0qyDAxWYzTgGHb_dCF04ChAWegQICBAC&usg=AOvVaw1Sn2lPNcrBuODoPAVl2Gg-
Human Rights Watch
https://www.google.com/url?q=https://www.hrw.org/news/2011/12/16/sri-lanka-report-fails-advance-accountability&sa=U&ved=2ahUKEwj-1aWl0qyDAxWYzTgGHb_dCF04ChAWegQIBxAC&usg=AOvVaw0FtACz1Xgk_q625Ynv8T4J
LLRC Recommendations
The observations & recommendations of the Commission are contained in Chapter 9 of the Report, pages 327 to 367.The recommendations are included in the National Plan of Action for the Implementation of LLRC Recommendations, which can be accessed via the link appearing under LLRC Action Plan below.
Past Commissions of Inquiry
"5.163 The Commission strongly recommends the implementation of the recommendations of the Report of the Presidential Commission of Inquiry Appointed to Investigate and Inquire into Alleged Serious Violations of Human Rights Arising Since August 2005, particularly those relating to further investigation and prosecution of offenders involved in the incidents of the death of 5 students in Trincomalee in January 2006 and 17 aid workers of the ACF in August 2006. Such action would send a strong signal in ensuring respect for the Rule of Law, which in turn tends to contribute to the healing process."
This is included in Section 9:120 of the National Action Plan.
LLRC Action Plan
The Cabinet of Ministers on July 25th approved the National Action Plan on the implementation of recommendations made by the Lessons Learnt and Reconciliation Commission (LLRC).
The Plan lists out implementation of recommendations according to Activity, Key Responsible Agency, Key Performance Indicator and Timeframe.
The action plan covers International Humanitarian Issues, Human Rights, Return of Land, and Resettlement, Restitution/ Compensatory Relief and Reconciliation.
The Plan was drafted by a committee headed by the Secretary to the President Lalith Weeratunga who was appointed by the Cabinet to oversee the implementation of LLRC recommendations.
"We take LLRC recommendations very seriously," Mr. Weeratunga said addressing the media at the Ministry of External Affairs on July 26th.
Briefing media on the progress made by his committee, the Secretary said the action plan prepared by the committee is not sacrosanct and any fruitful suggestions are always welcome.
According to Mr. Weeratunga, the committee has categorized 285 recommendations made by the LLRC and many have already been implemented.
Some of the recommendations will be implemented this year while the rest may be implemented next year after the budget for 2013 is prepared as the 2012 budget allocations to the ministries have been made before the release of the LLRC report last year, Secretary to the President said.
LLRC Action Plan Website
https://sitesatrisksl.wordpress.com/category/llrc-action-plan/
Conclusion
- Unlike at previous Commissions of Inquiry of a similar nature, the Commission did not seek the assistance of Counsel from the Attorney General's Department to assist the Commission.
- The Report of the Commission was generally accepted favourably by the local & international community, subject to some criticism.
- The procedure adopted to publicise the implementation of the recommendations was welcomed.
- The Commission was not called upon or equipped to investigate & inquire into any violations & therefore recommended that certain incidents brought to the notice of the Commission be fully investigated.
- The progress made in implementing the recommendations of the Commission up to the end of 2014 is recorded in the documents referred to above & available in the public domain.
- However, from 2015 onwards, there is no such publicity & not all recommendations have been acted upon. The conflicting views in this regard at different stages up to May 2014 appears below :
Source : https://www.cpalanka.org/infographic-llrc-implementation-statistics/
Many patriotic citizens responded to the call of the Commission & made submissions for its consideration. The Commission took serious note of them & produced its report. The success of its work will depend on the implementation of its recommendations.- End
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