Wide ranging powers for Truth, Unity and Reconciliation Commission

Evidence given by any person before the proposed Commission for Truth, Unity and Reconciliation in Sri Lanka will not be admissible against him or her in any civil or criminal court, according to a new bill.

Gazetted by Minister of Foreign Affairs Ali Sabry, the bill vests the Commission with a wide range of powers to investigate, inquire into and make recommendations on incidents such as loss of life, damage to properties, and violation of human rights due to the conflict period from 1983 to 2009 in the North and Eastern provinces, or its aftermath.

“No evidence of any statement made, or given, by any person to or before the Commission for purposes of the Commission shall be admissible against that person in any action, prosecution, or other proceedings in any civil or criminal court,” it reads.

The Commission is required to submit its final report to the President at the end of its five-year term with interim reports in-between, detailing its activities along with recommendations. However, “those recommendations shall not be deemed to be a determination of civil or criminal liability of any person,” the bill stressed.

Where it concerns an inquiry into the disappearance of a person – which comes under the purview of the Commission – such cases need to be deferred “if requested by the Office on Missing Persons... until such time when the Commission could resume such investigation without compromising the inquiries conducted by the Office on Missing Persons”.

The Commission can proactively gather information over the matters relevant to its mandate or act based on complaints it receives to “restore the dignity of aggrieved persons by providing an opportunity for them to give an account of the alleged damage or harm caused to persons or property, loss of life or alleged violation of human rights,” while giving special attention to the experiences of women, children and persons with disability, according to the bill.

While the composition of the members of the Commission ranges from a minimum of 7 members to 21 (appointed by the President), its term is limited to 5 years and can be further extended up to 1 year through a Presidential Order. It can also raise funds from abroad that should be channeled through the External Resources Department of the Treasury.

The Commission can summon any individual to testify or produce materials before it, and the failure of anyone to do so will be considered as equivalent to the punishable offense of contempt committed against the Court of Appeal.

The Finance Minister of Japan is due in the country next week in what should be a significant step in the rehabilitation of Sri Lanka's economy from the dumps of 2022. Japan has long been an all-weather friend. The 'soft spot' for Sri Lanka extends to its 'soft diplomacy as a member of the 'Quad', the four-nation security grouping with India, Australia and the USA to keep a tab on China's growing influence in the Indian Ocean and beyond.

Sri Lanka made a total hash of its relations with Japan when it scuttled a monorail project given on the easiest of terms. It was a criminal act by those responsible in that Government, and Bangladesh was the beneficiary of Sri Lanka's rogue officials of the day. Fortunately, relations are back on track, and Japan has forgiven, but surely not forgotten.

Finance Minister Shunushi Suzuki was at the forefront of Japan's endeavours to win the support of creditors in Sri Lanka's debt restructuring efforts all of last year. Japan has indicated its willingness to invest big-time once again in this country once the restructuring steps are done and dusted.

It has stated that it stands ready to reignite the economic partnership between the two countries, and revitalise stalled projects once the debt restructuring process is complete. Its large corporations also await entry into the Sri Lankan economy through its private sector.

However, Sri Lanka is yet to come up with a priority list, with various ministers seeking help directly from Tokyo sans any coordination with the Treasury or ‘by your leaves’ from the Foreign Ministry.

Maximum advantage must be taken from Finance Minister Suzuki's visit for Sri Lanka's recovery from the ruins of bilateral diplomacy in 2019, leading to the ultimate economic crash of 2022.