EDITORIAL


COVER STORY


- A Precious Gift to Humanity

INTERNATIONAL SOLIDARITY

- The Other Side of the Kingdom

- Convention Now!
AFAD FEDEFAM
Together Now!


- Tying the Future with the Past

- Getting Back on Track


 INTERNATIONAL LOBBY

- Still Fighting

- In Memory of the Disappeared

- The Power
 of One


PHOTO ESSAY

- Protect All Persons From Enforced Disappearances

NEWS FEATURES

- Building on Nilo’s Legacy

- Filipinos Fight Against Disappearances

- Justice Suspended

- The Munir Murder - Another Case of Impunity

STATEMENTS
/REPRINTS

- FEDEFAM Statement...

- An Open Statement to the GRP and NDFP Panels ...

- Parvez Imroz’ Award...

Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances
 


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances
 


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances
 


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances
 


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances
 

 

NEWS FEATURES:

 

by Rukshan Fernando

 

 

Justice Suspended

 

edition.cnn.comThe Human Rights Council made a positive stamp in history when it adopted the Draft Convention for the Protection of All Persons from Enforced Disappearances on 23, June 2006. It initiated a step towards truth and justice and brought hope to the many families living in the "dark shadow of fear." Thousands of relatives and friends of the disappeared around the world rejoiced upon this good news.

This sense of hope, however, became short-lived in Sri Lanka, a country where more than 60,000 people have reportedly been "disappeared." Barely a month after the adoption of the Convention, the National Human Rights Commission, the region’s premier statutory body mandated to promote and protect the rights of the citizens, put on hold the investigations on over 2000 cases of disappearances "until special directions are received from the government."

This suspension of justice is a betrayal to thousands of families yearning for justice and redress that have already been long overdue. It is a backward development that must be gravely etched beside the names of the newly appointed commissioners of the said local human rights body.

Abandoned commitment

Struggling to survive the devastation caused by human-made and natural disasters. (europa.eu.int)In 2005, the NHRC implemented a project that had sought the inquiry into all existing information on disappearances. The body’s Committee on disappearances and the Presidential Commissions of Inquiry into Disappearances worked together to study the gathered data on the reported cases. Furthermore, it took on the load of the All Island Commission on Disappearances, which failed to process 16,035 complaints due to limitations in its mandate.1 Later, it reduced the number of complaints to 2,000. According to Kishali Pinto Jayawardena, a veteran human rights columnist, "it is the hearing of these complaints that the present Commissioners had decided [for stated and unstated reasons best known to them] to jettison.2"

Fallacious claims

According to the former manager of the said project, the recommendation he submitted seeking more funding to sustain the operations was rejected for the reason that "the findings will result in payment of compensation, etc." Such statement doesn’t justify why an independent body be dependent on government instructions.

The Committee’s claim that it is still awaiting special directives from the government already runs contrary to the mandate it has sworn to do: investigate by its own motion, with or without complaints from victims and third parties, allegations of an infringement of fundamental rights.3 It also violated the Paris Principles4 which maintains that the NHRC should "freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority."

The Paris Principles are the standards to which the NHRC committed itself to as a member of the Asia Pacific Forum of National Human Rights Institution and as an accredited Commission of the International Coordinating Committee of National Human Rights Institutions.

It is an extremely sorry state of affairs considering that the country’s premier statutory body for the protection of human rights depends on the government’s orders. This further cast doubt upon the NHRC as the government is alleged to be the perpetrator of the cases of disappearances it investigates.

Moreover, it is clearly stated in the Paris principle that this institution must be "independent of the Government and not be subject to financial control which might affect its independence." Dependency to government funding, therefore, is not a valid reason to offer the many victims affected by the issue of disappearances. Besides, records showed that external donors funded its projects such as the Internally Displaced Persons Project, Disaster Relief Monitoring Unit, including this particular project on disappearances.

Questions are out there but no valid answers are given. Ambiguities continue to shroud the truth.

Degraded Credibility

Consequently, the recent decisions and actions of the NHRC have only made the worst fears of the Sri Lankan community come true – the Chairperson and Commissioners directly appointed by the President has pledged loyalty to the government and tossed justice out the backdoor. Constitutional processes have been bypassed in the appointment of these people; unconstitutional transactions have, therefore, also been made.

Doubt in its credibility has also been reflected internationally. External funding agencies are no longer keen on funding the Commission knowing it is headed by arbitrary officials.

Shameful truth

Residents sift through the trail of destruction along the coastal railway line in the southern Sri Lankan town of Lunawa after tsunami lashed more than half of Sri Lanka’s coastline.(www.abc.net.au)Sri Lanka is one of the members of the Human Rights Council. It is one of the countries who adopted the Convention and promised to protect the people from disappearances. It is a shame then that its government failed to live up to its commitments. Acts of enforced disappearance has resumed in the North. Where is the NHRC at this time when the country needs it? Whose rights does it need to protect? Where do the rights and dignities of the people lie in their priorities? Where is the integrity now in carrying out the duties they have sworn before their countrymen and for the citizens?

Endless wait

When will justice come? Till when do families need to wait?

To take action in the face of a corrupt government entails risks to life and loved ones.(www.tamilnation.org)According to the former manager of the disappearance project, many complainants are already old, feeble and in dire circumstances, yet justice remains elusive. Impunity continues to run amok. Families cannot find closure in their lives. Traumas repeat themselves in the subconscious hampering the daily functions of the victims. Relatives of the disappeared suffering from poor economic conditions cannot claim inheritance as cases have not been heard and disappearances have not been confirmed.5

The UN High Commissioner for Human Rights and her office, particularly the National Human Rights Institution must intervene soon and call for the resumption of the cases’ processing. The International Coordination Committee and the Asia Pacific Forum of National Human Rights Institutions must also seriously consider the accreditation and membership of the Sri Lankan NHRC. Most importantly, civil society – in Sri Lanka and outside – must rise up against this blatant act of injustice towards the families of the disappeared and ensure that justice soon prevails.

So long as justice is left hanging, so are the lives of the victims.

 

(Footnotes)

1 Official webpage of the Sri Lankan Human Rights Commission-http://www.hrcsl.org/projects/database/database.php

2 Kishali Pinto Jayawardena – Focus on Rights – The Sunday Times, July 23, 2006

3 Based on Art.14, Parliament Act 21 of 1996. Establishing the National Human Rights Commission, http://www.hrcsl.org/about/act/HRActenglish.pdf

4 Principles related to the status of national institutions, http://www.nhri.net/pdf/ParisPrinciples.english.pdf

5 Namini Wijedasa, "Un-inquired disappearances will hamper victims’ families, Sunday Island, 23 July 2006.

 

Rukshan Fernando is Sri Lankan by nationality. He works as head of the Human Rights Defenders’ Program for Forum Asia.

 The Voice

Vol. VI No.1 November 2006

Copyright 2007  AFAD - Asian Federation Against Involuntary Disappearances
Web Design by:
www.listahan.org