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Saturday, March 08, 2008 - 8.33 GMT |
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HR Ministry regrets IIGEP’s haste to quit as
important probes begin
“Pubic Statement timed to coincide with HR Council
in Geneva” |
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The Ministry of Disaster Management and Human Rights
has regretted the haste with which the International
Independent Group of Eminent Persons (IIGEP), has
decided to terminate its participation in observing
and making recommendations on the functioning of the
Presidential Commission of Inquiry to Investigate
and Inquire into Alleged Serious Violations of Human
Rights, especially in the context of the public
inquiries that have started and are ongoing in two
important investigations, and where public inquiries
into the slaying of 10 Muslim civilians in Pottuvil
are also due to commence shortly.
The Ministry states: The public statements [of the
IIGEP] are calculatedly released whenever the Human
Rights Council meets in Geneva. The decision
communicated in November to relinquish their mandate
at the end of March has been given publicity once
again to coincide with the Human Rights Council
sessions even before the expiry of the IIGEP’s
mandated period.
The Ministry adds that the IIGEP which embarked on
its work in February 2007, has within a period of 8
to 9 months of the commencement of its mandate, and
prior to fulfilling a full year, decided to quit the
exercise, although mandated to function over a
period of one year.
Here is the text of the statement by the Ministry of
Disaster Management and Human Rights:
The International Independent Group of Eminent
Persons (IIGEP), is a unique structure hitherto not
encountered in any fact finding exercise anywhere in
the world and is mandated to function over a period
of one year. On 30 November 2007, the IIGEP by its
letter addressed to His Excellency President Mahinda
Rajapaksa, communicated its decision to end its
mandate by the end of March 2008. The IIGEP embarked
on its work in February 2007 which means that,
within 8 to 9 months of the commencement of its
mandate, and prior to fulfilling a full year, such a
decision to quit was taken.
The Ministry of Disaster Management and Human Rights
regrets the haste with which this decision was
taken, especially in the context of the public
inquiries that have started and are ongoing in two
important investigations, namely: the investigation
into the deaths of 17 aid workers belonging to the
Action Contre La Faim in Muttur and the killing of 5
youths in Trincomalee. Public inquiries into the
slaying of 10 Muslim civilians in Pottuvil are also
due to commence shortly.
In its public statement of 17 December 2007 the
independent Presidential Commission of Inquiry to
Investigate and Inquire into Alleged Serious
Violations of Human Rights (COI) has pointed out
that:
“The IIGEPs assert that they have attended 76
sessions of investigations of the two cases
investigated, namely; the killing of 17 Aid Workers
belonging to Action Contre La Faim in Muttur, and
the killing of 5 youths in Trincomalee.
The COI notes that in fact out of the total number
of 76 sessions of investigations conducted, only one
member of the IIGEP has been present at 37 of these
sittings while only 02 members have been present at
02 sittings and 03 members have been present at 01
sitting. (The total number of IIGEP members
appointed by the President is eleven). The attempt
to portray the Assistants as representatives of the
IIGEP at the proceedings is contrary to the
Presidential Invitation which only permits their
appointment “to provide necessary assistance” to a
Member of IIGEP. In any event only one or sometimes
two Assistants out of 10 Assistants have been
present at 76 sessions. 8 Assistants have been
present at 01 session while 02 have been present at
50 sessions. Thus the IIGEP has not been present to
observe over half the proceedings and therefore the
credibility of any comments made by the IIGEP must
necessarily suffer from the consequences of such
absence.
The COI is of the view that the IIGEP’s attempt to
observe (without a continued and uninterrupted
presence of at least one member of the IIGEP) the
working of the COI does not do justice to the
functions entrusted to them by the Presidential
Invitation and accepted by the IIGEP. The undoubted
Eminence and wide experience of the IIGEP cannot be
a substitute for on the ground observations by the
IIGEP. Otherwise the IIGEP will be reduced to making
their comments with regard to the work of the COI on
the basis of hearsay which is undoubtedly contrary
to international norms and will militate against the
credibility and value of such comments.
The COI further notes that due to the lack of an
adequate presence of the IIGEP at the sessions, the
collective wisdom of the eleven members of IIGEP is
unfortunately, not reflected in the observations of
the IIGEP as was intended in the Presidential
Invitation to the IIGEP.”
The Ministry has also noted that the IIGEP’s public
statements have been calculatedly released whenever
the Human rights Council meets in Geneva. The
decision communicated in November to relinquish
their mandate at the end of March has been given
publicity once again to coincide with the Human
Rights Council sessions even before the expiry of
the IIGEP’s mandated period.
The unique concept of the IIGEP is owned by the
Government of Sri Lanka and the 11 experts were
appointed in their individual capacities to this
unique structure with a one year mandate. Although
the 11 experts took a decision as far back as
November 2007 to relinquish their mandate at the end
of March, this does not mean that the concept of the
IIGEP has been dispensed with. If the present 11
experts, for whatever reason, feel that they do not
want to be part of the IIGEP after the end of March,
the Government of Sri Lanka may exercise its rights
to source and appoint such number of experts who
would be able to discharge the mandate given to the
IIGEP to observe and comment on the functioning of
the COI.
No doubt, if this is done, the new experts will be
able to observe and contribute towards the
functioning of the CoI in the most interesting and
significant phase of its proceedings – viz. its
public inquiries into the several important cases
before it.
7 March 2008
P. Dias Amarasinghe
Secretary, Ministry of Disaster Management and Human
Rights
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