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Implementing UNHRC recommendations problematic: Nimal Siripala

1 October 2015 05:58 pm - 11     - {{hitsCtrl.values.hits}}

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The implementation of the UNHRC, recommendations including the establishment of a war crimes tribunal, would create many legal issues in the country’s judicial system, as a new Constitution and a referendum would be required to implement the recommendations, the Sri Lanka Freedom Party (SLFP) said today.

The SLFP's senior vice president, Minister Nimal Siripala de Silva said the highest court in Sri Lanka was the Supreme Court and there was no hybrid court in Sri Lanka’s judicial system.

“The UNHRC report says that Sri Lanka needs to adopt feasibility legislation, specific legislation to facilitate a hybrid court mandated to probe war crimes committed by security forces personnel. We will need to change our Constitution in order to make room for a hybrid court, and we can’t make these happen overnight,” he said at a media briefing.

The minister also said the UNHRC had further recommended that new legislation should be enacted to criminalise war crimes, crimes against humanity, genocide and enforced disappearances, and said new laws would have to be enacted by parliament in order to criminalise these subjects.

“According to our law, if a new law was passed, we can’t apply that law to deal with what was done in the past. Therefore, if we are to introduce new laws and then to probe war crimes which were committed in the past, we will have to have a referendum to get the people's approval,” he said; adding that passing new laws and changing the Constitution were not simple procedures and many problems would would arise when attempts were made to do so.

He said the final position of the SLFP on the subject was not yet to decided as the special committee appointed by the party was still carefully perusing the contents of the final report adopted by the UNHRC.

The minister thanked President Maithripala Sirisena for his achievements at the United Nations and said the delegation had been successful in watering down the resolution to some extent. “However, our final stance on the resolution will be made public soon,” he said. (Lahiru Pothmulla)
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  • usuf Saturday, 03 October 2015 07:29 AM

    pls avoid creating politicaly motivated problems via DM Android App

    DJ Friday, 02 October 2015 08:21 AM

    SLFP you have ruined this country. Party born from a lie and continue to live it

    Sangaralingham Saturday, 03 October 2015 08:36 AM

    It is what we like they like me like you like it is the society that need to judge all of us. Cruelty fellow humans not only be condoned but identified the culprits and all the parties responsible must be identified censored criticized and must receive punishment to fit the crime. Done sooner the better the guilty identified and received their gifts or jail terms but more important need ti identify the victims suffered in all the saga.. of crimes but free to wonder around locally and abroad.must be free of social political moral guilt so history will judge us in years to come with honor and respect

    Samantha perera Friday, 02 October 2015 09:47 AM

    People voted you in to speak, act on their behalf and safeguard the security and sovereignty of the nation. UPFA manifesto did not mention to join or take Ministry positions in govt. if UNP gets into power. You should honour the wish of the people, if you have any credibility and not support the destruction of the country through the current dictatorship. Please wake up before it is too late.

    ruwan Friday, 02 October 2015 12:06 AM

    Thank you for raising problems. In fact that is the pastime for most politicians in this country. If there is a will there is a way. The truth must be found and the guilty punished,. Its very simple. Each of you will be coming out with new and differing opinions. Please just keep quiet and the UN machinery will take care. Referendum with Sinhala majority? You are of course joking.

    aja Friday, 02 October 2015 03:57 PM

    Well said ..

    Cheers Friday, 02 October 2015 03:01 AM

    Mate form a new govt and throw the current brackets who are pawning the country to international conspiracy

    sapu Friday, 02 October 2015 04:42 AM

    create a truth commission like RW said.

    kumar Friday, 02 October 2015 11:59 AM

    Its last chance, If Sri Lanka fails to demonstrate,no more opportunity for domestic inqiury and will face international war crimes along with economic sanctions

    Goliwog Friday, 02 October 2015 05:55 AM

    Hello Uncle! If the UNHRC recommendations are problematic, solutions have to be found to work around them. How can you call yourself a leader or as a matter of face a "Man" ?

    raj Friday, 02 October 2015 06:31 AM

    It is the last chance to Sri Lanka to demonstrate that it can make legislative changes to adopt hyprid court proposed by UNHRC and to conduct domestic inquiry on war crimes and human rights violations. If Sri Lanka fails to demonstrate, it will loose the opportunity to have domestic inqiury and will face international war crimes along with economic embargo.


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