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April 30, 2024 [GMT]
Constitution making stuck for some reason - Sampanthan
[Saturday 2019-04-06 17:00]

The whole Parliament had agreed on formulating a new Constitution, but the process seems to be stuck for some reason, TNA Leader R. Sampanthan said. “Sri Lanka does not have a founding document on which the country and society is built on, which all can cherish, value and which is the ultimate law of the land,” Sampanthan lamented.

The whole Parliament had agreed on formulating a new Constitution, but the process seems to be stuck for some reason, TNA Leader R. Sampanthan said. “Sri Lanka does not have a founding document on which the country and society is built on, which all can cherish, value and which is the ultimate law of the land,” Sampanthan lamented.

  

Joining the committee stage debate when the Expenditure Head of the Finance Ministry was taken up, he questioned, “Do we have such a document? How can we survive as a nation, how can we survive in such a country when we don’t have in this country a constitution which can be accepted by the majority of the people of this country based upon a consensus, as much as possible a national consensus?”

He said the constitutional process to form a new constitution which began in 1998 is still at a standstill 30 years down the road. “You have no will to complete it and you want to keep the Tamil people as third class citizens. You want to supress them militarily. More than 50% of the Tamil population have left this country. Do you think that if you persist in your course of military action the rest would also leave? Is that your position?”

However, he insisted that the Tamil people are committed to finding a solution to their issue within a united indivisible Sri Lanka. On the issue of the UN resolution, he said the two issues of utmost importance in the country today are the implementation of the resolution co-sponsored by the Sri Lankan government and unanimously adopted by the UNHRC.

The first matter the UNHRC resolution is also based upon two investigations the first conducted by an independent panel appointed by the Secretary General of the UN comprising of three experts and the second investigation conducted by the UNHRC itself. “Both have come to the conclusion that war crimes and crimes against humanity were committed and that there were violations of international humanitarian and human rights laws during the civil conflict and that matters needed to be further investigated upon and determined.

Sri Lanka has not conducted any investigation of any sort, not even a domestic investigation and persist that they will not implement certain aspects of the UNHRC resolution. From the point of view of Sri Lanka there was only one report, the report of the LLRC which even that has yet not been implemented.”

Pointing to the plight of the people in the Wanni he said nobody knows what is happening in Wanni. “There are no humanitarian agencies in the Wanni and no NGOs there. They were all asked to leave in September 2018 and as such they cannot act independently and freely as they wish.”

“The International Group of Eminent Persons has found an absence of will on the part of the government of Sri Lanka in the present inquiry to investigate cases with vigour where the conduct of the security forces has been called into question.” He told the government that everything cannot be swept under the carpet, adding that their current approach can do immense harm to the country.

Sampanthan said that there were at least 350,000 people in the Wanni area based on their own investigations, adding that only 290 people came out. “What happened to the balance? Your estimate was that there were only 60,000 to 70,000 people living in the Wanni at the time. You sent food, medicines and food only for that number when there was a population of 350,000 in Wanni at the time? Why did you estimate the number at only 60,000 to 70,000? We conducted our own investigations into this matter and we were satisfied that there was at least 350,000 to 400,000 people living in that part of Mullaitivu at that time.”

However, he said they are not saying that all the armed forces who fought the LTTE on the instructions of the state should be blamed or punished. “The armed forces acted on the instructions of the Sri Lankan Government. But those responsible for domestic and international crimes including those responsible on the basis of command responsibilities and the chain of command should not be allowed to get away scot free. I say this in the long-term interest of this country. The truth should be ascertained,” he added.

  
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