The Hon. G.G. Ponnambalam

¶ 01 Hon. Presiding Member, I wish to make a few comments on the Human Rights Commission as its Head – Head 13 – is taken up for debate under today’s Committee Stage Discussion.

¶ 02 You might be aware that in the last Parliament I raised issues on this same Head regarding the functioning and credibility of the Commission because its Chairperson and some members visited the Northern Province and met families of the disappeared, who had been protesting for years. When they returned to Colombo, they issued a statement claiming that after speaking to those victim communities, they had agreed to compensation. That was completely untrue. I condemned it on record as false. I made this point even in 2023 during the previous Budget.

¶ 03 When we have doubts about the police, we expect the Human Rights Commission’s intervention. In the North and East the police are heavily militarized, operate in a counter-insurgency mode, and are hostile to the local population. Most officers there are on punishment transfers; they do not speak the language and are influenced by political forces. So, we rely on the Commission to investigate police misdeeds. That is our only domestic recourse. When the Commission behaved in that manner previously, we raised it.

¶ 04 Under the previous Government, when our party members and others were protesting at Thaiyiddy, the police sought a ban. The Magistrate refused, but set conditions for protests. We strictly observed them. Despite that, the Palaly Police, under the OIC, arrested our party members, the public, journalists, and even lawyers who came upon hearing that arrests were happening despite the Magistrate’s refusal to ban. Our lawyer who represented us in court came and was arrested. Eight complaints were made to the HRC: HRC/JA/165 to 172 in 2023.

¶ 05 On that day, the HRC Representative in Jaffna came to the site. The police refused to let him interview the victims, effectively besieging the protestors, and even threatened to arrest him. After the protesters were produced in court and bailed, they lodged complaints. To date, no inquiry. We were informed the Palaly Police complained to the HRC that the Jaffna Representative was under our influence, and the file was sent to Colombo. Fine. But still no inquiry. This Commission is crucial. If we question the legitimacy of police or any State institution, the Commission is the only avenue. If it is not independent and does not inquire, that is a major problem. That happened previously. I urge the present Government to emphasize that the Commission has the freedom and, indeed, the legitimacy to investigate, and that completing those investigations is vital. Otherwise, accountability claims by Government will be in doubt.

¶ 06 The Hon. Minister of Foreign Affairs, Foreign Employment and Tourism went to Geneva and made seemingly progressive statements about transitional justice: strengthening OMP, Reparations, ONUR, and legally establishing a Truth and Reconciliation Commission to look at wartime incidents. Not a word about criminal justice. In transitional justice, criminal investigation and prosecution are paramount. Without prosecutions, all of that is a cover-up. Without prosecuting those who committed genocide, it will end as a cover-up. I say this responsibly because on 27 August 2024, the current President publicly said there will not be one prosecution for wartime atrocities. He has said so several times. Then what is the Foreign Minister really saying? That there will never be accountability. People will go to a Commission, cry, hug, and that is the end. This is worrisome; the previous Foreign Minister Hon. Ali Sabry said the same—that TRC, OMP and ONUR were to ensure prosecutions never happen—and he bragged about it. If you came to power promising system change, you cannot have the same intentions. The President, whose Vote we debate today, must intervene to remain credible.

¶ 07 If the people in the North and East are to genuinely believe in system change, you must act differently. You cannot do the same as the previous Government.

¶ 08 On the Budget: there is a proposal to set up a development bank. I am unsure it is necessary. We already have development banks; wastage and mismanagement are the problems. The answer is not a new bank, but preventing wastage and facilitating low-interest loans, especially for the North and East where collaterals are weak.

¶ 09 On microfinance: Soon after the war, former CBSL Governor Dr. Indrajit Coomaraswamy publicly called it daylight crime to allow microfinance in war-affected areas; it drove people into debt traps and he recommended intervention. I urge this Government to look into it. Cancel those loans or at least ensure a 50 per cent waiver, particularly in the North and East and also Anuradhapura, which was badly hit.

¶ 10 On IT services: incentives previously benefitted the Western Province, especially Colombo. In the North and East, due to diaspora investments, activity is only now picking up. But all incentives end in April. Please continue them, at least for the North and East, which lag 30 to 40 years behind and are war-affected. Youth are focusing on this sector.

¶ 11 On Withholding Tax: my understanding is it increased from 5% to 10%. The tendency will be not to save; elders will be most affected as they depend on savings. With today’s cost of living, if their families do not remit from abroad, they will struggle.