The Hon. G.G. Ponnambalam

¶ 01 Hon. Presiding Member, at the outset, we agree in principle with the Hon. Minister of Justice and National Integration on these Amendments, especially to the Code of Criminal Procedure. Any step to use technology to make criminal justice more convenient and reasonable should be supported. Allowing evidence from abroad and permitting, under defined circumstances, the excusal of an accused’s presence should help reduce delays. There is more to do, and I congratulate the Minister for bringing these at last, acknowledging that gaps may remain which he can address.

¶ 02 I wish also to raise concerns about the rule of law and natural justice. In a Sinhala TV interview, the Hon. Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath, said legal action would be taken against those who claim genocide occurred during the war, especially in its final stages, asserting that such claims undermine reconciliation and cause division. That is an astonishing statement for a Foreign Minister—answerable to the international community—to make. Sri Lanka has not ratified the Rome Statute; we have not even recognized genocide as a domestic crime. You fear ICC exposure. Without criminalizing genocide, to threaten legal action against those who assert that genocide took place is absurd. Before the elections, the NPP avoided “war hero” rhetoric; after, at military events, we hear different tones. That contradicts professed reconciliation goals.

¶ 03 The State’s policies over 76 years, during war and peacetime, have systematically dismantled Tamil identity—that is our accusation. Today, at a meeting headed by the Hon. Prime Minister, the Government acknowledged that Sri Lankan history has been problematic for Tamils and that Tamils have legitimate reasons to be suspicious—referencing the controversial 28 March Gazette. If you accept that history has been injurious, then threatening those who speak of genocide while refusing to criminalize it and face due process is double-talk. Such comments chill free speech, mock human rights, and embolden those who would target people like me who genuinely believe genocide occurred and seek justice—ideally through an independent, international prosecutorial process. The Minister must withdraw those comments.

¶ 04 Second, Kurunthur Malai: a registered Sivan temple (registered with the Ministry of Hindu Cultural Affairs on 12 November 1981) has been desecrated and a Buddhist temple erected—an unresolved controversy. The only valid Gazette dates from the 1930s, declaring about 79 acres archaeologically sensitive. Under the Gotabaya administration, the Archaeology Department attempted to earmark an additional 340 acres for Kurundi Viharaya. President Ranil Wickremesinghe later rejected that, saying those were farmlands and must remain so. Despite this decision, the resident monk, with Police and Archaeology officials, has been arresting farmers in areas not covered by any new Gazette; two remain in remand custody from arrests two weeks ago. This is a rule-of-law issue. On what legal basis are they being arrested beyond the gazetted 79 acres? The Government must intervene, stop these arrests, and ensure those detained are released immediately.

¶ 05 Thank you.