Concerns on the Expansion of the

Mandate of the Commission of

Inquiry to Investigate into
Complaints Regarding Missing
Persons
July 25 2!"# $y Centre for Policy %lternatives
25 July 2!"# Colom$o &ri 'an(a) *he Centre for Policy %lternatives +CP%, is
deeply concerned $y the -overnment of &ri 'an(a.s +-/&', dilution of the
primary mandate of the Presidential Commission of Inquiry to Investigate
into Complaints Regarding Missing Persons +C/I,0 *hese concerns arise from
the -a1ette 2o0"345"3 issued on "5th July 2!"# expanding the mandate of
the C/I of 6hich the sole purpose 6as to investigate and inquire into
disappearances in the 2orthern and Eastern Provinces during the period
"st January "738 to "7th May 2!!70 CP% has from the inception of the
present C/I attended and monitored its pu$lic sittings engaged to ensure
grievances of a9ected communities are given due attention and advocated
for structural administrative and policy changes to advance the long term
goals of truth :ustice and accounta$ility0 CP% fears for the integrity of the
C/I in particular that its primary tas( of investigating and inquiring into
the thousands of missing persons in &ri 'an(a 6ill $e severely curtailed $y
the present ga1ette0 CP% therefore urges the authorities to ta(e immediate
steps to protect the integrity of the C/I $y revising the present ga1ette and
introducing much needed structural and policy reform0
CP%.s concerns 6ith the recent developments are t6ofold0 ;irstly several
questions arise regarding the expansion of the mandate to include inquiring
into a 6ide range of issues spanning from violations of International
<umanitarian 'a6 +I<', and International <uman Rights 'a6 +I<R',
including the recruitment of child soldiers and suicide attac(s to the
criminality of =nancial and other resources o$tained $y the '**E0 >hile CP%
recognises these are extremely serious issues that require independent
investigations the inclusion of such issues in the C/I 6ill severely hamper
the truth see(ing process and the addressing of the issue of the thousands
of missing and disappeared in &ri 'an(a0 CP% in its numerous documents
including its policy $rief on the present C/I issued on ?th March 2!"#
raised the critical point of families needing to (no6 the fate of their loved
ones if genuine reconciliation is to $e achieved0 ;urthermore CP% notes
that the present C/I 6as esta$lished as a result of a recommendation of
the 'essons 'earnt and Reconciliation Commission +''RC, +50#3, a
commission esta$lished $y the present -/&' 6hich speci=cally stated that
in light of the magnitude and sensitive nature of the phenomenon of
disappearances and a$ductions a separate and dedicated mechanism
should $e appointed to investigate complaints of disappearances0 *his point
6as su$sequently included in the 2ational %ction Plan +under 705",
introduced $y the -/&' a frame6or( cited regularly $y the -/&' as its
primary mechanism to address post@6ar reconciliation0 Moreover given the
sensitivity of the information shared CP% is concerned $y the lac( of victim
and 6itness protection mechanisms that are crucial to the 6or( of the C/I0
%ccordingly in the present context the expanded mandate puts an even
greater num$er of persons giving evidence at high ris(0
;urthermore CP% is concerned that an expanded mandate 6ill over$urden
a C/I that to date has received over "7!!! complaints $ut only managed
to intervie6 #?20 CP% has monitored the pu$lic sittings and raised concerns
a$out the nature of the sittings and provided recommendations to improve
its operations to facilitate greater sensitivity for the grievances of the
a9ected communities and to strengthen its primary mandate0 In light of the
large volume of complaints $efore the C/I and the importance of the issue
CP% $elieves the expansion of the mandate to include aspects not directly
related to the issue of disappearances is impractical illogical and seriously
erodes the integrity of the C/I0
*he second concern in terms of the ne6 ga1ette is the inclusion of an
%dvisory Council of International Experts +*he Council,0 *he present ga1ette
sets out in detail the expanded mandate of the C/I $ut is deli$erately
vague regarding the terms of reference of *he Council0 Many questions
remain as to the nature of 6or( of *he Council and ho6 they are to
support5interact 6ith the C/I0 % further concern is the independence of *he
Council0 Media reports indicate that *he Council is to $e funded $y the
Presidential &ecretariat and also cited past statements and =ndings of the
three individuals named in the ga1ette raising questions a$out the
independence and impartiality that is required and expected of such an
entity0
CP% is also concerned as to 6hether lessons have $een learnt a$out
involving international experts in domestic processes0 CP% engaged 6ith
and critiqued a previous Commission of Inquiry mandated to investigate "?
past human rights cases also (no6n as the Adalagama Commission 6hich
6as overseen $y the International Independent -roup of Eminent Persons
+II-EP,0 *he II-EP faced numerous challenges in its 6or( and departed
6ithin a year of $eing appointed citing several reasons including
interference $y the &tate and Ba lac( of political 6ill. $y the present -/&'0
*here is insuCcient evidence of any genuine reform having ta(en place
since the departure of the II-EP raising the question of as to 6hy
signi=cant resources 6ill li(ely $e spent on an entity that is shrouded in
secrecy 6ith questions raised a$out its independence impartiality and
integrity0 In the a$sence of a clear mandate for *he Council CP% is
extremely concerned that the fate of the II-EP or 6orse a6aits *he Council
there$y further eroding the prospects for truth :ustice and accounta$ility
for the victims and their loved ones0
In light of the present concerns $ased on limited information availa$le in
the pu$lic domain CP% urges the authorities to reexamine the latest
ga1ette and to ta(e immediate steps to protect the integrity and primary
mandate of the C/I of investigating and inquiring into the issue of missing
persons and disappearances0 CP% has consistently called for the need for
independent and credi$le investigations into allegations of I<' and I<R'
violations $y all parties and reiterates this call0
*he latest move $y the -/&' appears to $e yet another example of the lac(
of political 6ill and interest in addressing (ey issues fundamental to
achieving sustaina$le peace and reconciliation in &ri 'an(a0 It is time that
the -/&' steps upto its o6n national and international o$ligations as 6ell
as past promises0
Posted by Thavam