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PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC
OF SRI LANKA
- 15.07.2014
The Gazette of the Democratic Socialist
Republic of Sri Lanka
EXTRAORDINARY
No. 1871/18 - TUESDAY, JULY 15, 2014
(Published by Authority)
PART I : SECTION (I) — GENERAL
Proclamations & C., by the President
P.S. No. CSA/7/8/15.
BY HIS EXCELLENCY MAHINDA RAJAPAKSA PRESIDENT OF THE
DEMOCRATIC SOCIALIST
REPUBLIC OF SRI
LANKA
Seal MAHINDA
RAJAPAKSA.
To :
1. Maxwell
Parakrama Paranagama Esquire
2. Madam
Dimingu Badathuruge Priyanthi Suranjana Vidyaratne
3. Madam Mano
Ramanathan
Greetings :
WHEREAS, the Report of the Commission of Inquiry on Lessons
Learnt and Reconciliation (LLRC) dated 15th November, 2011 in Chapter 9
entitled Principal Observations and Recommendations contains several
recommendations of the Commission framed within its mandate ;
WHEREAS, I have already set in motion a number of
initiatives to address the several concerns arising from the internal armed
conflict, such as, the Parliamentary Select Committee ; The Commission on
Lessons Learnt and Reconciliation; The programme for Rehabilitation of non-state
actors to the conflict ; The National Plan of Action for the Implementation of
the Recommendations of the LLRC ; The National Action Plan for the Promotion
and Protection of Human Rights ; The Courts of Inquiry and the Board of Inquiry
established under the provisions of the Army Act ;
WHEREAS, following these initiatives, outstanding progress
is being achieved by the institutional mechanisms set up under the above
initiatives as well as by all Government Ministries and Departments, to give
effect to the recommendations of the LLRC ;
PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC
OF SRI LANKA
- 15.07.2014
WHEREAS, in a spirit of compassion and the larger interest
of national reconciliation, peace and harmony among all the people of Sri Lanka,
I have secured the rehabilitation and resettlement of thousands of former
combatants of the LTTE and brought them into the mainstream of national life ; returned
over 3500 child soldiers of the LTTE to their parents and provided them with
opportunities to pursue their education and fulfill their potential as peaceful
citizens of Sri Lanka ; and encouraged several leaders of the LTTE to publicly
denounce and abandon violence and persuaded them to join the mainstream of
political life in the country to work together within a democratic framework, to
develop the country and collectively find peaceful solutions to the country's
political, social and economic challenges ;
WHEREAS, I am of the opinion that it is in the interest of
public welfare to make further inquiries into serveral other matters
specifically and generally referred to in the Report of the LLRC which require
further inquiry,
NOW THEREFORE I, Mahinda Rajapaksa, President of the
Democratic Socialist Republic of Sri Lanka, do in pursuance of the provisions
of Section 2 of the Commissions of Inquiry Act (Chapter 393), by these presents
extend the scope of the mandate of the Commission of Inquiry appointed vide
Gazette Notification 1823/42 dated 15th August 2013, to inquire and report on
the following matters that have been referred to in the Report of the LLRC, namely
:
A. The matters
referred in paragraph 4.359 of the Report of the LLRC. In this connection, the
Commission is hereby required to investigate and report on the following
specific issues :
i. The
principal facts and circumstances that led to the loss of civilian life during
the internal armed conflict that ended on the 19th May 2009, and whether any
person, group or institution directly or indirectly bears responsibility in
this regard by reason of a violation or violations of international
humanitarian law or international human rights law.
ii. Whether
such loss of civilian life is capable of constituting collateral damage of a
kind that occurs in the prosecution of proportionate attacks against targeted
military objectives in armed conflicts and is expressly recognized under the
laws of armed conflict and international humanitarian law, and whether such
civilian casualties were either the deliberate or unintended consequence of the
rules of engagement during the said armed conflict in Sri Lanka.
iii. The
adherence to or neglect of the principles of distinction, military necessity
and proportionality under the laws of armed conflict and international
humanitarian law, by the Sri Lankan armed forces.
iv. Whether the
LTTE as a non-state actor was subject to international humanitarian law in the
conduct of its military operations.
v. The use by
the LTTE of civilians as human shields and the extent to which such action
constitutes a violation of international humanitarian law or international
human rights law, and did or may have significantly contributed to the loss of
civilian life.
B. The
recruitment of child soldiers by the LTTE or illegal armed groups-affiliated
with the LTTE or any political party in violation of international humanitarian
law or international human rights law.
C. International
criminal activities of the LTTE and the application of financial and other
resources obtained through such illegal activities in the prosecution of the
conventional and guerilla war in Sri Lanka by the LTTE.
D. The suicide
attacks by LTTE using child soldiers and other combatants under the direct
orders of the leader of the LTTE, Velupillai Prabhakaran or any persons acting
on his behalf, and the culpability for such actions under international
humanitarian law or international human rights law.
PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC
OF SRI LANKA
- 15.07.2014
AND WHEREAS, I am of the opinion that it is expendient that
the said Commission of Inquiry should have the benefit of the advice of
distinguished international experts, whose internationally recognized expertise
and experience encompasses legal and other relevant dimensions of the matters
set out above. I hereby appoint the following to serve on an Advisory Council
to the Commission of Inquiry to which I may appoint other experts as may be
required from time to time, to advise the Chairman and Members of the
Commission of Inquiry, at their request, on matters pertaining to the work of
the Commission :
1. The Right
Honourable Sir Desmond de Silva,
QC (Chairman)
2. Sir Geoffrey
Nice, QC
3. Prof. David
Crane
Given at Colombo,
under the seal of the Democratic Socialist Republic of Sri Lanka on this 14th
day of July, Two Thousand and Fourteen.
By Order of His Excellency,
LALITH WEERATUNGA,
Secretary to the President.
PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA.
