Thursday, 12 February 2015 01:28
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On 8 January, the people of Sri Lanka stunned a repressive government that had been rapidly centralising power and dismantling the institutions of democracy.
President Mahinda Rajapaksa, who sensed his increasing unpopularity, called an election two years early hoping to take advantage of his fragmented Opposition. To his surprise and the surprise of many observers, the Opposition unified behind a single candidate and a broad coalition of Sri Lankans voted to chart a new course.
Rajapaksa, under pressure from domestic constituencies and the international community, relinquished power within hours of the election results being published.
This was very welcome news. After suffering decades of conflict that is estimated to have cost as many as 100,000 lives, only to have the violence replaced by increasing repression, corruption, cronyism, and political and ethnic polarisation, the peaceful transfer of power has helped breathe life into the hopes of Sri Lankans for reconciliation and a more stable and prosperous future.
For that hope to become reality, newly-elected President Maithripala Sirisena will need to win the trust of all Sri Lankans, regardless of their ethnicity or political views. In too many countries democracy has been treated as an election rather than a way of governing. For it to succeed all citizens must have the ability to participate meaningfully.
Of course, democracy alone will not heal Sri Lankan society. No one knows this better than those who lost family, friends, and loved ones in the war with the Tamil Tigers. In the final months of that war, many thousands of civilians died, mostly from merciless shelling by the Sri Lankan military of civilians who had been uprooted by the fighting and held hostage by the LTTE.
The United Nations, the United States, other governments and human rights organisations have long called for independent investigations and punishment of those responsible for war crimes and crimes against humanity.
President Sirisena has pledged to launch a domestic inquiry into alleged war crimes, but the international investigation, already mandated by the UN Human Rights Council,can complement domestic efforts and help to overcome the suspicion and distrust associated with this issue.
To its credit, the Government has invited the UN High Commissioner for Human Rights to the country to complete his report. The High Commissioner could also assist in developing a credible plan to bring to justice those on both sides of the conflict.
While some might reflexively criticise outside help as an infringement of Sri Lanka’s sovereignty, the country has long sought and accepted aid from other countries, including the United States. No country after suffering such a divisive, destructive, and protracted conflict could manage such a complex process without help. The experience and independence of international war crimes investigators and prosecutors, and the support of the international community, should be encouraged.
It is heartening that President Sirisena has pledged to return the country to a parliamentary democracy with independent police and judicial institutions, and inclusive governance. As he stated in his inaugural address, what Sri Lanka needs “is not a King, but a real human being”. He has also committed to take steps to address the cases of those detained under the Prevention of Terrorism Act, many of whom are political prisoners. The reviews should be conducted expeditiously.
While the release of 572 prisoners at the time of Pope Francis’s visit on 14 January was a positive step, it is freedom for political prisoners that will demonstrate the Sirisena Government’s commitment to justice and reconciliation.
President Sirisena’s election offers an historic opportunity for all Sri Lankans to finally rebuild their country in a spirit of tolerance, respect, and common purpose. The United States and other nations should help him and his country succeed.
(Senator Patrick Leahy is the United States Senate’s President Pro Tempore Emeritus and the Ranking Democrat on the Appropriations Committee panel on the Department of State and Foreign Operations, which is responsible for the budget for United States foreign assistance programs.)