The Government recently paid Rs. 100 million as reparation to those affected by the terrorist battle under the Access to Justice program of the Ministry of Justice. Minister Ali Sabry, speaking to the Sunday Observer, highlighted the success of this program as well as the Government’s reconciliation including the stance to be taken at the upcoming Geneva session in March.
On his recent statement about introducing new laws to control trade union action, the Minister said this is wrongly reported and that it wasn’t a statement to restrict the freedom of expression. However, taking examples from the world, he said he is in favour of introducing restrictions on sudden and ad hoc strike action in the essential service sector. “It’s about the public, not about the Government; the people are suffering as a result,” he said.
Following are excerpts of the interview:
Q: What is the Access to Justice program and its objectives?
A: The Access to Justice program is designed to create awareness among the people, throughout the island, about the services offered by the Ministry of Justice. It aims to reach them, find out their issues and assist them. By doing so, the ministry officials and the public both will be benefited. The ministry officials will understand the real situation on the ground rather than trying to solve problems from Colombo. So, the objective is to reach the people, find out about their problems and solve them.
Q: What are the activities under the Access to Justice program?
A: There are several activities. We have several areas under the Ministry of Justice such as courthouses, the Legal Aid Commission - which go to the area and provide legal aid to people, and so on. We have the ONUR (Office of National Unity and Reconciliation) which aim to create unity hubs and cultures where people come together. Also, the OR (Office of Reparation) is another method where we pay reparation or compensation for people to start their lives again. For example, during my Jaffna visit last week, we paid about 1,000 people Rs. 100,000 each, totalling Rs. 100 million. The Office of Missing Persons (OMP) counsels families of missing persons and find out their requirements. So, all the institutions which come under us are a part of the program.
Q: What is the aim of the recent program in the North under Access to Justice?
A: The whole idea of the Office of Reparation is to support families who have suffered due to civil disturbance and terrorism. We know that a lot of families in the North and the East were displaced during this period. It is our responsibility to find out their problems and support them. We have been doing that for a long time. But this time, we managed to source about 1,000 families who deserve that support and handed over cheques worth about Rs. 100 million. So that was a massive program.
Q: What are the other highlights of reconciliation work under domestic mechanisms?
A: ONUR carried out several activities. For example, in the Kokuvil Hindu College, we built a three-storey building with 12 smart classrooms. In 2018, about 70 students from this school went to Galle in the South during the floods to help them out. So, we want to recognise them and provide aid to build bridges between the North and South. ONUR also organised a meeting with about 50 former LTTE cadres who were rehabilitated to assess the rehabilitation program and their progress.
We also had a discussion with the Jaffna University students and academics to get their opinions on how reconciliation could be promoted. Regarding missing persons, we had about 400 inquiries, and are assisting to solve their problems. I personally got the opportunity to talk to several of the parents who have lost their children and I wanted to find out how we can help them. So, it was a good program to understand the real problems and try to help people and build bridges.
Q: How is the Government preparing for the UNHRC Geneva session to be held in March and what is the stance the Government will take?
A: If you look at the end of the terrorist battle, we have settled the main problems. The only thing now is to look back and see how we can close the wounds and help each other to move on.
Our position is that domestic mechanisms exist and they are working. These have to be used to heal wounds rather than third parties from the international community interfering. That would negatively impact real reconciliation and aggravate the situation, instead of healing wounds. Therefore, our stance is that a lot of progress has been made, and let us make further progress. We will tell the truth. For example, in the North and the East, there were issues and steps have been taken to resolve them. The OMP, ONUR and OR are strengthened and sustainable development goals are being achieved. So, we just want to showcase our progress to the world and ask them to recognise these changes taking place.
For example, we are amending the Prevention of Terrorism Act (PTA). Yahapalanaya couldn’t do that. Under the PTA, several people were pardoned. So, all in all, we have made good progress.
Q: What action is taken to enhance the justice system in Sri Lanka?
A: We have taken several actions. For example, during my visit to the North, we officially opened four new major court complexes: Jaffna, Kilinochchi, Mankulam and Mullaitivu. Likewise, we are developing the infrastructure, increasing the number of judges, changing old laws, recruiting more people to places like the Attorney General’s Department and so on. We are also digitalising the system. So, we are trying to overhaul the Sri Lankan judicial system, beginning from the Supreme Court to the Court of Appeal, and now High Courts and the other courts.
Q: What are the key legal reforms in the offing, particularly regarding the drafting of the new Constitution?
A: Actually, we need to wait for the draft to come. Basically, we are looking at a more workable, strong Constitution; a separate system of election with electoral reforms. We have given a mandate for them [committee drafting the Constitution] to look at the previous attempts, consult various stakeholders and come up with a draft.
Q: Regarding your recent statement about introducing new laws to restrict labour action, how do you address criticism that it’s unconstitutional and violates the freedom of expression?
A: No, we have not said that. This is wrongly reported. No one wants to restrict the freedom of expression. But in other parts of the world, there are restrictions on sudden and ad hoc strike action in the essential service sector.
It’s about the public, not about the Government; the people are suffering as a result. Public transportation, electricity, water, energy, and harbour are nerve centers of the economy. When they strike all of a sudden without any notice, the public is severely affected.
Many countries have different levels of protection for that. Some countries totally ban strikes. In other countries, the entire membership needs to be consulted before labour action and the majority must vote for it. Then the trade union needs to give 14 days’ notice so that the Government has time to sort it out. Some countries have a special court before going for essential service strikes.
They will assess to find out whether it should be allowed. There needs to be some sort of a balance between meeting people’s essential needs and the right of workers. Now, this is not a Government move. It is my opinion, having seen unfair strikes in the country.
Recently, there was a clash between a doctor and someone on the road in Kurunegala. For that, the entire hospital came out on strike.
A couple of weeks ago, a train taking some 300 tourists from Colombo to Badulla, suddenly decided to strike without any notice. Tourists had to be sent back to Badulla by sending buses from Colombo.
The tourists were saying that they would never come back to our country. So, this is destroying our economy and image.
While legitimate grievances of the labour force need to be looked into, they cannot be allowed to take the public into ransom. So, like any other country, these laws need to be reviewed.
Everyone needs to understand the challenges in our country and economic obstacles. The unions, the Government, public servants and all others need to cooperate for our recovery.