News
Wide range of powers for new Reconciliation Office to bring about national unity
View(s):By S. Rubathesen
A new state entity called the Reconciliation Office is to be set up and will be armed with a wide range of powers, including immunity from prosecution and the ability to raise funds locally and abroad as gifts.
Under the Bill, already gazetted, those who disobey its directives are liable to punishment through the Court of Appeal, and the offence is equivalent to “contempt of court.”.
The Office is being set up to promote and foster national unity, reconciliation, and peaceful coexistence in the country.
The office will come into existence if the proposed Office for National Unity and Reconciliation Bill is passed in the House. It is mandated to make necessary recommendations to the government and relevant authorities towards achieving national unity, reconciliation, and durable peace in the country and formulate a national policy and national action plan on reconciliation and coexistence. Any individual who wrongfully resists or obstructs any person attached to the office from carrying out duties or willfully provides false information to the office will be considered to be committing an offence of contempt against the authority of the office, according to the bill.
“Where the Reconciliation Office has reasonable grounds to believe that a person has committed the offence of contempt against the authority of the Reconciliation Office, the Reconciliation Office shall report such matter to the Court of Appeal.
Every offence of contempt committed against the authority of the Reconciliation Office shall be punishable by the Court of Appeal as if it was an offence of contempt committed against the Court of Appeal,” the bill adds.
The bill was published by the Ministry of Justice, Prison Affairs and Constitutional Reforms this week after being cleared by the Attorney General’s Department and the Legal Draftsman following approval given by the Cabinet of Ministers on August 28.
In addition, no order, decision, act, or omission of the office or any member, officer, or servant can be questioned in any proceedings or any court of law except in proceedings under Article 126 or 140 of the Constitution.
On writ jurisdiction conferred on the Court of Appeal by Article 140 of the Constitution, the bill adds that in relation to any order, decision, act or omission of the Reconciliation Office or any member, officer or servant thereof, should be exercised by the Supreme Court and not by the Court of Appeal.
The bill is among the recommendations proposed by the Cabinet Sub-Committee on Reconciliation. President Ranil Wickremesinghe heads the committee in terms of the Cabinet Memorandum titled Truth and Reconciliation Mechanism. Following the Cabinet decision, both Ministers—Foreign Affairs Minister Ali Sabry and Justice, Prison Affairs and Constitutional Reforms Minister Wijeyadasa Rajapakshe—visited South Africa to study the South African model and consulted relevant authorities before proposing a similar mechanism in the country.
Accordingly, the eleven-member office will consist of one ex-officio member not below the rank of an Additional Secretary to a Ministry and ten others based on the recommendations of the Ministers. All members are to be appointed by the President, with one of them being named chairperson following the recommendation of the subject minister. The members can serve for two consecutive terms or otherwise, with each term limited to three years.
The office will be able to draw money from the Consolidated Fund to cover its expenses as determined by Parliament and will be vested with the power to raise funds locally or abroad through grants, gifts, or endowments to carry out its mandate.
Meanwhile, the office and its officials are also immune from prosecution, as no civil or criminal proceedings can be instituted against any member of the office or any officer or official appointed to assist the office, other than for contempt against the authority of the Reconciliation Office, the bill adds.
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