Sri Lanka rejects High Commissioner Pillay’s call “to establish an international inquiry mechanism”
Posted on February 24th, 2014

Permanent Mission of Sri Lanka to the UN, Geneva

The Government of Sri Lanka (GOSL) has rejected the call by UN High Commissioner for Human Rights Navnanethem Pillay’s  “to establish an international inquiry mechanism to further investigate the alleged violations of IHRL and IHL and monitor any domestic accountability process in Sri Lanka”, saying “it gives scant or no regard to the domestic processes ongoing in Sri Lanka within the framework of the LLRC NPOA, and is politicized in premise”. The government said, the trajectory that has emerged with regard to the recommendation of the High Commissioner “reflects the preconceived, politicized and prejudicial agenda which she has relentlessly pursued with regard to Sri Lanka”, since just a week following the defeat of terrorism in Sri Lanka, on 26th May 2009 at the 11th Special Session of the UNHRC on Sri Lanka, and at subsequent sessions and reports. It is noted that the reference in the current report that “the High Commissioner remains convinced” for an “independent, international inquiry” demonstrates her persistent efforts against Sri Lanka. Sri Lanka said, “it is pertinent to question the factual basis for the High Commissioner’s initial formal call to the HRC for an independent, international investigation in May 2009 and its continuation, in order that the international community not be misled”.

GOSL made these observations in “comments” submitted to the draft report of the High Commissioner on 12 February 2014, ahead of the High Commissioner’s(HC) final report on Sri Lanka to the 25th Session of the UN Human Rights Council (HRC) which was placed on the OHCHR website today (24 February 2014).

Although on the last occasion when the HC reported on Sri Lanka to the 22nd Session of the HRC in March 2013,  GOSL’s “comments” were placed as an addendum to the report, ensuring the integrity of the HC’s report and the GOSL comments, and also that they were equally visible, the GOSL’s request this year that its comments be published as an addendum to the HC’s Report has been refused, and have instead been placed at a separate link under “Communications from Governments” which contains an assortment of correspondence from governments on a broad range of matters of specific concern to respective governments.

In its “comments” GOSL noting its “non-recognition and categorically rejected of resolution 22/1 that mandated the HC’s report”, observes that “it has nevertheless continued to make significant progress in its own reconciliation process, and has continued to regularly update the Council on such progress. In this context, GOSL rejects, without prejudice to its position of non-recognition of resolution 22/1, the High Commissioner’s claim that most of the recommendations made in her previous report to the Human Rights Council remain unimplemented”. GOSL has also “reiterated its categorical rejection of the conclusions and recommendations contained in the HC’s Report, which reflects bias and is tantamount to an unwarranted interference in the internal affairs of a sovereign State”.

In its detailed point by point “comments” on the HC’s report, GOSL has regretted that “the HC had raised concerns regarding a range of issues based on information of questionable veracity and arrived at conclusions in a selective and arbitrary manner”. It added that this included many she had raised during her August 2013 week long visit to Sri Lanka, “where the GOSL had requested the High Commissioner to provide factual evidence to substantiate allegations” and “to refrain from making general comments without a degree of specificity which would allow the GOSL to investigate and respond in a comprehensive manner”, which however had not been forthcoming.

The full text of GOSL’s “comments” on the HC’s draft report submitted to the OHCHR is attached and the Link is given below;

 The HC’s draft report submitted to the OHCHR

Geneva

24 February 2014

25 Responses to “Sri Lanka rejects High Commissioner Pillay’s call “to establish an international inquiry mechanism””

  1. S de Silva Says:

    The strongest rejection would be to have a majority vote in the SL Parliament to reject the UNHRC charges as highly selective and based on prejudice by excluding all other participants to the conflict and a very narrow period for investigations. Of course GLP has said somewhere that he will reject them. However it could carry so much more weight if there is a vote in the SL Parliament to back him up as the will of the people of SL to “shut Navi Pillai up and reinforce the rejection by SL”. S de Silva – London

  2. Lorenzo Says:

    Thank g~d we have Ravinathan Ariyasinghe in GENEVA and not that RAW agent Dayan J.

    If it was DJ by now he would have accepted it and justified it to the foolish govt. with some BS logic.

    I agree SL govt. should pass a parliamentary resolution AGAINST UNHRC demands and CONDEMNING Pee-illey for interfering in SL.

  3. Mr. Bernard Wijeyasingha Says:

    “Although on the last occasion when the HC reported on Sri Lanka to the 22nd Session of the HRC in March 2013, GOSL’s “comments” were placed as an addendum to the report, ensuring the integrity of the HC’s report and the GOSL comments, and also that they were equally visible, the GOSL’s request this year that its comments be published as an addendum to the HC’s Report has been refused, and have instead been placed at a separate link under “Communications from Governments” which contains an assortment of correspondence from governments on a broad range of matters of specific concern to respective governments.”

    If the comments of the government of Sri Lanka has now been lumped in a separate document where comments of other governments are also placed, then this is an act to dismiss the comments of Sri Lanka or to belittle it. A good response would be to take up the issue of the 13th amendment IMMEDIATELY and nullify it as a dead document now being used to divide the nation. The immediate response would be read by the UN that Sri Lanka is NOT TO BE DISMISSED THAT LIGHTLY.

  4. Sarath W Says:

    If Tamil Pilla wants an Independent International inquiry, the Sri Lankan government should insist that it is an inquiry from the beginning of the war to the very end. It should investigate the training and arming or the terror groups by India, the killing of all political opponents by the LTTE, massacre of Sinhala and Muslim villagers, Buddhist priests, attacks on industrial, economic and religious targets, suicide bombs etc,. Also inquire the role of INGO’s, Norway and other countries giving refuge to terrorists like Adel, Fr Emmanuel etc, and allowing transfer money to by weapons, allowing proscribe terror groups to demonstrate against democratically elected government.

  5. Fran Diaz Says:

    Ms Navi Pillai when she was appointed to the office of the UNHRC was keen to ‘get rid of INSTITUTIONALIZED DISCRIMINATION’ (I.D.).

    Does Institutionalised Discrimination exist in Sri Lanka ? NO. So why the actions against Sri Lanka when Lanka governments have been acting against terrorism only and not against the Tamil people. In fact, the Tamil people have been saved from terrorism. Where is the gratitude from international bodies such as the UNHRC for good work done in Lanka ?

    Also, when we look at the social history of the North, such I.D. existed in the North in the form of the Tamil Caste structure prior to Independence from Britain (1948). This was removed through the Prevention of Social Disabilities Act (1957) made law by then PM SWRD Bandaranaike. It enabled low caste children to actually enter the class room to follow studies instead of standing outside the classroom. It also enabled low caste Tamil folk to enter Hindu kovils. Such was the rapid social progress in Independent Sri Lanka (since 1948) with fair treatment toward all Tamil people. Where is the gratitude from the local Tamil people toward Mother Lanka ?

    Tamils of Lanka enjoy the same rights as everyone else in Lanka. In addition, they have the Vaddukoddai Resolution (1976) calling for Separatism by using Violence, as well as the Thesawalami Law (sale of Land to Tamil persons only) in place. This proves that Tamil people have rights (however inglorious, and inimical to the rest of Lanka !). Similar rights are NOT enjoyed by Other majority ordinary people of Lanka. Frankly, I cannot think of any country in the entire Democratic world that would have tolerated such resolutions such as V’koddai Resoln for such a long time.
    Surely, Ms Pillai must know all this !

    Ms Pillai – wither Justice for Sri Lanka from your UNHRC !

    ———

    Here is a summary of the Social Disabilities Act (1957) :

    Sri Lanka Consolidated Acts

    Prevention Of Social Disabilities Act (No. 21 of 1957) – Sect 3

    Interpretation

    3. For the purpose of section 2, a person shall be deemed to impose a social disability on any other person-
    (a) if he prevents or obstructs such other person from or in-
    (i) being admitted as a student to, or being employed as a teacher in, any educational institution,
    (ii) entering, or purchasing any article at, any shop, market or fair,
    (iii) entering, or being served at, any public hotel, resthouse, eating house, restaurant or any other place where articles of food or drink are sold to the public,
    (iv) obtaining any room for residence in a public hotel, resthouse, or lodging-house,
    (v) obtaining or using water from any public well, spring, water-pipe or any other source of supply of water to the public,
    (vi) entering, or obtaining the service provided at, a public hairdressing saloon or laundry,
    (vii) entering any public cemetery and attending or taking part in any burial or cremation therein,
    (viii) wearing any kind of clothes, head-covering or foot-covering at any place to which the public have access whether on payment or otherwise, or at the place of such other person’s employment, or in the course of such other person’s trade, business or employment,
    (ix) being carried as a passenger in any public vehicle or vessel,
    (b) if he prevents or obstructs such other person, being the follower of any religion, from or in entering, being present in, or worshipping at any place of worship to which followers of that religion have access, or
    (c) if he, being a public officer, does not perform or exercise any duty or power which he is legally bound to perform or exercise for the benefit of such other person, or
    (d) if he, being the proprietor of, or a person having control over, or a person employed as a worker in, a place to which the public have access whether on payment or otherwise, subjects such other person to any discrimination.

  6. SA Kumar Says:

    Fran Diaz -fully agreed PM SWRD Bandaranaike not only made law Prevention of Social Disabilities Act also promote Maha vidhiyalaya ( secondary school) so many other think to low level income people ( you can call low caste) .
    but big mistake he made passed Sinhala only language Act .those our cunning Tamil English educated ( you can call high caste) utilised this opportunity to brain washed (Vaddukoddai Resolution) law caste ( include VP) people against SL Govt since 1948 !

    only Bhuddist Sinhala leader can help Majority Tamil ( low caste) for ever from this cunning vella people ( eg: NP CM , Sampanthan ).

    In our 2,000 years history I believe always a Sinhala head protect Tamils time to time .

    This our live time We have MR !!! He will bring our problem to end before his political carry end (after all he finish VP&CO with in 3 years , do you this any think else is difficult for him !)

    as this Prevention of Social Disabilities Act implemented in correct time period , why 6A not have been implemented since it become law ???

  7. Fran Diaz Says:

    Kumar/Andy,

    In the future, we have stop using even the word ‘Caste’. I am using the word ‘caste’ at present because there are explanations to be done here, especially re past events in Lanka and India, as the Int. community has been hammering at Mother Lanka.

    In Lanka, classification of Society should never be on Caste lines.

    Good question : Why hasn’t the 6-A been implemented ?

    A Society anywhere in the world will be judged on how they treat the weakest members of their society.

  8. jayasiri Says:

    YES agree with all of your comments..BUT to pass a resolution in our Paliament, WHO will go ahead with that task for PRESIDENT TO ACT.

    Same applies to abolition of 13th amendment, are there any takers to PUT FORWARD this , so that the issue is taken up by our Parliament & carried out.

    I realize the LTTE, GTF, WTF or any other bodies compared to OUR LANKAN politicians ARE CORRUPT but NOT to the eextent of LTTE & Tamil diaspora. ONLY yesterday after BLAMING RAJAPAKSHA FAMILY for all the PROBLEMS in Sri Lanka, SriLanka GUARDIAN newspaper has STATRED an investigation, how LTTE rump operates, all family members are MILKING the funds collected to MAKE ELAM a reality.
    ONLY they have done is to build HINDU temples, & funds misused. POOR Tamils in EU, USA & UK are paying for their extravagance & CORRUPT practices in the UK & elsewhere. I feel ALL PATRIOTS should read GUARDIAN ARTCLE in yesterdays newspaper.

    I know corruption is not acceptable in any form, BUT considering what the Tamils are doing under the guise of a ELAM govt. in EXCILE or whtever, poor & rich who give money in the HOPE OF ELAM in some milanium or so, are hoodwined by these ROGUES.

    Coming back to OUR stuation we all agree that 13th AMENDMENT should e abolished, SO does a resolution to GENEVA, passed in our Parliament should be done before March 2014. WHO ON EARTH will take the task to do these. I feel our legal & other patriots should MEET PRESIDENT Rajapaksha and promote these ISSUES & get his approval.

    I know also that Dr. Chanak Bandarge of Australia & Dr.P. A. Samarweera have suggested many options BUT no one knows WHAT STAGE their efforts are at NOW. This is where WRITERS to Lanakweb should get together and see this through SOON.
    Thank you all…. I am just suggesting these options, BUT someone else has to move these forward……..J

  9. Fran Diaz Says:

    Kumar/Andy,

    I hope you read what Jayasiri has to say.
    Let’s act on that.

    Why don’t you inspire the Tamil community to approach GoSL & Pres MR to remove the 13-A as a token of gratitude for all that Lanka has done for the Tamil community of Lanka ? the Muslim community leaders could also join in a show of gratitude to Mother Lanka requesting also that the 13-A removed. The District as the unit of governance will ensure justice at grass roots levels for everyone.

    That would be the most fitting action and also convince the Int.Community of the true situation in Lanka i.e. that everyone wants Peace to Grow both Materially and Spiritually. It is up to the so called Minorities of Lanka to move on this matter – that is the most convincing proof of peace and proof of real gratitude to Mother Lanka.

  10. Lorenzo Says:

    “Does Institutionalised Discrimination exist in Sri Lanka ? NO.”

    WRONG

  11. Lorenzo Says:

    “Does Institutionalised Discrimination exist in Sri Lanka ? NO.”

    WRONG!

    Institutionalised Discrimination does exist in Sri Lanka.

    e.g. Vesawalami law, Muslim law, etc.
    e.g. “Sinhala colonization” allegation that PREVENTS Sinhalese from living in the north
    e.g. ACCEPTANCE of Tamil traditional homelands BS in the Endia-Lanka peace BS of 1987
    e.g. Tamils can live in Colombo but a Sinhalese or a Muslim cannot live in Jaffna
    e.g. MANY Tamil only schools in Colombo but NO Sinhala only school in Jaffna
    e.g. ONLY Tamil grievances are talked about. Sinhala grievances, nothing.
    e.g. ONLY Tamil grievances are talked about. Muslim grievances, nothing.
    e.g. ONLY Tamil grievances are talked about. Malay grievances, nothing.
    e.g. ONLY Tamil grievances are talked about. Veddha grievances, nothing.
    e.g. ONLY Tamil aspirations are talked about. Sinhala aspirations, nothing.
    e.g. ONLY Tamil aspirations are talked about. Muslim aspirations, nothing.
    e.g. ONLY Tamil aspirations are talked about. Malay aspirations, nothing.
    e.g. ONLY Tamil aspirations are talked about. Veddha aspirations, nothing.

  12. Fran Diaz Says:

    Lorenzo,

    The Institutionalized Discrimination among the Tamil population is CASTE. This is the oldest form of Discrimination and has lasted some 3,000 yrs. coming from India.

    The Discrimination Tamils of the North show to Others of Lanka at present are more recent and not institutionalized for thousands of years. Same for the Muslim Laws in various amounts in the East mostly.

    Let the Tamil & Muslim voting population show that they are for a Unitary Sri Lanka by requesting the Parliament (better than just GoSL & Pres.MR) to remove the 13-A.

  13. Nanda Says:

    SWRD made LAWs. JR made LAWs. What is MR doing ? NOTHING !
    JR was Raped and 13A evil came out of his ass.

    Just get rid of it NOW and make 1 LAW to stop mouths of TAMIL and other RACISTS. Be a man, Mahinda Ayya.

  14. Lorenzo Says:

    Fran,

    It does NOT matter thousands of years old or new.

    Institutionalised Discrimination is Institutionalised Discrimination.

    Institutionalised Discrimination DOES exist in SL. I have given examples. PLENTY more available.

    Tamil caste problem is NOT LAW but Vesawalami is law!! That makes it WORSE.

  15. Lorenzo Says:

    “SWRD made LAWs. JR made LAWs. What is MR doing ? NOTHING !”

    Absolutely!

    The ONLY law MR made was the 18th amendment = extending his term to 3 from 2. GREED!

    This is the legacy MR leaves behind and UNP will be the BIGGEST beneficiaries.

    I’m sure MR will die without benefiting from his term extension. Greed leads to misery. Premathasa killed tens of thousands of people over 13 years just to become president but after just 3 years he died.

  16. SA Kumar Says:

    Fran Diaz /jayasiri
    Why don’t you inspire the Tamil community to approach GoSL & Pres MR to remove the 13-A as a token of gratitude ? NO !
    My Sinhala brother this is big mistake you are making again & again this is only enough for our cunning english educated Tamil polition to brian washed us to act against you for ever.

    if you want full support from Tamil (low income) people to unit our community for ever .

    We should implement fully 13A & 6A & settle 100,000 Bhuddist sinhala family in NEP !!!
    I do not want to explain you all what are benefits we both get from above proposal to live happy for ever .
    (eg: Tamil happy with their identity protected , shinhalese happy no more worry about seperation & no more worry from indian invaders etc….)

    If you all agreed with proposal please let me know !!!

  17. Fran Diaz Says:

    Lorenzo,

    Tamil CASTE system is tied to worse than law of the land. It is tied to their religion. Even though India has laws against Caste discrimination, the mind set of Caste is still in society there. Also, the word Caste is still in Tamil Nadu local govt. structures.

    There is no such mention of Caste even in the Social Disabilities Act of Lanka. Thus the madness for Eelam in Sri Lanka.

    Sri Lanka is made the ‘whipping boy’ for all problems coming from Tamil Nadu.

  18. Lorenzo Says:

    Fran,

    No. There is little the govt. can do to Tamil caste system but it CAN SCRAP Vesawalami law and other institutional discrimination.

  19. Lorenzo Says:

    Check this out.

    Earth by night. Relatively PROSPEROUS areas are well lit up.

    North Korea is COMPLETELY DARK.

    Endia also has many bright spot meaning many prosperous Endian parts.

    SL is also in DARK except for Colombo district, Amparei, Trinco and Jaffna.

    Go to google and type

    geology.com/articles/night-satellite/satellite-photo-of-asia-at-night-lg.jpg

  20. Fran Diaz Says:

    In Sri Lanka, what prevails : Laws of various Religions or the Law of the Land ?

    In Sri Lanka, we have a mix of Roman/Dutch/British Laws which have not really been updated either from Colonial times. The 6-A is not implemented to safeguard the country from Separatists, nor has the 13-A been removed. So what kind of Law prevails in Lanka ?

    GoSLs since 1970s have been kept destabilized along with the entire country by various uprisings from the masses. First the JVP insurrections and next the LTTE terrorism. After some 500 yrs of Colonisation which powers neglected the masses, Lankan does not appear to have adequate means to handle mass problems. The Cold War/s made/make matters worse, as Cold War players insist on govts. taking ‘their side’. India and their religio-politics also impinge on Lanka. Also Ex-Colonists have their own ambitions. We have to be aware what these forces are and stay away from stuff that we cannot handle.

    Is the resultant force from all the past and present problems going to be Peace or more Strife ? It is up to us all to recognize the REAL problems and not imaginary ones, and address those problems in a realistic manner.

    It is high time the People realized this and NOT blame President/s or even GoSLs. Time to UNITE to govern the country properly and stay NON-ALIGNED. Put the Live of People and their Needs first, and People before rampant Profits, and we can’t lose. It’s a win-win situation !

  21. Fran Diaz Says:

    read as : Lives of People ….

  22. Lorenzo Says:

    Fran,

    Without removing INSTITUTIONALISED DISCRIMINATION against Sinhalese and Muslims people will not simply unify.

    Govt. had all the time to SCRAP 13 amendment and Vesawalami law.

  23. Fran Diaz Says:

    Lorenzo,

    Many GoSLs had time to scrap the 13-A & activate the 6-A. Pleasing India & the West seems more important.

  24. Fran Diaz Says:

    Lorenzo,

    Re Institutionalised Discrimination : There are different types of Discrimination, varying in degree of imposition and duration.
    Some of it can be got rid of through implementation of the Law.

    Of the Institutionalised Discriminations I know, the Indian Caste system, & types of Slavery seem the most intractable.

    Basically, it is always due to some type of Labor problem. Some Modernisation & Mechanisation will help. Meditation brings Wisdom to see problems clearly and solutions thereto with harm to none, or at least done with the least amount of harm.

  25. Lorenzo Says:

    Fran,

    Excuses don’t work.

    GOSL should get rid of these Institutionalised Discrimination that exist in Sri Lanka.

    e.g. Vesawalami law, Muslim law, etc.
    e.g. “Sinhala colonization” allegation that PREVENTS Sinhalese from living in the north
    e.g. ACCEPTANCE of Tamil traditional homelands BS in the Endia-Lanka peace BS of 1987
    e.g. Tamils can live in Colombo but a Sinhalese or a Muslim cannot live in Jaffna
    e.g. MANY Tamil only schools in Colombo but NO Sinhala only school in Jaffna
    e.g. ONLY Tamil grievances are talked about. Sinhala grievances, nothing.
    e.g. ONLY Tamil grievances are talked about. Muslim grievances, nothing.
    e.g. ONLY Tamil grievances are talked about. Malay grievances, nothing.
    e.g. ONLY Tamil grievances are talked about. Veddha grievances, nothing.
    e.g. ONLY Tamil aspirations are talked about. Sinhala aspirations, nothing.
    e.g. ONLY Tamil aspirations are talked about. Muslim aspirations, nothing.
    e.g. ONLY Tamil aspirations are talked about. Malay aspirations, nothing.
    e.g. ONLY Tamil aspirations are talked about. Veddha aspirations, nothing.

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