A Factual Appraisal of the OISL Report: A Rebuttal to the Allegations Against the Armed Forces
Posted on March 17th, 2017

Author: Dharshan Weerasekera

Commissioned by – The Federation of National Organizations
Sponsored by – The Global Sri Lanka Forum

Editors :  Kalyananda Thiranagama
 Raja Gunaratne

Volume One

Federation of National Organizations
Colombo, Sri Lanka
27th January 2017

Dear Mr. Weerasekera,

Mandate

We wish to draw your attention to the following matters which form the background to our present request. On 9th February 2016, UN Human Rights High Commissioner Zeid Al Hussein ended his official visit to Sri Lanka with a statement where he said inter alia:

―Let me be as plain as I can: the international community wants to welcome Sri Lanka back into its fold without any lingering reservations. It wants to help Sri Lanka become an economic powerhouse. It wants Sri Lanka‘s armed forced to face up to the stain on their reputation, so that they can once again play a constructive role in international peace-keeping operations, and command the full respect that so many of their members deserve.‖ (‗Statement by UN High Commissioner for Human Rights Zeid Al Hussein, at the end of his mission to Sri Lanka,‘ 9th February 2016, www.reliefweb.int )

We are especially concerned by the High Commissioner‘s assertion that there is a stain on the reputation of Sri Lanka‘s armed forces. The aforesaid ‗stain,‘ presumably, is the allegation that the armed forced are collectively responsible (i.e. where the purported acts can be imputed to the command structure of the armed forces and thereby the State itself) for war crimes and other serious crimes purportedly committed during the last phase of the war.

To the best of our knowledge, the only Report especially one with the imprimatur of the UN or any of its subsidiary organs to level the above allegation is the OISL Report (OHCHR investigation on Sri Lanka), released to the public on 16th September 2015.

The Government of Sri Lanka by note verbale UN/HR/1/30 dated 15th September 2015 endorsed and accepted without reservation the conclusions and recommendations of the said Report. In a one-and-ahalf-page response (it should be noted that the OISL Report is a 260-page document) the GOSL said inter alia:

―Takes note of the Report of the OHCHR Investigation on Sri Lanka (OISL), recognizes fully that this Report represents a human rights investigation and not a criminal investigation, and will ensure that its contents as well as recommendations receive due attention of the relevant authorities including the new mechanisms that are envisaged to be set up‖ (Note Verbale Ref. UN/HR/1/30)

Meanwhile, on 29th September 2015, the GOSL co-sponsored UNHRC resolution A/HRC/30/L.29, which again endorsed without reservation the conclusions and recommendations of the OISL Report. The said resolution was subsequently adopted unanimously by the Council.

On the above occasion, Sri Lanka‘s Permanent Representative to the UNHRC stated inter alia:

II ―You have all seen our written response

Full Report

http://www.lankaweb.com/news/items16/Volume%20One%20-%20OISL%20Rebuttal%20by%20Sri%20Lanka%20(00000002).pdf

Also available on the The Global Sri Lanka Forum website

Volume One

http://globalsrilankanforum.com/downloads/2017/GSLF_In_the_Defence_of%20the_Armed_Forces_of_Sri_Lanka_Vol_01.pdf

Volume Two

http://globalsrilankanforum.com/downloads/2017/GSLF_In_the_Defence_of%20the_Armed_Forces_of_Sri_Lanka_Vol_02.pdf

3 Responses to “A Factual Appraisal of the OISL Report: A Rebuttal to the Allegations Against the Armed Forces”

  1. Hiranthe Says:

    Well-done dear patriots,

    We, the innocent Sinhala community have been beaten from all around. As long as we are keeping our silence thinking that these invaders will give up one day, we are facing a grave danger of losing our only place to live on earth.

    They will not stop until they get their pound of flesh, until they get this little Island for their own consumption.

    The innocent and harmless giant was hurt.. it has awaken and now opened up and decided to tell the truth to the world.. that is why GSLF has published this in cyber space whereas all LieTTE documents and their paid consultant’s reports are not available to public… because they are blatant lies which can be challenged by people..

    All UNHCR documents are also fabricated documents full of lies.. no evidence.. only fictional. This GLSF report is full of facts and true data… nothing to hide…

    Other armies in the world do not give a damn to civilians.. If any civilians dead… it is considered as co-lateral damage. Sri Lankan armed forces on the contrary, saved the civilians at the expense of their brother soldiers… died due to not using heavy weapons.. yet.. they are considered human right violators and barbarians by the same countries where their soldiers will kill anyone for their defense…

    How long can we tolerate this.. Whatever you did dear patriots,, will go to the history.. you will be considered as saviors of MOTHER LANKA.

  2. RohanJay Says:

    The Sri Lankan Army could have finished the LTTE off in January 2009 instead of May 19 2009. The reason the Sri Lankan army delayed the victory is because they didn’t want high civilian casualties as LTTE were hiding behind civilians being the cowards they are. Sri Lanka had to fight very carefully and slowly for nearly 4 and a half months to minimise civilian casualties as much as possible. As the Tamil civilians caught in the crossfire were also Sri Lankan citizens. Sri Lankan army wereever possible were helping civilians to safety whilst battling the final stand of what was left of a once feared terrorist group.
    It is only later in May 2009. That people like Gordon Weiss of the UN and Calum McCrae of Channel 4 UK made up the bogus claim of 40,000 civilians. Which was amazingly used by UN secretary general Ban Ki moon, US,UK and France etc and other countries to bring war crimes charges to Sri Lanka. Also matters were not helped at all when in Jan 15th 2015 in a stunning upset the mostly western puppet govt of Maithripala Sirisena was voted into power. As a good number of voters sick of being ostracised by the west stupidly thought the war that ended in May 2009 was ancient history and wanted to move sri lanka closer to the west and away from China and Russia as a good number of Sri Lankans have strong connections and property and relatives in western countries. Especially US,Australia, Canada, UK, Europe etc. The US under Barack Obama and Hillary Clinton (Two very popular western politicians in Sri Lanka at the time Jan 2015 with a lot people due to their western liberal racially inclusive views and Barack Obama being a black US president.)
    Well a lot of things have happened in the world since Jan 2015.

  3. Fran Diaz Says:

    Thank you, Sri Lanka PATRIOTS !
    Long live our PATRIOTS ! PATRIOTISM is the most precious item for Sri Lanka, now and always.
    Special thanks to Dharshan, GSLF, and Others for this Report and article – truly wonderful work here.
    In the end, it is a Legal issue with the OISL Report.

    ———-

    Sri Lanka response to the OISL Report says ” ….. human rights investigations and NOT criminal investigations, and will ensure … etc” (emphasis mine). Therein lies the whole crux of the matter – HR investigations and NOT criminal investigations.
    This must be brought out again and again, till Lanka govt & Armed Forces during the conflict are free of false accusations.
    Human Rights issues are common ground issues to be addressed in Lanka and the whole world. It is Work in Progress for the entire world. ALL in Sri Lankawill have to do what has to be done to address these issues … no small task, but it must be free of false criminal accusations.

    Much wrong has been done against the People of Sri Lanka due to Colonisation, Cold War/s, and Tamil Caste Wars tying up with Cold Wars. It is high time these wrongs are corrected.

    This is how I see the main issue of Tamil Separatism which is the main reason for the so called new Constitution. Do correct me if I am wrong here.

    Other real issues to be addressed :
    – That SRI LANKA PORTS (Air & Sea) ARE USED FOR PEACEFUL PURPOSES ONLY and this is added to the existing Constitution as an Amendment.
    – Remove the ILLEGAL 13-A through an Amendment. No need for a new Constitution.

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