Appoint a commission to investigate wrong doing in OISL report in Sri Lanka
Posted on February 28th, 2019

Open letter to the Ambassadors/ Permanent Representatives of 48 Member States of the Human Rights Council From Global Sri Lankan Forum Executive Committee.

Dear Sirs,

Appoint a commission to investigate wrong doing in OISL report in Sri Lanka

There exists a threat to the world peace and security by the Human Rights Council Resolution 30/1 by giving impunity to the terrorism, by not defining the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist organization and by not asking an international criminal investigation for the perpetrators of financing terrorism in Sri Lanka. The Human Rights Council did not respect and fulfill his obligations to the UN Global Counter-Terrorism Strategy and most importantly the right to life.

In the United Nations ”Security Council Resolution 1315”  dated 14th  August 2000, in the preamble paragraph no. 5 on Sierra Leone, it is written that:

Recalling that the Special Representative of the Secretary-General appended to his signature             of the Lomé Agreement a statement that the United Nations holds the understanding that the amnesty provisions of the Agreement shall not apply to international crimes of genocide, crimes against           humanity, war crimes and other serious violations of international humanitarian law.”

The Human Rights Council Resolution no. 25/1 of 9th April 2014, Promoting reconciliation, accountability and human rights in Sri Lanka”, in paragraph 9, defined the situation of the past armed conflict in Sri Lanka as combat terrorism”.

OHCHR Investigation on Sri Lanka (OISL) which was formed by the Human Rights Council Resolution 25/1 had changed the definition of the past armed conflict without any explanation and authority from the Human Rights Council from combat terrorism to an internal armed conflict” in his report in paragraph 1141.

In paragraphs 168 and 661 of the OISL report, Liberation Tigers of Tamil Eelam (LTTE) was defined as a non-state armed group but not as a terrorist organization even if in the report accepted war crimes and crimes against humanity of the Liberation Tigers of Tamil Eelam (LLTE) were well written such as:

Expelling Muslim and Sinhalese communities, conducting assassinations and attacks on civilian targets, unlawful killings, abduction and forced recruitment, recruitment of children and use in hostilities, impact of hostilities on civilians and civilian objects, control of movement, denial of humanitarian assistances.”

OISL report also had created a paper so-called genocide in Sri Lanka by the breach of the Guidance and Practice of the Commissions of Inquiry and Fact-Finding Missions on International Human Rights and Humanitarian Law” (https://www.ohchr.org/Documents/Publications/CoI_Guidance_and_Practice.pdf).

The OISL report used religious discrimination by using a suspicious religious source for the base as the proof of the so-called paper work genocide without taking into account of the United Nations bodies’ reports in Sri Lanka. To protect the honor, pride and the prestige of the Human Rights Council and the Office of the High Commissioner for Human Rights, a special investigation should be open for the reporters of the OISL report. Any breach of the Guidance and Practice of the Commissions of Inquiry and Fact-Finding Missions on International Human Rights and Humanitarian Law” by the Office of High Commissioner for Human Rights, staff can never be under the immunities for the reporters to protect the United Nations.

The Human Rights Council Resolution 30/1 must be defined as an international wrongful act of an international organization. The international community has an obligation not to recognize as lawful the Resolution 30/1 unless the Liberation Tigers of Tamil Eelam (LTTE) is to be defined as terrorist and an international criminal investigation for the perpetrators of financing terrorism in Sri Lanka to be opened by the Human Rights Council with a new resolution.

It is an erga omnes partes responsibility not only to the today’s or future governments of Sri Lanka but as well to the international community as a whole to not to recognize as lawful the Human Rights Council Resolution 30/1 to protect right to life, the raison d’être of the United Nations as well should ask a special investigation for the reporters of the OISL report from the Human Rights Council on the following matters:

  1. Any breach of the Guidance and Practice of the Commissions of Inquiry and Fact-Finding Missions on International Human Rights and Humanitarian Law” by the Office of High Commissioner for Human Rights, staff,
  2. Giving impunity to the terrorism, by not defining the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist organization vide the Human Rights Council Resolution 30/1,
  3. On what basis that OHCHR Investigation on Sri Lanka (OISL) which was formed by the Human Rights Council Resolution 25/1 had changed the definition of the past armed conflict without any explanation and authority from the Human Rights Council from combat terrorism to an internal armed conflict” in his report in paragraph 1141.

We highly appreciated if Your Excellency raise this matter at the UNHRC General Assembly and requested form a Special Commission  investigate above issue and correct them if that is found incorrect.

You may communicate with Mr. Eric Makawitage, the President of GSLF- Switzerland. His contact no is 0041 78 709 33 48 and email is [email protected].

Yasas Dharmadasa
Hon. Secretary  for Ex. Comm                       

Eric Makawitage
President, GSLF- Swizerland

Senaka Rajapaksha
President, GSLF- Poland                                

 Harsha Perera
President, GSLF- Australia                                                                                

Lalith Premalal
President, GSLF- Ireland  

Prasanga Jayamanna
President, GSLF- United Kingdom                     

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