KAMALIKA PIERIS
REVISED 19.12.17, 8.9.18,
29.3.19
The government of Sri Lanka
defeated the LTTE in May 2009, and the Eelam War IV came to an end. Soon after,
the separatist movement went into its next phase of attack, which was UN action
against Sri Lanka. Sri Lanka was to be punished for defeating the LTTE and the LTTE was to be
exonerated.
UN
action was attempted in 2007 when United Nations Security Council was asked to approve sanctions against Sri
Lanka. This was the very first time, said analysts, that
there had been a censure motion against Sri Lanka in any international body,
since it became independent.
This sanction is about the use of children in armed conflict.
Reference is S/2007/758. Security Council was not very
enthusiastic about this. I am not sure, but I think this was dropped.
In May 2009, as soon as the war ended, these
western countries struck again. The west has clearly had their UN move ready, to be used
in case the Government of Sri Lanka actually won the war. That was a sound
possibility. The state army was always far superior to the LTTE. What the LTTE
had over the army was superior weapons, given to them by the west. The
accusations and allegations against Eelam war IV were prepared in advance even
before the war ended, observed Shenali Waduge.
In 2009, US, working through Britain, France
and Austria, tried to get the UN Security Council to examine the deaths in the
last stage of the Eelam War. This was to be at a Security Council briefing. But US was not able to secure the 16
signatures needed and UN Security
Council refused to discuss the situation in Sri Lanka.
The move was ‘strenuously
warded’
off by seven countries led by China and Russia. These seven, China, Russia,
Japan, Turkey, Uganda, Vietnam and Libya,
said that the current situation in Sri Lanka did not warrant a briefing
in the Security Council.
China
vehemently” opposed any discussion in the Security Council on the issue
of civilians trapped in the fighting between government Security Forces and the
LTTE arguing that it was “purely an internal matter”.
The US then turned
to the UN Human Rights Council (HRC). The Human Rights Council, unlike Security
Council, could be manipulated easily by the US. In May 2009 UN Human Rights
Council in Geneva held a special session, called at the request of US, UK, EU
and Denmark to discuss a Swiss-EU resolution
against Sri Lanka. The sponsor was the
United States, and the resolution was known as the US resolution on Sri Lanka.
The request
for convening the special session was made by Germany on 19th May, the
very day hostilities came to an end. The initiative for the resolution however,
was taken by the European Union. The
resolution called for a comprehensive international investigation of the
conduct of Sri Lanka forces in the last phase of the war. Both
government and LTTE were accused of killing thousands of civilians. The
reference is A/HRC/RES/S-11/. Switzerland had brought amendments to the Sri Lanka resolution at a
closed door meeting held earlier. The EU was very secretive in its actions, said
Rajiva Wijesinghe. EU was trying for a War Crimes probe, said analysts.
Many NGOs had supported the EU resolution. The NGO website, Inner
City Press presented what it said were UN statistics of civilian killings in
the Wanni since January 2009, and quoted the UN Human Rights High Commissioner
Navaneethan Pillay as saying that war crimes “may” have been
committed in Sri Lanka by both the LTTE and the Sri Lankan government.
There was also vigorous lobbying by the Tamil
Diaspora. Many a Special Rapporteur who
had not previously been interested in Sri Lanka, issued a press release calling
for an independent inquiry into the situation in Sri Lanka, said Dayan Jayatilleke. Rajiva Wijesinghe added, hordes
of LTTE sympathizers turned up to buttonhole various ambassadors, and to brief
the UN Commissioner for Human rights, and to make aggressive interventions in
the debate. They were aided and abetted by a number of
NGOs. But some pro-Eelamists were not
satisfied with the text. ‘This text is too little, they said, ‘it is also toothless’.
The EU
assumed that since they were about a dozen themselves, they could get the 16
signatures easily, but the attempt failed. EU
was not able to secure the 16 signatures needed. Sri Lanka briefed all states
interested in Sri Lanka and got the motion scratched. The Non-Aligned Movement, its chairman, Cuba,
and Chairman elect, Egypt as well as China, Russia, Bangladesh, and Pakistan supported Sri
Lanka.
Sri Lanka
then submitted a counter resolution, to the EU resolution, Resolution S-11/1
‘Assistance to Sri Lanka in the promotion and protection of human rights’. The
resolution showed that LTTE kept
civilians as hostages against their will and that the Government liberated
almost 300,000 citizens kept by the LTTE. The
resolution was commended.
The resolution
was passed by 29 for with 12 against and 6 abstaining. Those who voted for Sri Lanka included
India, Pakistan, China, Russia, Malaysia, Brazil Cuba, Egypt, Ghana and
Indonesia. Those against included
Canada, Germany, Italy, Netherlands, Switzerland and UK. Countries supporting
Sri Lanka criticized the EU resolution.
Cuba, who co-sponsored the Sri Lanka resolution, commented on the double
standards, and the undesirable politicization of the Human Rights Council.
Sri Lanka’s counter resolution was described
as ‘a rare and perhaps unprecedented move,’ by analysts. There could not be a
similar instance in the UNHRC history, said the jubilant Sri Lanka group. In
fact there had been only 10 previous special sessions like this. ‘Sri Lanka negotiators never showed their
hand while dumbfounding even the most seasoned diplomatic wizards seated round
the Geneva table. There was no bubbling over with emotion as they approached
the vote. They had poker faces till they triumphed’, reported the media.
Sri Lanka was able to resist successfully and
then prevail over the concerted global efforts of the massive, well funded and
thoroughly professional foreign offices of the UK, France, Germany, and
Denmark, together with their access to the media, their proxies the INGOs, and
their well placed supporters in the upper reaches of the UN system, said Dayan
Jayatilleke.
The Sri Lanka team was spoken of highly,
reported the media. UNHCR president also
spoke highly of Sri Lanka attitude to discussing human rights issues, continued
the media. The well orchestrated
cohesion of the three fighting forces also came in for praise. While army faced
the matter on the ground, the air force dealt with the bunker hopping LTTE. The
navy sealed of the supply lines well. Jane’s Defence Weekly of London noted
that cutting off the Tigers fortified supply along the nearly 200 mile long
beach from form Batticaloa –Trincomalee -Mullativu in the east to Mannar and
Puttalam on the west was crucial to the war.
After much protest from Sri Lanka, the web
cast of the special session was uploaded to the archive of the UN Human Rights
Council. These live webcasts are usually uploaded in a few hours but in this
case they said that there had been a technical glitch, complained the
government of Sri Lanka, ‘but you can now watch it on http://www.un.org/webcast/unhrc/archive.asp?go=0111’
This ‘victory’ was certainly seen by the
public in Sri Lanka. A huge number watched the proceedings on the live webcast.
This was also picked up by at least one popular TV channel. There was also a
full length colored advertisement in Daily
News of 4.6.09 (p 11) listing the 29 countries that spoke in favor of Sri
Lanka at Geneva.
Reviewing this Resolution severl years later, an analysts said, what the US
have to take note of is that tiny economically weak nation with no coherent
action plan on how they were to meet the US challenge and led by two minister
and parliamentarians, all pulling in different directions, yet the US won only by the skin of their teeth.
That is because the other nations
understood that this resolution could boomerang on them. The implicate of this
resolutions and the precedent that it will set in terms of western interference
in the affairs of other nations. The Singaporean representitvie had in fact told a member of
the squabbling Sri Lanka delegation that that they knew Sri Lanka was not
fighting just for itself but on behalf of all the others as well. In Sri Lanka
any kind of resistance in foreign policy, is seen as arising of immaturity,
lack of foreign policy savvy, of being godayas who know nothing of ht outside
world. This tendency is strong among the English education elite in Colombo.
The
US thereafter sponsored three resolutions against Sri Lanka at the UN Human
Rights Council (HRC) in 2012, 2013 and 2014. They were all challenged by the
government of Sri Lanka and they were all voted in and accepted by the HRC. The US subsequently
said that if Sri Lanka wanted to permanently close its dark chapter it cannot
walk alone. Analysts observed that in all these resolutions the US was able to
influence the votes and get reluctant countries to at least abstain. Those
countries that refrained from voting made speeches in Sri Lanka’s favor and
then refrained from voting – which was their way of indicating that they were
refraining from voting in favor of Sri Lanka only under duress.
Sri Lanka never had the muscle to combat these
resolution observed Palitha Kohona.
Why Sri Lanka
should have been singled out for special treatment by the HRC for alleged
incidents that occurred over six years
is of interest he said. he HRC has always directed its spotlight
on countries identified selectively for
political reasons.
Resolution HRC 19/2 of 22 March 2012,
asked Sri Lanka to implement the recommendations
of its own Lessons Learnt and Reconciliation Commission (LLRC) and to take
steps ‘to ensure justice, equity, accountability and reconciliation.’ It called
for an action plan” and for the UN Human Rights Commissioner to work ‘in
consultation with, and with the concurrence’ of the Sri Lankan government in
implementing the LLRC proposals. The US initially wanted a co-sponsor
from the Third World for the resolution. Though we lost, we got 15 votes
and 8 abstentions, which is good, said Sri Lanka.
This resolution was
presented amidst much fanfare .A resolution calling upon Sri Lanka to fully
investigate who was responsible for the deaths of thousands of Tamil civilians
and to establish genuine reconciliation is to be tabled during a meeting of the
UN Human Rights Council (UNHCR), which opens tomorrow, shouted the media.
Britain and the US are preparing for a bitter showdown with Sri Lanka as the
two countries engage in a major effort to pass an international resolution
rebuking Colombo over alleged war crimes said to have been committed during
military operations against ethnic rebels. .
Many thousands of Sri Lankan civilians died or
suffered other violations in the final weeks of the long-running civil war in
2009. There has been no complete accounting of those deaths or other violations
and no pursuit of accountability for them,” said Eileen Donahoe, the US
ambassador to the UNHCR in Geneva. We believe that real reconciliation must be
based on accountability, not impunity. There cannot be impunity for large-scale
civilian casualties, and that if there is to be real reconciliation it must be
based on an accounting of the truth and serious implementation of changes,” concluded
Donahoe”.
Diplomats said the wording of the resolution
was likely to be modest, because USA wanted to obtain the support of as many of
the 47 UNHCR member countries as possible. ” It is unlikely the phrase war
crimes” will appear. No-one wants to see the resolution defeated. Those campaigning for the resolution
said that given the sensitivity of the issue, even a modest resolution would be
a success.
Fred Carver of
the Sri Lanka Campaign for Peace and Justice, said, If successful, this motion
will show that the opinion of the world,
and in particular the opinion of nations in the global south, has shifted and
that the Sri Lankan government can no longer turn a blind eye to war crimes and
crimes against humanity. The army has always insisted it adopted a zero
civilian casualty policy and for some time claimed no civilians had been
killed.
After Sri Lanka lost the vote some INGOs and NGOs had thrown grand parties.
Pakiasothy Saravanamuttu, Sunila Abeyesekera
and Nimalka Fernando were in Geneva at the time, reported the media. They attacked the Rajapaksa administration as
undemocratic, repressive and militarized, with abductions and open killings.
They called Sri Lanka a ‘hell hole’. It was evident that all three wanted a
regime change in Sri Lanka. Sunila Abeyesekera was described as a NGO activist who is heavily
funded by the west. Sunanda Deshapriya was also there. Diplomats had privately wondered
how these people were tolerated in Sri Lanka, said the media.
However, Sri Lanka representative,
Tamara Kunanayagam had informed the
Office of the Commissioner for Human Rights that the OHCHR had acted outside
its mandate in facilitating the US resolution. OCHCR has played to the political
agenda of the USA, raising serious doubts about the impartiality of the OHCHR. The OHCHR is bound by the UN Charter to be neutral, she said.
Kunanayagam observed that an aide
at OHCHR, Mungoven, had emailed that the US victory was a ’culmination of the
sustained and determined work by many in the team over the past few
years.’ He had thanked OCHCR
representative in Sri Lanka, the
Secretary General’s advisory panel, the Special Rapporteur on Extra judicial
execution, and the Special procedures Branch of the UN.
TNA welcomed the US resolution against Sri
Lanka.TNA said that this is the first step in the pursuit of justice and
accountability and thanked those
organizations which showed a firm commitment to the achievement of a future for
the Tamils in Sri Lanka that is marked
by equality, dignity, justice and self respect.
Elsewhere in Sri Lanka the
resolution was condemned as interference in the internal affairs of Sri Lanka
by the Committee of Vice Chancellors of Sri Lanka. It was also condemned by the
Ceylon Petroleum Corporation Engineers Association. Rev. Cyril Fernando, of the
Diocese of Colombo, said that the action was equal to a direct intervention
against Sri Lanka’s independence and sovereignty and an insult to the
intelligence of the people.
Nalin de Silva said that some
countries were trying to build puppet regimes around the world that is why they
created separatist leaders and funded them. S. L. Gunasekera stated that there
was a danger of President Rajapaksa being assassinated and a pro-western
government set in place. America’s final
aim was to install a pro western person in power here after destabilizing the
county and ousting President Rajapaksa, making human rights violations the
battle cry.
There were large demonstrations in
Sri Lanka against the US resolution. The public voiced their anger over
attempts by US and western countries to meddle in the internal affairs of the
country under cover of human rights, observed the media. The Resolution was also condemned by the
‘cream of the business community’ who thronged to Nelum Pokuna roundabout,
reported the media. They included representatives from John Keels Holdings,
Aitken Spence, Sri Lanka Telecom, Mobitel, Lanka Bell, dialog, Etisalat, Hilton
Colombo, Mount Lavinia Hotel, Commercial Bank and Hatton National Bank.
The Geneva resolution of 2012 is
nothing new, said Sri Lanka. We knew
that some western and European countries had launched a conspiracy against Sri Lanka.
We saw this at the time of the humanitarian operation in Eelam War IV. At that
time these same parties used various tactics to turn the operation back. They
took the position that Sri Lanka should give in to LTTE terrorism and divide
the country.
These
agents will continue their project aimed at dividing Sri Lanka into two like
Sudan. The project will continue from foreign lands and they will try to create
instability and anarchy within the country.
US resolution at Geneva 2012 isn’t
an end in itself it is as scène setter, it sets the scene in which the case for
external inquiry and interference can be made beyond reasonable doubt said
Jayatilleke. However making that case depend upon proving that domestic
remedies are not forthcoming within the time frame given by the UN, if so then
the case for an international inquiry is already pretty much made, if Sri Lanka refuses to cooperate then the
process will move to the next level of the escalation ladder, warned
Jayatilleke.
The
2013 US sponsored resolution was about accountability and promoting
reconciliation in Sri Lanka (A/HRC/22/L.1/Rev.1). Robert O. Blake,
Assistant Secretary of State for south and central Asia said in an interview
with BBC Sinhala service that US had closely consulted with India on this
resolution.
The resolution was adopted by 23 votes with 13 against
and 8 abstentions. the
ones who voted with US are those who are economically weak. They cannot impose
sanctions on Sri Lanka. Those who oppose are those who are economically strong
or moving towards that, observed
critics. During the
Council’s proceedings, Sri Lanka’s representative spoke out against the
resolution.
UN’s Human Rights
Council has passed a resolution highly critical of Sri Lanka’s record, reported
the BBC in 2013. The resolution encourages Sri Lanka to conduct an independent
and credible investigation into alleged war crimes. Though milder than its
initial drafts, this resolution is more detailed, and tougher than last year’s.
Although it suggests Sri Lanka set up a “truth-seeking mechanism” on
abuses and calls for an investigation, it does not demand an international one.
It also asks Colombo to extend invitations to some of the UN’s special
rapporteurs.
The two
resolutions of 2012 and 2013 refer to accountability and Kunanayakam has
pointed that it advanced the possibility of R2P. R2P is applicable for genocide,
war crimes, ethnic cleansing and crimes against humanity. Accountability she
says is only a pretext for Washington to advance its geopolitical interests in
the region. They are meticulously
structured for this.
In 2014, the US again put forward
a resolution against Sri Lanka to the
HRC (HRC 25/1 of 27 March 2014). The resolution was to open an international
inquiry into alleged war crimes committed by both the Sri Lankan Government and
the Liberation Tigers of Tamil Eelam (LTTE) in the final stages of a
decades-long conflict that ended in 2009.
In this Resolution the Human Rights Council
emphasised the importance of a comprehensive approach to transitional justice
incorporating the full range of
judicial and non-judicial measures, including, inter-alia, individual
prosecutions, reparations, truth-seeking, institutional reforms, vetting of
public employees and officials”.
Unlike the resolutions of 2009, 2012 and 2013,
this resolution asked the United Nations High Commissioner for Human Rights
(OHCHR) to ‘investigate, assess and monitor’ the human rights situation in Sri
Lanka. This undermines national sovereignty, observed the media. The resolution
was adopted with 23 members voting in favor of the resolution, while 12 voted against.
Russia, Cuba, Venezuela, China, Russia, Maldives voted against it. India, South
Africa, Japan, and Indonesia voted for. There were 12 abstentions. Which showed
that those who supported the Resolution numbered less than half of the HRC,
commented G.L.Pieris.
Both groups of countries, for Sri Lanka and
against Sri Lanka, commented on the resolution. The intrusive manner in which
the investigations are carried on against Sri Lanka is unwarranted they said.
The resolution ‘went beyond the mandate of the High
Commissioner said Russia, ‘double
standard of play” (Cuba), “aimed at developing countries forcing them
into submission” (Philippines), intolerable interference in the internal
affairs of Sri Lanka” (Pakistan) “people have the right to choose their
own path” (China), serious risks created by intervention” (Venezuela),
“the biased approach to specific countries” (Ecuador).failure
“to take into account continuing progress” (Thailand) and ‘ attempt to stifle the “energy”
(Indonesia).
UN High
Commissioner for Human Rights, Navaneeethan Pillay noted that in recent years,
the Sri Lanka Government has established various mechanisms with the task to
investigate past violations. But none have had the independence to be effective
or inspire confidence among victims and witnesses,” she stated. New evidence
continues to emerge, and witnesses are willing to come forward to testify
before international mechanisms in which they have confidence and which can
guarantee their protection, the High Commissioner added.
This shows
that an international inquiry is not only warranted, but also possible, and can
play a positive role in eliciting new information and establishing the truth
where domestic inquiry mechanisms have failed.”The Council has in the past
called on the Sri Lankan Government to take credible steps to ensure
accountability for alleged serious violations committed during the final months
of the conflict.
HRC requested the Office of the UN High
Commissioner for Human Rights (OHCHR) to undertake a comprehensive investigation”
into alleged serious violations and abuses of human rights and related crimes
by both parties, and hold perpetrators accountable. A move to remove the paragraph empowering an
international investigation was defeated. The OCHRC did as it was told and prepared a
report, known today as OISL report.
HRC also
reiterated its call on the government of Sri Lanka to implement the constructive
recommendations made in the report of the Lessons Learnt and Reconciliation
Commission. It also called on the Government to release publicly the results of
its investigations into alleged violations by security forces, including the
attack on unarmed protesters in Weliweriya in August 2013.
Godfrey Goonetilleke and Asoka Gunawardene of
Marga Institute and Jeevan Thangarajah of Consortium of Humanitarian
agencies attended this event, to hear
the US plaint against Sri Lanka. They opposed the position taken by the UN
Secretary General’s Panel of experts, (known as Darusman Report) and the International
Crimes Evidence project that said the army deliberately killed Tamil civilians.
The evidence used is limited and sources not given, they observed.
The US intention to sponsor a fresh resolution
was first announced when US Assistant Secretary of State for Central and South
Asian Affairs Nisha Biswal visited Sri Lanka in 2015. In 2015, the
Yahapalana government of Sri Lanka co-sponsored a resolution against itself at
the Human Rights Council in Geneva. This is HRC
Resolution 30/1 of 2015 on Promoting reconciliation, accountability and human
rights in Sri Lanka. This resolution was based on a report prepared in
accordance with the 2014 resoltuion, by
Sandra Beidas, formerly of the Amnesty International.
Having
resisted 3 previous resolutions since 2012, Colombo decided to co-sponsor
resolution 30/1 that had unprecedented 23 introductory paragraphs that set the
stage for 20 operational paragraphs, filling 5 pages.
The text says the resolution was sponsored by
Macedonia, Montenegro, the United Kingdom, Northern Ireland and the United
States of America. Sri Lanka is not named in the text as a sponsor. Sri Lanka representative
in Geneva, Ravinatha Ariyasinha refused to accept the Resolution and tried to
negotiate different terms. Yahapalana government
overruled the Ambassador’s objections and ordered him to accept the draft
resolution ‘just as it was.’ The
Resolution was passed without a vote.
However, Pakistan observed that no self
respecting country would agree to the intrusive measures advocated in this
resolution. He wanted to know how this resolution was to be funded and whether
the funders were the same as those who had sponsored the resolution. If so the whole process will be tainted. He
got no answer to his inquiry. India warned that an intrusive approach would
undermine national sovereignty. The final resolution had only the support of 23
of the 47 members.
Resolution 30/1 is not a Human Rights
resolution. It is a political document supporting Tamil separatism. It starts by recognizing the now despised
Yahapalana government, saying the resolution
welcomes ‘the historic free and fair democratic
elections in January and August 2015’.
The resolution then went on to emphasize the need for Devolution, to recognize
the need for a ‘Political Settlement’ by which it meant a new Constitution. The
resolution then called for the continuance of Provincial Councils and the 13th
Amendment and finally announced that land in the High Security Zones in Jaffna
must be returned to the rightful civilian owners.
The Resolution
then goes on to make some deadly suggestions. It calls for individual
prosecutions, reparations, truth-seeking, institutional reform, vetting of
public employees and officials,
provide
remedies to victims, promote healing and reconciliation. It points out the need to recognize international
human rights law, international refugee law and international humanitarian law.
The
Resolution then prescribes
four specific actions the Yahapalana government has to take. Firstly, a judicial mechanism to investigate
allegations of violations and abuses of human rights. Secondly, A Commission for truth, justice,
reconciliation and non-recurrence. Thirdly, an Office for Missing Persons (OMP)
and fourthly an Office for Reparations. The Resolution also permits the government to remove military
officers suspected of having violated HR even if there is no evidence. This is
actually a purge of the armed forces, declared analysts.
Laksiri Fernando
noted that there are two tricky points at the end of the
resolution, regarding the involvement of the High Commissioner and the High
Commissioner’s Office. This is where the ‘neo-liberal human rights
interventionism’ is apparent. The government of Sri Lanka, or its delegation in
Geneva, should be extremely careful in endorsing such a resolution again, he
warned. The
HRC has unveiled a political agenda meant to transform the country, at the
expense of its unitary status, observed Shamindra Ferdinando.
The resolution has been drafted craftily to
make it marketable to public opinion in Sri Lanka said Tamara Kunanayagam and
also to ease the fears of developing countries in the Human Rights Council, who
will otherwise object to a precedent that could endanger their own independence
and sovereignty,. The text is scattered with references to voluntary
commitments made by the Government of Sri Lanka and to domestic initiatives.
International involvement is presented as support to these domestic processes,
not a substitute.
To the
astonishment of Sri Lanka, Yahapalana government openly embraced the Resolution.
The President said that the implementation of the resolution will result in
promoting democracy, reconciliation and respect for our armed forces. SLFP
officially announced at a press conference that the UNP and the SLFP had
jointly agreed on the implementation of the Resolution.”
Mangala
Samaraweera, then foreign minister wrote an open letter to Mahinda Rajapaksa
where he said that the Resolution was a victory for Sri Lanka’s new foreign
policy, Sri Lanka and Sri Lankans. The Resolution was not an isolated one. It
was based on Yahapalana government plans for good governance. These plans had
been carefully developed by the government over many months. The bold decision to co sponsor the UNHRC
resolution last October was a massive foreign policy victory for Sri Lanka. It was adopted without a vote by consensus.
Under Mahinda Rajapaksa the world was divided over Sri Lanka, because of the
dismantling of democracy and abuse of human rights . Under Yahapalana the
world which was divided towards Sri Lanka unanimously rallied round Sri Lanka, he
said.
The charge has been made with examples that
the Sinhala translation of the UNHRC resolution was distorted and sugar coated.
The
Foreign Ministry published on its website a Sinhala translation of the
resolution, leaving out the
sensitive parts so that any Sinhala speaking person reading it would be
completely misled as
to the contents of the
UNHRC resolution.
The
Island chanced upon the discrepancies
between the original resolution and its Sinhala version and exposed the matter.
This UNHRC Resolution of 2015 is an unprecedented
resolution, observed the
media. There
hadn’t been a previous instance, at Geneva, where an elected government
co-sponsored a Resolution against its own country, said Island, where a country welcomed punitive action proposed on the
basis of unsubstantiated allegations. Sri Lanka created
history by co-sponsoring a resolution against itself, which was totally against its interests.
Why the
government has opted for co sponsoring this resolution defies comprehension
said the media. What decided the Yahapalana
government to sponsor this Resolution, they asked. The earlier
government put up a good fight all these years in the face of tremendous
pressure from the US led western bloc, commented Island editorial. The present
government had betrayed the country in co- sponsoring the UN resolution with
the US said N.AS.de S Amaratunga.
Dayan Jayatilleke
observed that the Resolution had not received the approval of Parliament and it
had not been endorsed by the Cabinet
therefore the Government of Sri Lanka was not bound by it.
However, M.A. Sumanthiran had told
the USA Congressional Caucus for
Ethnic and religious freedom in Sri Lanka in Washington that ‘the text of the 2015 Resolution is a
negotiated text.’ There had
been a tripartite consensus. TNA negotiated with the Yahapalana government with
the United States of America also participating. ’I was personally involved in the
negotiations, TNA
had settled for a hybrid model though they had originally asked for an
international inquiry. TNA wanted the full implementation of the
resolution. The Global Tamil Forum
spokesperson, Suren Surendiran told Island
that agreement on the text of the resolution has been reached following
negotiations among what he called ‘core group members at the UNHRC’, the
government of Sri Lanka, and representatives of the Tamils.
Yahapalana
Government’s meek acceptance of resolution 30/1 in Geneva, in 2015 is an
abdication of its sacred responsibilities toward nation, people and its armed forces.
It is the responsibility and duty of the Government to safeguard the
sovereignty, integrity and independence of the State, and to ensure that the
dignity of the nation is respected, said Tamara Kunanayagam and Palitha Kohona.
Supportive nations were prevented from raising
their voices in our defenses because we joined with the USA in the resolution,
observed G.L.Pieris.
Some thought that having accepted the 2015
resolution the country would become a target at the subsequent sessions of HRC. At the annual sessions of the Human Rights
Council on June 28, 2016, the Human Rights Commissioner dealt extensively with
Sri Lanka. In his speech, ‘Promoting reconciliation, accountability and human
rights in Sri Lanka’, he explained, in no uncertain terms, what Geneva expected
Sri Lanka to do.
Yet another resolution on Sri Lanka, supported
by the US, was adopted at the 2017 sessions of the HRC, Resolution
A/HRC/34/L.1. This too was co-sponsored by Sri Lanka and passed without a vote.
This resolution reaffirmed the UNHRC resolution 30/1 of 1 October 2015. The UN Human Rights Commissioner wanted Sri Lanka to
implement recommendations contained in the 2015
resolution, and the investigation undertaken by the Office
of the United Nations High Commissioner
for Human Rights (OHCHR).
The resolution
gave the government of Sri Lanka two years to deliver on the commitments made
in UNHRC Resolution No 30/1 of October 2015. It also requested
the Commissioner and his special procedure mandate holders to strengthen their
technical assistance to Sri Lanka on the promotion and protection of human
rights, truth, justice, reconciliation and accountability.
The Commissioner called on the
international community to investigate and prosecute those allegedly
responsible for war crimes.
He also wanted other countries to abide by the
recommendations. The
Commissioner also stated that if Sri Lanka did not deliver the goods, Geneva
would be compelled to explore measures such as ‘universal jurisdiction’. Universal Jurisdiction allows the courts of
another country to prosecute a Sri Lankan citizen for alleged violations of
crimes against humanity normally outside its national jurisdiction.
The UNHCR resolution permits the government to
remove military officers suspect of having violated HR through a vetting
process even if there is now evidence, this is actually a PURGE of the armed
forces.
For the first
time, there was NGO representation from the anti-Eelamist group at Geneva.
Global Forum of Sri Lanka led by Ven. Bemgmuwe Nalaka , consisting
of Rear Admiral Sarath Weerasekera, . Nalaka
Godahewa, Anuradha Yahampath and several others including Wasantha
Keerthiratne, Chairman of the Global Forum, participated in this session as a
non government agency of Sri Lanka. Nalaka Godahewa, Sarath Weerasekera and
Anuradha Yahampath, spoke at the session. They said that the Tamils were a
well assimilated group in Sri Lanka. They were not discriminated against. They
criticized the High Commissioner for his bias against Sri Lanka.
Earlier, at a
side event, the Transnational Government of Tamil Eelam (TGTE) called for the
arrest of Weerasekara accusing him of being involved in war crimes in Sri
Lanka. A heated exchange then ensued as Weerasekara rubbished the claims and in
return, called for the arrest of the LTTE supporters in Geneva. In media
interviews given from Geneva, Weerasekara criticized Nimalka Fernando and
Pakiasothy Saravanamuttu, who were also in Geneva, for pushing for action
against Sri Lanka.
Analysts noted,
with contempt, that Sri Lanka had stayed silent when Sri Lanka came up for discussion at the
HRC session. Other countries used their ‘Right of Reply’ to
answer allegations, clarify any confusion and deny charges. Sri Lanka’s official representatives did not
do so, observed Sanja Jayatilleke. During the ‘General debate on Racism, racial discrimination, Xenophobia and
related intolerance,’ 14 NGOs spoke critically of Sri Lanka .Again Sri Lanka
did not reply.
Yahapalana government had actually thanked
those who had brought this resolution, observed shocked critics. The Director of
Information, on behalf of the government, issued a one page statement thanking
the US-UK led countries for backing the second resolution, which inter alia,
wanted foreign judges, observed Shamindra Ferdinando.
What exactly did the UN Human Rights Commissioner
say in his report on Sri Lanka, to make Sri Lanka declare its ‘appreciation’
asked Chandraprema. Firstly, the Commissioner referred to findings of the OHCHR
investigation of September 2015.
This investigation was outside the established
procedure of the UNHRC.
In the report, the OHCHR had accused the Sri
Lankan government of every conceivable war crime including unlawful killings,
torture, rape, illegal incarceration, enforced disappearances, abduction,
deprivation of humanitarian assistance and soon.
Secondly, the UN Human Rights Commissioner has
stated that the report of the Consultative Task Force on Reconciliation Mechanisms,
be implemented. (This is the task force appointed by President Sirisena,
chaired by Manouri Muttetuwegama) speaker after speaker among the originators
and the sponsors of the latest resolution against Sri Lanka – the UN Human
Rights Commissioner Zeid Al Hussein, the EU representative and the
representative of Britain were all harping on the need to implement the
recommendations of the Consultative Task Force on Reconciliation Mechanisms,
said Chandraprema. Implementing
this Task Force report would have even worse implications than implementing
Resolution 30/1, he observed.
Thirdly, the UN Human Rights Commissioner
wants the establishment of a specialized court which should include
international judges, defence lawyers, prosecutors and investigators, to
investigate allegations of war crimes. His justification included the lack of
progress into certain cases such as the killing of Lasantha Wickrematunga and
the acquittal by a ‘Sinhalese jury’ of the suspects in the Kiliveddy incident
where 23 Tamil civilians are said to have been killed.
The TNA demanded the full implementation of
the Geneva Resolution. TNA issued the following statement, All
Sri Lanka’s obligations in terms of UN Human Rights Council Resolution 30/1 of
1st October 2015, co-sponsored by the Sri Lankan Government, must be fully
implemented. These obligations must be fulfilled under strict conditions, under
the monitoring of an office of the UN High Commissioner for Human rights, which
must be established in Sri Lanka. The UN Human Rights Council must ensure that,
in the event that the Sri Lankan Government fails to fulfill the abovementioned
obligations by way of an appropriate mechanism, victims will receive the
intended benefits of the fulfillment of such obligations, by way of
international mechanisms.
The British
government also wants Sri Lanka to fully implement the Resolution. Foreign & Commonwealth Office
Minister, Mark Field who visited Colombo and Jaffna in October 2017, said
“The UK is committed to the full implementation of Resolution 34/1 and
will continue to support the government of Sri Lanka in its efforts to promote
reconciliation and human rights”. He
raised with Foreign Minister Marapana the importance of the Sri Lankan
government implementing in full its commitments under UN Human Rights Council
Resolution 34/1, which rolled over the commitments made under 30/1.Resolution
A two year postponement means that this matter
will come up for discussion at the March 2019 Sessions of the UNHRC. However,
2019 will be election year for this government, warned Chandraprema. It is best
that this UNHRC resolution 30/1 be taken off the radar altogether by 2019. If
the government implements even a part of Resolution 30/1 which it so
ill-advisedly co-sponsored, that will help the Opposition at the Presidential
elections of 2019.
The 2015
Resolution took place when Mangala
Samaraweera was Minister of Foreign Affairs. Dr Mathias Keitel, from Germany,
has an interesting piece in the Asian Tribune titled “Foreign Minister
Samaraweera Must Go” with the comment “My recent visit to Sri Lanka,
the country that I love most, fills me with dark foreboding as its vital
interests are being systematically compromised by its buccaneering Foreign
Minister.” He gives a detailed analysis of the Geneva resolution and
points out the uniqueness (foolishness) of Sri Lanka to agree to co-sponsor the
resolution against itself and comments: ‘The Foreign Minister has not learned
the fundamental rule of being the chief representative of the country overseas.
I.e. to represent the country’s best interests with fortitude, dignity and
quiet pride.”
“It is also
difficult not to draw the conclusion that the UNHRC resolution was not really
an attempt to consolidate human rights and restore good governance but a thinly
disguised Endeavour to destroy the iconic super hero status, especially of the
victorious Sri Lankan soldier, and reduce it to the level of a common criminal.
The Foreign Minister’s solicitous and breathless anxiety to comply with the
demands of the West and the Tamil expatriate groups may well have contributed
to realizing this goal.
Dayan Jayatilleke
observed that Foreign Minister Samaraweera poses an existential threat to the
State’s sovereignty and security, and gravely jeopardizes political stability
and governability.”
Minister Mangala
Samaraweera had his own take on the matter. He said Sri Lanka has made
considerable strides from soft authoritarianism towards consolidating rights
based democracy with deeply entrenched institutions and values. The country
will never be able to achieve the full socio economic development potential, if
country fails to address grievances, that risk plunging our nation into conflict
once again, he announced.
The set of
actions that the Government has identified to deal with the past in a comprehensive
manner, addressing the grievances of all victims, include truth seeking,
justice reparation and measures for guaranteeing non recurrence, he continued. Traumatic
memories do not simply vanish. We have learned through experience since
independence that grievances that are left unaddressed can go on for generations,
becoming entrenched and holding the risk of descending into cycles of violence,
Samaraweera continued.
When serious
allegations of human rights violation and war crimes are leveled at a country
it is the duty of the government to prove such allegations wrong through a
credible process of investigator and inquiry. Also to expose the perpetrators
as well as those in the chain of command so that the good name of the country
can be restored, said Samaraweera.
The 2015
resolution will help heal our wounds and genuinely unite the country. It will
clear the good name of the members of the army and all those against whom there
are unfair allegations. rue war
heroes like Sarath Fonseka have nothing to feat, only those who carried out criminal
acts. And those who gave order to carry out heinous crimes. The video
footage in Channel 4 documentary is not only authentic but was given to Channel
4 by member of the armed forces who were shocked at the some of the acts
carried out due to orders from above., Samaraweera said.
We have
prevented economic sanctions and the indignity of a foreign inquiry. Many of the
countries which had distanced themselves from Sri Lanka under the Rajapaksa government’s
policy of self imposed isolation are all backing Sri Lanka, concluded
Samaraweera.
Mangala
Samaraweera wrote an open letter to
Mahinda Rajapaksa where said that
the UNHCR resolution was a victory for Sri Lanka new foreign policy, Sri Lanka
and Sri Lankans. Under Rajapaksa the world was divided over Sri Lanka the US
and EU, our main export markets accounting
for over 50% of our exports, were concerned with the Rajapaksa government dismantling of
democracy and abuse of human rights. the
resolution was not an isolated one. It was based on the Sri Lanka government
plans for good governance etc. These
plans had been carefully developed by the government over many months by
studying the experiences of Sri Lanka own past as well as those of many
countries. the resolution will help heal our wounds and genuinely unite the
country, continued Mangala.
The bold
decision to co sponsor the UNHRC resolution last October was a massive foreign
policy victory for Sri Lanka. The world
which was divided towards Sri Lanka unanimously rallied round Sri Lanka. The resolution
was drafted on the basis of the government carefully deliberated plans that I
outlined in Sept 2015. It was adopted without a vote by consensus, many of the
countries which had distanced themselves from Sri Lanka under your government poly of self imposed
isolation are all backing Sri Lanka , ‘Our
ambassador in Geneva tried to negotiate different terms that was deliberately
stopped by the government which insisted on accepting the US sponsored
resolution, just as it was.’ Concluded Mangala
The United
States in a Press release, applauded the administration of President
Maithripala Sirisena for its continuing efforts to promote reconciliation. The
statement was issued by Mark C Toner, Acting Spokesperson of the State
Department in Washington.The US stated that the UNHRC Resolution on promoting
reconciliation, accountability and human rights in Sri Lanka would help ensure
a non-recurrence of conflict and strengthen democratic governance and freedom
for all Sri Lankans.
The press
release issued by the US State Department:On Monday, March 13 at the UN Human
Rights Council, the United States and other members of the Friends of Sri Lanka
Core Group tabled a draft resolution on promoting reconciliation,
accountability and human rights in Sri Lanka that reflects our enduring
commitment to lasting peace and justice for all the people of Sri Lanka.
The United
States worked in close consultation with the United Kingdom, Montenegro and
Macedonia and in partnership with the Government of Sri Lanka, to draft the
resolution.We look forward to the adoption of the text, which will support
reconciliation and justice in Sri Lanka, help ensure a non-recurrence of
conflict and strengthen democratic governance and freedoms for all Sri
Lankans.The United States is pleased that Sri Lanka has agreed once again to
co-sponsor the resolution, and invites like-minded UN members to demonstrate
support for reconciliation and peace in Sri Lanka by adding their names to the
list of co-sponsors.The United States applauds the administration of President
Sirisena for its continuing efforts to promote reconciliation. (
continued)