KAMALIKA PIERIS
The Human Rights Council of the UN is, as
its name indicates, the UN body which deals with human rights. However, HRC has
no power over UN member countries. It
cannot impose sanctions, but it can pass resolutions on a country, on majority
vote, whether that country likes it or not. The human rights position of all UN
member countries come up before the HRC on periodic review, every four years.
HRC has three
regular sessions per year, in March, June and September. HRC can also hold a special session at any time, to
address human rights violations, if one third of the HRC panel requests it.
That was how the 11th Special Session of the HRC was convened in 2009 to
consider the situation in Sri Lanka, just one week after the conflict came to
an end.
The Office of the High Commissioner for Human
Rights (OHCHR)
is a separate body. Its remit is to promote and protect the human rights that
are guaranteed under international law and stipulated in the Universal Declaration of Human Rights
of 1948. The Office is headed by the High Commissioner for Human Rights, who
co-ordinates human rights activities throughout the UN System and supervises
the Human Rights Council in Geneva.
OHCHR has
a list of ‘experts’ given ‘mandates’ to report and advice on human rights of
specific countries. There are also the HRC ‘Special Rapporteurs’, about 25 of
them, one for each Human Right. These
experts serve in their personal capacity, and do not receive pay for their work, which
hopefully, ensures their independence and impartiality. OHCHR
provides
staffing and logistical support for these experts.
Over the years, instead of keeping the UN as a skeleton organization servicing the needs of
member states and acting as a meeting place for them, the western powers have
piled more and more tasks on the UN system and then funded these activities.
This has created a great dependency on
voluntary contribution to keep the system going. The UN
now depends on ten to 15 western countries, and these countries have
used the UN to further their foreign policies. In order to retain their jobs
the UN officials, starting from the UN Secretary General , have to please these
donors.
The
situation is the same in the HRC. Western countries have a hold on the
HRC because they provide most of the
funds. HRC is not fully funded by the UN. Other UN agencies have budgets of over
billion dollars, HCR had only 97 million per year in 2013. HRC web
page even calls for donations. HRC depends on voluntary contributions from member
states to carry out its functions. Two thirds of the budget comes from western countries,
such as USA, Canada, Norway, EU and
their transnational corporations.
Since it provides most of the funds, the
western countries have much power in the HRC. They control appointments to the
HRC and OCHRC. There are unusually high
numbers from US, UK, France, Germany, even Italy in the HRC said Pathfinder Foundation. Some junior staff
are paid directly by member countries.
OCHRC
is also largely financed from voluntary funds and staffed overwhelmingly by the
donors. All the important staff
positions in OCHRC are held by persons from
western countries. They make up half the
cadre in the OHCHR. The west influences
the Office through them. USA, particularly,
has invested heavily in the OCHRC and the Office has become a
‘weapon’ of the US, observed Tamara
Kunanayagam.
Countries have objected to the imbalanced
representation in the HRC and OHCHR. Sri Lanka ‘s Ambassador in
Geneva, Tamara
Kunanayakam had in 2012 pointed out that 80% of the UNHRC’s funding
requirements are supplied by powerful nations such as the United States and its
allies. Also, key positions in the UNHCR are mostly held by those who have
served in the foreign services of such countries.
Sri Lanka’s
position is that this fact is significantly detrimental to the impartiality of
the UNHRC activities, especially when dealing with the developing world. As a
result, Sri Lanka, along with Cuba and Pakistan, successfully sponsored a
resolution seeking transparency in funding and staffing the UNHRC, during its
2012 session.
HRC is no
longer an exercise in human rights, it is an exercise
in geopolitics and superpower politics, said
Rohan Gunaratne. Human rights are used by politically and economically
powerful countries to target selected countries, said Pathfinder Foundation. The
HRC has always directed its spotlight on countries based on its politics,
observed Palitha Kohona. The west is using a phony Human Rights campaign over
Sri Lanka, said Kamal Wickremasinghe.
Sri Lanka’s
Pathfinder Foundation observed that the developed countries in the west and the
oil rich Gulf countries are rarely, if ever, summoned before HRC. The sole
exception to this is Israel. HRC has passed many resolutions against Israel, to
the fury of Israel. In 2017, HRC adopted 5 such resolution in one session
despite opposition from US and UK.
The
resolutions brought by the west mainly target developing countries,
particularly those in Asia and Africa. The
west decides which country should be
hauled before it and who should undertake the task, said Pathfinder. Sri Lanka
was handled by Canada in the 1980s and by USA and UK today. Certain third world
countries have grouped together to counter this. It was this group that
supported Sri Lanka during the special session in May 2009, said Pathfinder.
There is
horse trading of votes at the UN, observed Guardian. One country will pledge to
vote for a motion here in exchange for a vote to be on a committee there. There
is arm twisting too. The weaker nations are made to vote against their
conscience. In the case of Sri Lanka,
US got reluctant countries to at least abstain. The 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 only
under duress, reported the media.
There is a
clear polarization of countries in the HRC.
In 2016, some member countries of the HRC objected to China, Russia,
Cuba and Saudi Arabia holding seats in the HRC. ‘Too many repressive regimes
have found a place on the United Nations Human Rights Council, We must vote in
countries that they have good human
rights records’, said UK sanctimoniously.
At the
plenary session of the HRC in 2016, an NGO called UN Watch protested about the
inclusion of China, Russia and Cuba in the Council. Cuba promptly brought in a point of order. An
NGO has no right to adversely comment on the composition of the HRC, said Cuba. Cuba will obstruct if the NGO tries to do so
again. China, Russia, Pakistan, Venezuela, agreed with Cuba that they had every
right to sit on the HRC. USA, UK, Netherlands and Canada disagreed. (https://www.youtube.com/watch?v=nAOAEsI8HdA)
Unlike Sri Lanka, Cuba fearlessly opposes USA
at the HRC. Here is Cuba at the HRC session of 2012. ‘Nothing could better
expose the utter hypocrisy of Washington’s “human rights policy” than
the anti-Cuba vote at the UNHRC,’ said Cub in 2012. ‘This year, Washington
pressured Honduras to “sponsor” the US-authored resolution against
Cuba, Honduras had death squads. Even the most vitriolic critics cannot claim a
shred of evidence that any death squads exist in Cuba.
‘US arm-twisted
dependent countries in Latin America to support the anti-Cuba vote. Among those
voting for the resolution were the governments of countries with some of the
most atrocious records of military
and death-squad repression. Cuba, with a very low infant mortality rate of
six per 1,000 live births, universal and free health care, no homelessness, is
condemned. But no resolution is passed
against the United States for killing thousands of Iraqi people and illegally
occupying the country,
concluded Cuba.
On Cuban soil,
there are over 600 prisoners who are denied any semblance of human rights by
their captors. They have been subjected to unlimited physical and psychological
abuse and denied the right to see a lawyer, family member or anyone else for
years on end. They are imprisoned not by Cuba, but by the United States, at the
Guantánamo naval base.
After the 2001 US
invasion of Afghanistan, hundreds of men and boys as young as 12 were rounded
up and shipped, blindfolded and bound, halfway around the world to Guantánamo.
There they are warehoused in open-air cages, exposed to mosquitoes and the
scorching sun, and denied all due process and protection under the Geneva
Convention regarding prisoners of war.
Cuba has
intervened on the prisoners’ behalf to demand justice. In mid-April Cuba
introduced a resolution to the United Nations Human Rights Commission, calling
for an investigation of conditions in the US military prison and an end to the
violation of the prisoners’ rights. Cuba’s resolution on the Guantánamo prison
was announced minutes after a US-sponsored anti-Cuba resolution passed the UNHRC
by the narrowest of margins. (year not available, possibly 2013)
Cuba took a firm anti US stand where ever possible, and extended
this to Israel as well. At the UNESCO World Heritage Committee 41st Session
Krakow, Poland July 4, 2017, Israel called for a moment of silence for the Jews
killed in World War II. The members took their time in standing up for this.
Cuba then took the floor. Cuba pointed out that only the Chair can ask people
to stand and then requested the assembly to stand for the Palestinians killed
by Israel. Members stood up very quickly and also applauded. https://www.youtube.com/watch?v=VO1GqRLWv0Q)
The Office
of High Commissioner for Human Rights (OHCHR) has the power to intervene in
human rights issues of countries. However,
OHCHR is not considered impartial in carrying out its role. The role
played by the OHCHR, in manipulating human rights has been a subject of
discussion for some time, said Pathfinder Foundation. The credibility,
independence and impartiality of the HRC have come into question wherever they
are or have been, including in our own region, observed Tamara Kunanayagam. Nepal asked OHCHR
to leave Nepal in 2012.
In
2009,Algeria criticized the
Commissioner’s report on civilians and
armed conflict. Navaneethan Pillay had lumped together various conflicts around
the world where circumstances differed and used a one size fits all
approach. Algeria said it was time to
work out the exact relationship between the HRC and the UN Human rights
Commissioner. The Commissioner said at the opening of the 32nd session of HRC
in 2013 that a growing number of countries are refusing to cooperate with them,
but that this will not deter the UNHRC.
Sri Lanka found, first of all, that the UN, of
which it is a member , was supporting Tamil
separatism. In 2005, Kofi Annan, as UN
Secretary General had sent a condolence message on the death LTTE eastern
province political wing leader Kaushalyan. National Bhikkku Front took to the
streets in protest in Colombo and marched to UN head office saying this
gesture had given diplomatic status to a
terrorist outfit. Diplomatic circles had
commented on the clandestine links top UN envoys maintained with the LTTE . For
instance, V. Nambiar, Under-Secretary-General had phoned KP” in Malaysia. He had been in
touch with the LTTE for some time, said the media in 2009.
Resolutions
against Sri Lanka are not a new phenomenon at the HRC said Pathfinder. Way back
in 1987, while the armed conflict against the LTTE was at its infancy, Sri
Lanka had to face a hostile resolution in the Commission on Human Rights (CHR),
the forerunner to HRC. On that occasion, the initiative to take Sri Lanka
before the CHR was made by Argentina at the bidding of India. Sri Lanka had voted in favor of the UK in the United
Nations General Assembly on the Falklands issue and Argentina was angry. Sri
Lankan delegation spearheaded by late H.W. Jayewardene and Ambassador Jayantha
Dhanapala succeeded in amending the resolution and allowed it to be adopted.
Sri Lanka found that that the Commissioner herself, was against
Sri Lanka . Naveneethan Pillay, a
South African of Indian Tamil origin and
UN Commissioner for Human Rights 2008-2014, has spoken against Sri Lanka on
many occasions. She said that the government of Sri Lanka had perpetrated
atrocities in the Eelam war
‘under the guise of fighting terrorism’.
In 2009 after
the anti Sri Lanka Resolution
has been rejected, she had called
for an independent inquiry into Sri Lanka.
The Algerian envoy reminded her that the Council had already
overwhelmingly rejected the call for
such an inquiry and nobody had the right to challenge the Council on this
score. Navaneethan Pillay had ignored the 700 mosque
attacks in Britain but emphasized the 22 mosque attacks in three years in Sri Lanka, said Shenali
Waduge.. Wikipedia
entry on HRC makes special mention of Sri Lanka as a problem human rights case.
Starting
with 2006, UN dispatched several high ranking officers on fact finding
missions. P. Alston, UN Special Rapporteur on extrajudicial executions and Alan
Rock ,special representative of the UN for children in armed conflict came in
2006. John Holmes, UN under secretary
for humanitarian affairs, Louse Arbour UN High Commissioner for Human
Rights and Manfred Nowak, the U.N. Special Rapporteur against torture and
other cruel and inhuman treatment came in 2007. Rita Izsak-Ndiaye, Special
Rapporteur on Minority Issues came in 2016.
Pablo de
Greiff, Special Rapporteur on the promotion of truth,
justice, reparation and guarantees of non-recurrence, and Ben Emmerson, Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, visited in 2017.
Sri Lanka has been highly critical of these
HRC experts. These experts arrive with fixed ideas
on Tamil Separatism and they
produce biased report based on limited
surveys of doubtful validity, observed G.H.Peiris. They had contact
with the LTTE. Rock had participated in
LTTE festivities in Canada. Louise
Arbour met the Bishop of Jaffna and members of civil society in Jaffna. At her
request, several such meetings in Colombo as well as Jaffna were without the
presence of Government or security officials, enabling her to interact freely.
Whenever HRC
experts are sent in to review Sri Lanka, the Sri Lanka media and analysts
demolish their statements while the Tamil Separatist Movement praises them. Here is recent example.
Ben Emmerson, UN Special
Rapporteur on the
promotion and protection of human rights and fundamental freedoms while
countering terrorism” visited Sri Lanka in July 2017. He was
openly critical and also threatening.
He said that work on the 2015 Resolution
seems to ground to a halt. That
there was little evidence that perpetrators of war crimes were being brought to
justice.
If Sri Lanka failed to meet HRC commitments, the
international community could use a range of measures increasing in
severity, against Sri Lanka .”There
comes a point where patience runs out, he said. The media criticized Emmerson heavily, giving
much publicity to his statements . Wijedasa Rajapaksa, then a Cabinet
Minister had openly disagreed with Emmerson.
The United Nations Special Rapporteur on
Minority Issues, Rita Izsak-Ndiaye
visited in 2016. She said ‘Sinhala-Buddhist majoritarian leadership’ as
the main reason behind minority grievances and Sri Lanka’s ‘long civil war’.
She also thought that keeping Article 9 of the Sri Lankan Constitution which
refers to the primacy of Buddhism, ‘could lead to further suppression of and
discrimination against minority religions and communities’.
She brought strong charges against the
Buddhist majority for construction of Buddhist places of worship ‘in areas that
were traditionally non-Buddhist’. It blames ‘Buddhist extremists’ for inciting
‘violence and hatred against religious and other minorities while proclaiming
the racial superiority of Sinhala Buddhists’. The widespread destruction of
Buddhist places of worship in the island’s north and the east and incidences of
aggression, extremism and violence by members of other religious groups towards
the Buddhists, however, are not mentioned in the Rapporteur’s Statement,
observed Asoka Bandarage.
The OCHRC has not finished with Sri Lanka, yet. Louise Arbour, in 2007, wanted to establish a UN mission to monitor human rights in Sri Lanka. This was criticized as a ‘diabolical plan’. The government refused to consider it.
It emphatically ruled out the possibility
of establishing a UN country office and setting up a field mission in Sri
Lanka. The idea of an office in Sri Lanka
is back again, though. It is
included in the 2015 HRC Resolution on Sri Lanka .
The 2015
resolution also allows for the establishment of a permanent Western
presence in the form of an OHCHR field office in Sri Lanka, which will have the
combined function of investigation,
monitoring, and governance, warned
Kunanayagam. The field Office will not only assist in
obtaining the required material, financial and technical support for
implementation of the numerous recommendations, but will also monitor, assess
and verify the implementation of the 2015
Resolution,
going beyond its General Assembly mandate.
OHCHR field offices are fully funded by the
rich Western countries, and that most of the staff are directly or indirectly
linked to the donors, continued
Kunanayagam. The offices are
frequently utilized for destabilization purposes and to gain a foothold in
countries where a direct Western presence proves politically difficult. There
is no doubt that, through the OHCHR field office, Washington and London will
take over the entire process in Sri Lanka and, for all practical purposes, the
office will become the Trojan Horse that will permit direct US intervention in
Sri Lanka, concluded Kunanayagam.
The HRC does
not hide its bias towards the Tamil
Seperatist Movement. UN Working Group on
Arbitrary Detention which arrived in December 2017 had inspected 30 detention centers and
interviews with more than 100 imprisoned persons. They travelled to Colombo, Negombo,
Anuradhapura, Vavuniya, Trincomalee and Polonnaruwa. But they were not prepared to visit Commodore
D.K.P Dassanayake, held in remand at Welikada, without bail, for six months.
‘He is also an arbitrary detainee, said Dassanayake’s daughter Manjari. This group came to Sri Lanka to investigate
arbitrary detainees. They interviewed LTTE people, but not war heroes.
TV news
showed one of the Group refusing to accept Manjari’s petition. The others had
said they would not come out of the Conference Room till Manjari left.
Commodore Dassanayake’s wife said she had to hand over her letter to UN
Resident Representative as UN staff refused
to let her hand it over directly
to leader of the Working Group.’ The UN staff had wanted to know, first of
all, whether I represented a missing
LTTE cadre.’
However, Chandraprema observed that when Commissioner Zeid Al Hussein presented his
report to UNHCR in September 2015, in Geneva, he was aggressive, judgmental and
arrogant but when he visited Sri Lanka
in Feb 2016 he took ‘a humble and flexible position.’ He made a ‘tail between the legs speech’ and
left. Probably because he saw that public opinion was against Yahapalana
government.
ADDITIONS TO ESSAY
- The OHCHR that has come in for heavy criticism by the UN Human
Rights Council itself. The UNHRC passes every year (with more than a two thirds
majority) a resolution calling upon the OHCHR to end the domination of that
office by Westerners and to reduce its dependency on Western funds.
- It
is public knowledge that OHCHR field offices are fully funded by the rich
Western countries, and that most of the staff are directly or indirectly linked
to the donors. It is also public knowledge that the offices are frequently utilized
for destabilization purposes and to gain a foothold in countries where a direct
Western presence proves politically difficult. Their credibility, independence
and impartiality have come into question wherever they are or have been,
including in our own region, until recently the Government of Nepal asked OHCHR
to leave the country.
- Western
governments provide funding to UN bodies, the funding is tied to particular
projects.
- The heads of several UN agencies are controlled by the US. They
include UNICEF, the UN Children’s Fund, and UNDP, the UN Development Programme. The US
government threatened many times to withhold funding if its candidate was not
selected. The top three funders for
UNICEF in 2020 were United
States of America (US$801 million), Germany (US$744
million) and the European
Union (US$514 million).As UNICEF’s largest donor, the US was considered
an indispensable partner”. Post of UNICEF Executive Director, has been held–
uninterruptedly — by US nationals for almost 74 years, an unprecedented
all-time record for a high-ranking job in the UN system. When the US kept
pressing for the appointment of their candidates in 2018. many countries on the
UNICEF Board were angry and (told) me to tell the United States to go to hell,
said UN Secretary General Boutros-Ghali
- MM
Zuhair, said that when he was Sri Lanka ambassador to Iran, he saw that the UN
from its Secretary General downwards is strongly influenced or controlled by
the funding states led by USA. .
- Zeid
Ra’ad Al Hussein, the UN High Commissioner for Human Rights, had rejected the
idea of “wheeling and dealing” with political players , meaning USA,
to secure a second four-year term in Geneva . Al Hussein, a sharp critic of US
President Donald Trump, declared that he will not tone down his message to seek
re-election in his post. Zeid served
only one term, 2014-2018. He was not reappointed. ( continued)