{"id":114370,"date":"2021-05-18T16:00:55","date_gmt":"2021-05-18T23:00:55","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=114370"},"modified":"2021-05-18T16:00:55","modified_gmt":"2021-05-18T23:00:55","slug":"erasing-the-eelam-victory-part-18d-pt-5b","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/05\/18\/erasing-the-eelam-victory-part-18d-pt-5b\/","title":{"rendered":"ERASING THE EELAM VICTORY Part 18D Pt 5B"},"content":{"rendered":"

\u00a0KAMALIKA PIERIS<\/em><\/span><\/h2>\n\n\n

OFFICE OF\nTHE HIGH COMMISSIONER FOR HUMAN RIGHTS<\/strong> (OHCHR)<\/strong><\/p>\n\n\n\n

The Office of the High Commissioner for Human Rights (OHCHR)\nis a separate body. It is not part of the UNHCR. It is a department of the Secretariat<\/a> of the United Nations<\/a>. Unlike the UNHCR, the Office of High\nCommissioner for Human Rights (OHCHR) has the power to intervene in human\nrights issues of countries. <\/p>\n\n\n\n

 The office was established by the United Nations\nGeneral Assembly<\/a>\non 20 December 1993. The Office is headed by the High Commissioner for Human\nRights, who co-ordinates human rights activities throughout the UN System<\/a> and supervises the Human Rights Council<\/a> in Geneva. The task of the OHCHR is to promote and protect the human rights that\nare guaranteed under international law and stipulated in the Universal\nDeclaration of Human Rights<\/a>\nof 1948.  <\/p>\n\n\n\n

Its Mandate\nincludes preventing human rights violations, securing respect for all human\nrights, promoting international cooperation to protect human rights, coordinating\nHR related activities throughout the United Nations, strengthening and\nstreamlining the United Nations system in the field of human rights. OHCHR   is also expected to encourage a human rights\napproach in the work of the United Nations agencies. But the OHCHR must respect\nthe sovereignty, territorial integrity and domestic jurisdiction of States when\ncarrying out its activities.<\/p>\n\n\n\n

OHCHR has   set up field offices in several countries,\nIn 2020, OHCHR had offices in Mexico, Guatemala, Honduras, Colombia, Syria,\nState of Palestine, Tunisia, Yemen, Ukraine, Chad, Guinea, Niger, Liberia,\nSudan, Uganda, Mauritania, south Korea, Cambodia.<\/p>\n\n\n\n

OHCHR    has a list of \u2018experts\u2019 given \u2018mandates\u2019 to\nreport and advice on human rights of specific countries. Currently there are 41\nthematic and 14 country mandates. There are also the HRC \u2018Special Rapporteurs\u2019,\nabout 25 of them, one for each Human Right. These experts serve in their\npersonal capacity, and do not receive pay for their work, which hopefully,\nensures their independence and impartiality. OHCHR provides staffing and logistical support for these experts. <\/p>\n\n\n\n

The OHCHR like the UNHCR is under funded. Other\nUN agencies were given over a billion dollars, the office of the UNHCR has only\n97 million per year, the Organization complained in 2014. <\/p>\n\n\n\n

OCHRC is largely financed from voluntary funds.\nThese donors are mainly US, UK, and other rich Western countries.  USA, particularly has invested heavily in the\nOCHRC and the Office has become a \u2018weapon\u2019 of the US, observed Tamara\nKunanayagam.  All the important staff\npositions in OCHRC are also held by persons from western countries.  They make up half the cadre in the\nOHCHR.  The west influences the Office\nthrough them. <\/p>\n\n\n\n

Countries have objected to the imbalanced representation in the OHCHR,\nwhere the west holds half the staff positions. Every year the\nUNHRC passes (with more than a two thirds majority) a resolution calling upon\nthe OHCHR to end the domination of Westerners in that office and reduce its\ndependency on Western funds, said Tamara. <\/p>\n\n\n\n

OHCHR field\noffices are also fully funded by the Western countries, and most of the staff\nare directly or indirectly linked to the donors, continued Tamara. The offices\nare frequently utilized for destabilization purposes and help the west to gain\na foothold in countries where it is difficult to have a direct western\npresence.  <\/strong>In 2012 t<\/strong>he Government of Nepal asked OHCHR office to leave the\ncountry.  <\/p>\n\n\n\n

OHCHR is not\nimpartial in carrying out its role, said Pathfinder. In 2009, Algeria\ncriticized   the Commissioner\u2019s   report on civilians and armed conflict.\nNavaneethan Pillay had lumped together various conflicts around the world where\ncircumstances differed and used a one size fits all approach.  <\/p>\n\n\n\n

 In Sri Lanka OHCHR was on the side of the LTTE.\nIt was not on the side of the government of Sri Lanka. The Commissioner herself\nwas against Sri Lanka. Navaneethan Pillay, UN Commissioner for Human Rights\n2008-2014, a South African of Indian Tamil origin took the side of the Eelam\nfighters. She spoke against the government of Sri Lanka on many occasions. She\nsaid that the government of Sri Lanka had perpetrated atrocities in the Eelam war\n\u2018under the guise of fighting terrorism\u2019. <\/p>\n\n\n\n

In 2009\nafter the anti Sri Lanka Resolution had been rejected, at the UNHCR she had\ncalled for an independent inquiry into Sri Lanka.  The Algerian envoy had pointed out that the\nCouncil had already rejected the call for such an inquiry. She could not challenge\nthis. <\/p>\n\n\n\n

In 2012,\nafter the US resolution against Sri Lanka at 19 session of UNHRC at Geneva, was\npassed an aide at OHCHR, (Mungoven) had emailed that the US victory was a\nculmination of sustained and determined work over the past few years.\u2019  He had thanked the OCHCR representative in\nSri Lanka, (Velko), the Secretary General\u2019s advisory panel, the Special\nProcedures Branch of the OHCHR and the Special Rapporteur on extra judicial\nexecution. <\/p>\n\n\n\n

Sri Lanka\nrepresentative Tamara Kunanayagam had pointed out that the OHCHR had acted\noutside its mandate in facilitating the US resolution. OCHCR was playing to the\npolitical agenda of the USA and the west. This raised serious doubts about the\nimpartiality of the OHCHR. The OHCHR is bound by the UN Charter to be neutral,\nshe said.<\/p>\n\n\n\n

In May 2014,\npresumably on leave prior to retiring from OHCHR, Navi Pillay appeared at    a US Tamil Sangam\u2019s commemoration event to\nmark the LTTE\u2019s war and those who were killed. She wore a saree that featured\nthe colors in the LTTE flag. She began her address by announcing that she\nhad brought greetings from the Durban (South African) Tamil Sangam.<\/p>\n\n\n\n

At this\nmeeting Navaneethan Pillai said, This memorial event to commentate victims of\nthe final war in Sri Lanka on May 18 in 2009, is a re-enforcement of our\ncommitment to honour the almost 146,000 Tamils perished in the six decades of\nstruggle for self-determination of Tamils in Sri Lanka and reverberations of\ncollective action for justice. <\/p>\n\n\n\n

She had made\nan official visit in 2013. What I saw and heard of the suffering of Tamils in\nSri Lanka is worse. The anguish of survivors was dramatic. I saw fresh shallow\nunmarked graves with limbs and clothing visible abandoned in the sand. That was\nthe point where civilian Tamils who have been shot from air. I saw videos of\npiles of dead bodies, women naked in several areas. It is an enormous violation\nof the Tamil women. Tens of thousands were annihilated, not for no other\nreasons than being Tamil. Such killings constitute international outcry. Sadly,\nthe Tamil minority continues to suffer discrimination. <\/p>\n\n\n\n

Last year,\nthe Government of Sri Lanka refused to play the national anthem in Tamil. In\npast, on Independence Day celebrations it was sung. Last year it was denied.\nThis is one more act of denying the Tamils and their identity. I understand 200\npeople are in detention under the Prevention of Terrorism Act. This act\nviolates human rights. The UNHRC appealed to the Sri Lanka government to review\nit. <\/p>\n\n\n\n

 Tamil lands that were seized by military are\nrestored in minuscule portions. Most lands have been still not been returned.\nInstances of violation of human rights of Tamils are regularly reported to the\nOffice of the High Commissioner for Human Rights, she concluded. Sunday\nTimes<\/em> observed that Navi Pillay was now a champion\nof LTTE policies and propaganda.<\/p>\n\n\n\n

OHCHR dispatched\nseveral high ranking officers on fact finding missions to Sri Lanka starting\n2006. P. Alston, UN Special Rapporteur on extrajudicial executions and Alan\nRock, Special representative of the UN for children in armed conflict came in\n2006. John Holmes, UN Under Secretary for humanitarian affairs, Louse Arbour UN\nHigh Commissioner for Human Rights and Manfred Nowak, the U.N. Special\nRapporteur against torture and other cruel and inhuman treatment came in 2007. Pablo de Greiff<\/a>, Special Rapporteur on the promotion of truth, justice, reparation\nand guarantees of non-recurrence, and Ben Emmerson, UN Special Rapporteur on the promotion and protection of human rights\nand fundamental freedoms while countering terrorism\u201d visited Sri Lanka in July 2017. <\/p>\n\n\n\n

Ben Emmerson was openly critical\nand also threatening.  He said that work\non the 2015 Resolution seems to have ground to a halt. \nThere was little evidence that perpetrators of war crimes were being\nbrought to justice. If Sri Lanka failed to meet HRC commitments, the\ninternational community could use a range of measures increasing in severity,\nagainst Sri Lanka .There comes a point where patience runs out, he said. <\/p>\n\n\n\n

The United\nNations Special Rapporteur on Minority Issues, Rita Izsak-Ndiaye visited in\n2016. She said \u2018Sinhala-Buddhist majoritarian leadership\u2019 as the main reason\nbehind minority grievances and Sri Lanka\u2019s \u2018long civil war\u2019. She also thought\nthat keeping Article 9 of the Sri Lankan Constitution which refers to the\nprimacy of Buddhism, \u2018could lead to further suppression of and discrimination\nagainst minority religions and communities\u2019. <\/p>\n\n\n\n

Rita\nIzsak-Ndiaye   brought strong charges against the Buddhist\nmajority for construction of Buddhist places of worship \u2018in areas that were\ntraditionally non-Buddhist\u2019. she blamed \u2018Buddhist extremists\u2019 for inciting\n\u2018violence and hatred against religious and other minorities while proclaiming\nthe racial superiority of Sinhala Buddhists\u2019. <\/p>\n\n\n\n

Asoka Bandarage\nobserved that the widespread destruction of Buddhist places of worship in the\nisland\u2019s north and the east and incidences of aggression, extremism and\nviolence by members of other religious groups towards the Buddhists, however,\nare not mentioned in Izsak-Ndiaye\u2019s statement.<\/p>\n\n\n\n

Sri Lanka has been highly critical of these HRC\nexperts. These experts arrive with fixed ideas on Tamil Separatism and they\nproduce biased reports based on limited surveys of doubtful validity, said\nG.H.Peiris. They had contact with the LTTE. \nRock had participated in LTTE festivities in Canada.  Louise Arbour met the Bishop of Jaffna and\nmembers of civil society in Jaffna. At her request, several such meetings in Colombo\nand Jaffna were held without the presence of Government or security officials,\nenabling her to interact freely. <\/p>\n\n\n\n

Whenever HRC\nexperts are sent in to review Sri Lanka, the Sri Lanka media and analysts\ndemolish their statements while the Tamil Separatist Movement   praises them. The media criticized Emmerson\nheavily, giving much publicity to his statements. Wijedasa Rajapaksa, then a\nCabinet Minister had openly disagreed with Emmerson. <\/p>\n\n\n\n

These   visiting groups do not hide their support\nfor the LTTE. UN Working Group on Arbitrary Detention, reporting to OHCHR arrived\nin December 2017. They had inspected 30 detention centers and interviews with\nmore than 100 imprisoned persons.  They\ntravelled to Colombo, Negombo, Anuradhapura, Vavuniya, Trincomalee and\nPolonnaruwa.   <\/p>\n\n\n\n

But they were\nnot prepared to visit Commodore D.K.P Dassanayake, held in remand at Welikada, without\nbail, for six months. \u2018He is also an arbitrary detainee, said Dassanayake\u2019s\ndaughter Manjari.  This group came to Sri\nLanka to investigate arbitrary detainees. They interviewed LTTE people, but not\nwar heroes, she commented.  <\/p>\n\n\n\n

TV news\nshowed one of the Group refusing to accept Manjari\u2019s petition. The others had\nsaid they would not come out of the Conference Room till Manjari left.\nCommodore Dassanayake\u2019s wife said she had to hand over her letter to UN\nResident Representative as UN staff refused \nto  let her hand it over directly\nto leader of the Working Group.\u2019 The UN staff had wanted to know, first of\nall,   whether she represented a missing\nLTTE cadre.\u2019<\/p>\n\n\n\n

The\nOHCHR badly wishes to establish an OHCHR field office inside Sri Lanka .High\nCommissioner Louise Arbour had wanted to establish a UN mission to monitor\nhuman rights in Sri Lanka in 2007.  This\nwas criticized as a \u2018diabolical plan\u2019. The government refused to consider it.\nIt emphatically ruled out the possibility\nof establishing a OHCHR country office and setting up a field mission in Sri\nLanka. The Government, quite rightly, rejected the proposal to set up such a\nfield presence said analysts. <\/p>\n\n\n\n

The\n2015 UNHRC Resolution 30\/1 tried to achieve what Louise Arbour had wanted. It\nallowed for the establishment of an office which will have the combined\nfunction of investigation, monitoring, and governance. It would be a permanent\nWestern presence. This Field Office will also see to the implementation of the\n2015 Resolution, going beyond its General Assembly mandate, said Tamara\nKunanayagam <\/p>\n\n\n\n

If such an Office\nis established, Washington and London will take over the entire process. The\noffice will become the Trojan Horse that will permit direct US intervention in\nSri Lanka, concluded Kunanayagam. Rajiva Wijesinghe, then Secretary-General of the Peace\nSecretariat, was told not to\nlet the OHCHR into Sri Lanka, because once they come in you cannot get rid of\nthem. <\/p>\n\n\n\n

In 2014,\nUNHRC requested the UN High Commissioner for Human Rights to undertake a\ncomprehensive investigation into alleged serious violations and abuses of human\nrights and related crimes by both parties in Sri Lanka during the period\ncovered by the Lessons Learnt and Reconciliation Commission (LLRC), with\nassistance from relevant experts and special procedures mandate holders\u201d and\nproduce a report at its twenty-eighth session. <\/p>\n\n\n\n

Instead of commissioning\nsuch an inquiry, OHCHR engaged in an inquiry of its own, known as the OISL\nreport.  (2015) This report was heavily\ncriticized. the correct procedure was for the HCR to appoint a three member\ncommission after the resolution is passed in HCR but here the investigation was\ndone by the OHCR itself, said critics.  <\/p>\n\n\n\n

On page 250 OISL report has recommend that the\nSri Lanka government develop a vetting process to remove form office security\nforce personnel who are believed to have been involved in human rights\nviolations. This is actually a purge of the armed forces. <\/p>\n\n\n\n

 On page\n252 of this report a specific request is made for member states to investigate\nand prosecute those allegedly responsible for war   crimes. This is a call for universal\njurisdiction. <\/p>\n\n\n\n

 Names\nof important military personnel and units have been mentioned in the report in\na manner designed to incriminate and direct investigations. These persons are\nunder grave risk of being arrested in foreign countries for alleged HR\nviolations under universal jurisdiction. <\/p>\n\n\n\n

The OISL Report of the OHCHR came up for\ndiscussion in Geneva on 30.9.15.  The\nHigh Commissioner Zeid Al Hussein\nsaid that there are reasonable ground to believe that the Sri Lanka security\nforces and armed paramilitary forces were implicated in widespread and willful\nkilling of civilians and other protected persons. <\/p>\n\n\n\n

 There\nwas also widespread torture by the armed forces Of LTTE members and civilians\ndetained on a mass scale, also rape. \nThere was repeated shelling of hospitals etc. denial of medical supplies\nand food. IDPs were deprived of their liberty in camps far beyond what is\nacceptable in international law, and discriminated against because of their\nTamil ethnicity, which may amount to crime against humanity. <\/p>\n\n\n\n

 Zeid Al\nHussein says that reports suggest the existence of secret and unacknowledged\nplace of detention.  He recommended a\nhybrid court of international judges, prosecutors, lawyers and investigators to\ntry war crimes and crimes against humanity.  \n( continued)<\/p>\n","protected":false},"excerpt":{"rendered":"

\u00a0KAMALIKA PIERIS OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR) The Office of the High Commissioner for Human Rights (OHCHR) is a separate body. It is not part of the UNHCR. It is a department of the Secretariat of the United Nations. Unlike the UNHCR, the Office of High Commissioner for Human Rights (OHCHR) […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[104],"tags":[],"class_list":["post-114370","post","type-post","status-publish","format-standard","hentry","category-kamalika-pieris"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/114370","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=114370"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/114370\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=114370"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=114370"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=114370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}