{"id":114489,"date":"2021-05-23T16:18:34","date_gmt":"2021-05-23T23:18:34","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=114489"},"modified":"2021-05-23T16:18:34","modified_gmt":"2021-05-23T23:18:34","slug":"erasing-the-eelam-victory-part-18d-pt-5d","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/05\/23\/erasing-the-eelam-victory-part-18d-pt-5d\/","title":{"rendered":"ERASING THE EELAM VICTORY Part 18D Pt 5D"},"content":{"rendered":"

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

Sri Lanka has\nbeen taking a defensive position in Geneva, from the first UNHRC resolution in\n2012.  Always explaining its actions\nduring and after the conflict, observed Neville Ladduwahetty. This is a flawed\nstrategy, he said. Instead, Sri Lanka should table a Resolution in the General\nAssembly and seek redress. <\/p>\n\n\n\n

Sri Lanka\nshould not have to keep going to the UNHRC to make its case, given that 10\nyears had now lapsed since the end of the war, said Sarath Amunugama in\nParliament. Its 10 years now since the end of the war. This joke must stop,\u201d he\nsaid. <\/p>\n\n\n\n

Unlike Sri Lanka,\nother countries ignore UNHRC. UNHRC has passed many resolutions against Israel.\nIn 2017, HRC adopted 5 such resolutions in one session despite opposition from\nUS and UK. Israel boycotts UNHRC and does not reply to the charges leveled against it. <\/p>\n\n\n\n

India told the UN\npoint blank that it was not ready to talk about Kashmir at the UN. When anti-\nMuslim clashes took place in Gujarat, in 2002, killing over 1,000 civilians and\ninjuring many more, India told the UN that it was an internal matter and New\nDelhi would not allow it to be raised at international forums.<\/p>\n\n\n\n

Sri Lanka\nshould now change its strategy. Sri Lanka  \n   should stop running to Geneva. It should go\nstraight to the UN General Assembly, and make a formal complaint about UNHRC\nand OHCHR. <\/p>\n\n\n\n

Sri Lanka\nmust begin by reporting UNHCR and OHCHR for interference in Sri Lanka\u2019s\ninternal matters. The   Eelam war was a\nsecessionist civil war which stayed within the island. It did not spill out to\nother countries. It was an internal matter. The military fought a secessionist\ngroup, not an ethnic community. <\/p>\n\n\n\n

Also, the\nEelam war was primarily a political issue, relating to sovereignty, not a Human\nrights issue.  But UNHCR looked at it as\na violation of Human rights and focused on accountability and reconciliation.<\/p>\n\n\n\n

Secondly, Sri\nLanka must report UNHRC and OHCHR for grossly exceeding its mandate. UNHCR has\ndone this over and over again in its anti-Sri Lanka Resolutions. Resolution\n30\/1 of 2015 speaks of devolution of political authority, land use and\nownership, with a call to the people of Sri Lanka to work with OHCHR and NGOs.\nThese are internal matters which are outside the remit of the UNHRC. <\/p>\n\n\n\n

The UN General Assembly must also be told of\nthe dishonest methods used by UNHRC, and OHCHR under the guise of Human Rights,\nto push the Eelam agenda.  <\/p>\n\n\n\n

HRC has used for this purpose, contrived,\nbiased reports (Darusman and OISL) crackpot documentaries, (Channel Four)    extreme observations (UNHRC   Special Rapporteurs) and evaluations by the\nOHCHR itself. The faulty Darusman report was used as a primary source by the\nOCHRC.  The OISL Report is \u2018unique\u2019 and\nwas the first of its kind by his Office in respect of any country said the High Commissioner. (see Note 1)<\/p>\n\n\n\n

There\nis also the question of ethics. UNHRC sponsors false reports and threatens\nsmall, defenseless countries to please powerful countries, while turning a\nblind eye to the HR abuses of those powerful countries.\nThe degree of pressure that was exerted on Sri Lanka is without parallel, said\nGL Pieris.<\/p>\n\n\n\n

Sri Lanka\nwill receive support at the UNGA. There is much goodwill for Sri Lanka at the\ninternational level, for its long standing record of democracy, economic and\nsocial achievements, its old civilization and multiracial roots, said Sarala\nFernando, writing in 2021., <\/p>\n\n\n\n

The countries\nthat spoke out at the UNHRC in support of Sri Lanka will speak out at the UNGA.\nThey will have much to say and will say with gusto.  Cuba said  \nUNHRC has one policy towards some countries and another towards other\ncountries. There are no resolutions on countries responsible for invasions\nof other countries and killing their people.   We are against this\nduplicity. <\/p>\n\n\n\n

We are\nagainst the politicization of the UNHRC, continued Cuba. We are against any\ncountry-specific resolution. That is our stand. It is an infringement of\nthe country\u2019s sovereignty. It is unnecessary interference with internal affairs\nof a country.  It is the creation of unnecessary pressure on a country.\nWhen a country is singled out in this manner,   it will not cooperate.\nThere should only be co-operation by the UNHRC with the member states.  <\/p>\n\n\n\n

In 2013,\nCuba\u2019s ambassador to Sri Lanka was asked by the media, UNHRC has adopted two\nresolutions on Sri Lanka. What are your views on them. These resolutions have\nnot been fair by Sri Lanka, the Ambassador replied. They have not recognized\nSri Lanka\u2019s achievements. Why is Sri Lanka singled out? Sri Lanka has not\ninvaded another country and killed its people. <\/p>\n\n\n\n

In 2018,\nRussian Ambassador to Sri Lanka   said\nWe are strongly condemning the use of human rights issues as an excuse for\ninterfering in domestic affairs of countries as well as undermining the basic\nprinciples of International Law. We oppose the adoption of the politicized\ncountry-specific resolutions. The adoption of country-specific resolutions has\nonly one goal, to punish unfavorable governments. This is utterly\ncounterproductive.  It has not\ncontributed to improvements in the human rights situation.<\/p>\n\n\n\n

China\u2019s\nPermanent Representative in Geneva, Ambassador Chen Xu spoke up for Sri Lanka\nin his official statement in the Interactive Dialogue on the OHCHR Report on\nSri Lanka during the 46th Session of the Human Rights Council in 2021. <\/p>\n\n\n\n

Ambassador\nChen Xu   said, it is the consistent\nstand of China to oppose politicization and double standards on human rights,\nas well as using human rights as an excuse in interfering in other countries\u2019\ninternal affairs. We are concerned about the clear lack of impartiality shown\nin the OHCHR\u2019s report to this session on Sri Lanka and express our regret over\nthe failure of the OHCHR to use the authoritative information provided by the\nSri Lankan Government. The so-called preventive intervention\u201d and the proposed\ntargeted sanctions contained in the OHCHR\u2019s report are clear interference in\nthe internal affairs of Sri Lanka and exceed the mandate of the OHCHR.<\/p>\n\n\n\n

Sri Lanka should stay the course\nand not budge from its present position, said analysts. Sri\nLanka  government has put up a good fight\nall these years in the face of tremendous pressure from the US led western\nbloc, Perseverance\nwill pay off in the end. The rest of the world is also  becoming critical about UNHRC. <\/p>\n\n\n\n

In 2011   while the UN\nGeneral Assembly was meeting in New York and Human Rights Council was in\nsession in Geneva, the Canadian Minister of Citizenship and Immigration spoke\nat a conference in New York,  and what he\nsaid sounded much like what Sri Lanka was saying. He had, inter alia,  criticized the UN  High Commissioner for Human Rights,  Navaneethan Pillai. <\/p>\n\n\n\n

The\nCouncil was never established to isolate countries, intimidate and harass\nnations. It was designed to help countries to improve their human rights\nperformance in a collaborative manner. The Council\u2019s job is to assist and to\nencourage, not to punish. This was the objective of those who created the\nCouncil in the first place, said critics. <\/p>\n\n\n\n

  UNHCR is well  aware of the criticism. We recognize that  the Human Rights Council is a flawed body, in\nneed of reform to its agenda, membership, and focus,  admitted USA in 2021. UN High Commissioner\nannounced at the 32nd session of UNHRC in 2013, a growing number of countries\nare refusing to cooperate with the UNHRC. But \nthis will not deter the UNHRC, he said.  <\/p>\n\n\n\n

Sri\nLanka should now go before the UN General Assembly,  and suggest that the UNHRC should be scrapped\n.it should be replaced by  something more\neffective, an  organization which is\nfully funded by the UN  and therefore   independent of all member states. The focus\nshould be on prevention  and mediation,\nnot fault finding. While the other more prestigious UN  organization \nprovides services to member states, UNHRC engages in fault finding.<\/p>\n\n\n\n

 International Labor Organization, created in 1919, has been offered as an example, probably\nbecause the ILO also deals with sensitive issues. ILO became a specialized agency of\nthe United Nations in 1946. It has a unique tripartite structure  which gives an equal voice to workers,\nemployers and governments. They are\nall represented on its Governing Body and participate in its decision-making\nprocesses. ILO has passed 189 Conventions \u2013 more than any other body. ILO\nConventions become a part of national law not on ratification by States, but by\nincorporation of their provisions into the national laws. ILO officials treat\nmembers with the utmost respect, said   experts.\n<\/p>\n\n\n\n

UNHRC is not as\nwell  entrenched as  people think. It is\nstill under observation. Its future is  uncertain. \nWhen the UNHRC was created, the UN General Assembly decided that\nthe work and functioning of the new HRC should be reviewed five years after it\nhad come into existence, and the review should take place at the level of the\nGeneral Assembly. At this review, the status of the Council would also be\nconsidered.\u201d<\/p>\n\n\n\n

The first review of the UHRC took place in\n2011.The General Assembly decided to \ncontinue   the Human Rights\nCouncil as  a subsidiary body  and to re-examine its position at a date   no sooner than ten years and no later than\nfifteen years from 2011. (Resolution 65\/281 of 17.6.2011.) This means that\nUNHRC will come up for review before the UN General Assembly in 2021 or between\n2021 and 2026. It is likely that at this second review, a firm decision will be\ntaken whether to continue with the UNHRC or not.  <\/p>\n\n\n\n

There is already an overlap\nbetween UNHRC and the  Third Committee of the UN General Assembly\n(UNGA).<\/strong> Third Committee deals\nwith a wide range of social and economic issues,  including human rights and humanitarian\naffairs. It  examines human rights\nquestions, including reports of the Special Procedures of the Human Rights\nCouncil  .UNHRC submits its annual report\nto the Third Committee,  for  submission to UNGA. This makes UNHRC a subsidiary of the Third Committee, rather\nthan UNGA, moaned HR fanatics. <\/p>\n\n\n\n

NOTE 1<\/strong><\/p>\n\n\n\n

  • the Panel in the Darusman \nreport came from outside the UN. This violates the authority under which\nthe  UN \nSecretary General is expected to function.  The role of the panel was only \u2018advisory\u2019.<\/li>
  • The\nHigh commissioner admitted that his report on Sri Lanka (OISL Report)  the exercise has been done for the first\ntime. The report is \u2018rather unique\u2019 and it is the first of its kind by his\noffice in respect of nay country. The report makes drastic recommendations\nrelating to demilitarization of the north and east, downsizing the military,\nremoving the indispensable security mechanism embedded in the Public Security\nOrdinance and impinging on the command structures of the military. Other\nrecommendations are breathtaking in the degree of intrusive impact including\nfundamental land reforms, distributing political and administration powers\nwithin the country, and the establishment . of special courts outside the\ncountry legal system.  193 countries are\nexhorted to prosecute Sri Lanka \u2018under universal jurisdiction.\u2019 Sri Lanka is\ncastigated for delays in resettling persons without mentioning the presence of\nland mines.  All member states of the UN\nare asked to  re-consider applications by\nSri Lanka military and police for participation in peace keeping and training\nprogrammes across the world..    (GL\nPieris) <\/li>
  • The OISL report calls on the Sri Lankan Government to accede to\nthe Rome Statute of the International Criminal Court and establish a hybrid\nCourt to handle allegations of war crimes and human rights abuses. However, it\nis impossible to take such action as that would be a violation of the\nConstitution of Sri Lanka. <\/li>
  • 2015\nResolution is all about system change, a complete overhaul of Sri Lanka\u2019s\npolitical, legal, security and defense system to serve the global interests of\nthe United States, said Tamara Kunanayagam.\n( Continued)<\/li><\/ul>\n","protected":false},"excerpt":{"rendered":"

    KAMALIKA PIERIS Sri Lanka has been taking a defensive position in Geneva, from the first UNHRC resolution in 2012.  Always explaining its actions during and after the conflict, observed Neville Ladduwahetty. This is a flawed strategy, he said. Instead, Sri Lanka should table a Resolution in the General Assembly and seek redress. Sri Lanka should […]<\/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-114489","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\/114489","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=114489"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/114489\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=114489"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=114489"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=114489"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}