{"id":47520,"date":"2015-09-02T20:59:24","date_gmt":"2015-09-03T02:59:24","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=47520"},"modified":"2015-09-02T03:40:19","modified_gmt":"2015-09-02T10:40:19","slug":"lets-go-back-to-the-1st-unhrc-resolution-on-sri-lanka-in-may-2009","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2015\/09\/02\/lets-go-back-to-the-1st-unhrc-resolution-on-sri-lanka-in-may-2009\/","title":{"rendered":"Let\u2019s go back to the 1st UNHRC Resolution on Sri Lanka in May 2009"},"content":{"rendered":"

Shenali D Waduge<\/strong><\/em><\/span><\/h2>\n

3 decades of terrorism in Sri Lanka ended in May 2009 following a military defeat of the LTTE. The Human Rights Council announced on 22 May 2009 that it would hold a special session to address the human rights situation in Sri Lanka on 26 May 2009. It was being convened at the request of Germany on behalf of 17 members of the HRC: Canada, France, Italy, Mexico, the Netherlands, Korea, Slovakia, Slovenia, Switzerland, Ukraine, Argentina, Bosnia & Herzegovina, Mauritius, Chile, Uruguay and the UK. General Assembly Resolution 60\/251 which created the Human Rights Council states in its operative paragraph 10 that the Council shall be able to hold Special Sessions when needed at the request of a member of the Council with the support of one-third of the membership of the Council\u201d. To convene a special session 1\/3 of the HRC members were required. The magical 16 number was achieved. Arguably if the members of the UN\/HRC had shown this much of passion during the terrorist conflict about human rights et al we may have not had to endure 3 decades of terror.<\/strong><\/p>\n

http:\/\/www.ohchr.org\/EN\/NewsEvents\/Pages\/DisplayNews.aspx?NewsID=9105&LangID=E<\/a><\/p>\n

Thus on 27th<\/sup> May 2009, less than 10 days following the military defeat of the LTTE, the Human Rights Council adopted a resolution. It was called a \u2018resolution of assistance to Sri Lanka in the promotion and protection of human rights\u2019. The resolution went to vote. 29 voted in favour, 12 against and 6 abstained.<\/p>\n\n\n\n\n
Voted in favour (29): <\/strong><\/td>\nVoted against (12):<\/strong><\/td>\nAbstained (6) :<\/strong><\/td>\n<\/tr>\n
Angola, Azerbaijan, Bahrain, Bangladesh, Bolivia, Brazil, Burkina Faso, Cameroon, China, Cuba, Djibouti, Egypt, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Uruguay, and Zambia.<\/p>\n

 <\/td>\n

Bosnia and Herzegovina, Canada, Chile, France, Germany, Italy, Mexico, Netherlands, Slovakia, Slovenia, Switzerland, and United Kingdom<\/p>\n

 <\/td>\n

(the highlighted 4 originally supported Germany\u2019s call for a special session)<\/p>\n

Argentina<\/strong>, Gabon, Japan, Mauritius, Republic of Korea, and Ukraine<\/strong><\/p>\n

 <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Little is said about the counter resolution (no-action motion) L.1\/Rev.2 brought by Cuba submitted before taking action on the draft resolution. Germany in fact wished to make 9 amendments to the L.1\/Rev.2 forcing Cuba to invoke rule 117 of the Rules of Procedure and block discussions.<\/p>\n\n\n\n\n
Voted in favour (22): <\/strong><\/td>\nVoted against (17):<\/strong><\/td>\nAbstained (7) :<\/strong><\/td>\n<\/tr>\n
Angola, Bahrain, Bangladesh, Bolivia, Burkina Faso, Cameroon, China, Cuba, Djibouti, Egypt, Ghana, India, Indonesia, Madagascar, Malaysia, Nicaragua, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, and South Africa<\/td>\nArgentina, Bosnia and Herzegovina, Canada, Chile, France, Germany, Italy, Japan, Mauritius, Mexico, Netherlands, Republic of Korea, Slovakia, Slovenia, Switzerland, United Kingdom, and Uruguay<\/td>\nAzerbaijan, Brazil, Gabon, Nigeria, Senegal, Ukraine, and Zambia.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

It was interesting that after 3 decades throughout which so many civilians were targets of LTTE terror was ignored the very same nations are suddenly piqued about violations of rights that they jumped to sponsor a Special Session which however led to no consensus for a follow-up against Sri Lanka despite the chirping by them of violations devoid of evidence!<\/strong> What were these nations doing all these years when LTTE were sending suicide missions and placing bombs in public places or cutting up villagers to pieces?<\/p>\n

The very countries that had been shouting weapons of mass destruction in Iraq (a mere publicity stunt to invade & occupy Iraq) were now screaming \u2018war crimes\u2019 against Sri Lanka without an iota of evidence. The statements issued by the envoys of the members clearly established that even after 3 decades member nations were clueless about the terrorist situation in Sri Lanka, the type of terror LTTE unleashed, how and who created and funded LTTE and the other entities linked to LTTE over the years some of them being the very countries who were pretending to be paragons of virtue.<\/p>\n

http:\/\/www.ohchr.org\/EN\/NewsEvents\/Pages\/DisplayNews.aspx?NewsID=9105&LangID=E#sthash.RuMeKctv.dpuf<\/a><\/p>\n

Be that as it may the Human Rights Council resolution of 26 May 2009 S-11\/1 Assistance to Sri Lanka in the promotion and protection of human rights<\/p>\n

If in 2009 the Human Rights Council reaffirmed its respect for the sovereignty, territorial integrity and independence of Sri Lanka and Sri Lanka\u2019s sovereign rights to protect its citizens and to combat terrorism, the HRC must be fully aware that the decision to militarily defeat the LTTE came after 3 decades of suffering terror at the hands of the LTTE and after ceasefires, peace talks, negotiations, foreign-monitoring missions, foreign-mediated talks all failed to stop LTTE from murdering people and causing mayhem across the country.\u00a0 <\/strong><\/p>\n

While the 2009 HRC Resolution condemned LTTE for \u2018launching attacks on civilian populations\u2019 and \u2018using civilians as human shields\u2019 and kept \u2018against their will as hostages\u2019 what riot act is the HRC reading out to the LTTE and against whom will the HRC take action? <\/strong><\/p>\n

When the 2009 HRC Resolution welcomed the conclusion of hostilities and efforts by the GOSL to ensure the safety and security of all Sri Lankans on what grounds were the parallel accusations being brought? <\/strong><\/p>\n

If the HRC is upholding Sri Lanka\u2019s rights to its sovereignty why did the HRC include the need to implement the 13th<\/sup> amendment and refer to a political solution when Sri Lanka has been all the time saying that we suffered a terrorist problem which even the Tamils were victims of. <\/strong><\/p>\n

It is also interesting to note that following the liberation of the East in 2008 none of the present pressures about IDPs, relief, rehabilitation, human rights was shown by any of the countries delivering heart rendering speeches about Sri Lanka\u2019s duties towards its citizens!<\/strong><\/p>\n

\u00a0<\/em>The highlights of the 2009 resolution<\/p>\n