The draft of the revised Resolution by the United Nations (UN) Core Group of countries on Sri Lanka was tabled at the UN Human Rights Council (UNHRC) on Friday night (12) with more revisions, including a paragraph calling for the implementation of the 13th Amendment (13A) to the Constitution.
The Resolution, titled “Promoting reconciliation, accountability, and human rights in Sri Lanka”, was presented by the Core Group comprising Canada, Germany, Malawi, Montenegro, North Macedonia, and the UK.
The new paragraph on 13A also urged Sri Lanka to fulfil the commitment to devolve political power.
It said: “Calling upon the Government of Sri Lanka (GoSL) to fulfil its commitments on the devolution of political authority, which is integral to reconciliation, and the full enjoyment of human rights by all members of its population and encouraging the Government to respect local governance, including through the holding of elections for provincial councils (PCs), and to ensure that all PCs, including the Northern and Eastern PCs, are able to operate effectively, in accordance with the 13th Amendment to the Constitution.”
When the draft was revised for the first time, a new paragraph was inserted to highlight the joint statement issued on 26 May 2009 by then President Mahinda Rajapaksa and then UN Secretary General Ban Ki-moon to seek a political settlement and to bring about lasting peace and development in Sri Lanka. This paragraph remains unchanged.
It also said that states should comply with their relevant obligations under human rights law and international humanitarian law (IHL), including where applicable to prosecute those responsible for gross violations of human rights law or serious violations of IHL.
The Resolution has been revised to remove “positive” from the sentence which read “positive engagement between the GoSL and the Office of the UN High Commissioner for Human Rights (HCHR) between 2015 and 2019”. Now, it simply says “the engagement”, and the timeframe “between 2015 and 2019” has also been taken out.
The increased marginalisation of the Tamil and Muslim minorities, restrictions on media freedom, and restrictions on the public memorialisation of victims of war, including the destruction of a memorial, have been added in the new draft as areas of serious concern.
The paragraph on the mandatory cremation of Covid-19 victims has been amended to take off the sentence, “the decision made by the GoSL to mandate cremations for all those deceased from Covid-19”. The entire paragraph has not been taken out, however, as reportedly requested by the Government stating that the burial of victims has been allowed. The relevant paragraph now says: “…Expresses further concern that the response to the coronavirus (Covid-19) pandemic has had an impact on the freedom of religion or belief and exacerbated the prevailing marginalisation of and discrimination against the Muslim community, and that cremations for those deceased from Covid-19 have prevented Muslims and members of other religions from practicing their own burial-related religious rites, and has disproportionately affected religious minorities and exacerbated distress and tensions.”
The Resolution called on Sri Lanka to ensure the effective and independent functioning of the Human Rights Commission of Sri Lanka, Office on Missing Persons, and Office for Reparations to deliver their respective mandates.
It also called upon Sri Lanka to protect human rights defenders, to end surveillance, and to foster the freedom of religion or belief.
The final paragraph has been amended to include not only a written update but also an oral update from the Office of the UNHCHR at two separate UNHRC sessions instead of one.
Accordingly, the Resolution requested the UNHCHR to enhance monitoring and reporting on the situation of human rights in Sri Lanka, including on progress in reconciliation and accountability, and to present an oral update to the UNHRC at its 48th Session, as well as a written update at its 49th Session.
It said that a comprehensive report that includes further options for advancing accountability should be presented at the UNHRC’s 51st Session. Both reports are to be discussed in the context of an interactive dialogue.
Meanwhile, the UK Parliament, on 12 March, said that its parliamentarians would hold a general debate on a motion on the UK’s commitment to reconciliation, accountability, and human rights in Sri Lanka.
The House of Commons said that the general debate put forward by backbench MPs Siobhain McDonagh, Elliot Colburn, and Edward Davey will be held on 18 March.
However, Foreign Affairs Minister Dinesh Gunawardena said that Sri Lanka cannot in any way agree to the said Resolution, adding that the country’s response to the final draft and the final position on the matter would be declared next week at the UNHRC.
Gunawardena told The Sunday Morning earlier on Friday: “We cannot agree to the Resolution that they are bringing in. Many countries have already expressed their objection to the content during the meetings that have been held. We do have another round. We have not given a fixed date but we have the opportunity next week, after the Resolution is tabled. The Ambassador has the right to reply. We will make it next week.”
When queried about support at a vote on the Resolution, he said that Sri Lanka has no issue about the support of friendly countries.
“It is the western countries that run this. They do have a vote bloc. We are having fair support and it is growing. Only after the final draft is tabled will the reaction increase,” he added.
