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South African President Ramaphosa Urged to Help Refer Sri Lanka to Int’l Criminal Court (ICC) – Urges P2P Movement

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P2P Movement which recently led a five day march joined by tens of thousands of Tamils have urged South African President Ramaphosa to help to Refer Sri Lanka to the International Criminal Court (ICC), for war crimes, crimes against humanity and Genocide committed against the Tamil people by the Sri Lankan State.

“Since South Africa is one of the world powers, have undergone the pain of Apartheid, active on international issues and have good understanding of the Tamil issues, we are writing to appeal to you to help Refer Sri Lanka to the International Criminal Court (ICC) by including it in the current UN Human Rights Council Resolution on Sri Lanka called “Zero Draft” dated February 19, 2021, which was jointly submitted by United Kingdom, Canada, Germany, Montenegro and North Macedonia” said the letter.

“These countries did not even consult the victims when they drafted this Resolution and ignored joint appeals by Tamils, before they submitted this arbitrarily written “Zero Draft” at the UN Human Rights Council.”

As victims and victim representatives, we are appealing to you to use your good offices to help Refer Sri Lanka to the International Criminal Court (ICC) in the Zero Draft Resolution.

This “Zero Draft” does not meet even the basic expectations of the Tamil community who are the victims of the atrocity crimes including mass killings of Tamils and rape of Tamil women by the Sri Lankan Security Forces.

Due to the serious nature of the situation, Tamils unitedly sent a letter over a month ago to UN Human Rights Council members on January 15, 2021, urging Sri Lanka to be referred to International Criminal Court (ICC). This call was validated by tens of thousands of Tamils in a recent rally called Pothuvil to Polikandy (P2P) which was organized by the North-East Civil Society.

We specifically urge this request, after losing any hope of getting justice for war crimes, crimes against humanity, and Genocide committed against Tamil people by the Sri Lankan State.

“Not referring Sri Lanka to ICC will not only open the doors for abusers of atrocity crimes to escape justice, but it will also embolden Sri Lankan political leaders and Security Force leaders to commit international crimes against Tamil people without any hesitation, knowing well that they will not have to face justice. We strongly urge you to seriously consider this risk Tamil people will face, if Sri Lanka is not referred to International Criminal Court (ICC).”

Furthermore, the current High Commissioner for Human Rights Michelle Bachelet in her Report dated 27th January 2021 urged UN Human Rights Council Member States to take steps toward the referral of the situation in Sri Lanka to the International Criminal Court (ICC).

Also, twenty former senior UN officials, including four former UN High commissioners of human rights, nine independent UN experts and all members of the UN Secretary General’s Panel of Experts on Sri Lanka jointly issued a statement on February 18, 2021 titled “Sowing the Seeds of Conflict” have called on Sri Lanka to be Referred to International Criminal Court (ICC).

“….the fact is that Sri Lanka has made its justice institutions unavailable to its own victims. We therefore echo the High Commissioner’s recommendations to work with victims and their representatives to pursue justice through universal or extraterritorial jurisdiction. Existing international avenues for accountability such as the International Criminal Court (ICC) should be considered” said the report.

Some examples of international atrocity crimes committed against Tamil people by the Sri Lankan State:

1) According to the March 2011 Report of the UN Secretary General’s Panel of Experts on Accountability in Sri Lanka stated that war crimes and crimes against humanity were committed during the final stages of the armed conflict and around 40,000 Tamil civilians were killed in the final six months of the war that ended in May 2009.

2) According to the November 2012 Report of the UN Secretary-General’s Internal Review Panel on UN Action in Sri Lanka, over seventy thousand (70,000) Tamils were unaccounted for during the final six months of the war that ended in May 2009.

3) Several were killed when Sri Lankan forces repeatedly bombed and shelled an area designated by the Government as No Fire Zones (Safe zones). Even hospitals and food distribution centers were bombed. Several also died of starvation and bled to death due to lack of medical treatment.

4) International Truth and Justice Project (ITJP) in February 2017 handed over details to UN of Sri Lankan Military run “Rape Camps”, where Tamil women are being held as “sex slaves.”

5) According to UK Foreign and Commonwealth Office report on April 2013, there are over 90,000 Tamil war widows in Sri Lanka.

6) Thousands of Tamils disappeared including babies and children. UN Working Group on Enforced Disappearances stated that the second-highest number of enforced disappearance cases in the world is from Sri Lanka.

BELOW, PLEASE FIND THE FULL LETTER:

March 12, 2021

Honorable Cyril Ramaphosa
President of South Africa
Pretoria
South Africa

Dear Honorable President,

Appeal to South Africa to help Refer Sri Lanka to the International Criminal Court (ICC) at the UN Human Rights Council

Since South Africa is one of the world powers, have undergone the pain of Apartheid, active on international issues and have good understanding of the Tamil issues, we are writing to appeal to you to help Refer Sri Lanka to the International Criminal Court (ICC) by including it in the current UN Human Rights Council Resolution on Sri Lanka called “Zero Draft” dated February 19, 2021, which was jointly submitted by United Kingdom, Canada, Germany, Montenegro and North Macedonia.

These countries did not even consult the victims when they drafted this Resolution and ignored joint appeals by Tamils, before they submitted this arbitrarily written “Zero Draft” at the UN Human Rights Council.

As victims and victim representatives, we are appealing to you to use your good offices to help Refer Sri Lanka to the International Criminal Court (ICC) in the Zero Draft Resolution.

This “Zero Draft” does not meet even the basic expectations of the Tamil community who are the victims of the atrocity crimes including mass killings of Tamils and rape of Tamil women by the Sri Lankan Security Forces.

Due to the serious nature of the situation, Tamils unitedly sent a letter over a month ago to UN Human Rights Council members on January 15, 2021, urging Sri Lanka to be referred to International Criminal Court (ICC). This call was validated by tens of thousands of Tamils in a recent rally called Pothuvil to Polikandy (P2P) which was organized by the North-East Civil Society.

We specifically urge this request, after losing any hope of getting justice for war crimes, crimes against humanity, and Genocide committed against Tamil people by the Sri Lankan State.

Not referring Sri Lanka to ICC will not only open the doors for abusers of atrocity crimes to escape justice, but it will also embolden Sri Lankan political leaders and Security Force leaders to commit international crimes against Tamil people without any hesitation, knowing well that they will not have to face justice. We strongly urge you to seriously consider this risk Tamil people will face, if Sri Lanka is not referred to International Criminal Court (ICC).

Furthermore, the current High Commissioner for Human Rights Michelle Bachelet in her Report dated 27th January 2021 urged UN Human Rights Council Member States to take steps toward the referral of the situation in Sri Lanka to the International Criminal Court (ICC).

Also, twenty former senior UN officials, including four former UN High commissioners of human rights, nine independent UN experts and all members of the UN Secretary General’s Panel of Experts on Sri Lanka jointly issued a statement on February 18, 2021 titled “Sowing the Seeds of Conflict” have called on Sri Lanka to be Referred to International Criminal Court (ICC).

“….the fact is that Sri Lanka has made its justice institutions unavailable to its own victims. We therefore echo the High Commissioner’s recommendations to work with victims and their representatives to pursue justice through universal or extraterritorial jurisdiction. Existing international avenues for accountability such as the International Criminal Court (ICC) should be considered” said the report.

Some examples of international atrocity crimes committed against Tamil people by the Sri Lankan State:

1) According to the March 2011 Report of the UN Secretary General’s Panel of Experts on Accountability in Sri Lanka stated that war crimes and crimes against humanity were committed during the final stages of the armed conflict and around 40,000 Tamil civilians were killed in the final six months of the war that ended in May 2009.

2) According to the November 2012 Report of the UN Secretary-General’s Internal Review Panel on UN Action in Sri Lanka, over seventy thousand (70,000) Tamils were unaccounted for during the final six months of the war that ended in May 2009.

3) Several were killed when Sri Lankan forces repeatedly bombed and shelled an area designated by the Government as No Fire Zones (Safe zones). Even hospitals and food distribution centers were bombed. Several also died of starvation and bled to death due to lack of medical treatment.

4) International Truth and Justice Project (ITJP) in February 2017 handed over details to UN of Sri Lankan Military run “Rape Camps”, where Tamil women are being held as “sex slaves.”

5) According to UK Foreign and Commonwealth Office report on April 2013, there are over 90,000 Tamil war widows in Sri Lanka.

6) Thousands of Tamils disappeared including babies and children. UN Working Group on Enforced Disappearances stated that the second-highest number of enforced disappearance cases in the world is from Sri Lanka.

History of false promises by the Sri Lankan Government on accountability for international crimes:

We also would like to bring to your attention that successive Sri Lankan Governments have failed to implement any of the UNHRC Resolutions, including the ones they voluntarily co-sponsored.

The previous Government not only failed to take any meaningful steps to implement the Resolution that it co-sponsored, on the contrary the President, Prime Minister and senior members of the Government have repeatedly and categorically stated that they will not implement the UNHRC Resolution.

The current Government went one step further and officially withdrew from the co-sponsorship of the Resolutions 30/1, 34/1 and 40/1 and walked away from the UNHRC accountability process.

Furthermore, as a snub to UNHRC, only soldier who was ever punished and sentenced to death for killing civilians including children were pardoned by the current President.

Also, several senior military officials who were credibly accused of committing war crimes have been given promotions and treated as “war heroes.” One officer who was named in UN reports as a suspected war criminal was promoted as a four-star General.

We appeal to you to take our appeal seriously and include Referral to International Criminal Court (ICC) in the Zero draft Resolution.

Thank you.

Sincerely,

Thavaththiru Velan Swamigal (Coordinator)
S.Sivayoganathan (Coordinator)
Rev. Fr. Kandaiah Jagathas (Coordinator)

Contact: Thavaththiru Velan Swamigal / S. Sivayoganathan
Phone: (+94) 077 761 4121 / (+94) 077 906 0474
Email: p2p.people.uprising.movement@gmail.com
P2P Movement
P2P Movement
+94779060474 ext.
p2p.people.uprising.movement@gmail.com

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Sri Lanka’s COVID-19 death toll up to 525

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Sri Lanka’s COVID-19 death toll rose to 525 yesterday with the confirmation of five fatalities.

The Director General of Health Services said a 72 year old female from Akkareipattu passed away on Thursday while a 75 year old male, a resident of Moratuwa, also passed away on Thursday.

A 72 year old female a resident of Wattala meanwhile succumbed to the virus on Thursday while a 65 year old male a resident of Ragama passed away on Wednesday.

A 73 year old male resident of Polgasowita also succumbed to the virus yesterday.

The cause of deaths were determined as COVID-19 infections and other health complications.

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British parliament to hold debate on Sri Lanka ahead of crucial UN vote

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Britain’s parliament is to hold a debate on the “UK’s Commitment to Reconciliation, Accountability and Human Rights in Sri Lanka,” as a resolution on the issue is due to be voted on at the UN Human Rights Council in Geneva this month.

The debate, organised by the All Party Parliamentary Group on Tamils, will be held on March 18th.

The announcement of the debate comes as the Core Group on Sri Lanka at the United Nations Human Rights Council tabled a resolution on accountability.

The resolution, being tabled in Geneva today, calls on the Office of the High Commissioner for Human Rights to “collect” as well as “consolidate, analyse and preserve” evidence that could be used in future war crimes trials.

However, it has failed to implement UN High Commissioner Michelle Bachelet’s recommendations which call on member states to consider asset freezes and travel bans on Sri Lankan officials credibly accused of human rights abuses and to consider “steps towards the referral of the situation in Sri Lanka to the International Criminal Court (ICC)”.

Whilst the British government has defended the resolution, both the UK Labour and Liberal Democrat parties have called for stronger wording.

Shadow Minister Stephen Kinnock, called on the government to “comprehensively rewrite” the current proposed UN resolution. Leader of the UK Liberal Democratic Ed Davey also slammed the proposed resolution on Sri Lanka stating it “completely fails to rise to the challenge”.

Indian envoy lays foundation stone for 144 transit housing units for Madhu church pilgrims

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The Indian High Commissioner Gopal Baglay on Friday, laid the foundation Stone for the construction of 144 transit housing units for pilgrims at the Shrine of Our Lady of Madhu in Mannar along with Hon’ble Prasanna Ranatunga, Minister of Tourism in the presence of Most Rev. Dr. Emmanuel Fernando , Bishop of Mannar, and three Members of Parliament – TELO Leader Selvam Adaikkalanathan,SLPP K. Kader Masthan and EPDP Kulasingam Dhileeban.

These housing units will be built with grant assistance from India at a cost of around SLR 300 million.

The High Commissioner had a luncheon meeting with Mrs.P.S.M Charles, Governor of the Northern Province and other senior functionaries from the province. They had comprehensive discussions on deeper engagement in the fields of education, skills development, health, agriculture, water and fishing.

The High Commissioner attended a dinner hosted in his honor by S. Balachandran, Consul General of India in Jaffna. He interacted with prominent dignitaries from political, economic, academic, social and cultural spheres. The discussions at the dinner put emphasis on cooperation for development of the Northern Province through increased investment and assistance from India.

The government of India has a long history of carrying out development projects in diverse sectors including livelihood, health, education, industrial development in Northern and Eastern Provinces

High Commissioner Baglay commenced his four-day visit to Northern and Eastern Provinces of Sri Lanka on March 11, by attending Shivratri Pooja at the sacred Thiruketeeswaram temple. After offering prayers at the temple, the High Commissioner reviewed the restoration project at the temple that was carried out by government of India. This project is being executed on a grant basis at a cost of SLR 326 million.

He also prayed at the Ramsethu (Adam’s bridge) – a connecting bridge between India and Sri Lanka.

Govt. to resume Jaffna-Chennai direct flights

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Prasanna Ranatunga, Minister of Tourism, says that the government is planning to resume Jaffna-Chennai direct flight which was suspended due to the Covid epidemic.

The Minister said that this is also expected to be launched under the same concept of the Tourist Air Bubble to be launched between India and Sri Lanka.

He was speaking at the inauguration of 144 intermediate housing units for pilgrims participating in the Madhu pilgrimage at a cost of Rs. 300 million with the assistance of the Government of India.

Meanwhile, domestic flights between Ratmalana, Jaffna and Batticaloa are scheduled to commence soon.

The government also intends to develop the Jaffna and Batticaloa airports as international airports.

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SLPP furious over alleged Rishad links, claims Wimal stabbed govt. in the back

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The government had been stabbed in the back by National Freedom Front (NFF) leader and Industries Minister Wimal Weerawansa, SLPP parliamentary group sources said yesterday (11).

Referring to Minister Weerawansa’s accusations regarding clandestine links between a section of the government and All Ceylon Makkal Congress (ACMC) leader Rishad Bathiudeen, allegedly involved with those responsible for 2019 Easter Sunday carnage, sources pointed out that the NFF leader’s move was intended to undermine the SLPP.

Delivering a public lecture at Sambuddhathva Jayanthi Mandiraya, on Tuesday (9), lawmaker Weerawansa alleged a group of decadent ruling party politicians who realised entering into political marriage with what the minister called Islamic extremism in the future had prevented the exposure of the likes of Rishad Bathiudeen.

Weerawansa holds Small and Medium Business and Enterprise Development, Industries and Supply chain Management portfolios. The NFF parliamentary group consists of six members, including one National List MP.

SLPP sources said that Minister Weerawansa’s outburst had caused irreparable damage to the government at a time it was under heavy pressure over the alleged shortcomings in the Presidential Commission of Inquiry (PCoI) report and the controversial recommendation that 22 volumes of it shouldn’t be handed over to the Attorney General on the basis of them being sensitive.

Responding to a query, sources said that Minister Weerawansa had attacked the government the day before the commencement of three-day debate on the PCoI report and the issue at hand had been brought to the notice of Prime Minister Mahinda Rajapaksa.

Minister Weerawansa alleged that the likes of Rishad Bathiudeen and former Eastern Province Governor M. L.A, M, Hizbullah had been taking overland in the Mannar region and the Eastern Province, respectively in line with strategy promoted by Yusuf al-Qaradawi, an Egyptian Islamic scholar based in Doha, Qatar.

The National Freedom Front Leader alleged that Rishad Bathiudeen during his tenure as the Industries and Commerce Minister of the UPFA (2010-2015) and yahapalana (2015-2019) administrations had deliberately undermined some businesspersons on racial grounds. Minister Weerawansa, who, too, had been a minister in the same Cabinet with Rishad Bathiudeen, explained how the ACMC leader bad exploited his ministerial portfolio for the benefit of a particular community.

Minister Weerawansa questioned the rationale behind the PCoI conveniently not recommending specific measures in respect of President of the Muslim Council M. N. Ameen, who included extremist teachings of Yusuf al-Qaradawi in Muslim teachers’ guide.

Weerawansa alleged that Yusuf al-Qaradawi’s teachings had been severely inimical to the country and promoted violence. Minister Weerawansa also said that the PCoI owed an explanation why specific recommendations weren’t made in respect of Hizbullah in spite of him being identified as a person who propagated extremism in the Kattankudy area.

The NFF leader also questioned the circumstances under which Rishad Bathiudeen’s brother, Riyaj arrested in connection with his alleged involvement with the Easter Sunday carnage under the Prevention of Terrorism Act (PTA) in April 2020 had been released. Minister Weerawansa said the police, after accusing Riyaj of being in touch with one of the Easter Sunday bombers, had quietly released him.

Commenting on one-time Western Province Governor Azath Salley’s conduct, Minister Weerawansa asked why the PCoI refrained from recommending action against the NUA (National Unity Alliance) leader Salley. Alleging that the then Prime Minister Ranil Wickremesinghe, in spite of being responsible for disrupting intelligence services thereby creating an environment conducive for Thowheed terrorists was conveniently let off the hook, Minister Weerawansa questioned the conduct of the P CoI on many points.

Minister Weerawansa tore into the PCoI questioning the motives of its members who cleared Wickremesinghe although he was responsible for the breakdown of the national security apparatus. He said there was no point in going after the then Defence Secretary Hemasiri Fernando, IGP Pujith Jayasundera, Chief of National Intelligence retired DIG Sisira Mendis and Chief of State Intelligence Services (SIS) DIG Nilantha Jayawardana when the very person who created a situation conducive for Thowheed terrorists escaped the attention of the PCoI.

Lambasting the PCoI for omissions, Minister Weerawansa asked whether Easter Sunday bomber Zahran Hashim’s ghosts had been active in the PCoI, and how the PCoI had recommended specific action against Bodu Bala Sena (BBS) General Secretary Ven. Galagodaatte Gnanasara over alleged extremist activity and left out those who connived, aided and abetted Easter Sunday conspirators.

The then President Maithripala Sirisena appointed the PCoI whereas his successor Gotabaya Rajapaksa extended its term.

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SL raises concerns with China over door mat using national flag print

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The Foreign Ministry today said that it had called for a full scale inquiry into the sale of non slip doormats on the Amazon site with the print of Sri Lanka’s national flag.

The Ministry, in a statement said that following, recent reports on social media platforms of a “Sri Lanka Flag Non-Slip Doormat” which is being advertised for online purchase on the Amazon website, Foreign Secretary Admiral Prof. Jayanath Colombage has informed the Sri Lanka Embassy in Beijing to contact the manufacturer concerned in China and also has brought to the attention of the Chinese Embassy in Colombo, the advertising of Sri Lanka’s national flag as a doormat.

The Sri Lanka Embassy in Washington D.C has also been instructed to follow up on the matter with the advertising platform Amazon.

The doormats are being sold on Amazon.com for US$ 12 per piece. The site is reported to be distributing the doormats worldwide from Singapore and has announced a shipping cost of US$ 9.02.

Sri Lanka seeks emergency financial assistance from IMF

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The International Monetary Fund (IMF) says it has received a request for emergency financial assistance from the Sri Lankan authorities to fight the COVID-19 epidemic.

This was revealed by the Director of the Communications Department of the International Monetary Fund, Gerry Rice responding to questions during a press briefing on Thursday (11).

He was asked about Sri Lanka’s planned $1.5 billion currency swap with China and the fact it’s portrayed as a way of Sri Lanka is resistant to IMF programs.

“On Sri Lanka, just a reminder, the extended Fund program with the IMF was approved in 2016. That expired last year, June 2020.”

“We did receive a request from the Sri Lankan authorities for emergency financial support to help fight the COVID pandemic,” the IMF spokesman said.

He stated that the assessment of that support has taken longer than for other countries due to “Sri Lanka’s daunting economic challenges and high public debt.”

Mr. Rice said they have sought, but not reached understanding, on how to fulfill the key requirements for what could be a rapid financing instrument which would include policies to continue ensuring debt sustainability to address the balance of payment challenges including from the COVID‑19 impact on tourism and to preserve international reserves.

“Indeed, Sri Lanka has relied on important restrictions since last year and recently introduced additional measures such as a requirement to convert 25 percent of export proceeds. We continue to closely monitor these economic policy financial developments in Sri Lanka including the recent agreement on a swap line with the People’s Bank of China,” he said.

‘The draft resolution completely fails to rise to the challenge’ – UK Liberal Democratic leader for Sri Lanka to be referred to the ICC

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Writing to British Foreign Secretary, Dominic Raab, leader of the UK Liberal Democratic leader, Ed Davey, slammed the proposed resolution on Sri Lanka stating it “completely fails to rise to the challenge” and calls for Sri Lanka to be referred to the International Criminal Court.

In his statement, he highlights that the resolution is “too vague and lacks robust commitment to international accountability mechanisms”. Davey proposes that resolution is immediately rewritten to include the following recommendations:

Recommend “the Sri Lankan situation to the International Criminal Court to investigate and prosecute serious international crimes committed in Sri Lanka against the Tamils;

“Establish a proper International Independent Investigative Mechanism relating to Sri Lanka to collect evidence and prepare files for prosecution”.

“Incorporate the High Commissioner’s recommendations from her January 2021 report, particularly her view that the principles of universal and extraterritorial jurisdiction must apply to the actions of the Sri Lankan government and military”: and
“Take a strong stance on prevention, including tangible measures to support and protect civil society groups and human rights defenders who are working on the ground in Sri Lanka”.

His criticism of the current is also shared by the Shadow Minister for Asia and the Pacific, Stephen Kinnock, who has called on the government to completely rewrite the resolution and questioned why the government’s review of its Global Human Rights sanctions regime does not include “a single senior Sri Lankan government minister, official or military officer”.

Davey highlights the need for international action noting that “domestic mechanisms for reconciliation, accountability and human rights have drastically eroded in the past few years”.

“It has never been more important for the UK to lead strong collective action on accountability and reconciliation in Sri Lanka — and a comprehensive, robust Human Rights Council resolution is an important first step. I implore you to do everything in your power to make this happen” he added.

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Sri Lanka is nonchalant about the possibility of defeat at UNHRC

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With the date for voting on a resolution on Sri Lanka at the UN Human Rights Council (UNHRC) nearing, the scenario is grim. Diplomatic sources say that given the reality of international politics, the vote is most likely to go against Sri Lanka.

But Sri Lanka is unfazed by this prospect as it has taken a clear and resolute stand that the resolution is unacceptably intrusive, biased, selective in its choice of data, unethically equating a democratically elected government with a ruthless terrorist group, and is driven by ulterior motives.

On other hand, the Core Group led by the UK and backed by the US, is equally convinced that Sri Lanka has brazenly violated human rights and deserved to be investigated, admonished and proceeded against under universal jurisdiction.

Diplomatic sources believe that given the most likely line up at the time of voting, defeat stares in Sri Lanka’s face. India and Japan have not taken a decision and are watching the proceedings carefully to gauge the mood of the Council it appears. As on date, the dice is loaded against Sri Lanka, and the most likely decision by New Delhi and Tokyo would be abstain.

India has certain issues with Sri Lanka which had arisen in the recent past such as the one relating to the East Container Terminal. Sri Lanka had reneged from a bilateral agreement on it, without so much as a prior warning, leave alone prior consultation. However India did not raise any bilateral issue at the Council but spoke about the importance of implementing the 13 th.Amendment (13A) of the Sri Lankan constitution which is meant to devolve power to the provinces, especially to the Tamil speaking provinces in the North and East. This issue is about the larger question of democracy and ethnic reconciliation and not a narrow one relating to a bilateral project. Since there is no firm commitment yet from Colombo about implementing the 13 A and there is still talk of a dilution of devolution, India does not have the required incentive to vote for Sri Lanka.

However, since India has a great and enduring stake in Sri Lanka being its only neighbor, New Delhi will not oppose Sri Lanka outright but play it safe by remaining neutral. Japan has asked the Council to be more understanding and accommodative towards Sri Lanka, but Japan too has issues as in the case of the ECT in which it was to be a stakeholder. Thus, Tokyo could follow India and be neutral at voting time.

The Core Group’s revised draft (it is still being revised with inputs from the members of the Council) has made significant concessions to Sri Lanka. For example it does not directly demand the setting up of an international judicial mechanism to try war crimes allegations and other allegations of Human Rights during and after the war. But it prepares the ground for such a mechanism when it says that it: “ Recognizes the importance of preserving and analyzing evidence relating to violations and abuses of human rights in Sri Lanka with a view to advancing accountability and decides to strengthen the capacity of the Office of the High Commissioner for Human Rights to consolidate, analyze and preserve information and evidence and develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law, to advocate for victims and survivors, and to support relevant judicial proceedings in Member States with competent jurisdiction.”

More broadly it says: it has “serious concern over emerging trends over the past year, which represent clear early warning signs of a deteriorating human rights situation in Sri Lanka, including the accelerating militarization of civilian government functions, erosion of the independence of the judiciary and key institutions responsible for the promotion and protection of human rights, ongoing impunity and political obstruction of accountability for crimes and human rights violations in “emblematic cases”, policies that adversely affect the right to freedom of religion or belief, surveillance and intimidation of civil society and shrinking democratic space, arbitrary detentions, allegations of torture and other cruel, inhuman degrading treatment or punishment and sexual and gender based violence, and that these trends threaten to reverse the limited but important gains made in recent years and risk the recurrence of policies and practices that gave rise to the grave violations of the past.”

The Core Group called upon the Government of Sri Lanka “to ensure the prompt, thorough and impartial investigation and, if warranted, prosecution of all allegations of gross human rights violations and serious violations of international humanitarian law including for longstanding emblematic cases.”

It called upon the Government of Sri Lanka “to ensure the effective and independent functioning of the National Human Rights Commission, the Office on Missing Persons and the Office for Reparations; to protect civil society actors, to investigate any attacks and ensure a safe and enabling environment in which civil society can operate free from hindrance, insecurity and reprisals.”

It requests the Government of Sri Lanka to “review the Prevention of Terrorism Act, and ensure that any legislation to combat terrorism complies with its international human rights and humanitarian law obligations.”

Finally, it requests “the Office of the High Commissioner to enhance its monitoring and reporting on the human rights situation in Sri Lanka, including progress on reconciliation and accountability, and to present a written update to the Human Rights Council at its forty-ninth session, and a comprehensive report including further options for advancing accountability at its fifty-first session, both to be discussed in interactive dialogues.”

Sword of Damocles

Therefore, the UNHRC’s attempt will be to force Sri Lanka to proceed along the lines suggested by the Core Group even at the cost of its sovereignty and independence. Colombo will have to accept UN investigators again, as if the earlier reports of the Rapporteurs were not damaging enough. The Sword of Damocles will be hanging over Sri Lanka’s head constantly diverting its attention from its other tasks like economic development.

President Gotabaya Rajapaksa believes that real ethnic reconciliation will be achieved only through equitable social, educational and economic development and not through judicial mechanisms and other accountability measures urged by the UNHRC. President Rajapaksa believes these will only foment ethnic animosities by raking up old issues without seeing the past in a correct and unbiased perspective.

Sri Lanka also believes that the Core Group is not motivated by a genuine concern for ethnic reconciliation in Sri Lanka but by a desire to use the issue to browbeat and dominate Sri Lanka and also use it in its fight against its rivals for geo-political domination.

Sri Lankan Foreign Minister Dinesh Gunawardena has more than once rejected the Core Group’s resolution, amended or otherwise, and has urged Council members to vote against it. The stage is set for voting. And as far as Sri Lanka is unconcerned, it cares little for the consequences backed as it is by China and Russia, both with a veto in the UN Security Council.

Source:By P.K.Balachandran/counterpoint.lk