UN human rights chief Michelle Bachelet has accused the government of failing to “pursue genuine truth-seeking and accountability processes” just as the previous administration.
“…the system’s, structures, policies and personnel that gave rise to such grave violations in the past remain and have been recently reinforced,” Bachelet said during the 46th UN Human Rights Council sessions.
She made these remarks during an interactive dialogue on the report of the Office of the United Nations High Commissioner for Human Rights on Tuesday.
The UN human rights chief also lashed out at the 20th amendment passed recently, citing that it has tarnished the independence of the judiciary, the human rights commission and, the national police commission.
“The policy of forced cremation of covid-19 victims has caused pain and distress to the minority Muslim and Christian communities,” Bachelet observed.
She also noted that commissions appointed by the government have failed to credibly establish and ensure accountability.
“The latest commission of inquiry appointed in January 2021 to review the findings of previous commissions promises to repeat the cycle without meaningful result,” Bachelet insisted.
However, foreign minister Dinesh Gunawardena said that Sri Lanka rejects the report of the UN human rights chief.
“Sri Lanka rejects High Commissioner’s report which has unjustifiably broadened its scope and mandated further incorporating many issues of governance and matters that are essentially domestic for any self-respecting sovereign country,” he said.
The minister also lamented that the human rights chief had refused to publish remarks made by the government as an addendum in the report.
“Sri Lanka calls upon the members of this council that any resolution that is based on this report be rejected by this council and be brought to a closure,” he urged.
The UN Core Group on Sri Lanka has said it would table a resolution against the country at the ongoing UN Human Rights Council sessions.
Canada is concerned over the deterioration of the rule of law in Sri Lanka.
The Minister of Foreign Affairs of Canada, Marc Garneau, said that Canada is deeply concerned about the deteriorating human rights situation in Sri Lanka.
He said this includes threats to human rights defenders and civil society organizations, suppression of memorialization, forced cremations of religious minorities and the deterioration of the rule of law.
Marc Garneau said the recent report of the High Commissioner for Human Rights highlights the need for the UN Human Rights Council to ensure accountability for crimes committed in Sri Lanka.
Garneau said Canada will continue to support measures that will support accountability, reconciliation and peace.
The Minister of Foreign Affairs of Canada was speaking at the 46th Session of the UN Human Rights Council in Geneva.
Canada is part of the Core Group which has tabled a resolution on Sri Lanka at the UN Human Rights Council.
US Secretary of State Antony J. Blinken today (24) encouraged the United Nations Human Rights Council (UNHRC) to support the resolution on Sri Lanka.
Speaking at the Council today, Blinken noted the lack of accountability for past atrocities in Sri Lanka.
“We encourage the Council to support resolutions at this session addressing issues of concern around the world, including ongoing human rights violations in Syria and North Korea, the lack of accountability for past atrocities in Sri Lanka, and the need for further investigation into the situation in South Sudan,” he said.
Blinken said the United States is fully committed to the universal protection and promotion of human rights.
“We look forward to working collaboratively with friends and partners in this body and in the NGO community from all regions, to ensure that the Council lives up to its mandate and effectively contributes to human rights around the world,” Blinken said.
Blinken also noted that the United States is now re-engaging with the Human Rights Council and other important international organisations.
“I’m here to reaffirm America’s commitment to respect and defend the human rights of all people, everywhere. As the Universal Declaration of Human Rights proclaims: All human rights are universal, indivisible, interdependent, and interrelated,” he said.
Blinken said the United States is placing democracy and human rights at the centre of its foreign policy, because they are essential for peace and stability.
Eighteen countries have pledged to speak on behalf of Sri Lanka during the ongoing session of the United Nations Human Rights Council (UNHRC), a top source said.
These countries will share their views in support of the Sri Lankan government’s position during the High-Level Segment and events. According to the source, there are countries that hold the UNHRC membership among these 18 countries that will stand by Sri Lanka.
Sri Lanka has undertaken an intense international campaign to lobby for the support of the respective countries to thwart an attempt by the core group of countries to pass a resolution on Sri Lanka on alleged human rights and accountability issues during the war time.
A zero draft of the resolution has been circulated at the moment. Sri Lanka believes the content is identical to the 30/1 resolution passed in 2015. The present government that took office in 2019 withdrew from co-sponsorship of this resolution in March, last year.
The zero draft calls for 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.
However, India has not yet made known its stand on Sri Lanka. The two countries are currently involved in a row over the withdrawal from the commitment of the previous government to develop the East Container Terminal of Colombo Port jointly with India. Also, India has raised concerns over the offer of a contract to a Chinese company to execute power projects in three islets off Jaffna. India is opposed to the involvement of a Chinese company citing security concerns. The Chinese company issued a statement on Monday firmly opposing India’s interference. The company said it won the project through an international, competitive bidding process, and wanted Sri Lanka to respect the guidelines.
Pakistan Prime Minister Imran Khan has assured Pakistan’s support for Sri Lanka during discussions with President Gotabaya Rajapaksa at the Presidential Secretariat today.
During the meeting, the visiting Pakistan Prime Minister had extended a cordial invitation to President Rajapaksa to visit Pakistan at the earliest convenience.
The Pakistan High Commission in Colombo said the one-on-one meeting between the two leaders was followed by delegation-level talks. The talks were held in a warm and cordial atmosphere.
Prime Minister Imran Khan underlined the exceptional quality of Pakistan-Sri Lanka relations marked by trust, understanding and mutual support. The Prime Minister emphasized the importance of building robust economic partnership characterized by enhanced bilateral trade, investments, and commercial cooperation.
The Prime Minister also laid emphasis on deeper collaboration in diverse fields —particularly agriculture, tourism, science and technology, sports, education and culture. The importance of sharing experiences in poverty alleviation was stressed.
The Pakistan High Commission in Colombo further said the Prime Minister underlined that Pakistan and Sri Lanka had always stood by each other.
Imran Khan had re-affirmed Pakistan’s steadfast support to Sri Lanka in future. The close cooperation between the two sides in the multilateral fora was also re-affirmed.
While noting the close traditional and cultural ties between the two countries, Prime Minister Imran Khan highlighted that Pakistan has the potential of being a choice destination for religious tourism for Sri Lankan people. He particularly highlighted the rich Buddhist heritage of Pakistan.
In the regional context, Prime Minister Imran Khan shared his vision of peace, development, and connectivity.
Prime Minister Imran Khan further emphasized the importance of regional cooperation through the platform of SAARC and the opportunities for regional prosperity through CPEC, the flagship project of the Belt and Road Initiative (BRI).
Indian MP Anbumani Ramadoss yesterday wrote to the UN Human Rights Council (UNHRC) urging the Member States to pass a strong resolution affirming an international commitment to protect human rights and justice in Sri Lanka.
He requested the Member States to take measures to protect the Tamil population of Sri Lanka against human rights violation.
In particular, he requested to create mechanisms to find a lasting political solution under the arbitration of the international community in a way that fulfills the long standing legitimate aspirations of the Tamil people.
He requested that their physical security and political authority to be granted to decide their own political, cultural, economic and social affairs.
In order to further this, he requested the OHCHR field officers be placed in the Northern and Eastern Provinces to monitor and report ongoing violations.
Ramadoss commended the resolution to be brought against Sri Lanka at the 46th UNHRC Session.
He urged that the UNHRC vote for a resolution which implements the process of bringing accountability and justice for the victims of alleged crimes (war crimes, crimes against humanity and genocide) in Sri Lanka by referring the case or creating an appropriate international criminal justice mechanism.
He also recommended the establishment of an international independent investigative mechanism to assist in the investigation and prosecution of persons responsible for atrocities.
He also called on Member States as requested by the High Commissioner to support relevant proceedings.
The Organisation of Islamic Cooperation (OIC) has called on Sri Lanka to respect the right of burial of the Muslim community.
Dr. Yousef Al Othaimeen, Secretary General of the Organization of Islamic Cooperation, speaking during the High-Level Segment of the 46th session of the United Nations Human Rights Council, said that the OIC is keen on monitoring the situation of Muslim communities in non-OIC Members.
In this regard, he said the OIC is concerned with the situation of Muslims in Sri Lanka as they are denied the right to bury the bodies of COVID-19 victims following the Islamic rules while adhering to the guidelines of the World Health Organization.
“The OIC urges the Government of Sri Lanka to take swift action to guarantee and respect the right of burial of the Muslim community,’ he said.
Regarding freedom of religion, he said the OIC firmly supports international efforts and the global policies geared towards fighting religious intolerance, stigmatization, discrimination, incitement to violence and violence against persons based on religion or belief, as underlined in the Human Rights Council Resolution 16/18 and 66/167 of the UN General Assembly, both adopted by consensus in 2011.
“These resolutions provide for various substantive actions to address the concerns related to freedom of religion. In line with this conviction, the OIC has launched, in partnership with other stakeholders, many inter-religious dialogues such as the Buddhist-Muslim dialogue, the Muslim-Orthodox dialogue and is engaged in many activities aiming at reinforcing respect for cultural diversity and freedom of belief, exploring avenues of understanding between Muslims and non-Muslims and promoting the precepts of tolerance, coexistence,” Dr. Yousef Al Othaimeen said.
Dr. Yousef Al Othaimeen also said that the OIC supports all international and regional efforts aimed at preventing violent extremism and combating international terrorism in order to safeguard global peace and security.
Minister of Foreign Affairs Dinesh Gunawardena has appealed to all member states of the United Nations Human Rights Council (UNHRC) to reject any resolutions against Sri Lanka.
He also said it is regrettable that despite the spirit of cooperation with the HRC and its mechanism, elements working against Sri Lanka intend to table another country-specific resolution based on the OHCHR report.
Foreign Affairs Minister’s remarks came during the 46th session of the United Nations Human Rights Council (UNHRC) a short while ago. He delivered his speech through video technology.
The 46th session of the United Nations Human Rights Council (UNHRC) commenced yesterday (February 22) in Geneva, Switzerland, and is scheduled to continue until March 23.
Core Group on Sri Lanka – consisting of UK, Canada, Germany, North Macedonia, Malawi, and Montenegro – plans to put forward a further resolution at the UNHRC session to promote reconciliation, accountability and human rights in the island nation.
The new resolution comes in line with a recent report published by the Office of the UN High Commissioner for Human Rights (OHCHR) on human rights, reconciliation and accountability in Sri Lanka.
UN Human Rights Commissioner Michelle Bachelet is due to present the relevant report during the session.
Full statement delivered by the Foreign Affairs Minister is produced below:
Madam President,
Madam High Commissioner,
Distinguished Ambassadors,
Ladies and Gentlemen,
As I address you today, the Office of the High Commissioner for Human Rights (OHCHR) has published a report on Sri Lanka accompanied by an unprecedented propaganda campaign on that report.
Sri Lankan heroic armed forces militarily neutralized the LTTE in 2009 after three-decades of conflict. The Sri Lanka Government acted in self-defense to safeguard the unitary state, sovereignty & territorial integrity from the world’s most ruthless separatist terrorist organization.
The LTTE is the only terrorist organization in the world which has killed two world leaders: a serving President of Sri Lanka and a former Prime Minister of India extending its terror beyond the borders of Sri Lanka.
End of terrorism guaranteed the most cherished of all human rights – right to life of all Sri Lankans – Sinhala, Tamil, and Muslims.
Nonetheless hegemonic forces colluded against Sri Lanka in bringing an unsubstantiated resolution against Sri Lanka which was defeated by the support of friendly nations who remain by Sri Lanka’s side even today. Further resolutions were presented to this Council on purely political motives. In each instance Sri Lanka presented the procedural improprieties, and how such processes could set a dangerous precedent affecting all member states of the United Nations.
The Government which assumed office in Sri Lanka in 2015, in a manner unprecedented in human rights fora, joined as co-sponsors of Resolution 30/1 which was against our own country. It carried a host of commitments that were not deliverable and were not in conformity with the Constitution of Sri Lanka. This led to the compromising of national security to a point of reviving terrorist acts on Easter Sunday 2019 causing the deaths of hundreds.
The rejection of this resolution by the peoples of Sri Lanka was clearly manifested in the mandate received by His Excellency President Gotabaya Rajapaksa in November 2019. Based on this mandate I announced at the 43rd session of this Council that Sri Lanka would withdraw from co-sponsorship of the resolution. I also stated that Sri Lanka would remain engaged with the UN system including this Council.
We have provided detailed updates to the OHCHR in December 2020 as well as in January 2021 on the progress of implementation of commitments that Sri Lanka had undertaken such as continuity of the existing mechanisms, appointment of a special commission of inquiry headed by a Supreme Court Judge, achieving the SDGs, progress made in returning lands, demining and creating new avenues of livelihoods.
These steps have been taken even as Sri Lanka was battling the effects of the COVID-19 pandemic for the past one year. In spite of these challenges, we held a free and fair general election in August 2020 and elected a new Government with a two-thirds majority in one of Asia’s oldest Parliamentary democracies.
It is regrettable that despite the spirit of cooperation with the HRC and its mechanisms, elements working against Sri Lanka intend to table another country-specific resolution based on this OHCHR Report. This rejected report by Sri Lanka has unjustifiably broadened its scope and mandate further, incorporating many issues of governance and matters that are essentially domestic in any self-respecting, sovereign country.
I leave it to the members and observers of this Council to make their own judgment on whether Sri Lanka represents a situation that warrants the urgent attention of this Council, or if this campaign is essentially a political move that contravenes the very values and principles on which this Council has been established. Particularly at a time when legislation is enacted by some countries to protect their soldiers from prosecution in military operations carried out overseas, only points to duplicity and the hypocritical nature of their motives. This cannot but result in a significant loss of morale among countries engaged in the struggle against terrorism.
The Council must hold the scales even. Not going by hearsay, unilateral action or one-angled doubtful sources but adhere to its guiding principles. Insistence on such ever-expanding externally driven prescriptions notwithstanding our continuous cooperation and engagement with this Council can pose numerous challenges.
As the Council is aware this is a critical time to the entire world in the last hundred years where we need to be united in our efforts to overcome the Covid19 pandemic and to revive battered economies. I appeal to the members of this Council to take note of our continued engagement and cooperation on its merit and support us by rejecting any resolution against Sri Lanka. We believe that the extent to which the resources and time of this Council has been utilized on Sri Lanka is unwarranted, and carries a discouraging message to the sovereign states of the global South.
The need of the hour, in the face of an unprecedented pandemic, is solidarity rather than rancor and acrimony arising from divisions within this council. In view of the circumstances set out above, we urge that this resolution be rejected by the Council and be brought to closure.
May I conclude quoting the words of Lord Buddha,
“Siyalu sathwayo niduk wethwa, nirogee wethwa, suwapath wethwa”.
May all beings be safe,
May all beings be free from suffering.
May all beings be well and happy.
Following the publication of a draft UN resolution on Sri Lanka, a number of British MPs led by the chair of the All-Party Parliamentary Group for Tamils (APPGT) have called on British Foreign Secretary, Dominic Raab, to go beyond the current resolution and consider referring Sri Lanka to the International Criminal Court, as well as prepare files for independent criminal proceedings.
In his statement Elliot Colburn, chair of the (APPGT) notes the group’s concern over the draft resolution noting that it “does not sufficiently support the important recommendations by the UN High Commissioner for Human Rights that are critical for ensuring progress towards accountability”.
He further referenced the 2012 OISL report which documented mass atrocities and human rights abuses of “unspeakable brutality and on an extraordinary scale”. The report further notes the failure of the UN to prevent these mass atrocities which allowed for the massacre of tens of thousands of Tamil civilians during the final months of the armed conflict. Colburn notes that despite Sri Lanka’s repeated pledges to “ensure accountability, and repeated extensions by UNHRC members of their deadlines […] successive Sri Lankan governments have delayed and obfuscated at every turn”.
“Six years after the OISL report, and 11 years after the end of the war in Sri Lanka, it is now time for the UK and the UNHRC member states to put the victims, the so many people who lost their lives, lost loved ones, and were put through unimaginable suffering, at the forefront of international efforts to ensure justice is delivered to them, without any further delay”, he adds.
The statement further makes three recommendations.
1. Evidence gathering for the purpose of criminal prosecutions
Colburn notes the need for an independent mechanism to “collect, consolidate, preserve, and analyse evidence” of violations of international law between 21 February 2002 and 15 November 2011, and to prepare, “facilitate and expedite fair and independent criminal proceedings”. These proceedings, he highlights, maybe in “national, regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes”.
2. International Mechanism
Colburn calls on the Foreign Secretary to provide a mandate for the Office of the High Commissioner to consider and report on the feasibility of international mechanisms for accountability in recognition of the fact that “Sri Lankan authorities have failed to prosecute alleged perpetrators of serious abuses, which may amount to war crimes, crimes against humanity, and genocide”.
He notes that the ICC should be considered as it was “established precisely so as to ensure that perpetrators of such heinous crimes do not enjoy impunity because the State in question is unwilling or unable to prosecute them”.
He urges the UK to lead on this as the next Chief Prosecutor at the ICC is a leading British barrister, Karim Khan.
3. Special Rapporteur
The final request is for the UN HRC to appoint an expert Special Rapporteur to investigate and report on the human rights situation in Sri Lanka, noting that “it is not only past violations and the lack of accountability for those that are concerning for us but ongoing ones also”.
He further highlighted the UN High Commissioner’s latest damning report on Sri Lanka’s deteriorating human rights situation and “appalling track record”.
He concludes by stating:
“After over a decade of promised yet ultimately denied justice for victims, we also believe these are the minimal steps that the UK should pursue, if our commitment to human rights, international rule of law, and justice is not to appear hollow, to both the victims and the perpetrators”.
The connection between the people of Pakistan and Sri Lanka is rooted deep in history. Buddhism had flourished in areas that became Pakistan and the Muslims traders, in the early years of Islam, had been familiar with Serendib from where they took spices and gems to the Middle East and Europe.
This tradition of goodwill continued in the years after the two countries gained independence, when Sri Lanka also became the port of call on the 3,000-mile of ocean route between the two wings of Pakistan. On 4 February 1948, in a message on Sri Lanka’s independence, Quid-e-Azam Muhammad Ali Jinnah aptly described the nature of Pakistan-Sri Lankan relations.
He said: “Pakistan has the warmest goodwill towards Ceylon, and I am sanguine that the good feeling which exist between our two people will be further strengthen as the years roll by and out common interests, and mutual and reciprocal handling of them, will bring us into still closer friendship.”
When the liberation war broke out in East Pakistan in 1971, and India had banned over-flights by Pakistani aircraft, the then SLFP Government in Sri Lanka led by Sirimavo Bandaranaike allowed Pakistani aircraft to refuel in Colombo 174 times. India felt betrayed by this because it had sent aircraft to help Sirimavo quell a left extremist uprising against her Government earlier that year.
Pakistan-Sri Lanka military ties became a critical factor in the prolonged war against the Liberation Tigers of Tamil Eelam (LTTE). In 2000, when a LTTE offensive code-named ‘Operation Ceaseless Waves’ overran Sri Lankan military positions in the north, entered Jaffna and trapped government troops, Sri Lanka had sought Multi-Barrel Rocket Launchers and Pakistan airlifted them. In 2006, the LTTE tried to assassinate the Pakistan High Commissioner Bashir Wali Mohammad.
In April 2009, Sri Lanka requested $ 25 million worth of 81 mm, 120 mm and 130 mm mortar ammunition to be delivered within a month. During a state visit by President Asif Ali Zardari to Sri Lanka in November 2010, Sri Lanka evinced interest in purchase of Pakistani al-Khalid Main Battle Tanks, light weapons and ammunition, and the Sino-Pak joint venture product JF-17 Thunder aircraft.
Prime Minister Imran Khan also congratulated Gotabaya Rajapaksa, the newly-elected President of Sri Lanka, for winning elections and extended a cordial invitation to visit Pakistan at his earliest convenience, which the latter duly accepted.
Under United National Party (UNP) Governments as well as under the Sri Lanka Freedom Party (SLFP) regimes, Sri Lanka has had friendly ties with Pakistan. The reason for this consistency is that Sri Lankan governments, irrespective of the party in power, feel a sense of unease vis-à-vis India.
Pakistan now trains Sri Lankan armed forces personnel and invariably supports Sri Lanka in international forums on the ethnic question but Pak-Lanka relations have failed to acquire an economic content. Sri Lanka was the first country to sign a Free Trade Agreement with Pakistan, which became operational from 12 June 2005.
Pakistan’s exports to Sri Lanka grew from $ 97 million in 2004 to $ 355 million in 2018 while, Sri Lanka’s exports to Pakistan grew from $ 47 million in 2004 to $ 105 million in 2018, almost double over the same period. However, the two way trade is only $ 460 million when the potential is more than $ 2 billion.
Since both President Gotabaya Rajapaksa and Prime Minister Imran Khan are pledged to promote FDIs, various areas of investment will be discussed. Due to a lack of awareness, exporters do not make full use of the market potential and benefits under the free trade agreement. Additionally, Sri Lankan businessmen tend to stick to the existing markets. Both countries need to diversify their products through research, innovation, and value addition, adjusting according to the demands of each other’s market.
High Commissioner Khattak has also highlighted in his recent interview that Pakistani companies have invested in agriculture, Information Technology, textiles and construction/real estate development in Sri Lanka.
The Sri Lankan construction and real estate industry is rapidly growing and the country has an import requirement of $ 600 million worth of cement annually from various countries. Pakistan already exports cement to Sri Lanka and has the capacity to increase its exports due to competitive pricing and good quality. This sector has a larger potential due to increased consumer spending on construction and real estate.
Similar case is with the sugar as Sri Lanka imports more than 90% of its annual sugar requirement. Sugar is one of the potential sectors where Pakistani investors can focus on in 2021. Because of strained relations between India and Pakistan betel leaves from India do not come to Pakistan. That place has been taken by Sri Lankan betel leaves.
Prime Minister Imran Khan will be the first Head of Government to visit Sri Lanka after President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa assumed office last year. Imran Khan’s proposed visit is significant in the context of India making vigorous efforts to strengthen their ties with Sri Lanka, which has assumed strategic importance in the Indian Ocean region.
