The UNHRC adopted the US-sponsored Resolution on Sri Lanka without a vote a short while ago at the 30th session of the UNHRC in Geneva, Switzerland.

The resolution A/HRC/30/L.29, titled ‘Promoting reconciliation, accountability and human rights in Sri Lanka’ was submitted before the Council last Thursday following a series of negotiations between the Sri Lankan delegation and the ‘Core Group’ sponsors including the US, UK and several other countries.

Twenty five additional countries co-sponsored the resolution at the UNHRC.

The resolution welcomes the government’s recognition of an accountability process to uphold the rule of law and affirms the importance of having independent judicial and prosecutorial institutions led by personnel known for integrity and impartiality.

It has called for the continued monitoring of the process by the Office of the High Commissioner for Human Rights and calls on the High Commissioner to make an oral submission to the UNHRC in its 32nd session, followed by a written submission in its 34th session.

The demand by the UN High Commissioner for Human Rights, Prince Zeid, that Sri Lanka should scrap the Commission on Missing Persons and assign its work to a credible body, is “unwarranted and intolerable” says Prof.G.L.Peiris, an acclaimed legal expert and a former Lankan Foreign and Constitutional Affairs Minister.

“Zeid’s asking for the scrapping of the Missing Persons’ commission and for changing the Lankan legal system, go way beyond the mandate of the UN Human Rights Council and his own office,” Peiris told Express.

Zeid’s statement on his report and the investigations on which it was based, was an indirect confession that he had exceeded the mandate given to the UNHRC and his office, the former Minister said.

“ When he presented the report, he himself stated that it was rather unique, and that his office had conducted such an investigation for the first time.” Peiris pointed out.

Instead of “abjectly capitulating” and committing “Harakiri” by praising and owning the draft US resolution calling for a “hybrid court”, Colombo should have made use of established international humanitarian and human rights laws on rescuing hostages to argue that it cannot be blamed for its actions in the final stages of the war, Peiris said.  

“The LTTE had taken 300,000 civilians hostage and kept them confined in a narrow strip of land and shot at those who tried to flee. What the Lankan military conducted was a hostage rescue operation clearly sanctioned by international law,” Peiris argued.

Sri Lanka could also have used the fact that in the March 2014 session of the UNHRC, the majority of the 47 members did not go along with the US resolution calling for an international investigation into war crimes charges.

“While 24 voted for the resolution, 12 voted against and 12 abstained. Again when Para 10, specifically calling for an international investigation, was put to vote, it did not get majority support. India abstained from voting on the resolution as a whole but it voted against Para 10,” Peiris recalled. In the case of Para 10, out of the 47  members, 23 voted for, 14 voted against and 10 abstained.

(The New Indian Express)

Small constituent parties of the Tamil National Alliance joined nearly 40 other Tamil organizations in a joint statement on Tuesday, reiterating the demand for an UN-led “hybrid” judicial mechanism to investigate and try war crimes cases in  Sri Lanka. 

The demand, made by Eelam People’s Revolutionary Liberation Front (EPRLF), Peoples’ Liberation Organization of Tamil Eelam (PLOTE), Tamil Eelam Liberation Organization (TELO), Tamil National Peoples‘ Front (TNPF) among others, rests on the conviction that any mechanism, which is by and large managed and controlled by Lanka, will not be deemed credible by victims.

“In deference to the Report of the Office of the UN HCHR Inquiry on Sri Lanka (OISL report) we were willing to consider the possibility of achieving justice and accountability through a credible hybrid mechanism led and managed by its international component under the aegis of the UN. But we regret that the draft (US-Lankan) resolution does not adequately provide for the setting up of such a credible hybrid mechanism. The paragraphs, when read together, only seek to provide the appearance of credibility to a domestic process through the appointment of Commonwealth and other foreign judges, defence lawyers, and authorized prosecutors and investigators.”

“The Lankan Government appointing foreign judges to its own judicial mechanism will not address the structural factors that inhibit domestic structures in Sri Lanka, reasons for which are detailed in the OISL report,” the statement said.

Significantly, Ilankai Tamil Arasu Katchi (ITAK), the single largest Tamil party in the North and the largest constituent of the TNA, is not a party to the statement.

(With inputs from The New Indian Express)

Deputy Minister Ajith P. Perera stated that no foreign judges will taking decisions on cases related to accountability under the mechanism to investigate alleged war crimes, proposed by the US-backed resolution tabled at the UNHRC.

{module lolc}

Taking part in the political talk show 'Rathu Ira' on Swarnavahini last night, Perera said that foreign experts will support the mechanism but will not hear the cases.

Perera argued that Sri Lanka will set up a Truth Commission different from the Commission is South Africa. Certain serious matters will not be heard in the Truth Commission, he pointed out.

Meanwhile, the Parliament is still to pass key legislation on hearing such accountability matters, Perera said.

Meanwhile, Pivithuru Hela Urumaya leader Udaya Gammanpila argued that foreign judges could be appointed to the Tribunals as there was no constitutional provision against it. Sri Lankans have also served in the judiciaries of foreign countries, he pointed out.

MDMK general secretary Vaiko and representatives from 32 organisations were detained on Monday morning after they threatened to lay siege to the U.S. Consulate in Chennai, Tamil Nadu, following a rally condemning the draft U.S. resolution for a domestic investigation into the alleged war crimes in Sri Lanka.

A large number of supporters belonging to the 32 organisations under the “May Pathinezhu Iyakkam” banner convened at the Rajarathinam Stadium in Egmore in protest against the draft resolution.

The protesters demanded an international investigation into the alleged genocide of Tamils, referendum for Tamil Eelam and lifting of the ban on the LTTE by all the countries.

“We will mobilise the youth, students in Tamil Nadu and wherever Tamils are living. The Union government has continuously betrayed the Tamils. First, the UPA government and now, the Modi government,” Vaiko said at the rally.

The protestors burnt effigies of Sri Lankan President Maithripala Sirisena, former president Mahinda Rajapaksa and U.S. President Barack Obama.

“What kind of an investigation is this? How can a person accused of a crime be allowed to investigate it,” Vaiko asked.   

The protestors courted arrest when they tried to march to the U.S. Consulate. A large posse of police personnel had erected barricades around the venue and detained the protestors.

(The Hindu)

Warning the Centre not to compromise on its earlier stand of demanding international probe in to the war crimes allegedly committed by Sri Lanka during the last leg of the civil war against LTTE in 2009, DMK president M. Karunanidhi on Sunday said that any attempt by the Centre to support a “watered down” US sponsored resolution at the UNHRC would be denial justice to Tamils.

Recalling a statement of MEA spokesperson Vikas Swarup who hinted at GoI backing the diluted US resolution, Karunanidhi said the Indian government should not ‘withdraw’ its demand for international probe.

“Attempting to support the US sponsored resolution would amount to denial of justice to the Tamils victims of genocide, war crimes and human rights violations,” the DMK chief said, adding that Tamils wanted India to treat cautiously on the issue.

Drawing the Centre’s attention to the marked difference between the earlier strongly worded resolution in which serious allegations were leveled against Colombo and the most recent one tabled at the UNHCR, both were sponsored by the US, without even a mention of an international court recommended by the human rights commissioners, Karunanidhi said the difference (between the two resolutions) has made (people) wonder what triggered the US volte-face.

The call for international investigation has been made since the domestic inquiry by Lanka “will not be dispassionate and neutral”, the DMK chief reasoned.

Asserting that there could be further amendments to the draft US resolution before it is put to vote at the UNHRC on September 30, Karunanidhi referred to India’s likely support to the watered down US resolution and said that India should not withdraw even one bit from its demand for international investigation against Sri Lanka.

(Deccan Chronicle)

Pattali Makkal Kachchi MP Anbumani Ramadoss on Saturday urged the Indian Central Government to move a resolution in the United Nations Human Rights Commission (UNHRC) seeking an international inquiry into the war crimes in Sri Lanka, The Hindu reported.

“If allowed, the U.S. resolution for an internal inquiry would prove fatal for the interests of Sri Lankan Tamils. There is not much time left. India should immediately take steps to move a resolution for an international inquiry,” Ramdoss said.

Ramdoss, who is slated to address the UNHRC on September 30 on the Sri Lankan Tamils issue, said judges from Commonwealth countries could not get justice for the Tamils. “Judges from Bangladesh or Pakistan will never be able to conduct a fair probe. That is why we also opposed the hybrid inquiry,” he said.

Though he agreed that the U.S. had played a major role in the past in favour of the Sri Lankan Tamils in the United Nations, its stand on the issue now was unacceptable, Ramdoss also argued.

(With inputs from The Hindu)

The US Secretary of State John Kerry said that the transitional justice process proposed by the US Resolution tabled at the UNHRC is "owned by" Sri Lankans, with "the support and involvement of the international community".

Releasing a statement to media, Kerry said that "the Sri Lankan government’s decision to join as a co-sponsor paves the way for all of us to work together to deliver the commitments reflected in the resolution".

The full text of statement:

Today the United States, Sri Lanka, and our partners tabled a resolution at the UN Human Rights Council in Geneva that represents a landmark shared recognition of the critical importance of truth, justice, reparations, and guarantees of non-recurrence in promoting reconciliation and ensuring an enduring peace and prosperity for all Sri Lankans.

The Sri Lankan government’s decision to join as a co-sponsor paves the way for all of us to work together to deliver the commitments reflected in the resolution.

In the past year, the Sri Lankan people have twice voted to put Sri Lanka on the path to peace and turned their country away from a divisive approach that for too long sapped Sri Lanka’s strength. This resolution demonstrates our support for Sri Lanka as it takes courageous steps to strengthen its democracy and restore civil liberties for all Sri Lankans, while also addressing the painful experiences of the past to ensure they never recur.

This resolution marks an important step toward a credible transitional justice process, owned by Sri Lankans and with the support and involvement of the international community. The resolution will help families of the missing find answers about their loved ones. And it lays out a path to provide truth, justice, reparation, and guarantees of non-recurrence that the Sri Lankan people deserve while safeguarding the reputation of those, including within the military, who conducted themselves with honor and professionalism.

As I promised in Colombo earlier this year, the United States will remain steadfast in our commitment to walk with Sri Lanka as it takes these important but challenging steps.

Draft resolution on Sri Lanka, initiated by the United States, was presented to the United Nations Human Rights Council, this evening.

Pattali Makkal Kachchi leader Anbumani Ramadoss on Thursday urged Tamil Nadu Chief Minister Jayalalithaa Jeyaram to convene an all-party meeting to exert pressure on the Centre to bring out a resolution in the UNHRC, seeking international probe into the alleged war crimes in Sri Lanka. 

In a letter to Jayalalithaa, a copy of which was released to the media, the PMK leader demanded that the resolution of the all-party meeting be presented by the representatives of political parties to Prime Minister Narendra Modi, Times of India reported.

"With Modi being expected to return to India, after his US trip, on September 28, arrangements should be made on that day for a meeting with him. Sri Lankan Tamils will get justice only when parties in Tamil Nadu stand in unison and represent in one-voice," Anbumani said.

Releasing the OISL report on September 16, the UN high commissioner for human rights listed a host of violations carried out by both sides -- Sri Lankan government and LTTE forces -- which included unlawful killing, systematic sexual and gender-based violence, and the recruitment of children and abduction of adults for use in fighting.

The commissioner, Zeid Raad Al Hussein, called for formation of a hybrid special court to probe into the allegations.

On the same day, the Tamil Nadu assembly unanimously adopted a resolution urging the Union government to take necessary action to pass a resolution in the UNHRC for an international probe. The council is expected to discuss the subject on October 1 and 2. 

Ramadoss said the draft resolution of the United States would not bring justice to Sri Lankan Tamils. "When a consultative meeting on the draft resolution was held on September 21, a few countries like Pakistan suggested amendments favouring the Sri Lankan government. Indian representatives, however, remained mum. I hope you will accept this as a disgrace to Tamils," the PMK leader said.

(With inputs from Times of India)