Civil Society organisations based in 15 Southern countries call upon Southern states to play a prominent role at the 25th regular session of the Council in supporting the establishment of an independent, international investigative mechanism on Sri Lanka that is capable of producing accountability.
The 24 signatory Civil Society organisations based in Argentina, Bangladesh, Brazil, Egypt, India, Indonesia, Malaysia, Mongolia, Nepal, Pakistan, Republic of Korea, South Africa, Taiwan, Thailand and Uganda said; “From our experience we know that no amount of time will allow truth, justice and accountability to be established domestically so long as rule of law is subverted and an environment of human rights abuse and impunity prevails. In such circumstances, pursuant to its mandate to address violations of human rights, including gross and systematic violations, the Council must lose no time in instituting an international mechanism to independently investigate allegations of serious violations in Sri Lanka. Moreover, the High Commissioner’s call for investigations represents the natural progression of the Council’s efforts on Sri Lanka in the last two years. If states do not fully heed this call it will amount to lowering a threshold the body has set for itself. We fear that such a signal from the Council will only bolster ongoing human rights abuses and encourage further break down of democracy in Sri Lanka. Given this context, we call upon Southern states to play a prominent role at the 25th regular session of the Council in supporting the establishment of an independent, international investigative mechanism on Sri Lanka that is capable of producing accountability.”
To: Member States of the UN Human Rights Council
Excellencies,
We call your attention to Sri Lanka as human rights groups based in the global South. In the past few years several calls have been made for independent, international investigations on allegations of international human rights and humanitarian law violations in Sri Lanka. Notably many of these calls have also come from within Sri Lanka. We welcome the endorsement of these calls by the UN High Commissioner for Human Rights in her report1 to the 25th regular session of the UN Human Rights Council. As civil society organisations based in the global South we call upon Council members, particularly those from the global South, to support this call and vote for an independent, international investigative mechanism on Sri Lanka. In Specific, we urge you to strengthen the currently tabled draft resolution2 by including adequate provisions for the establishment of an independent international investigative mechanism.
The climate of impunity that surrounded Sri Lanka’s long period of war is yet to end. The Council’s resolution4 last year commented on a number of ongoing human rights abuses in the country. It reiterated recommendations made two years ago by a domestic commission to, among others, investigate widespread allegations of extra-judicial killings and enforced disappearances, protect freedom of expression, strengthen independent institutions, implement rule of law reforms and demilitarise the North of Sri Lanka.
Actual change on the ground is the true indicator of Sri Lanka’s level of cooperation with the Council and such change is conspicuous by its absence. Allegations of extrajudicial killings and disappearances are yet to be credibly probed. In the meanwhile all human rights defenders including those working on disappearances are facing continuous intimidation. Similarly journalists and dissenters have been threatened while freedom of expression remains deeply affected. Just months before the aforementioned resolution at the Council, the independence of Sri Lanka’s judiciary was severely compromised through a flawed impeachment of the then Chief Justice. No steps have been taken to reverse this and other independent state institutions including the Human Rights Commission of Sri Lanka remain compromised. There have also been no moves by the government to repeal abusive laws such as the Prevention of Terrorism Act, 1979. The North and East of the country remain heavily militarised and the military continues to occupy civilian land, interfere with civilian administration and promote a climate of oppression in the region. Despite the Council’s scrutiny of Sri Lanka in the last two years, there have been no meaningful outcomes on the ground.
As we write to you, human rights defenders are being subjected to a new wave of threats and intimidation even as the Council sits in session. Last week a 13 year old girl and her mother were taken into custody in the North of Sri Lanka.5 Both of them had been at the forefront of calls against disappearances in Sri Lanka and the mother still remains detained. Two prominent human rights defenders, Ruki Fernando and Father Praveen Mahesan who attempted to identify the circumstances of this incident themselves were detained,6 it is believed, under the abusive Prevention of terrorism Act on Sunday and released on Tuesday.7 These detentions can be construed as part of a wider pattern of reprisals to cast a chilling effect on Sri Lanka related discussions at the Council. During the first week of the Council’s current session, Sri Lanka’s state run television channel Rupavahini attacked Sri Lankan NGOs that wrote jointly to the Council on violations. The broadcast included pictures of the civil society leaders involved.
It is clear that currently within Sri Lanka there is neither a conducive, democratic environment nor the necessary political will required for credible domestic investigations of human rights abuses in general, including wartime abuses. Nearly five years after the war, there has been no implementation of even the few constructive recommendations on accountability issues made by Sri Lanka’s domestic ‘Commission of Inquiry on Lessons Learnt and Reconciliation’ (LLRC)8 –which was widely criticised for being inadequate and not meeting international standards.
The underlying presumption in the Sri Lankan government’s written response9 to the High Commissioner’s latest report is that there are robust democratic processes within the country. The government asserts that, bodies such as civilian and military inquiry commissions; the Press Council; Human Rights Commission of Sri Lanka; the judiciary and the police are either investigating current allegations of human rights abuses or are available for any future complaints to be investigated and resolved. In this vein, the government repeatedly relies on technical legal and administrative processes underway to counter outstanding issues. All these entities and processes can only be presumed to work effectively within a democratic set-up. We wish to emphasise that Sri Lanka does not possess the democratic milieu in which these institutions, bodies and processes can be meaningful. From independent assessments undertaken within Sri Lanka on the state of the country’s democratic institutions, it is clear to us that power has been unconstitutionally centralised with the Executive. As a result, checks and balances required for independent and credible investigations do not exist in the country.10 In our minds these findings from within Sri Lanka clearly discredit the government’s arguments against the Council’s scrutiny. We strongly urge you to consider this important aspect in your deliberations at the Council.
In its defense, at the 24th regular session of the Council, Government of Sri Lanka projected the successful election of representatives to the Northern Provincial Council (NPC) as a major step towards change. Several member states welcomed this development. Following this there were widespread reports of intimidation and harassment of elected officials of the NPC and proposals for devolving powers remained unimplemented. In January 2014 the Northern Provincial Council passed a resolution calling for an international inquiry into alleged human rights and humanitarian law violations.11
From our experience we know that no amount of time will allow truth, justice and accountability to be established domestically so long as rule of law is subverted and an environment of human rights abuse and impunity prevails. In such circumstances, pursuant to its mandate to address violations of human rights, including gross and systematic violations, the Council must lose no time in instituting an international mechanism to independently investigate allegations of serious violations in Sri Lanka. Moreover, the High Commissioner’s call for investigations represents the natural progression of the Council’s efforts on Sri Lanka in the last two years. If states do not fully heed this call it will amount to lowering a threshold the body has set for itself. We fear that such a signal from the Council will only bolster ongoing human rights abuses and encourage further break down of democracy in Sri Lanka. Given this context, we call upon Southern states to play a prominent role at the 25th regular session of the Council in supporting the establishment of an independent, international investigative mechanism on Sri Lanka that is capable of producing accountability.
Please accept the assurance of our highest consideration
” ”
Ain o Salish Kendra (ASK)
Asian Forum for Human Rights and Development (FORUM-ASIA) Banglar Manabadhikar Suraksha Mancha (MASUM)
Bytes For All
Cairo Institute for Human Rights Studies
Center for Human Rights and Development (CHRD)
Centro de Estudios Legales y Sociales
CIVICUS: World Alliance for Citizen Participation
Commonwealth Human Rights Initiative
Conectas Direitos Humanos
East and Horn of Africa Human Rights Defenders Project
Egyptian Initiative for Personal Rights
Human Rights Defenders Alert (HRDA)
Imparsial
Informal Sector Service Center (INSEC)
People’s Watch
People’s Solidarity for Participatory Democracy (PSPD)
People’s Vigilance Committee on Human Rights (PVCHR)
Programme Against Custodial Torture & Impunity (PACTI)
Suara Rakyat Malaysia (SUARAM)
Taiwan Association for Human Rights (TAHR)
The Commission for the Disappeared and Victims of Violence (KontraS) Working Group On Human Rights in India and the UN (WGHR)
Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI)
* These 24 signatory organisations are based in the following 15 Southern countries: Argentina, Bangladesh, Brazil, Egypt, India, Indonesia, Malaysia, Mongolia, Nepal, Pakistan, Republic of Korea, South Africa, Taiwan, Thailand and Uganda.
A/HRC/25/23 2″ A/HRC/25/L.1
3″ Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka, available at http://www.un.org/News/dh/ infocus/Sri_Lanka/POE_Report_Full.pdf
4″ A/HRC/RES/22/1
“5 Colombo Telegraph, Kilinochchi Disappearances Activist And 13 Year Old Daughter Arrested After Hours Of Interrogation, 14 March 2014, available at https://www.colombotelegraph.com/index.php/kilinochchi-disappearances-activist-and-13-year-old- daughter-arrested-after-hours-of-interrogation/
“6 Colombo Telegraph, Ruki Fernando And Father Praveen Detained In Kilinochchi, 16 March 2014, available at https:// www.colombotelegraph.com/index.php/ruki-fernando-and-father-praveen-detained-in-kilinochchi/
Also see, joint statement by Amnesty International, FORUM-ASIA, International Commission of Jurists, International Crisis Group and Human Rights Watch, Sri Lanka: Free Prominent Rights Defenders – Arrests of Ruki Fernando and Father Praveen are Attempts to Silence Critics, 17 March 2014, available at http://www.hrw.org/news/2014/03/17/sri-lanka-free-prominent-rights- defenders
“7 The Guardian, Sri Lankan activists freed after international outcry, 19 March 2014, available at http://www.theguardian.com/ world/2014/mar/19/sri-lanka-activists-freed-ruki-fernando-father-praveen-mahesan
8″ The report of the Commission is available at www.llrcaction.gov.lk/reports/en/Final_LLRC_Report_en.pdf
9″ A/HRC/25/G/9
1” 0 For example the 17th Amendment to the Sri Lankan Constitution requires that appointments to Sri Lanka’s independent institutions (such as the Sri Lanka Human Rights Commission, the Judicial service Commission, the National Police Commission etc..) are to be made by an independent Constitutional Council. Since 2005 the current President of Sri Lanka has suspended the Council and makes direct appointment to these bodies seriously undermining their independence. In 2013 Sri Lanka’s Chief justice was removed by the legislature through a legally flawed process undermining the independence of the judiciary. Bodies formed by Sri Lanka to conduct inquiries have been found ineffective over the past many decades, however, Sri Lanka continues to form inquiries often to be used as an administrative cover for impunity. For more information produced domestically within Sri L”anka on these issues see below:
For independent analysis from within Sri Lanka on the implementation of LLRC recommendations see: Commentary on the Progress Achieved in Implementing the National Plan of Action to Implement the Recommendations of the Lessons Learnt and Reconciliation Commission, Center for Policy Alternatives, February 2014: http://www.cpalanka.org/commentary-on-the- progress-achieved-in-implementing-the-national-plan-of-action-to-implement-the-recommendations-of-the-lessons-learnt-and- reconciliation-commission/
For independent analysis from within Sri Lanka on the country’s long list of failures in human rights related inquiry Commissions see: A Legacy to Remember: Sri Lanka’s Commissions of Inquiry 1963-2002, Law and Society Trust, September 2010: http://www.lawandsocietytrust.org/PDF/a%20legacy%20to%20remember%3B%20sri%20lanka%27s%20commissions%20of %20inquiry.pdf
For independent analysis on the judiciary from within Sri Lanka see: A systemic crisis n context: The Impeachment of the Chief Justice, The Independence of the Judiciary and the Rule of Law in Sri Lanka, Center for Policy Alternatives, April 2013: http://www.cpalanka.org/the-impeachment-of-the-chief-justice-the-independence-of-the-judiciary-and-the-rule-of-law-in-sri- lanka/
For independent analysis from within Sri Lanka on the Sri Lanka Human Rights Commission see: National Human Rights Commission of Sri Lanka: A Marionette of the State, Law and Society Trust: http://www.lawandsocietytrust.org/PDF/resource/ marionette_state.pdf (Also published in the 2013 ANNI Report on the Performance and Establishment of National Human Rights Institutions by Asian Forum for Human Rights and Development)
The Hindu, Sri Lanka’s Northern Council seeks international war crimes probe, 27 January 2014, available at http:// www.thehindu.com/news/international/sri-lankas-northern-council-seeks-international-war-crimes-probe/article5623473.ece For an independent journalistic account of the general state of affairs in Sri Lanka see: Sri Lanka Briefing Notes-Issue no 08, 18 February 2014: http://srilankabrief.wordpress.com/2013/07/12/465/#more-465
Vibhushana / March 22, 2014
Well, now has been confirmed Gobi story is in fact true. DBS Jeyraj latest column goes into detail how Gobi was hiding inside 13 year old ‘Vipoosika”s residence. Arms caches have been discovered. Consequently, Father Praveen and “Ruki” are natural suspects by their association with the family.
/
Dr.Rajasingham Narendran / March 22, 2014
Vibhushana,
What DBSJ has published, as qualified by him, is only the police side of the story. We have to await the story of the other side, as promised by him. Do not rush to judgements yet!
Dr.Rajasingham Narendran
/
Vibhushana / March 22, 2014
Look here Dr.Rajasingham is it?
It seems I know more about Tamils than you do. Tamils take to violence like ducks to water. Well, allow me to refine the statement somewhat.
High castes takes to fascism to protect their fiefdom. Its the low castes who gets excited and take to violence. Its a feature of the primitive Tamil caste system Sri Lanka had to unfortunately bear the burdon.
/
Sengodan. M / March 23, 2014
Why couldn’t have Gobi become a captive and tool of the government, just like K. P?
Sengodan. M
/
Rohan / March 22, 2014
When was the last time did Vibhushana let the facts interfere in his ‘good news story’?
/
Thondamannar / March 22, 2014
Dr. NR….. Do not undermine DBSJ….
He is an independent journalist. he does not follow police stories. he has his own sources to obtain such information
/
Burning_Issue / March 22, 2014
Thondamannaru to be precise
If you want to pretend as a Tamil at least get the name right!
Can you show this forum exactly where did Dr NR undermine DBSL? If you need lessons on English comprehension, please enrol on some causes; it is better than making a fool of yourself on public forums!
/
srilal / March 23, 2014
i used to read DBSJ’s articles earlier , but for some strange reasons he has opted to change his style of writing and now DBSJ appears to be another VICTOR IVAN.
/
Kalpana / March 22, 2014
Hope Sri Lanka’s SINHALA civil society groups will make a similar statement demanding a war crimes investigation, instead of keeping their mouths tightly zipped up at this time… They have far less to lose than minority groups who are speaking out..
Jehan Perera and Nimalka Fernanao who has protection of her partner Vasudeva Nanayakkara who is the DEAD LEFT Minister for National Languages and Social Disintegration should organize a similar statement from Sri Lanka’s SINHALA civil society groups as well, in support of the Draft Resolution calling for an investigation of the Rajapaksa Brothers’ crimes and the illegal removal of the Chief Justice Dr. Shiranee Bandaranayake.
A statement from SINHALA CIVIL SOCIETY IS needed since the dastardly Jarapassa regime is pretending that only Tamils and Tamil Diaspora wants an investigation of the Mahinda and Gotabaya Rajapaksa’s war crimes. Colombo “civil society” gets big bucks from donors but are scared to speak up in asking for justice in the country it seems..
/
Lapatiya / March 22, 2014
@Vibheeshana,
Yes, Yes you are right.Not only DBS Jeyraj even Prof.Rohan Gunaratna has more information in this regard. Our country is very famous for discovering Arms caches not only in North even the South. North Arms caches are belongs to LTTE and South Arms caches are belongs to “Sinhala Koti. I think this is the right time for great historian, Jackson Anthony to make a film about how Gobi was hiding inside 13 year old Viboshik’s residence. I sure that will be a Great film and Super hit.
/
James / March 22, 2014
This chap Vibhushana is a bloody liar or rather assuming the Police and defence story as true story.
DBS Jeyraj has given the following as the footnote:
This then is the version of events according to Police sources and informed sources affiliated to the defence establishment. There is however a counter narrative to this official narrative. There have been also other related events subsequent to the shooting incident at Tharmapuram and the detention of Mrs. Jeyakumari Balendra. These events and the counter narrative will be dealt with extensively in a forthcoming article.
/
Burning_Issue / March 22, 2014
Vibhshana,
Objectivity is a concept that you are completely devoid of! Time and again you drop you foot in. You tried history to devalue the Tamils that did not work now you try anything. One can only feel sorry for you.
/
Maveeran / March 22, 2014
I sincerly ask CT and its readers not to take this Donkey Vibhushana’s comments seriously. Please try and not post any of this dimwit’s comments if possible. Vibhushana the Sinha-lame pissu lama should get her head checked first.
/
Amarasiri / March 22, 2014
Vibhushan,
Interesting.
Was it in the Monk Mahanam’s Mahawansa? Just Curious.
There are so many lies, it needs to be taken with a bag of salt.
Sri- Lanka, the Land of Para-Liars.
/
Amarasiri / March 23, 2014
VIBUSHANA,
“Was it in the Monk Mahanam’s Mahawansa? Just Curious. There are so many lies, it needs to be taken with a bag of salt.”
SEE BELOW: FROM SUNDAY OBSERVER
GL to brief Maha Nayake Theras
External Affairs Minister Prof. G.L. Peiris will brief the Maha Nayake of Malwathu Chapter Ven.Tibbotuwawe Sri Sumangala Thera and Maha Nayake of Asgiri Chapter Ven. Udugama Sri Buddarakkitha Thera of the on going UN Human Rights Council sessions and the developments in Geneva, on Monday.
Earlier the Maha Nayake Theras wrote to the President seeking a meeting with the Ministers Prof.G.L. Peiris and Mahinada Samarasinghe as the senior officials taking part in the Geneva sessions to make them aware of the on going developments.
In response to their letter the Presidential Secretariat has responded that Prof. Peiris will meet the Maha Nayake Theras to brief them and offer any clarification. The meeting will be held at 4.00 pm on Monday.
/
AVB / March 22, 2014
Vibushana,
What a foolish conclusion.. or what is the relation of Gopi story with this one???
Group of Tamils took arms and fought for 30 years and failed. If they have any brains, would they take arms again? Specially, at the current situation where SL current government is checked mate at UN and internationally…
If those Lanka Tamils are desperate to get away from Sinhalese led country, Vigneshwarren can call for referendum for becoming 30th state in India. Push India to parade their navy ships, submarines near NE sea, like what Russia is doing Cremia… What Rajapakse clan or BBS/JHU type guts can do if this happens?
/
OutRider / March 22, 2014
The fact that these foreigners in far away lands who don’t even possess a basic knowledge of Sri Lanka are talking about very specific incidents in a detailed manner proves this whole thing has been orchestrated. These bread and butter fighters for justice will sing if the price is right. Their brains have indeed descended to their southern globes. It is amazing what the LTTE rump can achieve.
“HUMAN RIGHTS” IS THE WEAPON OF CHOICE OF WESTERN IMPERIALISTS IN EXERTING SOFT POWER TO EFFECT REGIME CHANGES.
/
Maveeran / March 22, 2014
Its amazing to see such dumb fools like Outrider the nob jockey can pretend to be smart by writing whatever comes up in his mind. This Dirty Sinhalame bugger cannot digest the truth.
/
Kutti Machan / March 23, 2014
Peeveeran
Don’t make the fatal mistake of underestimating the intelligence of Sinhalese again. Remember Mullivaikkal? It’s you who can’t digest the truth there are people in the world who are more intelligent than you. Didn’t you learn your lesson in the Croydon incident I described to you last time?
/
Maveeran / March 23, 2014
Kutti [Edited out],
Are you a tipcut who got chased away from the North by the tigers? Or got your father or your uncle killed by LTTE? Or [Edited out]
/
Native Vedda / March 26, 2014
Maveeran
Check your DNA, you may be related to Genghis Khan or Ibn Battuta just like your Sinhalese brothers.
/
Gurusinghe / March 22, 2014
Everyone is concern about the suffering northern Sri Lanka.
Nothing wrong in it and there must be a solution to this issue.
But no NGO’s NO Human right champions talk about the silent suffering of the southern Sri Lanka.
How many journalists fear for life.
How many honest police officers struggling to do their duties due to political interferences. How may Govt officers under enormous stress daily basis. The middle class people in all communities are under so much pressure from this despot ruler who think he is a king. No UNHRC units there to talk about how this despot hoodwinking the public by self praising himself in all state owned media. If a media is not pro regime the access is denied. Truth is buried. Creating violence and social unrest among communities for his survival. How many ordinary peoples lives are at risk. A real Rowdy who should be behind bars for several criminal activities has been made a leader of a religious vigilant group by the Minister of defense with the blessings of President. No organization so far talked openly about these facts. Diplomacy wont work with these goons. One must use the iron glove to handle this regime not the velvet glove.
/
punchinilame / March 23, 2014
The answer is in your hands – who Voted for this Regime and who keeps
Voting for the Regime at every past Election? You/we got what we
deserve!
The Sinhala intelligentsia has gone into hiding waiting for the Tamils
to fight it out at the UN.
/
Anpu / March 22, 2014
DBS Jeyraj??????
/
Rajan Walpola / March 22, 2014
Anpu [Edited out]
What about him? Have you had good time with you? Have you got what you were looking for?
/
Maveeran / March 22, 2014
Rajan Pol ghedi oluwa,
Why are you getting all hyped up when he mentioned DBS jeyraj? Are you suffering from small dick syndrome too?
/
gamini / March 22, 2014
DBS Jeyaraj another KP faction LTTEer disseminating news favourable to MR regime to sustain the Corrupt, Murderous MR.
/
Chandra Seneviratne / March 22, 2014
At a time Sri Lankans are silently disquieting from the mayhem and atrocities of MR’s establishment that methodically subverting the entire electoral process in the forthcoming election of 2 provinces by abusing the very funds and resources of the people to disguise the world with a picture which will be totally different from the stark reality of the mess in the country.
MR and his family junta has systematically created a new institutional structures that has consolidated a deep-seated fear of reprisal, despair and the sheer haplessness among the people that made their souls numbed insensitive and bewildered virtually incapacitating them to make out right and wrong , good and bad but just to languish in life without any direction for a future to them or their children except to contend what that doled out to them without any question being asked.MR and his family rulers go about clad in pure lily- white dresses along with his band wagon of thugs and media in temples and churches in holistic display of worship of the god honored and blessed by celery in these places of worship. And also to schools and to carry children in arms and to cajole them with sweet talks and all these drama being played in public as if he fully aloof and unaware of atrocities rampant in the country despite that fact that he and his family members are tightly control the full authority of the government. MR and his stooges are zealously destined to set a legal and military custom known to feudalism which is not compatible to the modern systems of governance known to the civilized world. The system of governance under MR has gone too far and has now become a near impossibility to reverse to the former order to establish democracy, rule of law, freedom of expression, equality before law, independence of judiciary and independent administration of justice , repeal of draconian laws ,dissuade corruption of rulers and their stooges, nepotism etc. The exposition of the harrowing form of government set in Sri Lanka by MR and his Junta in erosion of all norms of fundamental tenets of human rights and the vilifications centered around it require a far reaching analysis than this.
Against the above backdrop of the current level of Sri Lanka’s governance especially of the low level of independence of judiciary in the country and in consideration of the representations made by civil organizations, we Sri Lankan’s also call upon all the states participating at the 25th regular session of the Human Rights Council to support for the establishment of an independent
We in Sri Lanka earnestly believe that such concerted action would definitely be a forerunner to alleviate Sri Lanka at least in some measure from the present quandary the whole country weighs down by MR and his family junta which is developed into a form of rule that is against the humanity which would otherwise go unabated.
/
Chandra Seneviratne / March 22, 2014
At a time Sri Lankans are silently disquieting from the mayhem and atrocities of MR’s establishment that methodically subverting the entire electoral process in the forthcoming election of 2 provinces by abusing the very funds and resources of the people to disguise the world with a picture which will be totally different from the stark reality of the mess in the country.
MR and his family junta has systematically created a new institutional structures that has consolidated a deep-seated fear of reprisal, despair and the sheer haplessness among the people that made their souls numbed insensitive and bewildered virtually incapacitating them to make out right and wrong , good and bad but just to languish in life without any direction for a future to them or their children except to contend what that doled out to them without any question being asked.MR and his family rulers go about clad in pure lily- white dresses along with his band wagon of thugs and media in temples and churches in holistic display of worship of the god honored and blessed by celery in these places of worship. And also to schools and to carry children in arms and to cajole them with sweet talks and all these drama being played in public as if he fully aloof and unaware of atrocities rampant in the country despite that fact that he and his family members are tightly control the full authority of the government. MR and his stooges are zealously destined to set a legal and military custom known to feudalism which is not compatible to the modern systems of governance known to the civilized world. The system of governance under MR has gone too far and has now become a near impossibility to reverse to the former order to establish democracy, rule of law, freedom of expression, equality before law, independence of judiciary and independent administration of justice , repeal of draconian laws ,dissuade corruption of rulers and their stooges, nepotism etc. The exposition of the harrowing form of government set in Sri Lanka by MR and his Junta in erosion of all norms of fundamental tenets of human rights and the vilifications centered around it require a far reaching analysis than this.
Against the above backdrop of the current level of Sri Lanka’s governance especially of the low level of independence of judiciary in the country and in consideration of the representations made by civil organizations, we Sri Lankan’s also call upon all the states participating at the 25th regular session of the Human Rights Council to support for the establishment of an independent
We in Sri Lankan earnestly believe that such concerted action would definitely be a forerunner to alleviate Sri Lanka at least in some measure from the present quandary the whole country weighs down by MR and his family junta which is developed into a form of rule that is against the humanity which would otherwise go unabated. .
/
Thondamannar / March 22, 2014
These b.ggers from Southern Countries Civil societies must investigate Human Rights abuses in their own countries before they point fingers at others.
/
Piranha / March 22, 2014
Well my friend, many of the governments of the countries represented by these civil societies are supportive of the Rajapaksa regime. As is very obvious now these dictators stick together for their own protection. Bangldesh, Pakistan and Indonesia, among others are some of the worst offenders.
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Ragavan / March 23, 2014
When the entire world is coming down on SriLanka, I cannot understand why some people don’t realise that there is a serious problem with our government. Simply stating there is no democracy. There is military rule in some parts of the country. There is no press freedom.There is massive corruption.There is interference with judiciary.
By defending the government our people are digging their own graves.
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Kumaraya / March 23, 2014
GOSL is trying its best to cover up its lies with its GREAT LIAR G.L Pieris to hoodwink the UN, UNHRC, etc. He is a dishonest Professor who turns coat to make money. from UNP to SLFP may be he will switch back to UNP when UNP comes to power. Shameful professor.
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Navin / March 23, 2014
Don’t blame G.L.Peiris too much please. He is born impotent.
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Kumaraya / March 23, 2014
It is better these countries in the UNHRC do some soul searching and allow their conscience speak and act accordingly. Those who act against their conscience are selfish and unmoral and should be considered as a curse to humanity. Justice must prevail. ALL MIGHTY GOD IS WATCHING EACH AND VERY ACTION AND DEEDS. On judgement day all these unmoral people will have to answer and may be pushed in to BURNING FIRE.
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csj / March 23, 2014
Buddha:
https://www.youtube.com/watch?v=SgkLtdZqXXw
Thankfulness — Buddha and His disciples
A story told by ‘Abdu’l-Bahá
Buddha had disciples and he wished to send them out into the world to teach, so he asked them questions to see if they were prepared as he would have them be. “When you go to the East and to the West,” said the Buddha, “and the people shut their doors to you and refuse to speak to you, what will you do?” -The disciples answered and said: “We shall be very thankful that they do us no harm.”-“Then if they do you harm and mock, what will you do?”-“We shall be very thankful that they do not give us worse treatment.”-“If they throw you into prison?”-“We shall still be grateful that they do not kill us.”-“What if they were to kill you?” the Master asked for the last time. “Still,” answered the disciples, “we will be thankful, for they cause us to be martyrs. What more glorious fate is there than this, to die for the glory of God?” And the Buddha said: “Well done!”
‘Abdu’l-Baha, ‘Abdu’l-Baha in London, p. 63
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Maveeran / March 25, 2014
Apart from sitting under a tree scratching his butt and eating peanuts, What more can Buddha teach to the world?
And can you please tell me what has your story got to do with this article?
/
kalum bandara / March 23, 2014
Dear editor president camaraman sudath silva and 5 persons now in geneva to org the sriankan protest in genva they were provided by a embassy car all the facilities peoples expenses pl expose this
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Jayantha / March 24, 2014
President Percy Mahinda Rajapakse (PMR) has already Lost the UNHRC resolution and has screwed our country both Locally and Internationally.
We know that intellectuals and journalists like you Dr.Dayan, Tisaranee and many others including opposition UNP gave enough warnings to Percy MR for over Four years about what is going to come.
But the moron along with the Sinhala Buddhist Racists who became too Proud after the war, were celebrating war victory, having parties all over, lighting fire crackers and eating Kiribath and did not listen to Intellectuals to find a lasting solution to the Tamil issue.
WITH THE EXTRA ORDINARY POWERS PMR HAS, HE COULD HAVE IMPLEMENTED FULL LLRC SINGLE HANDADLY WITH A STROKE OF A PEN. BUT HE WAS TOO PROUD AND ADAMENT NOT TO DO SO.
We saw how President Kicked Dr.Dayan Jayatilleka, Tamara Kunanayakam and many other intellectuals who helped Sri Lanka win 2009 UNHRC resolution, and replaced the Foreign Ministry with mere uneducated, unqualified,party goons and “Yes Sir” Goats.
Also many times when President travelled to England he saw the Tiger remnats protesting for their rights and who were pressing for a lasting solution.
But the President did not listen or act on their demands, but merely putting up Posters, cut outs, roads and bridges while looking for prestige, playing a One Man show band.
Also he was adament and started challenging the West on Human right to score a cheap Sinhala Buddhist political Goal to win elections.
Now Sri Lanka is facing the wrath in this coming UNHRC while PMR (Pissu Moda Raja) spending colossal amount of FOREX money including lobbying for Sri Lanka by International Law firms.
Meanwhile Now Vaiko is planning to call for revoking the ban on LTTE. Here’s the web.
http://timesofindia.indiatimes.com/home/specials/lok-sabha-elections-2014/news/Vaiko-calls-for-United-States-of-India/articleshow/32521267.cms
Pres. Percy Rajapakse thought of playing the same old Monkey Tricks which won him last elections by having the two Provencial counsil elections earlier than required to score aan early win using UNHRC. But now caught in the trap.
Also now JVP is coming out with full force along with DM Gen.Sarath Fonseka to win the Provencial elections.
JVP has the potential to be the opposition party very soon and could form a future Government.
Here’s one of the latest JVP propaganda rally video clip.
http://www.lankatruth.com/home/index.php?option=com_content&view=article&id=6660:call-executive-merchant-for-more-details&catid=36:top-stories&Itemid=124
Now Voters have realised the truth and are fed up of UPFA Government, who were thinking earlier to rule the country for the next 20 years.
Change is in the horizon for the Rajapakse Government which is inevitable now, and will come much sooner than expected.
All are happening in the Political Arena for the best of the country, coming as a Blessing in disguise for the benefit of poor and oppressed people in Sri Lanka.
We are looking foreward for a change in Araliya Gaha and Parliament.
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Rohan R / March 24, 2014
Sri Lanka should ignore UNHCR. They can have all the resolutions they want. If they are so inclined let them have an inquiry as well, that report will become another Goldstone report. SL cannot be hauled before ICC unless UN security council approve it, which won’t happen as long as china and Russia is there, case closed, bye bye diaspora. please change the demographics of north and make it just like the rest of the country. Then all Sri Lankans can live as one and the dieass pora can keep cleaning the toilets in the west :)
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Jayantha / March 24, 2014
Rohan R
slobodan milosevic of Serbia was arrested and had to face Trial on murdering thousands of Kroats.
He was brought before International Human Roghts Courts and was charge on Genocide and sentenced to life in prison.
Here’s the web.
http://www.trial-ch.org/en/ressources/trial-watch/trial-watch/profils/profile/108/action/show/controller/Profile.html
Where were his close allies Russia,China, cuba,Venezeula and others who were supposed to help him………
Same with Saddham Husain,Gaddafi.
Dr.Dayan say’s Ranil’s not signing Geneva Protocol exempting Sri Lanka from International Investigation on Human Rights is NOT VALID. He was mere Prime Minister and not the head(President) of Sri Lanka then.
THEREFORE SRI LANKA IS AT A GRAVE DANGER IF THE UNHHRC PASSED RESOLUTION AGAINST SRI LANKA.
REMEMBER KNOWLEDGE IS POWER AND NOT THE BIG MOUTH AND BIG BODY.
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Maveeran / March 25, 2014
Rohan you Modaya, what do you think China and Russia is going to save Mahinda Jarapassa’s ass when he’s serving life imprisonment. Do you think Mahinda is useful in anyway to Russia or China? What the Russians and Chinese would do is lift up the next Ruler of Srilanka and try to make the Srilankans their slaves. Thanks to this blady bugger Jarapassa, all the Srilankans have to pay back the debt which this clown begged from them.
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K.A Sumanasekera / March 24, 2014
Are these Southern Civvies on the same payroll as our Lankan Human Rights civvies?.
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Thondamannar / March 24, 2014
An evil soul producing holy witness
Is like a villain with a smiling cheek,
A goodly apple rotten at the heart.
O, what a goodly outside falsehood hath!”
– William Shakespeare, The Merchant of Venice
On whose “par roll” ?
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Rohan R / March 25, 2014
Hi JAYANYTHA,
I know knowledge is power, but sadly you seem to have none. Please tell me under what circumstances can SL be taken to ICC. SL is not party to ICC ( USA is also not party to it, if they were most US presidents will be tried for war crimes). Here are the circumstances under which SL can be taken to ICC;
Territorial jurisdiction[edit]
where the person accused of committing a crime is a national of a state party (or where the person’s state has accepted the jurisdiction of the Court);
where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the Court)
where a situation is referred to the Court by the UN Security Council.[37]
So according to these regulations the first 2 are out for SL. The only way SL can be taken to ICC is thru the UN security council, where Russia & China has veto power :).
Please correct me if I am wrong JAYANTHA
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Jayantha / March 25, 2014
Rohan R,
Please read the following web and listen to the video.
http://www.globalresearch.ca/bush-adminstration-convicted-of-war-crimes-and-crimes-against-humanity/5336860
Both George W. Bush and Tony Blair have been prosecuted at Kuala Lumpur War Crimes Tribunal courts, but they both are avoiding trials.
That’s why they both avoid or dodging travelling to Switzeraland and some European countries and Asia.
If they are caught by surprise, they could be dragged to courts to face charges.
Same with Dick Cheney and Donald Rumsfeld.
If you listen to Dr.Dayan’s interview with Sirasa you will note that no leader could avoid punishment for their crimes.
Also Yugoslavia has not signed the ICC protocol, bud Slobodan Milosovic was prosecuted and jailed for killing ethnic Kroats. Read following web.
http://www.trial-ch.org/en/ressources/trial-watch/trial-watch/profils/profile/108/action/show/controller/Profile.html
Same with Ivory coast sent Charles Ble to ICC to face charges.
Read the following web.
http://uk.reuters.com/article/2014/03/22/uk-icc-ivorycoast-blegoude-idUKBREA2L0CK20140322
It Says……..(Reuters) – Ivory Coast transferred Charles Ble Goude, a youth leader and close ally of ex-president Laurent Gbagbo, to the International Criminal Court (ICC) on Saturday to face charges of crimes against humanity linked to a 2011 post-election civil war.
HOPE YOU AGREE WITH ME NOW THAT I HAVE KNOWLEDGE AND IT IS POWER.
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Rohan R / March 25, 2014
MAVEERAN you kuli. Please tell me how rajapakse can be taken to ICC. You won’t be able to find it because most likely you can’t read :).I know you are upset LTTE lost the war and your beloved leader and the rest of the terrorists are dead, too bad.. go back to your toilet cleaning job.. Sri Lanka is for Sri Lankans if you want a peelam ask tamil nadu or canada
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Maveeran / March 25, 2014
[Edited out]
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Rohan R / March 26, 2014
OK Jayantha, you seem to have some knowledge ( no disrespect) , but Kuala Lumpur War Crimes Tribunal courts is not a court authorized by ICC nor does it come under the preview of the ICC ( which is what really matters). Any court can find anybody guilty but is it enforeceable and are the courts recognized by ICC. International People Tribunal or some thing made up convicted the SL gov, but those convictions are not even worth the paper the verdict is written on.
In my opinion the only court and trial that matters, is the ICC and any trial sanctioned by the UN. Also remember there is a big difference when it comes to trying GW and TOny Blair. They committed thee crimes in countries that have recognized the ICC, thus can be proscecuted by the ICC. ( IRAQ, PAKISTAN, AFGANISTAN PLUS….PLUS ). In Sri Lankans case these made up crimes were committed in SL, which is not a signatory to ICC, thus can only be prosecuted under the 3 conditions I mentioned above.
Now having said all this, I do believe if the UN wants to investigate the SL war I would agree to investigate the entire war from the beginning to end. This will prove the culpability of India, the west, all the diaspora in the west etc. Especially adela, rudra etc. If the current SL gov is also guilty so be it. But it’s unfair to investigate only the last stage of the war, when much worse crimes were committed before. Can we agree on this :), awaiting your reply. I would really like you to prove me wrong on the war crimes as it relates to the ICC and the UN. Please don’t bring up these kangroo courts. I do agree with you these kangroo courts can try the rajapakses and they will not be able to visit the west etc, but what really matters is whether they can be brought to the Hauge without going thru the UN
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Jayantha / March 27, 2014
Rohan R,
What I mean was apart from ICC, a case against any sitting President could be filed in a third country even with his absence.
Also depends on the verdit, if he was find guilty, he could be arrested if he travels to that country or to a third country, if they have judiciary ties.
Here’s few of them, and listen to video clip.
http://www.internationallawjournaloflondon.com/francis-boyle-interview.html
http://www.questia.com/library/journal/1G1-320731628/prosecuting-international-crimes-in-australia-the
https://www.colombotelegraph.com/index.php/rajapaksa-war-crimes-and-immunity-of-a-foreign-head-of-state-under-the-us-law
http://en.wikipedia.org/wiki/Alleged_war_crimes_during_the_final_stages_of_the_Sri_Lankan_Civil_War
But many countries do not hear a case against a SITTING PRESIDENT.
But this change the moment he leaves his office.
What I want to say is Pres.Rajapakse made a grave mistake by replacing our top qualified Diplomats who won 2009 UNHRC and replaced them with unqualified and unfit delegates thereafter.
Also he could have easily implemented LLRC ASAP in 2012 and given some concessions to nothern Tamil people with 13 Amendment.
Why didn’t he do so to act……..He was just sitting on LLRC when many Senior Diplomats, Journalists and reporters warned him on consequences.
He made a big blunder by challenging UN, USA and Navi Pillai.
Now Tamil Diaspora are very active in Lobbying and hiring very influental International Lawyers, HR activists and lobbying firms at this UNHRC.
Just look at the colossal amount of FORAX Pres.Rajapakse spending on this UNHRC resolutions. What an utter waste of both Money, Prestige and loss of Business.
I STILL FIND DIFFICULT TO ANALYSE WHAT IS GOING INSIDE PRES.RAJAPAKSE’S MIND.
IS HE PLANNING TO ISOLATE SRI LANKA LIKE NORTH KOREA, AND TO RULE IT FOR EVER………..I REALLY DON’T KNOW. Only a stupid President will act like this.
Look at his friends. Gaddafi, Castro, Hugo Charviz, Saddham Hussain, Palastine, Uganda,Swaziland etc,etc, Who are these……..mere third world tin pot dictators.
Anyway Sri Lanka is at a very grave position if we loose this UNHRC.
Let me have your comments.
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Rohan R / March 26, 2014
Jayantha, for you information the ICC Court to try Slobodan Milosovic was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. As you say information is golden :). Therefore in SL case it has to go thru the security council, which will not happen under the current circumstances. China won’t have it, and also Russia will not even entertain it with what’s going on in ukraine
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Rohan R / March 26, 2014
MAVEERAN, comments are edited out, most likely because he can’t make a coherent sentence with proper English :))))
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Maveeran / March 26, 2014
CT editors didn’t want you to hang yourself in embarrassment I guess.
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Rohan r / March 27, 2014
Maveeran, is that your only comeback? Pathetic. I guess you or jayatha doesn’t have any answers to my questions… Typical empty vessels :)
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Rohan R / March 31, 2014
Jayantha,
Couple of things I want to comment;
The president can be tried in a 3rd country: This is true, most likely after he leaves office. These kind of challenges are similar to what bush and blair is facing. Recently Bush had to turn away from Toronto because of a threat of arrest. These are mostly nuisance more than anything else
Reg what the president should have done after the war
Established an independent commission immidiatly after the war to cover the entire war, and truly establish the crimes and excess. We should have got technical help from UNHCR by pre-empting them. This inquiry would have found mostly LTTE responsible for war crimes, because all civilian deaths at the end was the responsibility of the LTTE. They are the ones who went in to the no fire zone ( this was established for the civillians not for the LTTE to hide). I have no sympathy for LTTE leaders like Ramesh, nadesen etc. I AM sure they were executed, but they deserved it. ( USA did the same with bin-laden)
Fully implement the 13th amendment ( I mean truly implement it) except land and police rights.
Establish true democracy in the country, and stop harassing journalist, judges etc (impeaching the chief justice was the worst mistake and hight of arrogance).
Engage USA with soft diplomacy without antoganizing them by stupid comments from Mervin etc.
I do agree with you as far as the friends he kept, gadaffi, iran etc. Big mistake
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