18 August, 2017

Final Draft Resolution On Sri Lanka – Full Text

The draft text of a resolution on Sri Lanka tabled by the co-sponsors of the resolution last night. The main sponsors of the resolution are the former Yugoslav Republic of Macedonia, Montenegro, the United Kingdom, Northern Ireland and the United States of America.

We publish below the draft resolution in full;

HRC 30th Session – Draft Resolution

Item 2: Promoting reconciliation, accountability and human rights in Sri Lanka

The Human Rights Council,

Preamble

Pp1

Reaffirming the purposes and principles of the Charter of the United Nations,

Pp2

Guided by the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant instruments,

Pp3

Recalling also Human Rights Council resolutions 19/2 of 22 March 2012, 22/1 of 21 March 2013, and 25/1 of 27 March 2014 on promoting reconciliation and accountability in Sri Lanka,

Pp4

Reaffirming its commitment to the sovereignty, independence, unity and territorial integrity of Sri Lanka,

Pp5

Reaffirming that it is the responsibility of each State to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population,

Pp6

Welcoming the historic free and fair democratic elections in January and August 2015 and peaceful political transition in Sri Lanka,

Pp7

Taking note with interest of the passage and operationalization of the nineteenth amendment to the Constitution of Sri Lanka and its contributions to promoting democratic governance and independent oversight of key institutions, including the provision on promotion of national reconciliation and integration as among the Constitutional duties of the President of Sri Lanka,

Pp8

Welcoming the steps taken by the Government of Sri Lanka since January 2015 to advance respect for human rights and to strengthen good governance and democratic institutions

Pp9

Welcoming the efforts of the Government of Sri Lanka to Investigate allegations of bribery, corruption, fraud, and abuses of power, and stressing the importance of such investigations and the prosecution of those responsible in ending impunity and promoting good governance,

Pp10

Welcoming as well, the steps taken to strengthen civilian administration in the former conflict-affected provinces of the North and East, and acknowledging the progress made by the Government of Sri Lanka in rebuilding infrastructure, demining and resettling internally displaced persons, and calling on the international community, including the United Nations, to assist the Government of Sri Lanka in furthering these efforts, especially in expediting the process of delivery of durable solutions for all internally displaced persons,

Pp11

Recognizing the improved environment for members of civil society and human rights defenders in Sri Lanka, while expressing concern at reports of ongoing violations and abuses of human rights and recognizing the expressed commitment of the Government of Sri Lanka to address issues including those involving sexual and gender-based violence and torture, abductions, as well as intimidation of and threats against human rights defenders, and members of civil society,

Pp12

Reaffirming that all Sri Lankans are entitled to the full enjoyment of their human rights regardless of religion, belief or ethnicity, in a peaceful and unified land,

Pp13

Reaffirming also that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights law, international refugee law and international humanitarian law, as applicable,

Pp14

Welcoming the government’s Declaration of Peace of 4 February 2015 and its acknowledgement of the loss of life and victims of violence of all ethnicities and religions,

Pp15

Emphasizing the importance of a comprehensive approach to dealing with the past incorporating the full range of judicial and non-judicial measures, including, inter alia, individual prosecutions, reparations, truth-seeking, institutional reform, vetting of public employees and officials, or an appropriately conceived combination thereof, in order to, inter alia, ensure accountability, serve justice, provide remedies to victims, promote healing and reconciliation, establish independent oversight of the security system, restore confidence in the institutions of the State and promote the rule of law in accordance with international human rights law, with a view to preventing the recurrence of violations and abuses, and welcoming in this regard the Government’s expressed commitment to ensure dialogue and wide consultations with all stakeholders,

Pp16

Recognizing that mechanisms to redress past abuses and violations work best when they are independent, impartial, and transparent; are led by individuals known for displaying the highest degree of professionalism, integrity, and impartiality; utilize consultative and participatory methods that include the views from all relevant stakeholders including, but not limited to, victims, women, youth, representatives from various religions, ethnicities, and geographic locations as well as marginalized groups; and designed and implemented based on expert advice from those with relevant international and domestic experience,

PP17

Recognising that a credible accountability process for those most responsible for violations and abuses will safeguard the reputation of those, including within the military, who conducted themselves in an appropriate manner with honor and professionalism.

Pp18

Recalling the responsibility of States to comply with their relevant obligations to prosecute those responsible for gross violations of human rights and serious violations of international humanitarian law constituting crimes under international law, with a view to ending impunity,

Pp19

Taking note of the review of High Security Zones undertaken by the government and welcomes the initial steps taken to return land to its rightful civilian owners and to help local populations to resume livelihoods and restore normality to civilian life,

Pp20

Welcoming the Government of Sri Lanka’s commitments to the devolution of political authority,

Pp21

Requesting the Government of Sri Lanka to implement effectively the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission,

Pp22

Welcoming also the 30 March – 3 April 2015 visit and observations of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, and the planned visit of the Working Group on Enforced and Involuntary Disappearances in November,

Pp23

Recognizing that the Investigation into alleged serious violations and abuses of human rights and related crimes in Sri Lanka requested in Human Rights Council resolution 25/1 was necessitated by the absence of a credible national process of accountability,

Opprative

1. Takes note with appreciation the oral update presented by the High Commissioner to the Human Rights Council at its twenty-seventh session, the report of the Office of the High Commissioner for Human Rights on promoting reconciliation and accountability in Sri Lanka and the report of its Investigation on Sri Lanka requested in Human Rights Council resolution 25/1 including its findings and conclusions, and encourages the Government of Sri Lanka to implement the recommendations contained therein when implementing measures for truth seeking, justice, reparations, and guarantees of non-recurrence;

2. Welcomes the positive engagement between the Government of Sri Lanka and the High Commissioner and his Office since January 2015 and encourages the continuation of such engagement in the promotion and protection of human rights and in exploring appropriate forms of international support to and participation in Sri Lankan processes for seeking truth and justice,;

3. Supports the Government of Sri Lanka’s commitment to strengthen and safeguard the credibility of the processes of truth seeking, justice, reparations, and guarantees of non-recurrence by engaging in broad national consultations with the inclusion of victims and civil society, including non-governmental organizations, from all affected communities that will inform the design and implementation of these processes, drawing on international expertise, assistance and best practices;

4. Welcomes the Government of Sri Lanka’s commitment to undertaking a comprehensive approach to dealing with the past incorporating the full range of judicial and non-judicial measures; welcomes in this regard the proposal by the Government of Sri Lanka to establish a Commission for Truth, Justice, Reconciliation, and Non Recurrence, an Office of Missing Persons, and an Office for Reparations;; welcomes the Government’s willingness to give each mechanism the freedom to obtain assistance, both financial, material and technical from international partners including the OHCHR; and affirms that these commitments, if implemented fully and credibly, will help to advance accountability for serious crimes by all sides and help achieve reconciliation;

5. Recognizes the need for a process of accountability and reconciliation for violations and abuses committed by the Liberation Tigers of Tamil Eelam as highlighted in the OISL report;

6. Welcomes the government’s recognition that accountability is essential to uphold the rule of law and build confidence in the people of all communities of Sri Lanka in the justice system, takes note with appreciation of the Government of Sri Lanka’s proposal to establish a Judicial Mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; and affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for integrity and impartiality; and further affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defence lawyers, and authorized prosecutors and investigators;

7. Encourages the Government of Sri Lanka to reform its domestic law to ensure that it can effectively implement its own commitments, the recommendations made in the report of the Lessons Learnt and Reconciliation Commission, as well as the recommendations of the report by the Office of the High Commissioner for Human Rights requested in resolution 25/1, including by allowing for, in a manner consistent with its international obligations, the trial and punishment of those most responsible for the full range of crimes under the general principles of law recognized by the community of nations relevant to violations and abuses of human rights and violations of international humanitarian law, including during the period covered by the LLRC;

8. Encourages the Government of Sri Lanka to introduce effective security sector reforms as part of its transitional justice process that will help enhance the reputation and professionalism of the military and include ensuring that no scope exists for retention in or recruitment into the security forces of anyone credibly implicated through a fair administrative process in serious crimes involving human rights violations or abuses or violations of international humanitarian law including members of the security and intelligence units; and increasing training and incentives focused on the promotion and protection of human rights of all Sri Lankans;

9. Welcomes the Government of Sri Lanka’s recent passage of an updated Witness and Victim Protection Law and its commitment to review the law, and encourages the Government of Sri Lanka to strengthen these essential protections by making specific accommodations to effectively protect witnesses and victims, investigators, prosecutors, and judges.

10. Welcomes the initial steps taken to return land and encourages the government to accelerate the return of land to its rightful civilian owners, , and to undertake further efforts to tackle the considerable work that lies ahead in the areas of land use and ownership, in particular the ending of military involvement in civilian activities, the resumption of livelihoods and the restoration of normality to civilian life, and stresses the importance of the full participation of local populations, including representatives of civil society and minorities, in these efforts,

11. Encourages the Government of Sri Lanka to investigate all alleged attacks by individuals and groups on journalists, human rights defenders, members of religious minority groups and other members of civil society, as well as places of worship, and to hold perpetrators of such attacks to account and to take steps to prevent such attacks in the future;

12. Welcomes the Government of Sri Lanka’s commitment to review the Public Security Ordinance Act and review and repeal the Prevention of Terrorism Act and replace it with anti-terrorism legislation in line with contemporary international best practices;

13. Welcomes the Government of Sri Lanka’s commitment to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearances without delay, to criminalize enforced disappearances and to begin issuing Certificates of Absence to the families of the missing as a temporary measure of relief;

14. Welcomes the Government of Sri Lanka’s commitment to release publicly previous Presidential Commission Reports

15. Encourages the Government of Sri Lanka to develop a comprehensive plan and mechanism for preserving all existing records and documentation relating to human rights violations and abuses and violations of international humanitarian law, whether held by public or private institutions;

16. Welcomes the government’s commitment to a political settlement by taking the necessary constitutional measures and encourages the Government of Sri Lanka’s efforts to fulfill its commitments on the devolution of political authority, which is integral to reconciliation and the full enjoyment of human rights by all members of its population; and encourages the Government of Sri Lanka to ensure that all Provincial Councils, are able to operate effectively, in accordance with the 13th amendment to the Constitution of Sri Lanka;

17. Welcomes the Government’s commitment to issue instructions clearly to all branches of the security forces that violations of international human rights law and international humanitarian law, including those involving torture, rape, and sexual violence, are prohibited and that those responsible will be investigated and punished, and encourages the government to address all reports of sexual and gender-based violence and torture;

18. Requests the Office of the High Commissioner to continue to assess progress on the implementation of OHCHR’s recommendations and other relevant processes related to reconciliation, accountability, and human rights; to present an oral update to the Human Rights Council at its thirty-second session, and a comprehensive report followed by discussion on the implementation of the present resolution at its thirty-fourth session;

19. Encourages the Government of Sri Lanka to continue to cooperate with special procedures mandate holders, including responding formally to outstanding requests;

20. Encourages the Office of the High Commissioner and relevant special procedures mandate holders to provide, in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical assistance on implementing the abovementioned steps.

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Latest comments

  • 6
    8

    To save face Ranil says they have now co-sponsored the resolution. They lost more ground than before. EU countries and Canada put more pressure on US to make the draft even stronger.

    The surprise part is that it was co-sponsored by Montenegro and Macedonia who got independence only a decade a go. I am not sure how this will play out in the long run.

    6 months ago the UNHRC report was delayed. Now it is an unbelievable turnaround. Kudos to all the people who tirelessly worked behind the scene to make this day come true.

    • 9
      9

      Republic of Macedonia’ at the UNHCR. The same Republic of Macedonia we see today on our word news services who are beating and refusing shelter to Syrian Migrants and saying we dont want them here we are a ‘Christian nation’ is sitting Judgement at the UNHCR. and the same UN who voted Saudi Arabia that has executed more people by beheading them similar to Isis and the same saudi Arabia who harshly clams down any protest and executes women and children is today sitting as the head of the UN Human Rights panel. That in itself could be see that the UN is a political motivated, where Money Changes hands for lobbying. And Think of the Flawed nature of the Lankan report what kind of people have paid this unbiased Organisation to fix the UNHCR Report against SL. Just Before the main report was released it had the Recommendation for a Domestic Probe.. This part was Leaked to UK CH4 news and some dubious HR Groups and under pressure that report was changed to Hybrid Court. Shows the Dubious people that was working to compile the report of Sri Lanka what they did not like they released to media to get changed, wonder what else they fixed. Government must argue the Transparency those so called witness that gave evidence must be named along with their location.

      • 0
        1

        Hi Saman people living in glass houses should not throw stones. Recently a Sinhalese, who is a Professor living outside Srilanka in his article described Srilanka as a ‘BANNA state’. To gain dignity we should set an example. Yes we have started by change of government, have voted and chased out the autocrat-dictator and have brought back some ‘semblance of democracy’, Why only a semblance of democracy? The Present President has brought back those who were rejected by the electorates through the national list and have made them ministers. Is this right way? Hope you understand. A clean wipe of the slate is needed, If some things went wrong it should be rectified and learn to accept the wrong doings and punish the perpetrators. Only the others will look up and you can gain dignity and respect. First is to put our house in order before we blame others. We have to get out of our boxes, not being parochial Yeah!

      • 0
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        Another country that does not want kallathonis.

    • 0
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      [Edited out]

  • 10
    17

    There will be foreign judges, lawyers, procecurors and investigators – glimmer of hope for justice at last for those civilians who were ruthlessly massacred in thousands.

    • 6
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      How can this be called a ‘Credible’ Investigation??? Since the Government did a complete 360 turn around and agreed to International participation then the Government should have asked for a complete Transparency of those witness that gave Evidence and their location. Instead those witness have been cleverly hidden by a claus that would not reveal their identity for 20 years. WHY is this now that INT participation is involved??? Normally in a court the Accusers face the so-called perpetrators. Every Sri Lankan has a Right and a steak for justice and to know and see the accusers. This is just a bogus Kangaroo Trial just to Punish a few. We have see some flawed UN reports previously such as the Gold stone report and the rafik hariri report. Political and dubious witness. Lets have a full transparency process not shadows.

  • 17
    7

    The Aryan north Indian government is out to tweak the proceedings of this resolution.

    This may be the last resolution an american woman is going to present.
    We will know her fate with the November Presidential election.
    Most probably the democrats would lose.

    What the new president of USA does is anyone’s guess – lankans are too small and have no solid influence in the US plus with India overshadowing to clear it off the table and being backed by both Russia and China the chances are everything would be another watershed.- sorry sunny time- bad time after stupidly electing MS/RW/CBK- baldies brigade.

    But as usual the Tamils will be in business of bullshit/ nadu as they are aware of the wealth they made before in collecting money for their organisation.

    In the eyes of the North Indian Hindus this country SL does not belong to the present inhabitants but to them and should be administered by them is their strong view and that can never be changed because it goes further to even Buddha stupidity of 2600 years.

    Sinhala, Muslim Tamil- Enjoy the tweak .

    • 2
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      Oh baby you must be really suffering from some incurable disease!

      • 7
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        when the shit hits the ceiling you may look like a whimper puute.
        my3 just said it- ha ha

  • 1
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    Finally a detailed global report on how to fix the Yakkas.Good luck to the UN.

    The Tamils tryied to fix the Yakkas and came up with thier 9n that good number of wducated tamils admired.

    Goog luck to the Yakka nation blessed by the triple gem

  • 6
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    RE: Final Draft Resolution On Sri Lanka – Full Text

    “The main sponsors of the resolution are the former Yugoslav Republic of Macedonia, Montenegro, the United Kingdom, Northern Ireland and the United States of America.”

    United Kingdom and United States have credibility issues, due to their war criminal activities in Iraq and the Middle East. What right do they have in resolutions against Lanka, the Land of Native Veddah Aethho, populated by Paras from Southern India?

    If this resolution was sponsored by India, it has some claim to legitimacy.

    1.) Now what right did the Para-Sinhala have to massacre the Para-Tamils in the Land of Native Veddah Aethho? Because they are Para-Sinhala and follows Sinhala “Buddhism’, that is not Buddhism?

    2.) Now what right did the Para-Tamils have to massacre the Para-Sinhala and Para-Muslims in the Land of Native Veddah Aethho? Because they are Para-Tamils and follows Tamil “Hinduism’, that is Caste-ism , a kind of racism?

    Well, All War Criminals, whatever flavor of Paras they are, or not, must be accountable for their war criminal and criminal activities.

    Would you punish the Paras if they are found guilty?

    Why and why not? Is this another exercise in futility?

    Hanging a few really guilty Paras is needed at this point.

    Nuremberg trials? Colombo trials?

    https://en.wikipedia.org/wiki/Nuremberg_trials

    The Nuremberg trials were a series of military tribunals, held by the Allied forces after World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of Nazi Germany who allegedly planned, carried out, or otherwise participated in The Holocaust and other war crimes. The trials were held in the city of Nuremberg, Germany.

    The first, and best known of these trials, described as “the greatest trial in history” by Norman Birkett, one of the British judges who presided over it,[1] was the trial of the major war criminals before the International Military Tribunal (IMT). Held between 20 November 1945 and 1 October 1946,[2] the Tribunal was given the task of trying 23 of the most important political and military leaders of the Third Reich, though one of the defendants, Martin Bormann, was tried in absentia, while another, Robert Ley, committed suicide within a week of the trial’s commencement. Not included were Adolf Hitler, Heinrich Himmler, and Joseph Goebbels, all of whom had committed suicide in the spring of 1945, well before the indictment was signed.[3]

    The second set of trials of lesser war criminals was conducted under Control Council Law No. 10 at the U.S. Nuremberg Military Tribunals (NMT), which included the Doctors’ Trial and the Judges’ Trial. This article primarily deals with the IMT; see Subsequent Nuremberg Trials for details on those trials.

  • 5
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    RE: Final Draft Resolution On Sri Lanka – Full Text

    “11. Encourages the Government of Sri Lanka to investigate all alleged attacks by individuals and groups on journalists, human rights defenders, members of religious minority groups and other members of civil society, as well as places of worship, and to hold perpetrators of such attacks to account and to take steps to prevent such attacks in the future;”

    So,

    1. MiNi MaRu Gotha cannot use white vans any more?

    2. Sinhala “Buddhist” Monks cannot run amok any more?

    3. The Criminals will be held and taken into account.

    Is this real or just talk. Just UN Talk?

    This is a travesty of Justice of the Politicians, and monks. They all had these rights given to them by Monk Mahanama of Mahawansa in the Island of Dhamma Deepaya, Faith Island.

  • 0
    3

    The final draft resolution, tabled by the co-sponsors, argues that in order to add accountability to the process of investigation, Sri Lanka should,

    a) Uphold the rule of law and build confidence in the justice system.

    b) Establish a Judicial Mechanism with a Special Counsel to investigate violations and abuses of human rights and of humanitarian law.

    c) Establish independent judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defence lawyers, and authorized prosecutors and investigators.

    Will the resolution get the nod … … ?

    • 3
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      Nathan

      “Will the resolution get the nod … … ? “

      What did the Declaration of Independence in 1948, and the Constitutions of 1972 ans 1978 say?

      After All they got the nod.

      There will be a nod, and there will be NO Implementation of the nod.

  • 0
    2

    Well Done!

    This time, Secretary Kerry has managed not to go and tell The Congress “Gentlemen America has been cheated by Sri Lankan Government”. Infact this time he will go to Congress and boast, “Republicans Whom do you think we are, We are Democrats, Unlike you, we have not just stopped the Sri Lankan Government from cheating America, we have made it to comply with us!”

    This time he has done it in the smart way! He did not ask Lankawe government to comply with anything for the injustice the government has been doing from the day Lankawe received freedom from Britain. That is how he has eliminated the necessity for the Lankawe Government to cheat. Infact he has asked government to hang the people who has been held as LTTE’s without inquiry. Government is waiting to comply with Sec. Kerry request by reinstating the death penalty.

    Commonwealth Judges will participate in the investigation. Isn’t Radhika is the one selected by government to write constitution on behalf of Tamil. Then why do one want to complain if the Commonwealth investigate the genocide?This is the organization selected Old King as their President and had their CHOGM meeting in Lankawe after he was accused in the UNHRC as a war criminal. That was even worse than the UNHRC’s 2009 prising resolution of Old King.The only person cared about Tamil in that notorious situation was PM David Cameron. Unlike Sec. Kerry who went to Colombo and bragged that whatever happened, the rebel has been wiped out, but Camaron went to refugees camp in Jaffna. Even before the 2014’s resolution, the commonwealth Secretary Kamesh Sharma, the twin brother of Vijay Nambiar and his counterpart in Commonwealth, to save Old King from war crime, wanted to help Old King on the legal matters.

    Long Live Sec. Kerry!

  • 7
    3

    The entire world is a stage. These are the Theatrics performed by those in power to mislead the gullible in society. Gullibility has no bearing whether one is from the Developed world or from the under developed world as almost all are gullible. Human Rights are flagrantly violated by those who very vociferously try to protect them. The UN is the biggest tool in their hands to mislead everyone and all who are involved are bloody Hypocrites. When will this Drama end?

    • 6
      1

      “When will this Drama end? “

      From the dawn of new world the war is within the Europeans and after WW2 its been the beggar who lied to the American people- Stalin’s Russia and the Multicultural America.Beggar Mao’s China the other cheater of American funds is yet to mature but they are not as thuggish as the Europeans.
      Once that score is settled the world would be more like a federal state which the EU is heading.

      Go sit the whole day like a fool and leave the rest to the heavens.

  • 4
    3

    There is no counter actions in these HR resolutions, what will be the punishment if SL is not implementing the resolution.?

  • 2
    2

    The final draft resolution is a victory for Sri Lanka. Sri Lanka has managed to avoid the use of all mandatory language such as “urges”, “calls upon” and “reiterates” in the proposed resolution.

    The final draft resolution uses mild non-mandatory language such as “welcomes” and “encourages”.

    The original draft resolution contained the following paragraphs which were more mandatory in nature:

    17. Calls upon the new Government of Sri Lanka to reform its domestic law to ensure that it can effectively implement its own commitments, the recommendations made in the report of the Lessons Learnt and Reconciliation Commission, as well as the recommendations of the report by the Office of the High Commissioner for Human Rights requested in resolution 25/1, including the investigation and prosecution of those most responsible for the full range of relevant crimes involving violations and abuses of human rights and violations of international humanitarian law;

    This has now been changed to:

    6. Welcomes the government’s recognition that accountability is essential to uphold the rule of law and build confidence in the people of all communities of Sri Lanka in the justice system, takes note with appreciation of the Government of Sri Lanka’s proposal to establish a Judicial Mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; and affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for integrity and impartiality; and further affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defence lawyers, and authorized prosecutors and investigators;
    and

    7. Encourages the Government of Sri Lanka to reform its domestic law to ensure that it can effectively implement its own commitments, the recommendations made in the report of the Lessons Learnt and Reconciliation Commission, as well as the recommendations of the report by the Office of the High Commissioner for Human Rights requested in resolution 25/1, including by allowing for, in a manner consistent with its international obligations, the trial and punishment of those most responsible for the full range of crimes under the general principles of law recognized by the community of nations relevant to violations and abuses of human rights and violations of international humanitarian law, including during the period covered by the LLRC;

    The previous draft resolution on extrajudicial killings and enforced disappearances was more mandatory:

    15. Urges the Government of Sri Lanka to credibly investigate widespread allegations of extrajudicial killings and enforced disappearances, demilitarize the north and east of Sri Lanka, implement impartial land dispute resolution mechanisms, re-evaluate detention policies, strengthen formerly independent civil institutions, reach a political settlement on the devolution of power to the provinces, promote and protect the right of freedom of expression for all persons and enact rule of law reforms, (HRC 25/1)

    But this has been altogether dropped. The final draft resolution makes no mention of extrajudicial killings and enforced disappearances.

    Similarly the original draft resolution referring to attacks on religious groups and minorities was in a more forceful language.

    12. Urges the Government of Sri Lanka to investigate all alleged attacks by individuals and groups on journalists, human rights defenders, members of religious minority groups and other members of civil society, as well as on temples, mosques and churches, and to hold perpetrators of such attacks to account and to take steps to prevent such attacks in the future; (HRC 25/1)

    This has now been changed to a more mild language:

    11. Encourages the Government of Sri Lanka to investigate all alleged attacks by individuals and groups on journalists, human rights defenders, members of religious minority groups and other members of civil society, as well as places of worship, and to hold perpetrators of such attacks to account and to take steps to prevent such attacks in the future;

    In my view, the OISL Report’s recommendation requesting the Sri Lankan Government to ratify the Rome Statute on War Crimes was the among the most important recommendations made in that report. The ratification of the Rome Statute and the enactment of necessary local legislation in Sri Lanka would ensure punishment for all war crimes and crime against humanity in the future and avoid recurrence of the events of May 2009.

    Both the original draft resolution and final draft resolution does not include this recommendation. Obviously, the United States, being the co-sponsor of the resolution and which itself has refused to ratify the Rome Statute, would not recommend the ratification of the Rome Statute by another country.

    The reality is that the world human rights mechanism and UN system itself lack the deterrence power to deal with human rights and humanitarian law violations committed in the world. In the past these mechanisms had only been used against persons in powerless and failed African states or in disintegrating states in Eastern Europe and that too with the concurrence of super powers like the United States. In the case of Sri Lanka, it now has the backing of the super powers United States, Russia and China and Sri Lanka will certainly survive all attempts to haul its government and military leaders accused of war crimes and crimes against humanity however overwhelming the evidence may be. That is the unpalatable truth for the Sri Lankan Tamils and the Tamil Diaspora who clamour for justice.

  • 6
    17

    ‘International judges’ reference replaced with ‘foreign and C’wealth judges and lawyers’

    Meaning of ‘international’: Global, worldwide, intercontinental, universal, transnational,foreign

    Meaning of ‘foreign’: Distant, far-off, external, overseas, international, extraneous, alien, imported, remote, extraterritorial, transcontinental

    Replacing and substituting words has not mitigated the intent of the UNHRC resolution. These are for local consumption.

    International inquiry is foregone. It is modelled to suit Sri Lanka. Change of wording is accommodated to fine comb the southern extremists.

    • 13
      5

      Bandas stupidity of attempting the `define words of the american’s and Europeans thinking that they think the same as Yakkos of dammed devils island.
      Europeans have a higher IQ so are rich and the economy of Lanka China and India are all dependent on the rich west.

      Even Shakespeare never found it necessary to define anything.

      English-
      Why is it that doctors call what they do ‘practice’?
      Why is the man who invests all your money called a broker?
      Why is ‘abbreviated’ such a long word?

      ……..If con is the opposite of pro, is Congress the opposite of progress?
      That exactly is Obama’s problem in his final year.- nothing gets passed and the same goes with Modi.

  • 12
    5

    TNA and M.A Sumanthiran must ensure best outcome for Tamils – For informed participation as the official opposition,TNA must seek expert legal advice to be able to contribute substantively in the reform of the domestic law and in the implementation of para 6 and 7 of the HRC Resolution (now awaiting passage) TNA must seek Expert Advice/Competent Lawyers on Para 6&7 – “.. Para 7: Encourages the Government of Sri Lanka to reform its domestic law to ensure that it can effectively…implement in a manner consistent with its international obligations, the trial and punishment of those most responsible for the full range of crimes under the general principles of law recognized by the community of nations relevant to violations and abuses of human rights and violations of international humanitarian law…” The full range of crimes should be drafted to allow for a finding of Genocide!

    • 10
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      Usha,

      “The full range of crimes should be drafted to allow for a finding of Genocide!”

      if the Americans were ever going to call it genocide then HoS Passa case would not have been stopped at Dist Court of Columbia by Obama and State deptt (it was a precedence case where judiciary was asked to keep off.)

      If flying is so safe, why do they call the airport the terminal?

      Because when the FBI wants to investigate a world leader like Blatter they can make him freeze even at Swiss.

      Whatever you get from them take it with a smile because India has confirmed to tweaking the resolution- you cannot fight them but have to find ways of woeing them – passion always rules not logic.

    • 3
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      Usha

      TNA is the official opposition in the Sri Lankan Parliament and as such they are answerable to the citizens of Sri Lanka, especially to those who voted for them. They will be violating the Sri Lankan constitution if they try to carry out the hostile agenda of a powerful foreign government like yours, the TGTE. Don’t you know, as a government if you want to mess with other countries you cannot do it openly in today’s world; that you have to do it in a clandestine, cloak-and-dagger manner or you risk censure by the IC and sanctions by the UN. Did your government, the TGTE, make an official decision to engage in this sort of foreign intervention or are you acting on your own?

      C’mon Usha Nona, stop being a joke.

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      I suppose congratulations are due on your success in Ecuador. Was it an exclusive TGTE effort or was Mangala Samaraweera a co-sponsor.

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