30 September, 2020

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Internationalised Mechanism Is The Only Way Forward In Sri Lanka

By Kumarathasan Rasingam – 

Kumarathasan Rasingam

Sri Lanka’s unilateral withdrawal from Resolution 30/1 is a clear rejection of human rights and accountability and displays total disregard for UN, UNHRC, UNHRC Core Group, UN Member States and the International Community.

UN High Commissioner said: “I move to our update on Sri Lanka,HRC/43/19, assessing the progress made in implementing Human Rights Council resolution 30/1. I regret that the new Government has announced a very different approach to the commitments previously made in the resolution which risks setting back efforts to advance reconciliation, accountability and human rights.

  “The fundamental problem remains that Sri Lanka has still not addressed impunity for past violations, nor undertaken the security sector reforms needed to address their drivers and enablers.  Systemic barriers that continue to exist within the criminal justice system remain an impediment to real justice. Domestic processes have consistently failed to deliver accountability in the past and I am not convinced the appointment of yet another Commission of Inquiry will advance this agenda. As a result, victims remain denied justice and Sri Lankans from all communities have no guarantee that past patterns of human rights violations will not recur. “I urge the Council to remain alert to this situation in terms of prevention and to explore all possible avenues for advancing accountability.”  

International involvement is crucial for any accountability process in Sri Lanka to have credibility and obtain a measure of justice for the victims. But under the current administration, victims have no realistic options beyond the Human Rights Council. Instead of placing faith in empty government promises, the Core Group should be leading the call for the council to create an international justice mechanism. 

Statement by former UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein via video link to the Human Rights Council on 30 September 2015;

“State’s security sector and justice system have been distorted and corrupted by decades of impunity. The independence and integrity of key institutions such as the Attorney General’s Office and the Human Rights Commission remain compromised. The security forces, police and intelligence services have enjoyed near total impunity and have not undergone any significant reform since the armed conflict. A full-fledged vetting process should be designed to remove from office security forces personnel and public officials suspected of involvement in human rights violations.”. 

It is very important to note that the Core Group should take the following stand to find justice to the oppressed Tamil victims of war in Sri Lanka

[ A ] Create an international accountability mechanism as a matter of urgency. 

[ b} There is no prospect that yet another domestic commission will advance justice for the tens of thousands summarily executed, tortured or forcibly disappeared.,

Given the UN’s self-identified “systemic failure” to protect the Tamil people, it is necessary for the international community to ensure justice is served. Sri Lanka is clearly unwilling to investigate and prosecute atrocity crimes against the Tamil people. The UN Security Council should take decisive action and refer the situation in Sri Lanka, as it did for Darfur and Libya, to the International Criminal Court or establish an ad hoc international criminal tribunal to focus specifically on atrocity crimes on the island. 

“The establishment of the Office of Missing Persons in the face of the declaration by former Prime Minister Wickremesinghe that most of the disappeared are dead is an illustration how the Sri Lankan state used transitional justice to deceive the UNHRC and the greater international community

Sri Lanka: Families of ‘Disappeared’ Threatened: Rajapaksa Government Should Uphold Commitments to UN Rights Council;

“The families of Sri Lanka’s ‘disappeared’ have spent years waiting for answers, but with the Rajapaksas back in power, security forces are threatening them to drop their demands for truth and accountability,” said Meenakshi Ganguly, South Asia director. “The government needs to stop the harassment immediately and abide by Sri Lanka’s pledges to the UN to uncover the fate of the ‘disappeared’ and provide justice to victims’ families.” 

“Family members of Sri Lanka’s many ‘disappeared’ have a right to know what happened to their loved ones,” Ganguly said. “The UN Human Rights Council is the one flicker of hope many families have that the fate of those disappeared will one day be known, and that justice will be done.” 

Joint Oral Statement: 43rd session of the Human Rights Council Item 2: General Debate on reports and oral updates of the High Commissioner and the Secretary-General
We urge this Council to hold Sri Lanka accountable to its obligations under international law. Given this week’s announcement that the new Government will not continue to engage with the clear framework agreed through resolution 30/1; the failure of past domestic reconciliation and accountability mechanisms; and the ongoing compromise of the rule of law as pointed out by the High Commissioner yesterday, we call on the Council to establish an international accountability mechanism on Sri Lanka.

ICJ calls for purely international accountability process as only remaining option on Sri Lanka

“If the Government seeks now to abandon even that compromise, purely international processes, whether before the ICC or through creation of another international accountability mechanism by the Council, and the exercise of universal jurisdiction by other States, are the only remaining options for securing the justice required by international law and indispensable to any credible reconciliation process for Sri Lanka.”  

Thierry Mathou, director of Asia and Oceania for the French Foreign Ministry, speaks to reporters in Colombo.

France Thursday asked Sri Lanka to end impunity and ensure ethnic reconciliation a day after Colombo withdrew from a United Nations resolution investigating alleged atrocities during its decades-long separatist war.
A top French diplomat said Colombo could not wish away the 2015 Human Rights Council resolution which the previous Sri Lankan administration co-sponsored with the unanimous support of UN’s rights body.
“Sri Lanka’s decision to withdraw from the co-sponsorship of the resolution does not mean that the resolution has disappeared. The resolution is still on the table.
“It is legally binding. The objective is still there. Reconciliation has to be a key priority,” Thierry Mathou, director of Asia and Oceania for the French Foreign Ministry told reporters in Colombo after talks with local leaders.
At least 100,000 people were killed in Sri Lanka’s drawn out Tamil separatist war which ended in May 2009.
“We have heard and read that economic development will lead to reconciliation (in Sri Lanka). I tend to say that in order to reach economic development, you have to get reconciliation. So, the fight against impunity is obviously an important objective.” 

Tamil families of disappeared call for UN action on Sri Lanka

Tamil families of the disappeared continued their protests in Mannar last week, with a rally calling on the United Nations to ensure justice was delivered and the fate of their loved ones is determined. 

‘Core Group should lead call for international justice mechanism for Sri Lanka’ – John Fisher

The Geneva Director of Human Rights Watch urged on the Core Group of countries at the United Nations Human Rights Council to lead the call for an international justice mechanism on Sri Lanka “instead of placing faith in empty government promises”.

In a post published this morning, John Fisher said that “it was particularly disappointing that the UN Core Group on Sri Lanka – including the United Kingdom, Canada, Germany, North Macedonia, and Montenegro – did not stand by the numerous victims of abuses by calling for renewed Human Rights Council action”.

“In its statement, the Core Group merely “encourage[d] the government of Sri Lanka to continue cooperation and dialogue” – a naïve appeal in the face of the Sri Lankan government’s explicit repudiation of its commitments,” he added.

Fisher went on to state that Sri Lanka’s president Gotabaya Rajapaksa “has repeatedly made clear his government was not going to punish members of the security forces accused of war crimes, and has already stalled pending investigations”.

“International involvement is crucial for any accountability process in Sri Lanka to have credibility and obtain a measure of justice for the victims,” he said. “But under the current administration, victims have no realistic options beyond the Human Rights Council. Instead of placing faith in empty government promises, the Core Group should be leading the call for the council to create an international justice mechanism.”

The government has indicated that it is not going to do anything that is not acceptable to the Sinhalese people 

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Latest comments

  • 7
    13

    Tamils are considered as terrorists by the International Community because of the terrorist campaign launched by megalomaniac Piripakaran to slaughter Native Sinhalayo in Sinhale. Liberation Tigers of Tamil Eelam (LTTE) was considered as the ‘Deadliest Terrorist Organization’ by CIA. What Piripakaran did tarnished the image of Tamils in Tamil Nadu as well because to the International Community both Tamil Nadu Tamils and Demala Tamils are same.
    —-
    As terrorists, Tamils hold the second place after Muslims.

    • 9
      5

      EE
      International community considers Srilanka as a failed state with proven war crimes and human rights violation and genocide. The ban on the military commander by USA itself proves it. The UNHRC Resolution against Srilanka proves this country as a terrorist nation. The international community sponsored a peace accord between Srilanka and LTTE considering equal status.

    • 5
      2

      Blind eye
      International community is asking what kind of Buddhism is practised by sinhalese.

      • 0
        2

        Anpu,
        Tell them that Sinhalayo practice Gauthama Buddha’s Buddhism.
        Because Sinhalayo practice Buddhism, they felt sorry for the slaves brought from Dravida Nadu and gave them citizenship in Sinhale. Sinhala Buddhists also felt sorry for Muslims who faced slaughter by Parangi butchers and gave them refuge as well as citizenship in Sinhale. Although Sinhala Buddhists showed compassion to these ‘Para’ people, they turned against Sinhalayo and butchered them.

    • 4
      0

      Stupid Mahindapala, it is LTTE that was designated terrorist and not Tamils. Similarly it is the Sri Lankan armed forces and their political heads who have been designated as war criminals and not Sinhalese. For your information CIA funded LTTE to get rid of IPKF from Sri Lanka, and dropped them like a brick after IPKF left. This is the reason why USA sent a ship to evacuate LTTE leaders to pay back their debt. The worst terrorists in Sri Lanka are not Tamils or Muslims but the Sinhala agents of the state.

    • 0
      1

      EE, Say no more… Thank You….

  • 5
    13

    Kumarathasan Rasingam,
    “International involvement is crucial for any accountability process in Sri Lanka to have credibility and obtain a measure of justice for the victims,” he said.

    In order to take action with international involvement, first thing to do is to identify who are the real victims of the terrorist campaign launched by descendants of Dravida slaves brought from Dravida Nadu by colonial parasites. Their target was Sri Lankan Armed Forces and Native Sinhalayo. They launched the terrorist campaign by killing 13 soldiers and went on slaughtering Native Sinhalayo for three decades. If UNHRC is willing to accept Native Sinhalayo as the victims and the perpetrators are ‘Para’ Demalu, international involvement is welcomed.
    What is happening right now is ‘Perpetrators’ have turned out to be the ‘Victims’ and ‘Victims’ are treated as ‘Perpetrators’. What a wonderful world!!!

    • 6
      2

      I did not know that.13 soldiers were.killed before 1956 when Tamils were burnt alive in Gal oya.sugar cane.plantations while police kept quiet. In 1958 when Tamils were killed and beaten up in south and.police watched joyfully. In 1977, 1958 repeated
      Thanks for updating me on the real situation. I do not know how to correct Tarzi Vitachi emergency 58 in which he has mis represented completely tarnishing noble sinhala Buddhist and monks
      We should do something as patriotic Sri Lankans

    • 10
      0

      Eagle!
      If you have nothing to hide why are you afraid of an International Investigation. If you have a good brain you might remember that Winston Churchill once walked into his sitting-room naked, wiping his head after a bath, where the American president was seated and said that the Prime minister of England has nothing to hide fro the President of America. This was said during the second world war I believe?

      • 1
        3

        K.Anaga,
        Winston Churchill who gave the leadership to Allied Forces to eliminate Nazis was not branded as a war criminal although Allied Forces bombed Germany indiscriminately. At Nuremburg trials Nazi leaders were tried and hanged but Allied Forces were not charged for war crimes. Furthermore, Germany was asked to pay war reparations.
        The irony in case of Sri Lanka is ‘Para’ Demalu who slaughtered Native Sinhalayo for three decades are now pretending as ‘VICTIMS’ and even get compensation while Native Sinhalayo who are the ‘REAL VICTIMS’ are treated as villains and the Sri Lankan Armed Forces that eliminated ‘Para’ Demala terrorists are branded as war criminals.

  • 2
    2

    The problem is, even the UN; UNHRC and all those affiliated agencies have lost their “CREDIBILITY”. Can or could any or multitude of affiliated agencies have FAILED to stand up against the two biggest “BULLIES” , USA and Israel . Both these countries simply walked away from the UBHRC unilaterally and in doing so did they have any consideration for what the other countries think or do? What did the UN or UNHRC did?NOTHING. Or can they do anything to them? NOTHING. But they are very quick to show their MIGHT on the lesser fortunate . The nett result is those “Lesser Fortunates” are also disregarding and tend to go as the “Please”.

  • 3
    8

    honestly all tamils know who they are bastards illegal immigrants to sri lannka those of bandits present in anuradhapura period during 3rd century B.C. were CHOLAS read history of South India by J.A. Neelakhanta Shaasthree can any tamil in SL trace family tree beyond 1506 or arrival of BRITISH

    • 1
      0

      Can any Sinhalese too, Especially the recently Sinhalised 50% who are descended from slave South Indian imports , that arrived during the Portuguese and Dutch era. Even most of the so called Sinhalese upper castes are descended from recent South Indian immigrants. DNA has proved the Sri Lankan Tamils and the Sinhalese are one and the same people . The Kandyan Sinhalese are the closest relatives to the Sri Lankan Tamils , as many of the present so called low country Sinhalese are descended from, recent South Indian imports.

  • 2
    6

    remind the UNHCR Commissioner what Uncle Sam the epitome of democracy said prior to withdrawing….. “It is a Cess Pool”
    In this Cess Pool swims the Poodle of Uncle Sam the British. Still hallucinating about the glory days of the Empire to bring in 40/1……………. Our obedient servants Co-sponsor it sans any Cabinet nor Parliamentary approval. We were such whims…………….

    Now comes the next Thunderbolt……………. What Uncle Sam says about the ICC……A politically biased Organisation……… Not only they are no signatory to it, they are even willing to save their Poodles too.
    What a warning >>>>>>>>>>>Self appointed policeman of the world armed to the teeth with Nuclear weapons bullying every Country, Butttt just about to KNEEL BEFORE COVID – 19
    What a state of affairs.

  • 5
    0

    Sri Lanka Tamils ruled Sri Lanka in the past.
    https://en.wikipedia.org/wiki/Sri_Lankan_Tamils

    • 1
      3

      Justice,
      True. ‘Para’ Demala invaders from Dravida Nadu invaded Sinhale 52 times starting from 3rd century BC, massacred Native Sinhalayo in ancient Sinhala Kingdoms Anuradhapura and Polonnaruwa and ruled for short periods. Those War Lords were chased away by Sinhala Kings but some Dravidians were allowed to stay in Sinhale. That does not give ‘Para’ Demalu the right to claim a ‘Traditional Homeland’ in Sinhale. 98% of Demalu who live in Sinhale are the descendants of slaves from Dravida Nadu who were given citizenship by Native Sinhalayo.

  • 0
    9

    International mechanism? For what? For whom? Sri Lankans cannot care less!

  • 4
    0

    I think what the writer has mentioned is absolutely correct. It is through the international mechanism Sri Lankan ruling political leaders can be taught a good lesson. Otherwise the country will be ruined.

  • 0
    1

    “Internationalised Mechanism Is The Only Way Forward In Sri Lanka”.
    /
    Really? Do I hear a Tiger groaning from the grave?
    /
    Go jump in the lane, man, without writing self-interested filth.

  • 0
    1

    It is only Mr Kumarathasan….
    I thought Ms Bachellete wanted the Foreign Judges in CMB , and our War Heroes in Geneva..

    Our Nanade wouldn’t do it even, Ms Bachellette asked Prez Nandasena.
    Because those 7 Million voting age Inhabitants will not allow it.

    Does Mr Kumarathasan know that Dr Ranil and his UNP Cabinet are not there anymore .
    And even the Srilnakan CID can’t find some of them..

    BTW does Mr Kumrathesan live in London or New Jersy .
    Just to work out whether Mr Kumratahasan is backing the Vellala Faction in Colombo or the Vellala Faction in Jaffna for the Election which is coming up after Easter, allowing our Cardinal to conduct the Sunday Mass in the restored Kochchikade Church.

  • 0
    0

    Like sri lanka is smart intelligent the world is also smart intelligent just speaking in UNHRC does not cure the headached , If you have headache take one panadol head aches goes off but when the speeches are done it is like diging an old wound no cure. On the speech given in front off the world powers for withdrawing certian clause itsself profes somthing is hidden there was no aggresive anouncement for reconcilation of grievances.commitment to strengthening its activities to ensure that there is no discrimination was lacking and the immpression was Sri Lanka fall short of these commitments

  • 0
    0

    The international mechanism to open on a new mechanism a level is to founded to a defense deal for the country not to be felt the need to guard each other’s through foreign encroachments or totalize to dictate, a first step needed is to avoid continues and unwine friction presently

  • 3
    0

    Kumarathason

    Internationalised Mechanism Is The Only Way Forward In Sri Lanka

    *** NO Gotha lovers which includes prominet Judges and GOSL dont agree with you. Their argument at the UN was that Sinhala Lanka has Judges who are of high calibre such as the ones who decided on Gothas Citizenship issue will hear the charges of Genocide and deliver justice to Gotha Shavendra and the murderous soldiers. American State Department must pass judgment once an for all and relieve Gothaof his agony so that he can Flee to the land of Corona Virus.

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