23 May, 2019

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Sri Lanka Largely Failed To Implement Its Human Rights Obligations: International Jurists Tells UNHRC

The International Commission of Jurists (ICJ) has submitted a written statement on Sri Lanka to the Human Rights Council ahead of its 40th Session in Geneva.

Almost ten years after Sri Lanka emerged from a period of conflict and massive human rights violations, the Government of Sri Lanka still has largely failed to implement its human rights obligations and commitments as reflected in Resolution 30/1.

The ICJ statement focuses on two of four transitional justice mechanisms which the Government committed to establish under the Resolution: (a) the judicial mechanism with special counsel to investigate violations of human rights and international humanitarian law; and (b) the office of missing persons. It highlights how female victims of war are uniquely impacted by the Government’s failure to implement the commitments made before the UNHRC and underscores the importance of holistically including women when such measures are implemented.

Recommendations:

The ICJ considers that the gravity and character of the crimes under international law committed in Sri Lanka, and the failure of the Government of Sri Lanka to meet its obligations and commitments to ensure justice for such crimes including as provided for in resolution 30/1, means that referral to the International Criminal Court or the creation of another international mechanism to facilitate criminal accountability would be fully warranted. If however the Council does not choose to pursue these options at this stage, the ICJ urges the Council at minimum to:

  • Continue the monitoring of Sri Lanka through the adoption of a new resolution to ensure that the Government complies with all its obligations and commitments as reflected in resolution 30/1.
  • Provide for OHCHR to develop, with the Sri Lankan Government, an implementation strategy with definitive timelines to ensure that the time afforded under the new resolution is utilised to expedite the implementation of measures assured under Resolution 30/1.
  • Encourage Member States to exercise universal jurisdiction in order to bring perpetrators to justice.

The ICJ urges the Government of Sri Lanka to:

  • Take immediate measures to establish the judicial mechanism with international involvement as contemplated under operative paragraph 6 of Resolution 30/1. The mechanism should ensure gender parity, be accessible for women in civil society, and allow female victims to fully participate in the process.
  • Spread awareness regarding the importance of certificates of absence and confirm to the community that issuance of a certificate will not result in the end of efforts to find the person.
  • Ensure an overall gender strategy is integrated in all other transitional justice mechanisms that are yet to be established so that structural injustices against women, especially in terms of discrimination and lack of participation, are addressed.

To read the full text of submission click here

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Latest comments

  • 17
    1

    International Jurists,

    To begin with, Sri Lanka had no intention of complying with resolution 30/1, with though it had no way out at that time, and that was the best it could do to buy time.

    There is a culture in Sri Lanka, for such activities, where they appoint comissions, Presidential commissions etc. as delaying tactics.

    The president here carried out an illegal and unconstitutional coup, and the parliament is yet to impeach the President, and Justice is yet to prosecute the president.

    There is no intention on the part of the current president to cooperate to apprehend and punish war criminal and criminals. They are at large.

    So, do what you have to do, if you have the guts to do it.

    Otherwise, you can wait 60 years talking, and all the criminals and remaining victims will die of old age.

    • 13
      3

      The UK-US Human Rights endgame in Sri Lanka is setting up a military base free of charge in Trincomalee and Geneva UNHRC is a distraction and huge WASTE of TIME.
      This is why US citizen Gotaabaya who has command responsibility for war crimes and such be tried in USA is scot free!
      Meanwhile US-UK continues to violate the Human Rights of Chagos Island people who were forcibly evicted from their island homes in the Indian Ocean to build the infamous US militaty based Diego Garcia against which ICJ the UN highest court has ruled. Sri Lanka, India, and Indian Ocean countries should take UK and US to UNCHR for Human Rights violations in Indian Ocean Chagos Islands
      Long live Miracle of Modays

      • 8
        3

        Right on Don! UNHRC is a diversion from the real issue of land grab and ocean grab by USA to set up military bases in Sri Lanka.

        Wonder what this ICJ has to say about the UN’s highest Court the International Court of Justice Ruling on Chagos Islands that came out in February?!

        • 3
          0

          Sri Lanka is never going to respect anything. The system is given a freehand to do what it likes. The GOVIGAMA Ruling Elite Mafia is one of the powerful set of criminals who can even fool the entire UN every year with fake pledges and then the SL Govt is given more time to adjust to its commitments thereby denying the Victims its rights over the crminals.

          Still Sri Lanka is one of the prime violators who have been in the ISLAMOPHOBIA Industry planning and executing the operations against the Muslims in a witch hunt that never ends.

          SIRISENA is a massive criminal like the Rajapakses, and he is pivotal in playing the deception game that brought Mahinda (the super criminal) back to the fore securing him the opposition leader position. Next will be the PM position and then the Presidency.

          As long as he works for the Israel, he will be saved in the political arena as he will be used against the Muslims and a bulwalk against the Pakistan.

    • 3
      9

      How about Tamil war criminals? No investigations on them?

      • 9
        3

        Tamil war criminals have either been killed in combat or summarily executed after surrendering. You must be aware that there is no case once a perpetrator of a crime is dead. Why has the government not investigated people like Karuna and KP who are their darlings. War crimes refer to those committed using methods which are banned during a war directly or by giving orders. In contrast to Tamils, none of the Sinhalese or Muslims who committed crime have been brought to justice, despite there being sufficient evidence to indict them. Also several Tamils are languishing in prison for more than ten years without being brought to trial for minor crimes or in some cases on trumped up charges. With the long history of impunity granted to Sinhalese who have committed crimes on Tamils, there will not be any Sinhalese brought to trial, leave alone being punished. All this talk of having internal panel is going nowhere without an international inquiry into these war crimes.

        • 2
          12

          GS, the Tamil war criminals are scattered across the West. They are the people who funded the killing of thousands of innocents. One such is our resident moron, Native VD.

          • 6
            1

            Taraki

            “One such is our resident moron, Native VD.”

            You should have taken up carrier as a police constable. Your life would be much easier. No need to make any effort, just arrest anyone, fabricate evidence, charge him or her, sent him or her to prison, …. if lucky squeeze some santhosam out of the poor soul, ……. everything would be hunky dory.

          • 6
            0

            Please do not come out with crap to display your stupidity due to bigoted mind. War criminals are those who committed crimes during a war and those who gave orders to commit it. Tamils who did not partake in the war but gave support to it are not war criminals. Also the entire LTTE are not war criminals. Similarly only those members of the armed forces who committed crimes and those in command responsibility are culpable. Not the entire armed forces or the Sinhala population who supported the armed forces in the war. Funding LTTE is not a war crime, but an ordinary crime in countries which have banned LTTE. In which case all those who gave for the defence fund are war criminals. Do not try to cover up the crimes committed by armed forces on non combatant Tamils, and face a fair inquiry by international panel to weed out the culprits.

      • 8
        2

        NZ

        “How about Tamil war criminals? No investigations on them?”

        What about them?
        Why hasn’t the state investigate Karuna Amman, KP the Mule, Pillyan, ……………………….. and charged them for numerous murders, money laundering, gun running, dealing with terrorists, rigging the elections, …………….?

        Do you think your is a brilliant intervention?

        • 5
          2

          Native Vedda
          Didn’t you know that those who utter these absolute idiocies are sufficiently delusional to think themselves brilliant?

      • 0
        7

        NZ Tamil war criminals don’t have Trinco.

      • 8
        0

        NZ, you are either completely bling or stupid or both…………ex-LTTE members including the meanest killer of all LTTErs Karuna, main LTTE arms dealer KP Pathmanathan, most important LTTE advisor Daya master and the LTTE side kicks all work for Rajapaksa and roaming the streets of Colombo quite freely with STF protection. Why don’t you start with these murderers first and then you can move to lower level fighters of the LTTE. Also that Douglas Devananda thug is also there, so catch him as well because he also has lot innocent blood in his hands. Oh by the way, 85,000 rural Sinhala youths were slaughtered and their killers are running around………..catch them as well. Otherwise stop crying.

    • 5
      2

      Amarasiri, there are all signs of Sri Lanka getting another reprieve. US/West/India do not want to rock this government. Time will be given to overlap the two elections so that any adverse measures on the present government will prevent them getting reelected. As usual government delegation will come out with lies to cover up non implementation of the agreed matters. What has been done by present government is just an eye wash to hoodwink international community. Lands were released, but more lands are still being occupied by armed forces. When on one hand they release lands but on the other appropriate other lands under bogus claim of forest & wildlife reserves, archaeological sites and environmental protection. It took three years to establish an office of missing persons, which after an initial flurry has gone to sleep. So far none of the disappeared have been found, nor told where their dead bodies are located to exhume them and give a decent burial. Only thing that office has offered is to pay them compensation and cover up the matter altogether. (continued)

    • 4
      1

      (Continued) regarding prisoners in custody, there is hardly any progress. All of them are being held without being brought to trial for ten years and some nearly twenty years. Even if we say that previous government did nothing for five years, this government which promised to take action is deliberately delaying. Most of them had committed minor crimes and some were arrested on trumped up charges. Is there any sincerity on the part of the attorney generals department to say that they do not have time to bring them to courts for last four years. It is a planned strategy to tell Tamils that they will be released only if Tamils agree to drop war crimes charges on Sinhala armed forces. Regarding war crimes inquiry itself, it will never see the light of the day, because except a handful of Sinhalese, the rest do not want it. To hood wink international community, sham trials will be conducted, finding few scapegoats who do not have influence, who will be sacrificed. This is the sad picture which can only be reversed with international intervention. If there is any genuine interest in Sinhalese in meting justice and exposing truth, they must agree for this.

    • 3
      0

      Amarasiri, You say that Sri Lanka had no intention of complying with resolution 30/1. I cannot help but ask: Did UN have the intention of getting SL to comply with it.

      • 0
        0

        Thappu,

        That is a question for the UN HRC. Did the UN have any intention of following through the many UN resolutions on Palestine, Israel, Kashmir etc.? They did in some cases to a limited extent in Bosnia and Kosovo.However, many wat crimes were not punished. Even after WW 2, the West punished only less tha 50 Nazis. Those who were really punished were those who fell into the Soviet hands.

        Were the LTTE war criminals punished?

        UN with Sri Lanka, they will probably mark time, but keep Sri Lanka under the UN microscope so that Sri Lanka will not commit any more crimes.

    • 3
      0

      Amarasiri:
      You appear to have summed up the Sri Lankan situation most adroitly.
      Thank you

    • 1
      0

      Amarasiri

      Thank you for your comment.
      Keep up your good work.

      How do you propose to convince the other lot, somass, Traki, Lal Loo, …………. and their fellow racists?

  • 6
    13

    Eradicating LTTE terrorism and giving opportunity to people of all communities (Demala, Muslim, Malay, Sinhala, Vedda Eththo) to live in peace is the greatest human rights achievement of Sri Lanka. Instead of appreciating that these fking BPs want to pick on Sri Lanka. Please leave us alone and go after those White Supremacists who keep on violating human rights all over the world.

    • 10
      2

      Eagle Blind Eye Birds Brain

      Please give us a break from your humanitarian gestures, achievements, …………

      The Hora in Chief Mahinda promised to give my Elders or return the land (habitat) the state stole from my people under Mahaweli Land Grabbing scheme. This was before 20010. It’s almost ten years and my elders are still awaiting to receive the stolen property.

      First go around the country, and see for yourself, then talk about peace, human rights, …………… Take your fellow racists Taraki, somass, ……. with you.

      • 3
        5

        Hey Native VD, you are a racist, not me.

        • 5
          1

          Taraki

          I never slept with you nor do I intend to, why are you addressing me Native VD as if I am infected with venereal diseases?

  • 8
    0

    The aging Holy Cows in the pasture land of United Nations are void of common sense and simple logic. They are prone and susceptible to opportunistic and crooked politicians as easy prey. Ten long years have passed but the story remains as of day one. The Human Rights Commissioners do come and go but their stage antics are exactly the same. It is we the dumb people of the world are fooled by them in perpetuity. There was some effervescence with the former chief His Highness Prince Said. Even that is not felt these days.

  • 5
    0

    There is no purpose in hurling allegations of past events under our Colonial Masters and preaching transparency while adopting postures of puerile defiance. Once something is formally proposed or accepted by official signature, this signifies assent.. In International conclaves, sarong-lifting beligerrance is not acceptable and does not amount to sensible diplomacy. It has to be admitted that our supporting the US authored Resolution was insane. If only our participating “Jokers” at talks had read the numerous writings of persons like the late S.L .Gunasekera, our case may have convinced sufficient numbers of delegates to support Sri Lanka and led to a much more favourable outcome .If only such defence, if also accompanied by the simple query “what would you have done if faced with a similar confrontation?” We have acted like pathetic apologists. Our delegates were simply there for the “Ride” and perhaps to explore possibilities of stashing loot in numbered Swiss Bank accounts. The response of current Minister Marapone that we would use The Naseby disclosure at the “Appropriate time” was pure bluff. This is exceeded only by the lunacy of trying to send two teams from the same Government to (probably) sing from two score sheets.! How much more stupid can we possibly become?

  • 9
    1

    Sri Lanka politicians use Human Rights to achieve power. Down South some political parties saw the seeds of hated between the Majority and minority communities. Whatever party that comes to power will full fill the demands of Majority community. 99% of Defense forces are from Majority community. Hence HR violations committed by them with the support of politicians will not be investigated. For eye wash they investigated few cases. HR violations of media personals are going on for years . Passing resolutions will not solve the issues UN has to be very firm with dead lines in implementing

  • 5
    0

    The military have been constantly deified as ‘heroes’ and now are beginning to believe it.
    We have a military government in all but name, and no one wishes even to mention ‘land grabs’ which are crimes in any other country – giving back grabbed land in small parcels is supposed to be ‘magnanimity’ on the part of the military.
    They have also taken over livelihoods of northern citizens and made them unemployed. They also put up statues and temples and therefore cannot be blamed for anything.
    The new budget has a “Good Conduct” allowance – a first for any military – who safeguard all corrupt politicians who have to return the favour.
    The UN decisions are “written in the wind” as far as the military are concerned – they get the largest allocation of each budget and are enjoying life.
    Unless ‘humanitarianism’ enters the minds of Sinhala politicians, this state of affairs will prevail even though top politicos visit Hindu temples to obtain “blessings” which is not what The Gautama preached.
    The end is near – the ‘kitty’ is going dry and more borrowings will make us another Zimbabwe/Greece, but grandiose plans are afoot, with percentage for the shadowy planners.
    And, Raghavan wants people to come back !!

  • 4
    1

    Well said Native Veddah. The whole article had been well written and is in tune with the f…… Politicians in power They all eat from the same plate in the evenings.

  • 1
    6

    This is a garbage Article. UNHCR can not force to implement, I read. they just harass becuase it is US funding and ask do what we say then everything will be fine.

    • 3
      0

      JD:
      If you learn to accept FACTS, it might not hurt. It has been a while since Donald Trump withdrew all US funding to the UNHCR.
      Repeating total inaccuracies does not make them fact.

    • 3
      0

      JD

      Why sri lanka is responding getting harassed. Is there no tools to unlock from the situation.Instead getting caged to UNHCR and fed by the for oncall questions.

    • 4
      0

      @JD bugger, then stop going to these countries with a beggar’s bowl begging for hand outs.

  • 1
    1

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

  • 1
    0

    Last century saw the advent of Human Rights as a Fundamental Right. Discrimination, based on race/ religion, are challenged. Misogyny in certain religions, like temple entry in India, are past the use by date. So is the conservative caste system.
    .
    United Nations Human Rights Commission (UNHRC) is a recognised forum where all countries are periodically reviewed.
    .
    This time it is International Commission of Jurists (ICJ) telling UNHRC to bring to the notice of Sri Lanka to improve the implementation of Universal Human Rights obligations.
    The same message has been conveyed by International Bar Association’s Human Rights Institute (IBAHRI).
    Literally hundreds of Organisations dedicated to Human Rights have voiced the same.
    World’s leaders, humanists of the ilk of Chomsky, well known and revered Buddhist Dalai Lama have the same message.
    Our own former Executive President Mahinda Rajapaksa insisted that his soldiers carry a booklet on Human Rights in one hand.
    Several Nobel Peace Laureates (exception Aung San Suu Kyi) have told SL the same.
    .
    The time has come to accept that this issue will NOT go away on its own. We have to get out.
    UNHRC has weaknesses but is NOT a cesspit.
    No point quoting Human Rights violations during the colonial period to justify anything.

  • 1
    0

    The whole world is aware who fought whom and for what and who committed war crimes and need to be investigated.UNHRC is a puppet of the world powers that aided and abetted the Crimes.

    Nobody has to argue for or against the parties who should be made to answer the charges if ever framed and taken for prosecution at the International Courts.

    If the ICC demands the Diaspora Tamils to stand trial let it be so on valid legal grounds. At the same time the Sri Lankan Govt. and its forces escape to answer the charges about war crimes committed.

    It is an open challenge you (GoSL) do what you can and take the Diaspora Tamils to stand a fair trial. At the same time be prepared to stand the trial yourself.

  • 0
    0

    UNHRC is a puppet organisation of western countries. Nobody takes it seriously except some Sr8* ****s.

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