26 April, 2024

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Sri Lanka Says Draft Resolution Of Core Group Violates Sri Lanka’s Constitution

Sri Lanka’s Permanent Representative to the UN in Geneva Ambassador Ravinatha Aryasinha, has said “the draft resolution on Sri Lanka deposited with the Human Rights Council by a core group comprising – the USA, UK, Mauritius, Montenegro and Macedonia, violates the constitutional provisions of Sri Lanka, is highly intrusive in nature and is in breach of the sovereignty of the Sri Lankan people and the territorial integrity of Sri Lanka”. “In being politicised and in clear contravention of accepted principles of conduct in the Council”, he said, “the resolution sets a bad precedent, and can in the medium-to-long term have an adverse impact on all developing countries in the Council”.

Ravinatha Aryasinha - Ambassador Geneva

Ravinatha Aryasinha – Ambassador Geneva

Ambassador Aryasinha made this observation in an intervention made at the commencement of the first informal meeting called by the sponsors of the draft resolution on Sri Lanka and held in Geneva on 7 March 2014.

We publish bellow the full statement made by Ambassador Aryasinha;

Excellency,

Anyone unaware of the ground situation in Sri Lanka walking into the Human Rights Council over the past week, or for that matter this room today, could not be blamed for thinking that Sri Lanka is the most troubled place on this planet.

The draft text before you gives one the feeling that the core group presenting this resolution – the USA, UK, Mauritius, Montenegro and Macedonia, should be reminded that Sri Lanka, like many Asian, African and Latin American countries represented here today, emerged from the yoke of colonialism as far back as in 1948. They also conveniently forget that Sri Lanka for nearly 30 years confronted one of the world’s most ruthless terrorist organizations, the Liberation Tigers of Tamil Eelam (LTTE) and that following an almost 3 year long humanitarian operation eventually brought to safety 300,000 innocent civilians who had been held as human shields by the LTTE. Since 19 May 2009 while not a single life has been lost due terrorism, the significant progress made by Sri Lanka, including through the implementation of the National Plan of Action of the Lessons Learnt and Reconciliation Commission, has been detailed in the National Statement made by the Hon. Minister of External Affairs of Sri Lanka last Wednesday.

When juxtaposed with these achievements, the obsession shown by some, in their call for action on Sri Lanka, simply brings out their own sinister motives in relentlessly targeting Sri Lanka, mainly to appease pro-LTTE Tamil constituencies, for collateral electoral political gain. Rather than help Sri Lanka, it clearly hinders the reconciliation process currently underway.

It is against this backdrop that the Government of Sri Lanka (GOSL) believes that there is no objective or rational reason to justify the call for a third successive resolution on Sri Lanka during the current session of the HRC.

This said, I am here today,  as I do not wish to dismiss the interest taken in Sri Lanka by member and observer states, representatives of international organizations and civil society, irrespective of whether such interest is justified or not. GOSL always has, and continues to remain engaged with all parties seeking a respectful and constructive dialogue on how to move the process of reconciliation in Sri Lanka forward. We hope this spirit of engagement will be reciprocated, and that member and observer states of the HRC will view developments in Sri Lanka with an open mind.

Madam Chair,

It must be borne in mind, that the intention of presenting yet another resolution on Sri Lanka in the Council was made known by the US to the GOSL in January this year, long before the High Commissioner’s Report was available, thus making clear that the process and the intent to do so were led by political imperatives, rather than an objective assessment of the situation on the ground, which as per Council mandate, would have need to base its assessment on the Report of the High Commissioner.

With regard to the report of the High Commissioner to this session on Sri Lanka titled A/HRC/25/23, my delegation in its statement at the High Level Segment has already made clear Sri Lanka’s position. Sri Lanka categorically rejected the recommendations in the Report, which reflected bias, and was tantamount to an unwarranted interference in the internal affairs of a sovereign state. The Report itself contained a substantial amount of erroneous information as well as misperceptions which Sri Lanka requested the OHCHR to correct through its Comments of the State on the Report A/HRC/25/G/9 which has been made public, though not reflected as an Addendum to the Report.

Having perused draft resolution 25/1, my delegation is surprised by the violation of Council procedure envisaged by this draft which is in clear contravention of the rules of procedure and the method of engagement that guide the Council. The draft resolution is an unjustified endeavour to vest the Office of the High Commissioner with an investigative mandate, as well as of monitoring and assessment, which are in clear violation of resolution 60/251 and the IB package, as well as GA resolution 48/141.  Sri Lanka therefore rejects such disingenuous efforts on the part of the proponents of the resolution to by-pass the method of engagement of the Council, which could not only set bad precedents, but also have wider relevance to all member and observer states of the Council.

The change of title of the resolution from the last two years, while clearly exceeding the parameters of the High Commissioner’s Report A/HRC/25/23 to the current session, on which this resolution is purported  to be based, also bring in to the new draft, wholly unsubstantiated and uncorroborated new allegations, and therefore widens the mandate of the resolution, reflecting the constant changing of goal posts the proponents of the resolution have been consistently resorting to, as well as manifesting their vested interests.

Further, the draft resolution violates the constitutional provisions of Sri Lanka, is highly intrusive in nature and is in breach of sovereignty of the Sri Lankan people and territorial integrity of Sri Lanka. It also goes against, the core values of the UDHR, core international human rights treaties and basic principles of law that postulate equality among all people, as well as GA resolution 60/251 and the IB package.

Therefore in being intrusive, politicised and in clear contravention of accepted principles of conduct in the Council, the resolution sets a bad precedent, and can in the medium-to-long term have an adverse impact on all developing countries in the Council.

Madam Chair,

In conclusion, we therefore call upon the proponents of the resolution to take cognizance of  the reconciliation process in Sri Lanka. This is imperative at a time when Sri Lanka is implementing a comprehensive process of reconciliation involving all communities, having overcome the threat of terrorism after a 30-year conflict.

Coercive measures which do not pay due regard to tangible processes on the ground, and are of an intrusive nature, would only impinge upon the delicate balance in reconciliation underway in the country.

Madam Chair, I thank you for having provided GOSL an opportunity to present its views, and would like to add that this would be the only intervention we will make at this informal meeting.

Thank you.

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Latest comments

  • 5
    1

    LOL

    • 4
      0

      LOL Indeed
      Sri Lanka constituion supercedes everything

    • 2
      0

      Dear Mr. Ravinatha Aryasinha – Ambassador Geneva

      “Sri Lanka’s Permanent Representative to the UN in Geneva Ambassador Ravinatha Aryasinha, has said “the draft resolution on Sri Lanka deposited with the Human Rights Council by a core group comprising – the USA, UK, Mauritius, Montenegro and Macedonia, violates the constitutional provisions of Sri Lanka, is highly intrusive in nature and is in breach of the sovereignty of the Sri Lankan people and the territorial integrity of Sri Lanka”. “

      So, if Sri lanka’s constitutions supersedes everything, how come the SL State practices Double Standards? Why?

      Monk Mahanama Sinhala “Buddhist” Racism, that is not Buddhism.

      This is Para-Sinhala Monk Mahanama Buddhist Racism.

      This is not in the constitution, but is vilated every day. Thay is how the war started.

      That is how the racist Monk Mahanama Sinhala Buddhists are destroying churches Kobvils and Mosques. Monk Mahanama Mad Dogma.
      ‘Who are the people you are trying to fool? Sinhala Buddhist Fools? There are fewer and fewer of them now. They know your lies. They know the lies of the Shills.

      Does the Sri Lanka constitution guarantee the freedom of the press and freedom of religion? Does your Para-Sinhala Buddhist Monk Mahanama Racism supersede the Sri Lanka Constitution?

      Sir, are you joking? Confused and curious.

  • 8
    1

    The statement is mendacious. How can he say that a single life has not been lost since 2009 when Tamils are still targeted, Sinhalese people have been killed or disappeared and journalists eliminated. What electoral gain is there in supporting the Tamils in Mauritius, USA or Montenegro? Does not Rajapakse get electoral gain by eliminating his opponents and appealing to Sihala chauvinism?

    The old hat that there is interference with internal affairs cannot work in the modern age. Human rights are always internal. It is the tyrannical state in China or North Korea or Sri Lanka that now holds onto this disused idea that other states and the UN should not be concerned with internal affairs. Apartheid in South Africa, which was an internal matter of South African policy, could not have ended if such a stone age doctrine had prevailed. It is a shame that Sri Lanka should adhere to ideas that have exhausted their shelf life.

    It is also elementary that a state cannot plead its own laws and constitution to escape its international obligations. Is this man also an uneducated buffoon relative of the Rajapakses, who constitute the diplomatic corps of Sri Lanka, that he does not understand basic notions in diplomacy.

    • 2
      3

      Who did end the form of apartheid(only much more worse) in north and east? Internal forces or external forces?

    • 1
      2

      Dozens of Tamils have been abducted and summarily executed by terrorists in uniform in the North of the Island. This continues to
      the day. Some of these goons from the army followed Callum McRae and the Channel-4 crew and ran away when those brave men alighted from their car and shouted “who are you and why are you following us”
      Ambassador Ariyasinha and High Commissioner Nonis in London are simply fooling themselves. The undiplomatic and injudicious letter written by Nonis to Al-Jazeera is not merely unduly polemical but unprecedented for the pugnacious language used. Nonis has tried to be clever by half using terms like “it is not Callum but calumny” With men like these “fighting” the cause of the Sri Lankan Govt against virtually the entire world surely cannot succeed.

      Kettikaran

      • 0
        0

        Nonis is better [Edited out]

  • 7
    2

    Who violated the constitution of Sri Lanka? Is it the Government of Sri Lanka or UNHCR?

    Who Killed innocent people?
    Who abduct people?
    Who protect the terrorists?
    Who bombed hospitals?
    Who is against law?

    • 0
      0

      Ajith,
      You can add the behaviour of the government members of PSC as well as the Speaker also.

  • 7
    1

    Sl should first establish the LAW and order. independent judiciary and police. whether it be tamil population in NE or rest of the citizens in the South, ever one deserves to live a life without fear of injustice.

  • 6
    0

    How funny!!! G L Peiris and Ravinatha Ariyasinha
    stand up in Geneva and address a Sri Lankan
    audience.

    That is why their speeches are all tailored to
    gain local mileage and is sans any cohesive, logical
    reasoning.

    Why did the audience not acknowledge GL after his
    speech. As is customary, no one walked up to him
    to shake hands. Ravinatha knows how to outdo even
    Peiris when it comes to getting publicity. Even what
    he does not say are in his new releases.

    Must anyone say Sri Lanka foreign policy is in shambles?

  • 3
    0

    If the bloody president of Sri Lanka himself is repeatedly violating the constitution of the country why is this boot licking parasite is so concerned about its sanctity? Does he think that only his Maha Rajah has the privilege to piss on the constitution of Sri Lanka?

  • 2
    0

    When the president himself is repeatedly violating the constitution of Sri Lanka how can this boot licking parasite be so concerned about its sanctity? Maybe he is thinking that only his Excellency Maha Rajah bugger is privileged to piss on the constitution!

    • 0
      0

      This guy is quiet about Rajapaksa deposing the Chief Justice of SL , which violated the constitution.

  • 1
    0

    So, this idiot says that he and the regime can cause atrocities and crimes against human beings and hide behind the label of sovereignity. Does he mean that all the covenants his country had signed means something. Well, Geneva is not the right place for this joker. He should go fishing in Hambantota.

    • 2
      0

      jansee, if I may…

      “He had just about enough intelligence to open his mouth when he wanted to eat, but certainly no more.”
      ― P.G. Wodehouse

  • 1
    0

    Ariyasinghe has woken up all of a sudden and is worried about the violation of the constitution of Sri Lanka. Has he forgotten that the constitution of Sri Lanka has been violated prior to this resolution by President Rajapakse when he did not give the constitutional powers under 13th amendment to the Provincial Councils. If the President has already violated the constitution, why is Ariyasinghe worried about some one else too violating the constitution? What is the logic?

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