Usha S Sri-Skanda-Rajah
Come March 2017 UN Must Act on Sri Lanka – Part 2
“When humans understand fully they have rights, it is next to impossible to make them un-know it.” – High Commissioner Zeid Ra’ad Al Hussein
The 34th Session of the UN Human Rights Council (UNHRC) has begun and all eyes are turned to Geneva. What struck me most in the High Commissioner’s opening remarks was this line, a line so true and profound: “When humans understand fully they have rights, it is next to impossible to make them un-know it.”
And for the Tamil people seeking justice, truth, reparations and guarantees of non-recurrence – the so called four pillars of transitional justice, the High Commissioner’s words couldn’t have been more true and profound.
So it seems words can be true and profound, but they can also hold empty promises and half truths. And that’s what we heard from Sri Lanka’s foreign Minister Mangala Samaraweera, as he addressed the UNHRC, a speech full of empty promises, half truths, innuendos and glaring omissions – it would seem the Minister managed to con his way out of the rather thorny issue of noncompliance, exactly as predicted – but did he convince his audience? Hopefully not. It was quite apparent to anyone in the human rights business that his country had done nothing, virtually zero towards implementing Resolution HRC30 it had co-sponsored, on the 1st of October 2015 on, “Promoting Accountability, Human Rights and Reconciliation”. As always the Minister does a pretty good job in giving hollow assurances to the international community, but for how much longer. There will come a day when words would have to be put into action. words such as these that are repeated over and over again and have sadly lost its meaning in Srilanka:
I quote:
“The Srilanka that we seek to build here onward, should be one where justice reigns; where human rights are valued; where every individual’s dignity is upheld; where civil society and the media play their due role; a society that believes in the importance of the independence of the judiciary and the rule of law; and where everyone has equal rights.”
End quote.
More contemptuous was the Minister’s long list of steps taken by Srilanka, since he last addressed the UNHRC in June 2016. Almost everyone of those items listed hadn’t come to fruition, seemingly bordering on half truths; a list that appeared to be more a ‘to do list’ than a completed list.
It was as I wrote in my article: ‘Come March 2017 UN Must Act On Srilanka‘, and the question on everyone’s mind:
I quote:
“How far has Sri Lanka gone towards fulfilling its obligations under Resolution HRC 30, i.e. towards delivering transitional justice to victims of Mullivaiikal? Sri Lanka seems to be inching its way to nowhere as many still ponder over the question that’s been asked again and again: In the search for justice, will Sri Lanka match up to the task? Transitional Justice meaning, criminal Justice, reparations, truth and memory, institutional reform, gender issues, matters pertaining to children and youth etc..
As regards even the new regime the answer still seems to be a resounding no!”
End quote:
The Minister also found people to blame for the delays, insinuating that: “extremists forces were creating road blocks.” As if the Minister didn’t know, if he wont, someone else must tell the High Commissioner and the UNHRC and the member states, (if they don’t know yet), its the extremist forces from the Minister’s community and their bigotry that was the root cause for the conflict and for its perpetuation; it is they who would be the final authority and the ones who would decide how far this Resolution HRC30 would go – in Srilanka politicians play the race card all the time – a compelling reason to tarry no more but opt for an independent international judicial mechanism and move on.
More than what the Minister said, what the Minister didn’t say was important; especially his marked silence on the failure to establish a hybrid judicial mechanism consisting of foreign judges, prosecutors, counsels and investigators. Obviously the Minister had nothing to say, because Srilanka had done nothing to crow about. It now seems clear that Srilanka would be asking for that extension of possibly 18 months or a complete withdrawal of resolution HRC30 in the comprehensive written report it would be submitting that would be opened for debate, as set out in para 18 of Resolution HRC30.
It’s these glaring omissions that were taken up soon after the Minister spoke by the Independent, Monitoring and Accountability Panel (MAP) commissioned by the Transnational Government of Tamil Eelam (TGTE). MAP had been working from the time Resolution HRC30 was adopted, monitoring Sri Lanka’s compliance of it; and while Srilanka would come to the 34th session as expected with empty promises, this team of distinguished, internationally known legal luminaries, specialised in transitional justice, and ‘Mass Atrocity Crimes’ was busy putting Srilanka under intense scrutiny.
MAP tasked to monitor & “shine a light” on Srilanka’s implementation or lack thereof of Resolution HRC30 released the findings and recommendations of its 2nd spot report to coincide with the 34th Session and after the Minister made his address to the UNHRC. The report, in short, called for an ICC (International Criminal Court) referral by the UN Security Council built into a brand new resolution, if Srilanka failed, among other, to establish a hybrid judicial mechanism within one year:
I quote:
“If Sri Lanka continues in bad faith and/or fails to take significant steps towards implementing the word and spirit of the UN Human Rights Council Resolution 30/1, including establishing a hybrid war crimes court with the participation of international judges and prosecutors.”
End quote.
In a press conference, both international criminal law experts, Richard Rogers and Andrew Januzzi made their presentations, streamed LIVE, https://youtu.be/TFwZAcItEfE where they expressed disappointment at Srilanka’s abject failure to implement Resolution HRC30 at the same time heaping praise on some of the work done by the Consultation Task Force (CTF) on reconciliation. Criticising Srilanka’s “initial reaction” to CTF’s “final report as a cynical and reckless repudiation of the stated aspirations of Sri Lanka’s citizens.”
Since the report is a PDF document, I quote here TGTE’s statement on MAP’s conclusions:
1) The Government of Sri Lanka is not acting in good faith with respect to its commitments under the UN Human Rights Council Resolution 30/1;
2) Human Rights violations and abuses amounting to crimes under international law continue to be committed in Sri Lanka with impunity;
3) Key reforms to the country’s justice and security sectors have failed to materialize; and
4) The initial reaction of the Government of Sri Lanka to the Final Report of the Consultation Task Force on Reconciliation (CTF) appointed by the Sri Lankan Government itself amounts to a cynical and reckless repudiation of the stated aspirations of Sri Lanka’s citizens.
End quote.
The recommendations of these experts are certainly not in keeping with TGTE’s own parliament’s resolution which called for Srilanka to be referred to the ICC, when UNHRC meets in March.
TGTE also conducted a signature campaign to refer Sri Lanka to the ICC securing more than 1.6 million signatures.
TGTE’s Minister for International Relations, Manicka Vasagar, writing to the 37 co-sponsors of Resolution HRC30, reiterated the need for the matter to be referred to the UN General Assembly and for the consideration of “an immediate action plan to resolve these long drawn ethnic issues.”
This slight variance in approaches between MAP and the TGTE, only illustrates the independence and impartiality with which MAP operates, all credit due to both MAP and TGTE.
Srilanka’s noncompliance must have consequences; and compliance must have a definite deadline. And sure enough both elements should be built into a new resolution, a rollover not meeting this criteria. And MAP’s recommendations I am pleased fits very well with this structure.
I have always been vehemently opposed to any concessions by way of extension of time to Srilanka, considering SriLanka has out-rightly rejected foreign judges and has consistently ignored the recommendations of UN mandate-holders. An offer of 18 more months would be altogether a criminal waste of time and money, a body blow to Tamils seeking justice and an exercise in futility. That’s why I have been highly critical of TNA MP Sumanthiran’s decision to support a postponement, even if its conditional upon “robust monitoring” and the adherence to a “strict time table”. Conditions he attached to resolution HRC30, in my view, which the government did not comply with and therefore a condition that is past due and has lapsed.
Sumanthiran being a spokesman for the TNA has many doors open to him and can influence the international community in more ways than one. It is a rare honour and privilege to represent one’s people; and I am sure he knows it and appreciates it. All that he should do is to build a consensus in moving forward, considering the aspirations of all the Tamil people, through a consultation process; with him lies the destiny of the Tamil people and their progeny at this very critical time when that freedom and justice they hold dear is at stake. There are many who hold a different view, than Sumanthiran’s, like some TNA MP’s and Councillors including the Chief Minister who are concerned that with more postponements, the Tamil issue would go off the radar and be forgotten.
I stand firm to the view that failure to establish a hybrid court and get it up and running must have consequences. A provision to refer Srilanka to the ICC or a special court, must be incorporated in a new resolution. A rollover is not preferred because new stricter measures of compliance must be included, considering the old resolution is out of date and does not have “failure to comply provisions.”
Sri Lanka cannot anymore hide behind the smokescreen of national sovereignty. Let’s remember here the words of Kofi Anan:
“No government has the right to hide behind national sovereignty in order to violate human rights.”
Sellam / March 2, 2017
Let the dogs bark , the caravan will go on.
Why blame the Sinhalese, blame the Tamils for our failure.
Mullivaykal massacre is one thing, there are many Tamils benefitted in that massacre. Many Tamils had become very rich. How you may ask? There is one eye witness to say that he witnessed that one Tamil fellow grabbed 12 to 14 Thallies from the dead women in that massacre and had become a very rich man in the North.
Why do we want a highbrid court to investigate the massacre? Forget everything and let the Tamil people lead their lives .
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Antany Peter / March 2, 2017
I agree!
Politically speaking, Tamils have utterly failed to establish themselves through the past opportunities. Due to the Tamil leaders’ constant failures the foreign powers are in control, not Tamil or Sinhalese leaders. I blame the Tamil leaders for all the disasters. Tamil leaders look for ways to create disasters not solutions.
The federal solution was suggested by S.W.R.D. Bandaranaike in 1926. The Kandyan Sinhala leaders recommended a federal arrangement of two units for Sinhalese and one unit comprising the North–East for Tamils in 1927; but it was opposed by the Tamil leaders. Second opportunity came when G G Ponnambalam was the leader; Sinhalese generously agreed for 40:60 solution even though Tamils’ population wasn’t 40% at that time. Again Tamil leaders rejected it and wanted 50:50; later on decided to take arms from New Delhi to kill their fellow countrymen. Then the third opportunity came through Indo-Lanka agreement. Once again the Tamil leaders rejected the good offer, but decided to listen to the West, and turned their guns towards their fellow Tamils, Muslims, Sinhalese and Indians.
If the Tamil leaders have little brain, little love for their people they would have found a solution long time ago. Tamil leaders are the least when it comes to honoring smart people. Tamils don’t know the value of unity; the foreign powers can do wonders among Tamils, because of their divisions. Jealousy is eating Tamils. Self-centered Tamil politicians would do anything to undermine Tamil political elites to achieve their own interests by pleasing the foreign powers. The Northern Public events are full of foreign powers’ representation as the VIPs, but not smart Sri Lankan Tamils or Sinhalese. It shows Tamils have no intention to move forward.
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Native Vedda / March 2, 2017
Antany Peter
Good to hear from you not that I read your typing on a regular basis.
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malik / March 2, 2017
Native Vedda
‘read your typing’
Yes Shame you cant give a constructive response.
But hey You do entertain US more than CMB telegraph and the rest of the human rights so called road show. They should give you a job.. purely for the entertainment value.
At least get paid for what u do free here.
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Native Vedda / March 2, 2017
malik kafur
“But hey You do entertain US more than CMB telegraph and the rest of the human rights so called road show.”
If true you should be grateful to Colombo Telegraph and my people for our free entertainment.
Now that you have confirmed you are happy with our service, why don’t you in return adopt jim softy, sach, Nuissance, Dayan, HLD M, Shenali Waduge, ……….. and entertain them?
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Eusense / March 3, 2017
the guy who entertain is either a joker or a clown.
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Burning Issue / March 2, 2017
Antany,
I suppose you would say that the Tamils must have screwed up both Bunda/Chelva and Dudley/Chelva pacts as well! These Tamil fools are no match for you. You have a brilliant mind that cannot be matched by no one in the world let alone the Tamils!
You have cherry picked here and there to make a cheap point; what a fellow you are!
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Anpu / March 3, 2017
Antany Peter says that he is a smart fellow . even smarter than Kathrkamar, Thiruchelvam….. and all tamil politicians.
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Native Vedda / March 3, 2017
Anpu
“Antany Peter says that he is a smart fellow . even smarter than Kathrkamar, Thiruchelvam….. and all tamil politicians.”
Almost all Sri Lankan Tamils believe so like their Sinhala brethren.
This is a typical Sri Lankan disease most children are born with it.
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Anpu / March 3, 2017
Native Vedda,
Antany Peter is the smartest of all.
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Mallaiyuran / March 3, 2017
“Ethththi thirudumadi Paappaa antha Kakka atharkku irakka pada veedumady Pappa – Bharati. (One should sympathize to the crow for its dodge and steel behaviour!
You went on hiding to write the China funded book, I guess? Or is it China has returned your repossessed Laptop? Where were you in UOJ VC election? Isn’t Old King-Communist Vasanthi fired the China communist?
There are some Valathu Kuraincha or only leftside-performing Communists are here. They may have a point not or selfish or not. But, you are different from them. You are a pathetic prisoner of you own side, not knowing the left and the right.
“Kaluthaikku Upatheasam Kaathilai Othinaalum Apayakural Vidavee vidaathu”. (Even if you bring a donkey to maturity to receive the precious, secret (Sacred too) mantra in its ears, it won’t stop outburst-ly crying unnecessarily.
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punchinilame / March 2, 2017
The thallies+ would have got in to Army hands in the alternative – so dont be jealous of a new rich man.
The 2nd Lady of the past also became richer and invested in new properties … the war benefitted some
of course.
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Sellam / March 4, 2017
Punchiliame!
I’m very serious. Not only they robbed the Thalies , one Tamil fellow , according to the witness, had cut the ear of the dead woman in order to remove the ear ring. How do you think that few fellows who had been selling fish in cycles , have built upstair mansions and driving lemosines in the North. So Mullivaikal had benefited some and had become a hell for many.
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Arunasalam / March 2, 2017
Hell of a How do you do?
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Burt / March 3, 2017
“Tamils benefitted”
I wont dispute this as everyone knows how dogclass, karuna, pillian and countless Tamils worked as informants for a quick buck. The buck mattered so much that they even pointed at the innocent.
‘There is one eye witness to say that he witnessed that one Tamil fellow grabbed 12 to 14 Thallies from the dead women in that massacre and had become a very rich man in the North. “
This is a bunch of crap because anyone with even the least intelligence would believe that these women ran for their life in that environment wearing the Thallie.
“Why do we want a highbrid court to investigate the massacre?”
Because the Sri Lankan justice system has lost its integrity in the eyes of the international community, until this is properly cleared every Sri Lankan has to carry this black mark. So having a highbred court is in every law abiding Sri Lnkan’s best interest.
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P U K / March 2, 2017
This is a long long pos. Long live Tamil terrorist diaspora!
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AJ / March 2, 2017
ICC has NO jurisdiction over Sri Lanka since Sri Lanka has not signed the Rome Statute. So how can ICC investigate when there is no jurisdiction?
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Usha S Sri-Skanda-Rajah / March 2, 2017
AJ
Although Sri Lanka is not a signatory to the Rome Statute, the United Nations Security Council (UNSC) could refer the case to the ICC for investigation. Example: “North Sudan is not a State Party to the Rome Statute. However, since the United Nations Security Council (UNSC) referred the situation in Darfur to the ICC in Resolution 1593 (2005) on 31 March 2005, the ICC may exercise its jurisdiction over crimes listed in the Rome Statute committed on the territory of Darfur, Sudan, or by its nationals from 1 July 2002 on wards.”
There is an arrest warrant out to North Sudan, President Omar Al Bashir to appear before the ICC for Genocide and War Crimes etc., ICC cannot start proceedings until he appears personally.
Thank you for the question.
Regards
Usha
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AJ / March 3, 2017
Usha,
Thanks for your response. I am well aware of UN Security Council’s power to refer to ICC and outstanding arrest warrant for Sudan. Nevertheless I appreciate your comments. Here are my views on this matter:
1) US number of times made attempts to refer Sri Lanka to ICC. Due to the veto power of Russia and china this was impossible. Therefore US abandoned that strategy and tried to put pressure on Sri Lanka through the HRC. It is entirely impossible to refer SriLanks to ICC, under the current political context as china, Russia will veto the move and it would fail. China and Russia have the veto power at the Security Council.
2) some international law experts argue head of the UN has the power to refer a member country to ICC. this school of thought is controversial as some law experts do not agree with this interpretation of the charter. If the head of UN has the power, UNHRC can put pressure on him by passing such resolution.
Since no countries have veto power in the UNHRC the resolution may pass. However unlike the UN Security Council , resolution of the Human Rights Council are non binding. Therefore, even if the resolution pass in the UNHRC, the head of the UN is under no obligation to refer Sri Lanka, because the resolution is non binding. Assuming such a resolution is brought against Sri Lanka, assuming that resolution is passed, assuming head of UN is agreeing ask the ICC to intervene , it may still not be possible as the charter concerning whether the head of the UN can make such a referral remains contreversial, as I have explained earlier.
US is also like Sri Lanka has not the Rome Statue. US is unwilling to use the backdoor (UNHRC instead of Security Council ) to refer Sri Lanka. This is because if the US use the backdoor, other countries can also use this as a precedent to send US to ICC through UNHRC. US is relatively powerless at the UNHRC because it doesn’t have the veto power like in the Security Council.
3)One option is to pressure Sri Lanka to sign the Rome Statute. Based on the precedents in Eastern Europe , ICC agreed on retrospective jurisdiction. Therefore ICC can still take the case even though allegations occurred before signing the statute.
As you can see this is a very complex and time consuming process. There are thousands of cases in front of ICC which they have not even started to decide if they will accept it or not. I am not entirely convinced ICC is a feasible and efficient option. Khamer Rouge tribunal type tribunal is more realistic and definitely more efficient in terms of time. I hope you would appreciate my views.
Asanka
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Usha S Sri-Skanda-Rajah / March 3, 2017
Please see Rome Statute : Articles 12, 13 & 14
https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf
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NAK / March 3, 2017
you can go to ICC but make sure that you have proper evidence. Not the channel 4 kind of comedies.
No court in the world will convict anyone on that kind of jokes!
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Native Vedda / March 3, 2017
NAK
“you can go to ICC but make sure that you have proper evidence. Not the channel 4 kind of comedies. “
What sort of evidence will your court approve?
A live rape scene? Or a live snuff scene with attested details of perpetrators, a copy of passport or identity card displayed at the right hand corner of the screen?
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AJ / March 3, 2017
I think his court will not accept copy of the passport. It has to be the original passports.
Native, just ignore these comments. These are uneducated Sinhalese who claim asylum in foreign countries claiming they are Tamils and live on government hand outs. Don’t bring yourself to these BBS terrorists’ level.
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AJ / March 3, 2017
Thanks for the reference. Please see my comments above.
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Amarasiri / March 2, 2017
Usha S Sri-Skanda-Rajah
RE: Srilanka’s Failure To Establish Hybrid Court Must Lead To ICC Referral
“When humans understand fully they have rights, it is next to impossible to make them un-know it.” – High Commissioner Zeid Ra’ad Al Hussein.
Looks like somebody forgot to teach that to Para-Sinhala Buddhists, Para-Tamil Hindu Tamils, Para-Sri Lankan Muslims, ans some others, going by the events since independence in 1948.
Para-Sinhala Buddhists forgot that Para-Tamil Hindus and Para- Sri Lankan Muslims had rights.
Para-Tamil Hindus forgot that Para-Sinhala Buddhists and Para-Sri Lankan Muslims had rights. had rights.
Para-Sri Lankan Muslims dominated by Ulama, mullah, Imams and others forgot that Para-Sri Lankan Muslim Girls and women had rights.
https://www.colombotelegraph.com/index.php/muslim-feminists-anti-reformists-the-mmda-the-ground-realities/
What about the rights of the Natives to whom the Land belongs to, Native Veddah Aethho?
The Vedda Tribe
https://www.youtube.com/watch?v=f89NuukY32U
Mitochondrial DNA history of Sri Lankan ethnic people:
Through a comparison with the mtDNA HVS-1 and part of HVS-2 of Indian database, both Tamils and Sinhalese clusters were affiliated with Indian subcontinent populations than Vedda people who are believed to be the native population of the island of Sri Lanka.
http://www.nature.com/jhg/journal/v59/n1/full/jhg2013112a.html
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malik / March 2, 2017
so pontificates Visuvanathan Rudrakumaran’s keep. Half truths??? are better than facing reality for Visuvanathan Rudrakumaran and the keep.
Still Native Vedda and travelers do it for free .. well on state benefit dole queue.
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Native Vedda / March 2, 2017
malik kafur
What exactly are you trying to tell us the readers?
Please write in English, Sinhala or in Tamil, not in Esperando or after being sobered up.
Thanks.
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Common Sense / March 2, 2017
Ms. Sri Sri Skandaraja is not blind to the fact that our present constitution does not permit that. This fact has been echoed none other than the Prime Minister Ranil Wickramasinghe. I too have no faith in any of the state mechanisms and some foreign participation can help to build the credibility of any finding. So what! Change the Constitution to permit foreign judges? You need a referndum! Can you win it? A huge question that no one can be certain of an answer if it is conducted now and no Government worth its salt would like to lose a referendum.
My position is that this Government should not have delayed the making of a proper draft of a Constitution. In fact they should have done that while they were in opposition. Instead of a blessed 19th amendment to be passed only with a two thirds majority they should have encompassed the aspect that would permit foreign judges. If a referendum was required it then at that time the possibility of winning the referendum was high. Now? I leave it to the God upstairs.
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ibadun / March 2, 2017
Reforms are must for each and every corner of the state, state institutions, laws, regulations and constitution …if these benefit largely to the people of sri lanka why anyone should oppose …noting will happen once we compose national anthem with tamil and sinhala mixed as example
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Native Vedda / March 2, 2017
Usha S Sri-Skanda Rajah
“When humans understand fully they have rights, it is next to impossible to make them un-know it.” – High Commissioner Zeid Ra’ad Al Hussein”
He was talking about humans, not animals – the tigers and lions.
Well said High Commissioner Zeid Ra’ad Al Hussein.
Thanks
By the way it is reported in Daily FT that Mangala was accosted by a man from TGTE purported to be a Minister.
Excerpts:
[Foreign Minister, why are telling lies to the international community,” the representative, who is a purported ‘minister’ of the ‘Transitional Government of Tamil Eelam, asked Minister Samaraweera who was with the Sri Lankan Government delegation in the corridor. “You are telling lies to the international community,” the Diaspora representative charged, as the Sri Lankan delegation walked away.
An extreme Tamil Diapora political formation, the TGTE purports to be a “government in exile” representing the Tamil homeland in Sri Lanka.]
Usha S Sri-Skanda Rajah
VP played with guns, planes, ships and imaginary enemies. Now the TGTE is playing hide and seek. Seek publicity twice a year in Geneva and then hide rest of the year.
When will you compensate the Muslims and unreservedly apologise to the Muslims for what VP the psychopath did to them in October 1990?
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Pot Shot / March 2, 2017
As an ardent supporter of the LTTE you should be hauled into court first.
How dare you point fingers at a legitimate National Army when you support a ruthless illegal army called the LTTE. The LTTE killed more innocent people on both sides of the divide than the Sri Lankan army ever did. The LTTE fought a useless war and left their people high and dry because of their stubborn hardline approach.
You are an utter shame to humanity
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dhsj / March 2, 2017
We Have a Gay parliament so we need a Gay Court , they will bent over the table to any requirement
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Native Vedda / March 2, 2017
dhsj
“We Have a Gay parliament so we need a Gay Court , they will bent over the table to any requirement”
Will you be awaiting open mouthed and on your knees?
Gay Meaning:
cheerful, cheery, merry, jolly, light-hearted, mirthful, jovial, glad, happy, bright, in good spirits, in high spirits, joyful, elated, exuberant, animated, lively, sprightly, vivacious, buoyant, bouncy, bubbly, perky, effervescent, playful, frolicsome; chirpy, …..
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malik / March 2, 2017
Native Vedda
‘awaiting open mouthed and on your knees’
we don’t want to know what u get up to after u entertain us with ur barrage of useless comments.
Still i am sure u will do a great job ‘awaiting open mouthed and on your knees’ at least it will be better than ur useless comments
good luck we and eelam pongu Tamils are very proud of u Native Vedda
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Native Vedda / March 2, 2017
malik kafur
“we don’t want to know what u get up to after u entertain us with ur barrage of useless comments.”
Please ignore me.
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Thamilan / March 2, 2017
A solution to any problem in Sri Lanka will have to come from within Sri Lanka.UN will only publicise it.
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Sam Thambipillai / March 2, 2017
The Global Law Experts are absolutely correct. ICC should be appointed to investigate the HR violations and war crimes.
The judges in SL are almost Sinhalese, and racial in looking at events of crime brought before them. The Sinhala jury are the same. They studied not in English but in vernacular media. They cannot understand international covenants.
The opposition leader wanted the people to know the truth. Broken agreements by the GSL is common than an exception. Cheating and telling lies by the media and the Sinhala leaders on Tamil issues is an acceptable norm by the Sinhalese.
Buying time to evade Tamill issues is a norm in SL.
In spite of these shortcomings, The president of SL, Maithripala Sirisena said last sunday at Polonnaruwa taht he will not allow foreign judges to participate in any inquiry in SL
This act is an act of defiance against the UN and its resolution.
The ICC should be appointed immediately to investigate and judge war crimes and genocide against Tamils.
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punchinilame / March 2, 2017
A cabinet shuffle is in the news, which will promt MS/RW to mutually set Mangala out into some other
Ministership, as a way out, to further delay matters and a stop to foreigners which MS abhors – detests
cowardly!
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DravidaNation / March 2, 2017
Free nations are the best vehicle for expressing the will of the people — and America respects the right of all nations to chart their own path. My job is not to represent the world. My job is to represent the United States of America. But we know that America is better off, when there is less conflict — not more.
Trump will not care about this
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Shan / March 2, 2017
A good article at the right time.But for reasons best known to them the politicians are playing double game and it’s deplorable some political leaders are playing a thankless game of same side goal thus making the sufferings of the affected worse and ridiculous.
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Native Vedda / March 2, 2017
DravidaNation
Is there a Dravidian Nation in this world? Where is it?
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D.Nimal / March 2, 2017
The Nation sovereignty is most paramount an issues and protection of Country, Nation and People of Sri Lankan by modern political state of democracy.
The so-called human rights are subject to nation sovereignty. We Sri Lankan cannot surrender ours sovereignty to UHR by protecting minority rights of Tamil terrorist in island .
The Republic —-Triumph-ism of orthodox that new democratic venture of monopoly of USA-Imperialism is advocating protecting of the Globe Imperialist Sovereignty. That has different perspective of USA -imperialist sovereignty .
USA is writing his own new Human -right charter that suited their new expansionism and domination of other nation in the world.
The right to seek asylum as one example for that. The free movement of migration was accepts by USA immigrant very beginning . Currently Triumphs’ denied that.
Tamil Eealimist has to re-write and re-entry of their political ordered that suited whole interest of Sri Lankan that without roots of Tamil chauvinism.
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jim softy / March 2, 2017
If these advisors were the ones who advised Pabakaran in his Eelam War, I can understand why Pabakaran is no longer living.
Anyway, when will this ” taking to ICC” will happen ?
Sinhale govt should hire some Tamil lawyers with good money paid to them to escape frm ICC.
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AJ / March 3, 2017
You keep repeating Pabakaran. Who is that person or place ?
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Thanga / March 2, 2017
“Sinhalese generously agreed for 40:60 solution even though Tamils’ population wasn’t 40% at that time” Antany Peter. Sorry this is a canard spread by ignorant Tamils like Antany Peter. I like to know from him who offered the 60/40 formulae , where and when? GG Ponnambalam himself has said he never heard about the offer. I agree that Tamils should have backed the proposal by Kandyan Sinhalese for 3 federal units, one for them, second for the low country Sinhalese and the third for the Northeast Tamils. It was a fatal mistake. That was the time there was lot of talk about evolving a Ceylonese nation in lieu of Sinhala and Tamil nations. The 1987 Indo-Ceylon agreement is also another missed opportunity. Tamil leaders and LTTE should have supported India and worked to improve some of the deficiencies found in 13A like vesting executive power in the hands of an unelected Governor. The new constitution should include provisions to try human rights and humanitarian violators to be tried for war crimes. Foreign Minister Mangala Samaraweera is one of the progressive minister in the cabinet, but he is being over ruled no other than the president and prime minister. In this respect both the president and prime minister are starkly ignorant about Sri Lanka’s obligations to comply with UN conventions and international laws and protocols on human rights.
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Mallaiyuran / March 4, 2017
This is Thanga’s another comedy:
8 TNA MPs against rolling back. Couple of others just want to leave it to Sampanthar’ and Sumanthiran’s decision, not supporting roll back. Even they two are against roll back, but trying to show EU that they will cooperate with EU, provided EU make a reasonable assurance of Lankawe complying this time. TGTE and the MAP are not willing this extension, which Mangala is maneuvering to achieve.
Recently Mangala said something that Thanga can replay the video until his “Manam Kulira”. Why Thanga dying for Malaga is because recently Mangala joined hand with Udaya Gammanpila and lambast TGTE. Thanga is losing his nose to be unlucky for his enemy. If he can pass an insult to TGTE, Thanga will take even Udaya Gammanpila’s hand.
Not just TGTE’s position, Thanaga is not even supporting TNA’s position but supporting Mangala’s. Looks like somebody getting some handouts from somebody.
In the last British election conservative party promised to have a referendum on Brexit. Ex-PM was against for Brexit. But he wanted to keep the word he said. He did not blame this monkey or that donkey. He had the referendum. His party won the referendum, but he quit the PM seat. If Thanaga wants to call Mangala, who is pasted to his chair, as progressive, can he tell word to call Ex PM David Cameron? Mangala is Kathirgamar’s disciple in cheating the foreign diplomats! His speech on UNHRC is real fraud.
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John / March 2, 2017
Ealamist Kallathonies and Coolies were fed with lies, myths and fantasies about never existed Tamil homeland by their colonial slave masters.
Transnational government of Tamil bullshit Ealam pantomime’s actress who plays the senator character must stop writing absolute nonsense. You Ealam diaspora people are fraudsters and criminals , you Ealam Buffoons fund you find your luxurious lifestyles (business class travels, staying at 5 star hotels, holidays, luxury cars, luxury houses, etc) by fraudulently earn money. American, Canadian, European authorities must prosecute these fraudsters for their ill-gotten wealth.
There were no human rights violations by heroic SL forces. Calling ” typical war incidents” war crimes is absolutely stupid.
How come fugitive Adel balasingam is at large???
SL government must investigate the LTTE’s sex slavery!!!
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Native Vedda / March 3, 2017
Johnny Boy
“Ealamist Kallathonies and Coolies were fed with lies, myths and fantasies about never existed Tamil homeland by their colonial slave masters.”
Please elaborate on what you have typed above.
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P U K / March 3, 2017
Which monkey nibbling on this garbage has enough juice to ask why Israel is ignoring UN resolutions?
Why cannot we, the only nation on earth who totally made Tamil terrorists vanish have to give explantation to foreign vultures?
Head held high, we proud Sri Lankans should totally Sri Lankanize the whole north and east and maary & copulate with as many Tamil speaking women and produce as many kids as possible. We need to eradicate the racist ideology being parroted by the Tamil terrorist diaspora.
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John / March 3, 2017
Bottom hit Tamil ealamist Buffoons are no longer in position to call the shots. Looser!!!!
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Native Vedda / March 3, 2017
Johnny boy
“Bottom hit Tamil ealamist Buffoons are no longer in position to call the shots. Looser!!!!”
So are the Sinhala/Buddhist noisy minority. You do share their ealamist Buffoon DNA.
By the way Bottom hit Tamil ealamist Buffoons were never in the position to call the shots. It was the biggest con of all.
Stupid man, you’ve been fooled by the Tamil ealamist Buffoons. What a smart ass clever dick you are.
VP must be laughing from his grave.
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jim softy / March 4, 2017
So are the Sinhala/Buddhist noisy minority. You do share their ealamist Buffoon DNA.
Dumb, Native Vedda suddenly has become intelligent.
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AJ / March 4, 2017
Dums Veda suddenly became intelligent but you still remains unevolved.
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K A Sumanasekera / March 3, 2017
Ms Usha seems a well educated, well groomed, upper class woman who probably was destined for better things.
She would have easily made the cut for a gig in NYC, as a Corporate Lawyer or an Investment Banker.
And could have done well, unlike the Galleon bloke Rajraratnam.
Usha articulates the LTTE philosophy quite well every time she visits CT to address the loyal LTTEers UNP supporters and the Yahapalana suckers her.e.
But the FM Mangala “Samayang” Samare, never take notice of her , let alone go and give a hug and peck on the cheeks, as a good Westernised Lankan , who even address the Yahapalana Baiyas in Kotte in English , while the British LTTE Diaspora rep Abraham talks in Sinhalese.
Anyway , as a loyal devotee and a financial supporter of Mr Pirahaparan, Ms Usha needs some attention and compensation too from Yahapalanya for the hundreds of thousands of Tamil refugees in the Americas.
But Samayang Samare only runs to Suren Surendran and the Reverend who is the Priest who provided poor Christian kids in the North to Mr Pirahaparan.
All because Sutren Surendran who master minded the UNP coup , sorry Yahapalanya, promised Trillions to Dr Ranil to bring home the Bacon for the Elite and the Anglicans, when Vellalas get the Homeland.
No wonder Ms Usha wants to take” Samayang” to the ICC. .
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jim softy / March 3, 2017
This woman can earn more money for Tamils, if she writes fiction – thriller or Comedy series novels.
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AJ / March 3, 2017
If you convert the Rajapakse International Paddy Storage into publishing office, she can write fiction and bublish it
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P U K / March 4, 2017
Lol!
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Naga / March 3, 2017
Usha
You can have all the arguments in support of ICC referral and other actions against the Sri Lankan government, but no countries will listen.
US,UK and other western countries tightened the screw on Sri Lanka accusing it of war crimes for their own reason, that is, the overthrow of the Rajapakse government. They achieved that when Sirisena-UNP combine was elected to power in Sri Lanka.
UN Human Rights Council, will now agree to give a further two year period to the Sri Lankan government to implement the Council’s resolution sans foreign judges. As far as the international community (meaning US and western countries) is concerned they have almost put the Sri Lankan issue to rest.
Even TNA, the the elected Tamil representatives of Sri Lanka, has agreed to the two year proposal but the sole TNA decision maker Sumanthiran only wants a clear time table.
Usha, you people can go on enjoying your pastime of shouting twice a year when the UN Human Rights Council meets. And, people like you and Manicka Vasagar can go writing articles to CT and other journals. Dogs bark but the caravan moves on. Good Luck.
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Justin / March 3, 2017
When all the Citizens of a country have not participated, and consensus is not reached by all the ethnic groups, the instrument decided and implemented to govern the country is not a constitution but mandate by a section of the people in a country.
Therefore, the first republican constitution of 1972 and the present constitution, technically are not constitutions as Injdigenous Tamils boycotted and abstainedr from the process.
With this error, the GSL says it can “ëxtract juice from a hard rock” and wants more time.
The UNHRC has to use its wisdom and recognise the following principles in relation to SL;
1 Judiciary can function only under a constitution.
2. Judiciary, deriving its power from a mandate document is not judiciary but a “Kangaroo Court”.
The UN can take SL to the ICC because technically SL has no constitution.
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maalumiris / March 4, 2017
No matter how many pontificate and have dreams about about how SL should be taken to courts via ICC, HRC or whatever takes their fancy on that day, “just like the Sudan”
No politician will allow it. No matter what they said during elections or promise to their backers in the West.
Didn’t happen then, wont happen now or in the future
You see, we are just too important to everyone and screwing us over will mean the doors are open for a lot of other to get screwed over as well.
Now who wants that ???
Over to you Native V – try bring me down a peg or two ! But you, like the author, just KNOW it’s true.
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Native Vedda / March 4, 2017
maalumiris
“No matter how many pontificate and have dreams about about how SL should be taken to courts via ICC, HRC or whatever takes their fancy on that day, “just like the Sudan””
You are talking bull aren’t you?
Unless and Until Hindia agrees with UN to have a serious interdependent investigation with or without foreign judges nothing is going to happen. Then of course we see the little islanders gloating about their ability and resolve in winning the war as well as successfully denying independent war crime investigation.
The agenda is set from outside this island. With a wave of little finger the powerful countries could spring miracles, one way or another.
The only way out is to set up a clearly defined Truth and Reconciliation Commission. Own up crime, say sorry, beg pardon, receive one, move on. Get on with it and get over it.
“No politician will allow it”
It depends who, when, why, where, how,… the interested power catches these politicians by their b***s. They can apply targeted sanctions.
Remember Hindia caught the Old fox by his b***s and 13th amendment followed.
“Over to you Native V – try bring me down a peg or two ! But you, like the author, just KNOW it’s true.”
I know you are up to something. I also know she is attractive. You are using Native V to catch her eyes. Cannot trust old codgers.
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maalumiris / March 4, 2017
“You are talking bull aren’t you?”
No, Not as much as you.
You have been waiting for this “magic finger waving” by “powerful countries” of this world without perhaps realising that this “power” you worship so much actually has limits. And in today’s world, maybe even bigger limits than before.
Do you honestly believe India will sponsor or agree to an Inquiry or investigation in SL without opening themselves and their armed forces to the same ??? Believe me, there will be plenty of takers for a piece of THAT particular pie !
“Then of course we see the little islanders gloating about their ability and resolve in winning the war as well as successfully denying independent war crime investigation.”
Not sure about you but I saw no war crime investigation and additionally, there is no war (and no tigers either!) So your statement above is True
You are doing a great disservice to all the True Believers out there.You are leading them up the garden path by feeding them with tasty tidbits like “Sudan” and “ICC” and “UNHCR” but not having the full meal in the kitchen.
“Targeted Sanctions”
Remove GSP (again) ? Stop SL from buying oil ? Stop duty free car imports (I’d sign onto that).. I know!, stop any government servant from travelling out of the country. Stop the mail from being delivered. Stop all flights and tourism (except to Jaffna of course). Stop our ornamental fish exports !.
“who, when, why, where and how”
Even if Yahapalana remains in power, I cant begin to imagine that they would be as stupid as that to commit political suicide, despite the spoutings of our esteemed FM.
You also made much of 1987, of “Old Foxes” and ‘short and curlies”… tell me please, any update on that ? Since you also mentioned “Hindia” there must be massive positive changes on the ground, yes ?
So why is Wiggy going to India to ask for implementation a full 30 years after the signing ? The way you put it, I got the impression it was all done and dusted. Should we tell Wiggy to ask you and you can assure him it was all done back in the day when Rajiv had JR by the sensitive bits ?
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justice / March 4, 2017
https://en.wikipedia.org/wiki/International_Independent_Group_of_Eminent_Persons
Earlier, international judges functioned in Sri Lanka.
Why not, again?
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Champa / March 4, 2017
The Reconciliation and the Hybrid Court or referring Sri Lanka to ICC won’t go together.
In order to achieve Reconciliation the government needs to gain support from the majority Sinhalese.
The majority Sinhalese will never approve taking security forces personnel to any court Hybrid or ICC. Therefore, both will fail.
Undermining the sacrifices made by security forces in eradicating terrorism is one mistake. If not for them, many who lament about accountability and other will not be alive to make such statements.
The services done by our security forces should be honoured by Tamils and Muslims.
The Reconciliation will never achieve as long as there is talk about the Hybrid Court or the ICC.
The Tamils have a choice. What is more important to them, taking revenge from the security forces or living peacefully with fellow Sinhalese and together, making a valuable contribution for a better Sri Lanka? If they are concerned about their future generation, they will choose the latter.
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Real Siva Sankaran Sarma / March 6, 2017
Sinhalese also have a choice to stop being rabidly racist towards the island’s Tamil speaking population, stop believing the Mahavamsa fable thinking that the entire island belongs to them, when 1/3 of the island always belonged to the Tamils, and treat others with dignity that they deserve, for the betterment of their own future generations otherwise there will be no reconciliation.
The vast majority of the Sinhalese are rabid racists who support racists, racist politicians and racist raping looting Sinhalese armed force that has committed war crimes and call this brave just because the victims were innocent Tamil civilians. The Sinhalese are largely descended from low caste Indian Tamil immigrants but have been brainwashed to think that they are pure Aryans( sic), even a Brahmin like me does not believe in this Aryan bullshit.
Just because the British gave the Tamil lands to the Sinhalese and made the Sinhalese a majority in the whole island, and then handed the island to them on a platter they think they can do anything to the island’s Tamils and get away with it , with the excuse the Sinhalese are the majority and we this is what we will do and will not be judged.
We can kill murder rape loot and commit genocide on the island’s Tamils with impunity just because the Mahavamsa fairy tale says so our most un Buddhist monks say so our politicians teachers and elder says so and our brave Sinhalese armed force does it. We have the support of certain rogue nations including India and who are the Tamils or the UN to judge us. We will not allow it.
You are one big racist Sinhalese gas bag. Most Serbs did not support nut the UN tried Milocovich, the Nazis and will try your not so brave racist looting war criminal Sinhalese army and leaders. Unless true justice( that you call revenge) not Sinhalese justice provided by a Sinhalese kangaroo court is provided there will be no reconciliation. Understood. go and fly a kite racist
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