1 October, 2020

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UNHRC Resolution 40/1 & The Pathetic Plight Of The Victims Of War In Sri Lanka

By Kumarathasan Rasingam

Kumarathasan Rasingam

The UNHRC Resolution 40/1 was passed without voting giving another two years to Sri Lanka delay the implementation of UNHRC Resolution 30/1. In fact, Tamils are fully aware that Sri Lanka is finding ways and means to delay, deviate and finally by giving false promises and excuses will go on demanding more and more extensions until the death of the last victim of the war. 

High Commissioner Bachelet’s call that “the Sri Lankan Government should now refocus its efforts on fulfilling its obligation to provide justice and accountability and honour its commitments to establish the truth about what happened and to promote reconciliation,” 

In the meantime, there has been hardly any pressure on Sri Lanka to meet its obligations. This was despite President Maithripala Sirisena declaring on November 2017 that there won’t be “international war crimes tribunals or foreign judges,” Prime Minister Ranil Wickremesinghe, on February 16, 2019, asking the Tamils to “forget the past and move forward,” and the Sri Lankan Foreign Minister Tilak Marapana, announcing on March 20, 2019 that the country’s constitution does not allow foreign judges, dismissing the idea of a hybrid court, an integral part of Resolution 30/1

Foreign judges; Sri Lanka has appointed foreign judges and eminent persons to investigate human rights abuses: 

Example:-

The International Independent Group of Eminent Persons, abbreviated to IIGEP, was a group of individuals nominated by international donor countries and the government of Sri Lanka, vested with a wide mandate to observe all investigations and inquiries conducted by and on behalf of the Commission of Inquiry into alleged human rights abuses in Sri Lanka. The following individuals were members of the IIGEP: 

Justice P.N. Bhagwati, India – Chairman, invited by the President

Prof. Ivan Shearer, nominated by Australia

Prof. Bruce Matthews, nominated by Canada

Mr. Bernard Kouchner, France, nominated by the European Commission

Judge Jean-Pierre Cot,France, nominated by the European Commission and replacing Mr. Kouchner

Prof. Sir Nigel Rodley, nominated by the UK

Prof. Yozo Yokota, nominated by Japan

Cees Fasseur, nominated by the Netherlands

Arthur “Gene” Dewey, nominated by USA

Mr. Marzuki Darusman, (nominated by the Inter-Parliamentary Union)

Kamal Hussein, Bangladesh (nominated by OHCHR)

Mr. Andres Mauromatis, Cyprus (nominated by GoSL)

The mandate of the IIGEP has come under criticism from several human rights organisations, underlining its inherent weaknesses, including:

IIGEP did not have independent access to witnesses or conduct independent investigations, and the Commission of Inquiry early indicated that IIGEP were to observe and not investigate. The reports of the IIGEP where submitted to the President, who has the power to veto publication of information sensitive to national security – this is seen as especially disturbing given that Sri Lankan armed forces have been implicated in several of the killings that are to be investigated by the Commission of Inquiry. None of IIGEPs reports to the President have been publicized so far.

Main findings

The main concerns of the IIGEP were:

A lack of political will from the Government of Sri Lanka to support a search for the truth.

A conflict of interest in the proceedings before the Commission, with officers from the Attorney General playing an inappropriate and impermissible role in the proceedings.

Lack of effective victim and witness protection

Lack of transparency and timeliness in the proceedings

Lack of full cooperation by State bodies

Lack of financial independence of the Commission

It is an undisputable fact that ten years after the end of the war, not a single family affected by enforced disappearance has been able to ascertain the truth, or received justice or reparation, and no one has been punished for the war crimes committed. Even in the emblematic cases such as – the killings of 5 students in Trincomalee; the massacre of 17 aid workers in Muttur (both in 2006); and the murder of the high-profile journalist Lasantha Wickrematunge (2009) – there has been no judicial outcome more than a decade after. If the past is of any indication, there is not a single case or outcome to support the independence and impartiality of the judiciary when serious cases of human rights violations are heard – particularly when the perpetrators are security forces and those linked to the establishment, and the victims are Tamils.  

Crisis Group

Sri Lanka’s Transition to Nowhere 

Torture of detainees remains routine, and the draconian Prevention of Terrorism Act has yet to be replaced, as promised

There never was a serious attempt to incorporate in the national dialogue the importance of accountability, the need to end impunity and the urgency of constitutional reforms to achieve genuine reconciliation, peace and prosperity benefiting all communities.

The articles [below] clearly explain the intention of Sri Lanka and its defiance and unwillingness to implement the UNHRC Resolution 30/1 even after a lapse of four years. [2015 to 2019] and it is very doubtful Sri Lanka will implement all the recommendations within the extension granted by UNHRC until March 2021 unless the Member countries in the UNHRC take any drastic action like economic sanction, diplomatic sanction and political sanction. 

The member countries and UN can send monitoring teams periodically to monitor the progress made by Sri Lanka and report to the UN High Commissioner for Human Rights and the UN Secretary General.

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

Democracy Undermined By Discrimination

Tamils in Sri Lanka [North and East of Sri Lanka] are demanding their lost sovereignty and are entitled for the right of  self-determination.

It has been proved that what happened to Tamils in Sri Lanka is GENOCIDE.

The documentary “Killing Fields of Sri Lanka” very clearly proves this and the article titled “Justification for the Tamils to fight to regain their lost sovereignty “

Sri Lanka’s Killing Fields  Former UN Staff Gordon Weiss and other witness to the horrors of the war   

Justification for the Tamils to fight to regain their lost sovereignty 

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Latest comments

  • 3
    5

    Kumarathasan Rasingham,

    There was and is no intention on the Sri Lankan State, headed by the Para-Sinhala towards the Para-Tamils, for meaningful relief, as the Para-Sinhala were the victors, despite the UNHRC cornering them.So, they are buying time.

    If the LTTE, the Para-Tamils were the victors, they would have done the same thing but much worse, demonstrated by the massacres of villages, worshippers in the Mosques and Temples, but not in the Churches, and the ethnic cleansing of the victims.

    However, the Para war is over, and it is time for the Paras, Para-Sinhala, Para-Tamils, and other Paras, to pack up their bags and return to their Homeland, Bharat, India, and leave the Land of Native Veddah Aethho

    • 5
      5

      Amarasiri,
      “Para-Sinhalayo, just like Para-Demalo (Tamils), came illegally, to the Pristine Land of Native Veddah Aethho, illegally. from Bharat, Damba-Diva, India., from the Southern and Eastern regions. Mitochondrial genetics proves that., see below.”
      ——–
      I read that article you mentioned. Their research findings do not provide any proof that Sinhalayo came from Indian sub-continent. The similarity in DNA between Demalu in Sinhale and Hindians is clear cut. That is pretty obvious because all the Demalu in Sri Lanka are descendants of Dravidians who came from Hindusthan. The in-depth analysis they have done on Sinhalayo and Hindians show that the similarity is not that clear cut. You missed one of the important conclusions of that research. They say:

      “No definite association of the Sinhalese with any specific ethnic or linguistic groups of India was, however, detected in this study; thus, their exact immediate origin on the mainland remains yet to be confirmed.”
      ———–
      There are few other research on DNA of Sinhalayo. None of them give conclusive evidences to show that Sinhalyo came from Indian Sub-continent. See:
      http://www.khazaria.com/genetics/sinhalese.html
      ——————
      “Just because Para-Sinhala is an admixture of the various Para-Languages, from their Para-Homeland, it is not unique.”

      I am not a linguist. Prof. J.B.Disanayake who is an authority on this subject appearing in a TV discussion told that Sinhala language has unique features. I believe what he said. It is up to you to agree or disagree.

    • 7
      4

      Amarasiri,
      There is an undeniable fact. At present there is no other place in the world where Sinhala language is spoken, Sinhala culture, and traditions exist except Sri Lanka. Sinhale is the only place where there is a well documented history of Sinhala people. All the other Para people you listed have another place in the world where their language is spoken. Therefore, if they want to return it is not difficult for them to get assimilated. Even if Sinhalayo are willing to leave the Pristine Land of Native Veddah Aethho there is no place inhabited by Sinhalayo to welcome us. Will Modi welcome Sinhalayo to India because Amarasiri says Para-Sinhalayo came from Hindusthan and create a separate State for Sinhalayo?

  • 5
    4

    Kumaradasa,
    STOP LYING!!!!!!!!!!!!!!!!!!!!
    The so called Tamils lost their sovereignty when they were abducted from fishing villages in Malabar and brought to Sinhala-Buddhist Sri Lanka for slaves.
    /
    North and East providences were the thriving Sinhala-Buddhist settlements native Sinhala-Buddhists. You people and the colonialists committed genocide on Sinhala-Buddhists. Mannarama mass grave is a proof of that.
    /
    So if you people can’t integrate with Sinhala-Buddhists FULLY, get the hell out of Sinhala-Buddhist Sri Lanka immediately.
    /
    The so called documentary ” killing fields of …………….” has been proven a fake by experts. An actress who played a victim was caught living in luxury in Canada.

    • 4
      3

      John,

      Well said. They should have worried about the so-called “killing fields” before they started a war. One single chapter in any history book about a war from the years gone by would have given them a glimpse of what to expect the day the loose the war.

      Instead, the Tamil pride and arrogance was so high that they couldn’t give tinkers dime about the consequences a war would have. No crying like babies. No sympathy from me.

      As for the Sri Lankan state, they had no choice. The war was thrust upon them by the Tamil invaders 100s of years ago and then again in 1983. They fought it. Never crying for a moment despite bomb blasts everywhere. Despite countries with vested interests providing material support to the terrorists. Not for a second did it cry.

  • 0
    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

  • 3
    4

    Kumarthasen Rajasingham is a very dishonest Tamil. Even the most recent UNHCR resolution is for exploiting Sri lanka taking Tamils as the cover up. International community forced it on Srilanka and now every country of those sponsored it got business contracts from Sri lanka. I heard, the People that were most interested in the Mannarama Grave digging were american NGOs. They benefited from that. they were expecting to accuse the army and the former govt. Tamils became the puppets to help it.
    IF not, none in the media does not publish the truth or the other side of this war. That is how things happens all over the world.

  • 0
    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

  • 3
    1

    I can see all the disgusting lying anti Tamils have come out of their holes to post their venom and lies

    • 0
      0

      @Rohan, where? All I am seeing here are the uneducated racist clowns and fellows who amounted to nothing mouthing off their insecurity. I can’t believe you fellow are so scared of a small minority of people.

    • 1
      0

      @Rohan, I am sorry I did not interpret your comment properly. Pardon me!

  • 1
    0

    Past, present and future GoSL claimed or will claim, at the UNHRC that land-mines have been defused.
    Who actually defused/defuses? Read
    https://www.theguardian.com/world/gallery/2019/mar/08/the-women-clearing-sri-lankas-minefields-in-pictures
    .
    What happens to the de-miners? Read yesterday’s 18 April 2019 ‘The Island’: “Two female de-miners receive serious injuries in an explosion”
    http://island.lk/index.php?page_cat=article-details&page=article-details&code_title=202806
    The is not worthy of note and/or attention by MS, RW and the MR gang.
    They are heros.

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