{"id":129043,"date":"2014-08-15T00:43:43","date_gmt":"2014-08-14T19:13:43","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=129043"},"modified":"2014-08-24T00:04:54","modified_gmt":"2014-08-23T18:34:54","slug":"the-un-investigation-into-human-rights-in-sri-lanka-its-legal-basis-nature-and-scope","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/the-un-investigation-into-human-rights-in-sri-lanka-its-legal-basis-nature-and-scope\/","title":{"rendered":"The UN Investigation Into Human Rights In Sri Lanka; Its Legal Basis, Nature And Scope"},"content":{"rendered":"

By\u00a0Friday Forum<\/span><\/a> –<\/strong><\/p>\n

A UN investigation into\u00a0allegations of violations of\u00a0human\u00a0rights in\u00a0Sri Lanka is about to commence. As an aid to public discussion, <\/span>Friday Forum<\/i> sets out below information to\u00a0help the general public understand the legal basis,\u00a0origin, nature and scope of this inquiry<\/span><\/p>\n

Frequently Asked Questions on the UN Human Rights Council Resolution (2014) on Sri Lanka<\/b><\/p>\n

1. WHAT is the Human Rights Council?<\/b><\/p>\n

\"Navi<\/a>

Navi Pillay – United Nations High Commissioner for Human Rights<\/p><\/div>\n

The Human Rights Council\u00a0(HRC)\u00a0is the main inter-governmental body within the United Nations\u00a0that is responsible for the promotion and protection of human rights worldwide.\u00a0Under the UN Charter (which is like the Constitution of the UN), promoting and encouraging respect for human rights for all without discrimination is a major purpose of the UN\u00a0(Article\u00a01.3). \u00a0The HRC and all other human rights institutions and procedures\u00a0within the UN\u00a0have been established\u00a0in order to\u00a0achieve that purpose effectively.\u00a0The HRC consists of 47 members, all of whom are Member States of the UN elected for a three year term by the UN General Assembly (UNGA). Sri Lanka too is a\u00a0former\u00a0member of the HRC.<\/i><\/p>\n

2. WHAT are the powers of the\u00a0Human Rights Council?<\/b><\/p>\n

The Human Rights Council (HRC)\u00a0succeeded the UN Commission on Human Rights which ceased to exist on 19 June, 2006. The HRC was established by UN General Assembly\u00a0Resolution 60\/251 of 3 April, 2006. Under that Resolution, the HRC is responsible for promoting respect for human rights the world over. Similarly, it is obligated to address human rights violations and make recommendations in that regard. It is also responsible for effectively coordinating human rights matters within the UN.<\/i><\/p>\n

The HRC is based in Geneva, Switzerland and meets at least thrice each year<\/i>.<\/p>\n

3. UNDER what authority did the\u00a0HRC adopt resolutions\u00a0(2012,\u00a02013, and 2014)\u00a0on Sri Lanka?<\/b><\/p>\n

As already pointed out\u00a0in 2\u00a0above,\u00a0the UN General Assembly (UNGA)\u00a0has placed on the HRC the responsibility of\u00a0addressing\u00a0human rights violations\u00a0around the world\u00a0and for making\u00a0relevant recommendations.\u00a0It is pursuant to those\u00a0powers\u00a0and its procedural rules\u00a0that the HRC adopts resolutions\u00a0on country situations. Resolutions adopted on Sri Lanka are but a few examples of such country resolutions. \u00a0<\/i><\/p>\n

Resolutions on country situations can be adopted under various agenda items of HRC sessions. The resolutions on Sri Lanka were adopted under agenda\u00a0item 2. That agenda item\u00a0focuses on human rights issues and situations raised by the Annual\u00a0Report\u00a0of the UN High Commissioner for Human Rights,\u00a0reports of the High Commissioner\u2019s office,\u00a0and\u00a0of\u00a0the UN Secretary General.\u00a0As the principal UN official in charge of human rights, the High Commissioner on Human Rights has to present an annual report on the world\u00a0situation on human rights.<\/i><\/p>\n

4. WHO can propose\u00a0and vote for\u00a0a resolution on a specific country\u00a0in the HRC?<\/b><\/p>\n

The procedure to be followed in the HRC is\u00a0set out in a separate resolution, popularly referred to as the\u00a0\u201cInstitution-Building Package\u201d. States that wish to sponsor a resolution related to a specific country are urged to get the support of at least 15 members of the HRC. \u00a0Sponsoring States need not be members of the HRC. However, voting on a resolution can be done only by members.<\/i><\/p>\n

The 2014 HRC Resolution on Sri Lanka\u00a0(A\/HRC\/RES\/25\/1)\u00a0was\u00a0sponsored by 38\u00a0States[1]<\/a>.\u00a0The resolution was adopted\u00a0on 26 March\u00a0with 23\u00a0HRC\u00a0members voting for it. It was opposed by 12\u00a0members while 12\u00a0abstained.[2]<\/a><\/i>\u00a0<\/b><\/p>\n

5. WHY is the HRC permitted to adopt country resolutions when countries can do as they wish under the idea of\u00a0\u2018State Sovereignty\u2019?<\/b>\u200b<\/p>\n

The idea of absolute State Sovereignty that existed\u00a0until\u00a0the turn of the Twentieth Century\u00a0is no longer valid. In the UN era, international law deals with very many subjects that were previously dealt with entirely under national\u00a0law. For example,\u00a0family law\u00a0of a country\u00a0was entirely based on law that had evolved at the national\u00a0level. Now, international human rights standards\u00a0on rights of the child and gender equality require that a country’s\u00a0systems of family law should change to be in line with\u00a0international\u00a0standards. When countries legally accept international law standards on any subject\u00a0(e.g. protection of human rights, environmental\u00a0protection, trade), they are obligated under international law to implement\u00a0those standards at the national level. So, State Sovereignty is limited to the extent that a country has undertaken binding obligations under international law.<\/i><\/p>\n

Sri Lanka has undertaken many binding obligations under international human rights law by ratifying (legally accepting) international human rights treaties such as the International \u00a0Covenant on Civil and Political Rights, the International Covenant on Economic, Social and\u00a0 Cultural Rights, the Rights of the Child Convention, Convention on the Elimination of All Forms of Racism, Convention on the Elimination of All Forms of Discrimination Against Women,\u00a0and the International Convention Against Torture.\u00a0Similarly, Sri Lanka has ratified many treaties on the laws of war\u00a0(i.e.\u00a0International\u00a0Humanitarian Law).\u00a0It then follows that\u00a0the UN has the right\u00a0under international law\u00a0to supervise whether Sri Lanka is complying with its international legal obligations. The HRC Resolutions on Sri Lanka were adopted on the basis of that principle.<\/i>\u00a0<\/i><\/p>\n

Sri Lanka has already accepted the right of the UN to scrutinize Sri Lanka\u2019s compliance with its international human rights obligations. Sri Lanka has a long history of submitting periodic reports to UN Treaty Bodies that supervise Sri Lanka\u2019s compliance with international human rights treaties it has ratified. Similarly, Sri Lanka has readily cooperated with the HRC\u2019s Universal Periodic Review process and submitted necessary reports and responses. Sri Lanka also has engaged in legal reform (e.g. amendment to the Citizenship Act to enable a child to obtain citizenship through the mother and the adoption of the Domestic Violence Act) or has established institutions (e.g. the Human Rights Commission of Sri Lanka) in response to recommendations made by UN human rights bodies or as a result of undertakings given by Sri Lanka to such bodies.<\/i><\/p>\n

It must be noted that international human rights law obligations mainly make the State accountable for violations. However, obligations under international humanitarian law\u00a0(laws of war)\u00a0make\u00a0both State\u00a0armed\u00a0forces and also non-State groups such as the LTTE\u00a0accountable for violations.<\/i><\/p>\n

6.<\/i><\/b> WHAT are the issues dealt with by the HRC Resolution on Sri Lanka (2014)?<\/i><\/b><\/p>\n

\u200bThe 2014 resolution follows two previous resolutions on Sri Lanka adopted by the HRC in 2012\u00a0(A\/HRC\/RES\/19\/2) and 2013\u00a0(A\/HRC\/RES\/22\/1).\u00a0The first resolution, it should be noted, was adopted two and a half years after the ending of the civil war in Sri Lanka.<\/i><\/p>\n

All three resolutions focus on promoting reconciliation, accountability and human rights in Sri Lanka\u00a0while\u00a0recognizing Sri Lanka\u2019s sovereignty, independence, unity and territorial integrity. \u00a0As\u00a0the\u00a0three\u00a0resolutions\u00a0are inter-connected, it is difficult to fully understand the 2014 resolution without going through the content of the 2012 and 2013 resolutions.<\/i><\/p>\n

Each of the three\u00a0resolutions points\u00a0out that combating terrorism\u00a0has to be carried out by States within the framework of their international law obligations <\/ins>— <\/ins>in particular,\u00a0obligations under international human rights law, international refugee law and international humanitarian law. The resolutions call on Sri Lanka to take action,\u00a0in accordance with the country\u2019s international law obligations,\u00a0to effectively bring about reconciliation\u00a0within the country\u00a0and accountability for violations of international human rights law and humanitarian law obligations.<\/i><\/p>\n

Let us now examine the three HRC resolutions:<\/i><\/p>\n

a)\u00a0The 2012 resolution<\/i><\/b>[3]<\/i><\/a>\u00a0is extremely brief. It welcomes the positive recommendations made by the Lessons Learnt and Reconciliation Commission (LLRC)\u00a0appointed by the Government of Sri Lanka (GOSL). It\u00a0calls on the GOSL to implement those recommendations and\u00a0additional\u00a0steps that need to be taken under its legal obligations to ensure justice, equity, reconciliation and accountability for all Sri Lankans.\u00a0It points out, however,\u00a0that the LLRC recommendations, while being very constructive on national reconciliation, nevertheless do not adequately deal with the alleged violations of international law in Sri Lanka.<\/i><\/p>\n

<\/i>The Government of Sri\u00a0Lanka\u00a0is called on to prepare a comprehensive action plan\u00a0detailing the steps that it will take to implement\u00a0LLRC recommendations\u00a0and to initiate investigations into alleged violations of international law.\u00a0The High Commissioner for Human Rights and UN experts are called on to provide technical support for those\u00a0purposes to the GOSL with its agreement.\u00a0The Office of the High Commissioner\u00a0 of Human Rights\u00a0(OHCHR)\u00a0is called on to report on the progress made at\u00a0the HRC session to be held\u00a0in March 2013.<\/i><\/p>\n

b)\u00a0The 2013 resolution<\/i><\/b>\u00a0was adopted by the HRC[4]<\/a>\u00a0after examining the report presented to it by the Office of the High Commissioner\u00a0as required by the 2012 resolution. The report of the OHCHR which was presented in February, 2013 was also based on a\u00a0visit\u00a0to Sri Lanka\u00a0by a\u00a0technical mission consisting of OHCHR\u00a0officials. The team visited Sri Lanka in September, 2012\u00a0with the permission of the Government of Sri Lanka. The visit\u00a0was made further to the 2012 resolution which called for the OHCHR to provide technical support\u00a0to the GOSL in fulfilling the recommendations made by the HRC.<\/i><\/p>\n

The report\u00a0concludes that, although Lessons Learnt and Reconciliation Commission\u2019s Recommendations\u00a0offer the promise\u00a0of achieving meaningful\u00a0reconciliation and accountability in Sri Lanka, the Government\u00a0has taken steps to implement only some of those\u00a0recommendations. It further points out that the efforts made by GOSL to inquire into alleged human rights violations lack independence and impartiality\u00a0required to inspire confidence. It then identifies areas on which the Office of the High Commissioner for Human Rights\u00a0can provide technical cooperation to the GOSL,\u00a0and\u00a0goes on to make\u00a0a series of recommendations to improve reconciliation and accountability in Sri Lanka.\u00a0One of the recommendations is to establish a truth-seeking mechanism that will facilitate reconciliation.\u00a0Finally, it calls for\u00a0an independent and credible international investigation into allegations of violations of international human rights law and humanitarian law, while it could also monitor steps taken in Sri Lanka to inquire\u00a0into those allegations.<\/i><\/p>\n

The resolution of 2013 recognizes the positive achievements of the GOSL in rebuilding infrastructure, demining and\u00a0resettling of internally displaced persons. However, it points out\u00a0that the Plan of Action for the implementation of the LLRC recommendations leaves out many important recommendations such as those that call for the credible investigation of involuntary disappearances and extra-judicial killings, improvement of\u00a0the Rule of Law, reaching\u00a0a political settlement on devolution of power,\u00a0and strengthening\u00a0previously independent civil institutions.\u00a0It also notes with concern continuing human rights violations in Sri Lanka\u00a0(after the war ended) \u00a0including intimidation of journalists, extra-judicial killings and enforced\u00a0disappearances, threats to independence of the judiciary and the rule of law, and discrimination on the basis of religion.<\/i><\/p>\n

<\/i>Even though\u00a0the resolution notes\u00a0that the\u00a0High Commissioner\u00a0has called\u00a0for an international investigation,\u00a0it\u00a0calls on the GOSL to carry out a national investigation that is credible and independent. The focus of the resolution is on steps\u00a0that can be taken at the national level — the full implementation of LLRC recommendations and the establishment of a domestic accountability mechanism.\u00a0In achieving those goals, the GOSL is called on to obtain technical assistance from the OHCHR and UN independent experts.<\/i><\/p>\n

The OHCHR is called on to report on progress made to the HRC session in March, 2014.<\/i><\/p>\n

c)\u00a0The 2014 resolution\u00a0was adopted by the HRC on 27 March, 2014\u00a0taking in to consideration\u00a0the report of the High Commissioner, who visited Sri Lanka in August, 2013.<\/i><\/p>\n

Like the previous resolution, the 2014 resolution\u00a0too notes\u00a0certain positive developments in Sri Lanka, but expresses\u00a0concern regarding the continued lack of progress in implementing the\u00a0constructive recommendations of the LLRC that would facilitate reconciliation and accountability.\u00a0Again, the resolution expresses\u00a0serious\u00a0concern\u00a0about\u00a0continued violations of human rights in Sri Lanka including\u00a0extra-judicial killings, enforced disappearances, intimidation of journalists, lawyers and human rights activists,\u00a0and also threats to independence of the judiciary and the rule of law.\u00a0In particular, it expressed alarm about attacks on places of worship of religious minorities in Sri Lanka.<\/i><\/p>\n

In strong terms it reminds Sri Lanka\u00a0of\u00a0the\u00a0legal obligation of States under relevant international law\u00a0to prosecute\u00a0those responsible for serious violations\u00a0of human\u00a0rights and humanitarian law which\u00a0amount to international crimes, and recalls\u00a0the conclusion of the High Commissioner that national processes in Sri Lanka have\u00a0thus far\u00a0failed to deliver justice.\u00a0The language of this resolution is more specific and firm.<\/i><\/p>\n

Once again,\u00a0through this resolution, the HRC calls\u00a0on Sri Lanka to establish a credible and independent national investigation process in regard to allegations of human rights and humanitarian law violations,\u00a0and to\u00a0hold those responsible accountable for their crimes. The\u00a0resolution goes\u00a0further\u00a0and requires\u00a0the GOSL to stop continuing human rights violations and comply with the recommendations of the High Commissioner\u2019s report.<\/i><\/p>\n

The most distinctive feature of the 2014 resolution is that, unlike in previous resolutions, it permits\u00a0the High Commissioner to\u00a0undertake a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by\u00a0both parties\u00a0in Sri Lanka during the period covered by the LLRC. The investigation is called for\u00a0in order to ensure\u00a0that those who have violated international law are held accountable.\u00a0Sri Lanka is requested to cooperate with the OHCHR in the implementation of the resolution.<\/i><\/p>\n

Under the \u00a0terms of the 2014 resolution, the High Commissioner has to provide an oral report at the twenty seventh\u00a0session of the HRC\u00a0(September, 2014)\u00a0and thereafter a comprehensive report \u00a0and a discussion on the implementation of the resolution at the twenty eighth\u00a0session\u00a0(March, 2015).\u00a0In other words, the HRC review of the situation in Sri Lanka\u00a0based on\u00a0Sri Lanka\u2019s international obligations\u00a0will continue.<\/i><\/p>\n

A review of the three HRC resolutions on Sri Lanka makes it clear that\u00a0what the Government of Sri Lanka\u00a0\u00a0was\u00a0mainly\u00a0required to do was to\u00a0implement the recommendations\u00a0of Sri Lanka\u2019s\u00a0own LLRC,\u00a0including taking\u00a0credible and independent action\u00a0locally\u00a0to investigate and to punish those\u00a0who are found responsible for\u00a0serious human rights violations.\u00a0Similarly, where the allegations of serious violations of international human rights and humanitarian law are concerned, the HRC resolutions\u00a0call to Sri Lanka\u00a0was\u00a0also to\u00a0hold credible\u00a0local\u00a0investigations, even though the High Commissioner had already concluded that an international investigation was necessary. Eventually, it was only in the third resolution (2014) that the HRC decided to request the Office of the High Commissioner for Human Rights\u00a0to itself\u00a0conduct an international investigation. It must be noted that the international investigation is not only in regard to allegations against the GOSL, but\u00a0on allegations against\u00a0both parties\u00a0to Sri Lanka\u2019s\u00a0conflict.<\/i><\/p>\n

It is also noteworthy that unlike\u00a0the 2012 resolution,\u00a0which only focused on past violations, both the 2013 and 2014 resolutions draw\u00a0attention to a growing list of human rights violations in the country,\u00a0including attacks on journalists, religious minorities, independence of the judiciary and the rule of law.<\/i><\/p>\n

7. WHAT is the government\u2019s Response to the 2014 HRC Resolution?<\/b><\/p>\n

The GOSL has\u00a0rejected\u00a0the three\u00a0HRC resolutions and has refused to cooperate with the international investigation to be conducted by the OHCHR. The Permanent Representative of Sri Lanka to the UN in Geneva reiterated the position of the GOSL at the twenty sixth session of the HRC held in June, 2014 that the mandate given to the OHCHR to conduct an international investigation is against the sovereignty and independence of Sri Lanka. The position of the GOSL is that the inquiries carried out by\u00a0the Sri Lanka Army into\u00a0alleged violations and\u00a0the\u00a0work of the\u00a0Disappearances Commission\u00a0are\u00a0adequate local accountability\u00a0measures\u00a0and\u00a0that it (GOSL)\u00a0is\u00a0also\u00a0making satisfactory progress on post-war reconciliation.<\/i><\/p>\n

8.<\/b> WHAT Steps has\u00a0the UN\u00a0Taken to Commence\u00a0the\u00a0International Investigation on Sri Lanka?<\/i><\/b><\/p>\n

The High Commissioner recently announced the appointment of three international experts to\u00a0advise\u00a0and guide\u00a0the OHCHR investigation team. They are Martti Ahtisaari, former President of Finland and Nobel Peace Prize winner; Asma Jahangir, a\u00a0prominent\u00a0human rights lawyer from Pakistan with extensive UN human rights work\u00a0experience; and Sylvia Cartwright, former Governor-General\u00a0of New Zealand and High Court judge.\u00a0Reportedly\u00a0the HRC has informed the GOSL that Sandra Beidas, an experienced\u00a0UN human rights official\u00a0will lead the team consisting of twelve members. The team will\u00a0work under the guidance of the three experts and\u00a0report to the HRC on progress\u00a0made and\u00a0of\u00a0its findings and recommendations.<\/i><\/p>\n

The team\u2019s mandate is\u00a0spelled out in\u00a0paragraph 10\u00a0of the 2014 resolution,\u00a0which is as follows:<\/i><\/p>\n

10.\u00a0Takes note\u00a0<\/i>of the recommendations and conclusions of the High<\/p>\n

Commissioner regarding ongoing human rights violations and the need for an international inquiry mechanism in the absence of a credible national process with tangible results, and requests\u00a0the Office of the High Commissioner:<\/p>\n

(a<\/i>) To monitor the human rights situation in Sri Lanka and to continue to assess<\/p>\n

progress on relevant national processes;<\/p>\n

(b<\/i>) To undertake a comprehensive investigation into alleged serious violations<\/p>\n

and abuses of human rights and related crimes by both parties in Sri Lanka during the\u00a0period covered by the Lessons Learnt and Reconciliation Commission, and to establish the\u00a0facts and circumstances of such alleged violations and of the crimes perpetrated with a view to avoiding impunity and ensuring accountability, with assistance from relevant experts and special\u00a0procedures mandate holders;<\/p>\n

(c<\/i>) To present an oral update to the Human Rights Council at its twenty-seventh\u00a0session, and a comprehensive report followed by a discussion on the implementation of the\u00a0present resolution at its twenty-eighth session; <\/i><\/p>\n

Whether or not Sri Lanka cooperates with the international investigation, the OHCHR will proceed with its work as mandated and present its report to the HRC. The HRC will discuss the report (Sri Lanka will have the right to respond) and decide on whether it will be adopted or not. If the report is adopted and there are findings that Sri Lanka is responsible for violations under its international human rights law obligations, Sri Lanka will be legally obligated to take corrective measures. Non-compliance will result in international law violations that could pave the way for international sanctions.<\/i><\/p>\n

9. WHAT is the Role of Citizens of Sri Lanka in relation to HRC resolutions<\/b>?<\/b><\/p>\n

As citizens of Sri Lanka, in whom sovereignty lies (Article 3 of the 1978 Constitution), we should be the key players in regard to all public matters affecting us. If we\u00a0are mere observers of events and do not voice our opinions and demands, we have failed\u00a0by\u00a0both our rights and duties as citizens, and indeed our society. What we need to do is to constantly inform ourselves of current happenings and ask questions such as how? and why? a given situation has arisen.\u00a0We have to then form opinions and articulate them\u00a0publicly through various means\u2014e.g.\u00a0through various civic\u00a0organizations, by writing to newspapers and\/or political representatives.<\/p>\n

Following are some pertinent questions, among many others, we may ask ourselves:<\/p>\n

i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 What caused the HRC to focus on the human rights situation in Sri Lanka?<\/p>\n

ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 What is the legal basis for HRC resolutions?<\/p>\n

iii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 How best could Sri Lanka have avoided the prolongation of the HRC process on Sri Lanka?<\/p>\n

iv)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 What was the mandate of the LLRC and what are its recommendations?<\/p>\n

v)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 What should have been done by the GOSL to effectively implement those recommendations?<\/p>\n

vi)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 How could a credible and independent investigative process to investigation serious violations of international human rights and humanitarian law have been established in Sri Lanka? Who could we have thought of as nominees to serve on such a body?<\/p>\n

vii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Is it too late now to call for the establishment of such a body?<\/p>\n

viii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 What would be the legal and political consequences of Sri Lanka not cooperating with the international investigation?<\/p>\n

ix)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Would things get worse for Sri Lanka internationally in the face of emerging issues such as attacks against religious minorities? Would Sri Lanka be believed when it says it is dealing with reconciliation successfully, when incidents like that take place in the country?<\/p>\n

x)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Would it not be better for Sri Lanka to put things right within the country\u2014address past and present human rights issues in a manner that builds confidence both locally and internationally?<\/p>\n

xi)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Aren\u2019t we the ones who stand to benefit, with or without HRC resolutions, if those issues are effectively dealt with by the GOSL under the rule of law?<\/p>\n

POSTSCRIPT<\/b>:<\/p>\n

Recently, the President extended the mandate of the existing Disappearances Commission to look into a far wider range of issues, and has appointed three international experts to advise it.\u00a0\u00a0The background is as follows.\u00a0In August 2013 the President set\u00a0up a three-member Commission of Inquiry, headed by Mr Maxwell P.\u00a0Paranagama,\u00a0to inquire into complaints regarding\u00a0missing persons. It has held public hearings in the north and east and has received\u00a0over 19,000 complaints, of which the Commission has\u00a0reportedly been able\u00a0so far to interview\u00a0less\u00a0than five hundred.\u00a0The mandate of this Commission has now, by gazette notification of 15 July 2014, been\u00a0expanded by the President to\u00a0look into allegations of war crimes and violations of international law in the last stages of the conflict. This is a vast and complex area, and though the allegations certainly need investigation,\u00a0adding it to the task of\u00a0the already heavily burdened Missing Persons Commission appears to be a hasty and ill-thought out step. Moreover, by diluting and expanding the original\u00a0function of this Commission, it is likely to impede\u00a0even further the investigation into missing persons,\u00a0thereby\u00a0adding\u00a0to the\u00a0anguish\u00a0of the thousands of\u00a0long-suffering persons\u00a0who\u00a0desperately need – and have a right to know –\u00a0the fate of their family members. It would have been far better if a separate body was appointed to take on the task of inquiring into allegations of war crimes and violations of international law.<\/p>\n

Jayantha Dhanapala, Dr. Deepika Udagama,\u00a0<\/b>Ms.\u00a0Manouri \u00a0Muttettuwegama, Ms.\u00a0Suriya Wickremasinghe<\/b><\/p>\n

On behalf of Friday Forum, the Group of Concerned Citizens <\/i><\/p>\n

Mr. Jayantha Dhanapala, Dr. Deepika Udagama, Ms.\u00a0Manouri \u00a0Muttettuwegama, Ms.\u00a0Suriya Wickremasinghe, Mr.\u00a0Tissa Jayatilaka, Professor Arjuna Aluwihare, \u00a0Rev. Dr. Jayasiri Peiris,\u00a0Mr. Javid Yusuf, Dr. G. Usvatte-aratchi, Ms. Shanthi Dias, \u00a0Professor \u00a0Camena Guneratne,\u00a0Mr. Faiz-ur Rahman, Rt. Reverend Duleep de Chickera, \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Ms, Damaris Wickremesekera, Proessor Ranjini Obeyesekere, Dr. Jayampathy Wickramaratne, Ms. Radhika Coomaraswamy, Mr. J.C. Weliamuna, Dr.Upatissa Pethiyagoda, Dr. Selvy Thiruchandran, Dr A.C.Visvalingam, <\/b>Mr. <\/b>D Wijayanandana, Mr. Ahilan Kadirgamar,\u00a0Professor Savitri Goonesekere, Dr. Devanesan Nesiah, Mr. Danesh Casie-Chetty, \u00a0Mr. Chandra Jayaratne<\/p>\n

 <\/p>\n


<\/p>\n
\n
\n

[1]<\/a>\u00a0 Sponsors: <\/span><\/b>Albania,* Austria, Belgium,* Bulgaria,* Canada,* Croatia,* Cyprus,* Denmark,* Estonia, Finland,* France, Georgia,* Germany, Greece,* Hungary,* Iceland,* Ireland, Italy, Latvia,* Liechtenstein,* Lithuania,* Luxembourg,* Mauritius,* Montenegro, Netherlands,* Norway,* Poland,* Portugal,* Romania, Saint Kitts and Nevis,* Sierra Leone, Slovakia,* Spain,* Sweden,* Switzerland,* the former Yugoslav Republic of Macedonia, United Kingdom of Great Britain and Northern Ireland, United States of America (* denotes non-members of HRC)<\/p>\n<\/div>\n

\n

[2]<\/a> In favour<\/span><\/b>: Argentina, Austria, Benin, Botswana, Brazil, Chile, Costa Rica, C\u00f4te d\u2019Ivoire, Czech Republic, Estonia, France, Germany, Ireland, Italy, Mexico, Montenegro, Peru, Republic of Korea, Romania, Sierra Leone, the former Yugoslav Republic of Macedonia, United Kingdom of Great Britain and Northern Ireland, United States of America<\/p>\n

Against<\/span><\/b>: Algeria, China, Congo, Cuba, Kenya, Maldives, Pakistan, Russian Federation, Saudi Arabia, United Arab Emirates, Venezuela (Bolivarian Republic of), Viet Nam<\/p>\n

Abstaining<\/span><\/b>: Burkina Faso, Ethiopia, Gabon, India, Indonesia, Japan, Kazakhstan, Kuwait, Morocco, Namibia, Philippines, South Africa<\/p>\n<\/div>\n

\n

[3]<\/a> In favour<\/span><\/b>: Austria, Belgium, Benin, Cameroon, Chile, Costa Rica, Czech Republic, Guatemala, Hungary, India, Italy, Libya, Mauritius, Mexico, Nigeria, Norway, Peru, Poland, Republic of Moldova, Romania, Spain, Switzerland, United States of America, Uruguay<\/p>\n

Against<\/span><\/b>:\u00a0 Bangladesh, China, Congo, Cuba, Ecuador, Indonesia, Kuwait, Maldives, Mauritania, Philippines, Qatar, Russian Federation, Saudi Arabia, Thailand, Uganda<\/p>\n

Abstaining<\/span><\/b>: Angola, Botswana, Burkina Faso, Djibouti, Jordan, Kyrgyzstan, Malaysia, Senegal<\/p>\n<\/div>\n

\n

[4]<\/a>In favour<\/span><\/i><\/b>: Argentina, Austria, Benin, Brazil, Chile, Costa Rica, C\u00f4te d\u2019Ivoire, Czech Republic, Estonia, Germany, Guatemala, India, Ireland, Italy, Libya, Montenegro, Peru, Poland, Republic of Korea, Republic of Moldova, Romania, Sierra Leone, Spain, Switzerland, United States of America<\/p>\n

Against<\/span><\/i><\/b>: <\/span><\/b>Congo, Ecuador, Indonesia, Kuwait, Maldives, Mauritania, Pakistan, Philippines, Qatar, Thailand, Uganda, United Arab Emirates, Venezuela (Bolivarian Republic of) <\/b><\/p>\n

Abstaining<\/span><\/i><\/b>: Angola, Botswana, Burkina Faso, Ethiopia, Japan, Kazakhstan, Kenya, Malaysia<\/p>\n

 <\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

[…]<\/p>\n","protected":false},"author":22,"featured_media":129044,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,46,8],"tags":[],"class_list":["post-129043","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-colombotelegraph","category-constitutional-reforms","category-editorial"],"yoast_head":"\nThe UN Investigation Into Human Rights In Sri Lanka; Its Legal Basis, Nature And Scope - Colombo Telegraph<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.colombotelegraph.com\/index.php\/the-un-investigation-into-human-rights-in-sri-lanka-its-legal-basis-nature-and-scope\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The UN Investigation Into Human Rights In Sri Lanka; 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