{"id":151267,"date":"2015-09-23T17:51:40","date_gmt":"2015-09-23T12:21:40","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=151267"},"modified":"2015-10-04T07:13:41","modified_gmt":"2015-10-04T01:43:41","slug":"mahinda-rajapaksas-rejection-of-the-un-report","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/mahinda-rajapaksas-rejection-of-the-un-report\/","title":{"rendered":"Mahinda Rajapaksa\u2019s Rejection Of The UN Report!"},"content":{"rendered":"

By Laksiri Fernando<\/span><\/a> –<\/strong><\/p>\n

\"Dr.<\/a>

Dr. Laksiri Fernando<\/p><\/div>\n

Former defeated president, and now a Kurunegala MP, Mahinda Rajapaksa, has issued a statement saying<\/span><\/a>, \u201cI think it would be appropriate to make known to the public my observations on the recently released report on Sri Lanka by the OHCHR.\u201d Of course it is \u2018appropriate,\u2019 but he has not made much observations on the substance of the report going rambling on other matters. He says that \u2018My government did not cooperate with this investigation for many reasons, foremost of which was that it was instituted outside the established procedure of the UN Human Rights Council (UNHRC).\u201d<\/p>\n

If it was proposed to institute \u2018outside the procedure\u2019 (Resolution 25\/1), then it was up to the members of the UNHRC to rectify it, and if his representatives failed to convince about the \u2018correct procedure\u2019 at the Council, then the new procedure has to be accepted as a valid one and deliver his regime\u2019s responsibilities accordingly. This is what he has failed, \u2018for many other reasons,\u2019 among which might be his or his regime\u2019s complicity of \u2018war crimes\u2019 that he is silent about.<\/p>\n

He goes on in his statement to castigate the Office of the Commissioner for Human Rights (OHCHR). To him, \u201cThe OHCHR\u2019s independence is questionable because it is funded for the most part not through the regular budget of the UN but through \u2018voluntary contributions\u2019 from the very Western states that sponsored the resolution against Sri Lanka.\u201d Now MR\u2019s statement is issued, as it says, to the general public in Sri Lanka. It is not relevant for them to know the so-called connection between the funding procedure and the lack of independence of the OHCHR unless it is proven through the substance of the report. It goes on saying \u201cFurthermore all the important staff positions in this body are held by Westerners who make up half the cadre of the OHCHR.\u201d The whole argument brings the OHCHR and the Commissioner into disrepute, and for a former head of state to do so is equal to rejecting the UN institutions in a nihilistic manner.<\/p>\n

\"Mahinda\"<\/a>If there are genuine staffing issues, as it says, in the OHCHR, these could be rectified in a cooperative manner with the Commissioner and those have no relevance in rejecting the UNHRC report. The Commissioner,\u00a0Zeid Ra\u2019ad Al Hussein<\/span><\/a>, cannot be called a \u2018Westerner.\u2019 Ravina Shamdasani, the Special Spokesperson of the OHCHR who came to Sri Lanka recently and gave a well-balanced interview on the report (Sunday Observer<\/em>, 20 September 2015) cannot be called a \u2018Westerner.\u2019 It seems, her \u201ccall for all Sri Lankan\u2019s to study the report in depth\u201d is more valid for our former president.<\/p>\n

The statement goes on to quote the Ambassadors of Pakistan and India, in that order, on what they said when the resolution 25\/1 was discussed in March 2014. Those have no much relevance today.<\/p>\n

What is revealed particularly in respect of Pakistani statement is the cynical attitude towards human rights, which MR seems to share with that Ambassador. What might be more relevant is to state that one of the advisors to the present OHCHR report is none other than the former President of the Human Rights Commission of Pakistan, Ms. Asmar Jahangir.<\/p>\n

The main accusation of MR against the OHCHR report is political which appears in the following paragraph.<\/p>\n

\u201cSome speculate that this report may have been watered down because a new government has been elected to power. If that is true, then the Pakistani Ambassador HE Akram would have been right in telling the UNHRC on 27 March 2014, that this resolution is \u201cAll about politics and not about human rights.\u201d Be that as it may, I don\u2019t see this report as having been watered down. The most that can be done with a report of this nature is to recommend the setting up of a war crimes tribunal and that has been done.\u201d<\/p><\/blockquote>\n

It is not a speculation to say that there is a considerable \u2018change of attitude\u2019 of the OHCHR in the report towards Sri Lanka \u2018because a new government has been elected to power.\u2019 That was part of the mandate for the investigators to report, any progress or otherwise since the last Council. This is not hidden but clearly stated in the report.<\/p>\n

Of course those who consider human rights cynically and consider \u2018human rights only as political weapons\u2019 would naturally consider even the UN organizations to act completely in this manner. I myself was a witness to MR\u2019s cynical attitude towards human rights when he came to Geneva in 1989\/9 period.<\/p>\n

Of course there can be overlaps between \u2018human rights and politics\u2019 even at the UN, particularly at its different forums. We are in a process of evolution. I myself has criticized such occasions. These are matters to be balanced diplomatically and try to get the best out of such situations both for human rights and for a country\u2019s best interests. However, if leaders in such positions like \u2018heads of state\u2019 or \u2018ambassadors\u2019 consider \u201call [these] about politics and not about human rights,\u201d then both human rights and a country\u2019s interests might be in jeopardy. That is exactly was the situation under MR.<\/p>\n

MR\u2019s worry perhaps is understandable when he says, \u201cBe that as it may, I don\u2019t see this report as having been watered down.\u201d It is he who wanted a \u2018watered down\u2019 report at the expense of truth and justice. More so at the expense of the country and the people. However his extended fear is not correct when he says, \u201cThe most that can be done with a report of this nature is to recommend the setting up of a war crimes tribunal and that has been done.\u201d Then he contradicts his assertion with the following statement, \u201cNeither the OHCHR nor the UNHRC has the authority to set up an international war crimes tribunal.\u201d<\/p>\n

There are so much of misconceptions or wilful misrepresentations in the statement. It is said, \u201cSri Lanka cannot be taken before the International Criminal Court (ICC), because we are not a signatory to the Rome Statute under which the ICC functions.\u201d Of course \u2018Sri Lanka\u2019 cannot be taken before the ICC \u2018as a country,\u2019 even if Sri Lanka is a signatory to the ICC. It is the perpetrators of crime who would be taken before the ICC if at all. The ICC has provisions, to take perpetrators before it, under the Prosecutor\u2019s powers, even if the person\u2019s country has not ratified the statutes. The approval of the UN Security Council is not necessary for this purpose. It is clear since 2009 that no one has that intention or basis to take anyone from Sri Lanka to the ICC. But the possibility is still there.<\/p>\n

The whole purpose of investigations for Sri Lanka is \u2018truth, justice and reconciliation.\u2019 I might only add \u2018reform.\u2019 It is primarily as part of justice that war crimes would and should be investigated. That is very clear from the present OHCHR report, whatever its weaknesses or disagreeable observations and recommendations. As part of justice, it is obvious that the international community and the right thinking Sri Lankans want the perpetrators to be punished. In my personal view, some punishments could be commuted, depending on the mandate of the court, if the perpetrators genuinely admit the guilt, repent, apologise and agree to compensate. It was MR who was boasting that he is ready to go to the \u2018electric chair\u2019 although it is well known that even for war crimes, capital punishment is not given. His knowledge of international matters seems to be quite pathetic.<\/p>\n

The statement has made a big fuss about the claim that there are no names mentioned in the report. This is particularly aimed at the present President Maithripala Sirisena. To refute the claim, it says, \u201cBut a prominent journalist D.B.S. Jeyaraj has pointed out that the names of important military personnel and units have in fact been mentioned in the report in a manner designed to incriminate and direct investigations even though those names have not been linked to specific incidents.\u201d Why based on DBS Jeyaraj, if MR has or his \u2018statement writer\u2019 has read the report and understood it correctly? It must be for habitual name dropping.<\/p>\n

The whole exercise of the statement is aimed at two objectives. (1) To refute the positions taken and\/or claims made by the members of the present government in respect of the report, and (2) to create a climate that a major calamity is going to happen to the country as a result of the report. It is on that basis that MR urges the government to reject the report. The pertinent question here is whether Sri Lanka is going to benefit by rejecting the report. On the contrary, constructive or critical engagement is the best and correct policy that Sri Lanka should follow.<\/p>\n

MR has taken some pains, in four long paragraphs, to defend his policies during his tenure, that tantamount to near breakdown of relations with the West (US and EU), even referring to the Rubber-Rice Pact with China in 1952. There is some semblance of balance in his utterances here, perhaps as afterthought. However, what he has terribly failed to understand is that during that period that he refers to, there was no internal war in Sri Lanka, then Ceylon, and there were no major human rights violations or war crimes!<\/p>\n

He has even dropped names (i.e. John Kerry) to say that his relations with the US was good. It is completely erroneous for him or his \u2018statement writers\u2019 to consider, however, that foreign policies of democratic countries are governed by \u201cpurchases made, contracts awarded and opportunities provided for investors.\u201d That understanding about international relations is quite archaic. This also must be the reason that his administration paid millions and millions of dollars to a US lobbying company to improve relations between the US and Sri Lanka without success. Money, Money and Money seem to be his political thinking<\/strong>. No principles. What he has terribly failed to realize or state is that the resolution 25\/1 which gave rise to the present OHCHR report was mooted by the US last year, in March 2014.<\/p>\n

The most habitual for him even in this statement is to consider Sri Lanka as his fiefdom. It is clear from the following sentence.<\/p>\n

\u201cIn ruling a country<\/span>, there are occasions when one has to go against the wishes of powerful nations in order to serve the interests of the people.\u201d (My emphasis).<\/p><\/blockquote>\n

It is the thinking of Muammar Gaddafi or Saddam Hussein. If he were \u2018ruling the country,\u2019 then he is responsible to the people as well as to the international community for what happened during that period in terms of human rights violations and war crimes. If he were to clear his name then he has to come forward and take up the responsibility.<\/p>\n

We are living within a global community. Both international humanitarian law and human rights law are part of the international law to which Sri Lanka has undeniable obligations, moral, customary and legal. The rejection of the report is no excuse from those obligations<\/strong>. It is cynical and undiplomatic. The most positive aspect about the present OHCHR report is that it recommends to investigate the war crimes within the context of human rights violations. That would be the best learning process for Sri Lanka; its political leaders, advisors, the defence forces, the police, the bureaucracy and the people.<\/p>\n","protected":false},"excerpt":{"rendered":"

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