{"id":175614,"date":"2017-03-28T11:45:23","date_gmt":"2017-03-28T06:15:23","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=175614"},"modified":"2017-04-04T12:21:45","modified_gmt":"2017-04-04T06:51:45","slug":"too-clever-by-half-has-sri-lanka-trapped-itself-in-geneva","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/too-clever-by-half-has-sri-lanka-trapped-itself-in-geneva\/","title":{"rendered":"Too Clever By Half: Has Sri Lanka Trapped Itself In Geneva?"},"content":{"rendered":"

By Sanja De Silva Jayatilleka<\/a> \u2013<\/span><\/strong><\/p>\n

\"\"<\/a>

Sanja De Silva Jayatilleka<\/p><\/div>\n

It\u2019s been 8 years since the war, and Sri Lanka just signed off in Geneva on a resolution that said Zaid al Hussain, the UN High Commissioner for Human Rights should play a strengthened role in Sri Lanka. He might as well sit in Cabinet!\u00a0<\/span><\/p>\n

The new resolution, having praised Sri Lanka for its \u2018positive engagement\u2019 with the Office of the High Commissioner, which then should sit back with a sigh of relief and let this cooperative government do its obedient thing, actually adds a paragraph, specifically for the purpose of instructing Zaid to strengthen his advice and technical assistance. <\/span><\/p>\n

Usually when a country is \u2018in compliance\u2019 as they say, no further strengthening is included in subsequent resolutions. All assistance is covered in a general statement of obtaining technical assistance from the Office of the High Commissioner. So what exactly does \u2018strengthening\u2019 imply?<\/span><\/p>\n

The final paragraph offers a clue. It is a reiteration of the last fabulous resolution (30\/1 of 2015) which \u201cRequests the Office of the High Commissioner to continue to assess progress on the implementation of its recommendations\u201d. <\/span><\/p>\n

Notice that it says \u2018its<\/i><\/b> recommendations\u2019. It\u2019s not<\/i> the operative clauses of the resolution<\/i> that he is meant to monitor but the recommendations of the Office of the High Commissioner! <\/span><\/p>\n

Just to update anyone who is confused about the difference between the UN Human Rights Council and the Office of the High Commissioner, the former is \u201can inter-governmental body within the United Nations system made up of 47 States responsible for the promotion and protection of all human rights around the globe.\u201d We are bound by what it recommends as a member of the United Nations. <\/span><\/p>\n

The High Commissioner, on the other hand is an official appointed by the UN Secretary General. He can make recommendations but we are only bound to be grateful for his efforts, and to consider them favorably. <\/span><\/p>\n

In considering them however, countries like ours, developing countries, have to bear an important factor in mind. The Office of the High Commissioner is \u201cfunded from the United Nations\u00a0regular budget and from voluntary contributions<\/span><\/a>\u00a0from Member States, intergovernmental organizations, foundations and individuals.\u201d <\/span><\/p>\n

Voluntary Contributions are additional funds given by rich<\/i><\/b> countries, which pay for staffers and projects of their choosing. It is inevitable that this introduces a certain lack of impartiality to their work. There have been many suggestions that voluntary contributions should stop and the UN should only use the regular budget. <\/span><\/p>\n

In making his recommendations, the High Commissioner is bound by the General Assembly Resolution 48\/141 that appointed him to:<\/span><\/p>\n

\u201c\u2026Function within the framework of the Charter of the United Nations, the Universal Declaration of Human Rights, 1\/ other international instruments of human rights and international law, including the obligations, within this framework, to respect the sovereignty, territorial integrity and domestic jurisdiction of States\u2026\u201d<\/span><\/p>\n

The High Commissioner is bound by Resolution 48\/141 to act:<\/span><\/p>\n

\u201c\u2026under the direction and authority of the Secretary-General; within the framework of the overall competence, authority and decisions of the General Assembly, the Economic and Social Council and the Commission on Human Rights.\u201d<\/span><\/p>\n

The resolutions further state that his responsibility is:<\/span><\/p>\n

\u201cTo carry out the tasks assigned to him\/her by the competent bodies of the United Nations system in the field of human rights and to make recommendations to them with a view to improving the promotion and protection of all human rights.\u201d <\/span><\/p>\n

So, we are not bound<\/i> by the High Commissioner\u2019s recommendations unless<\/b> we voluntarily co-sign a resolution of the Council, which includes the recommendations of the High Commissioner<\/i>. Which is exactly what Sri Lanka, under this Government, has done, twice over\u2014in 2015 and 2017!<\/span><\/p>\n

The recommendations of this High Commissioner, at the latest session of the Council, includes the following:<\/span><\/p>\n