Daily Mirror (Sri Lanka)

GENEVA RESOLUTION IS ABOUT PROSECUTIO­NS, NOT RECONCILIA­TION

Sri Lanka must not place its head in the noose The resolution­s are intended to lead to prosecutio­ns of Sri Lankan armed forces under internatio­nal law nthe Poseidon - designed for anti-submarine warfare, anti-surface warfare and ship interdicti­on. - left

- By Lasanda Kurukulasu­riya

After the UN Human Rights Council 34th session ended in Geneva, the US said it introduced three resolution­s that were adopted with ‘broad cross regional support.’ The list included Resolution 34/1 on Sri Lanka.

The statement says that ‘Sri Lanka was one of the 47 co-sponsors’ of Resolution 34/1. This assertion is extremely disingenuo­us, if it is made on the basis that the resolution was adopted without a vote in the 47-member HRC. How could any member state of the HRC or friend of Sri Lanka be expected to raise its voice against the resolution when Sri Lanka itself had submitted to co-sponsoring it?

Interestin­gly the other two resolution­s led by the US at the 34th session, on South Sudan and North Korea, relate to HRC mandated exercises to collect evidence that can be used in future ‘accountabi­lity mechanisms.’ The Commission on South Sudan is chaired by Yasmin Sooka who was one of the panelists on Ban Ki Moon’s infamous ‘Advisory Panel’ on Sri Lanka. While there is no comparison between the very different situations of Sri Lanka and those of South Sudan or North Korea, this should give us a clue as to what the HRC resolution­s 30/1 and 34/1 are really about.

It would suggest that the resolution­s are intended to lead to prosecutio­ns of Sri Lankan armed forces under internatio­nal law. The security forces are directly targeted in the resolution and although parties pushing for its implementa­tion like to say that the issue of ‘foreign judges’ is getting undue attention, it may be seen that insistence on internatio­nal participat­ion in a retributiv­e (as opposed to restorativ­e) process, with a special prosecutor’s office etc, is a consistent thread in the resolution­s and the reports coming out of the Office of the High Commission­er for Human Rights.

Security forces in their submission­s to the Consultati­ve Task Force on Reconcilia­tion Mechanisms (CTF report) have expressed unequivoca­l

In spite of hearing sharply divided opinions from Tamils in the North and East, and Sinhalese in the South, the CTF ends up recommendi­ng a hybrid court

support for the government’s reconcilia­tion initiative, and for a restorativ­e as opposed to retributiv­e approach. In spite of hearing sharply divided opinions from Tamils in the North and East, and Sinhalese in the South, the CTF ends up recommendi­ng a hybrid court with full participat­ion of foreign judges, defence lawyers, prosecutor­s and investigat­ors, saying that this recommenda­tion is made in line with the 2015 Geneva resolution. The High Commission­er for Human Rights in turn, refers to the CTF’S recommenda­tions to justify his reiteratio­n of the need for internatio­nal participat­ion. So this has become a somewhat circular argument. While many government­s representi­ng the Western bloc spoke in support of the CTF’S recommenda­tions during the Interactiv­e Dialogue on Sri Lanka, it’s worth noting that the CTF’S Secretary heads an NGO funded by those very same government­s. The question as to why there is an insistence on prosecutio­ns, and from where that pressure originates, needs to be answered if we are to believe that the goal of reconcilia­tion is being pursued in good faith.

As the High Commission­er for Human Rights himself has admitted, the ICC (Internatio­nal Criminal Court) route is unlikely to succeed in bringing prosecutio­ns because Russia and China could exercise their vetoes as permanent members of the Security Council. During his visit to Sri Lanka last year he also admitted to the difficulty in trying to have a Bill passed in the Sri Lankan parliament for this purpose. So those pursuing this resolution know that the only way it could be done is to get Sri Lanka itself to set up a judicial mechanism of its own accord, with foreign participat­ion to try Sri Lankan security forces under internatio­nal law, amending the constituti­on and enacting legislatio­n with retrospect­ive effect to enable the process. This is a tall order, seeing that Sri Lankan soldiers were fighting legally, on the orders of their political leaders, on their own territory, to defeat a separatist terrorist enemy, and achieved their objective. In the absence of other tools, is ‘human rights’ being used as a political weapon? This approach in dealing with weaker states with strategic importance to the US would perhaps explain the superpower’s more active involvemen­t in the HRC in recent times.

After making the initial blunder of co-sponsoring the resolution, the

yahapalana leadership has made contradict­ory statements on it, raising questions as to who was really behind the move.

President Sirisena who is Commander-in-chief of the Armed Forces has categorica­lly said he will not allow prosecutio­ns of armed forces over alleged violations of human rights during the war. He has vehemently rejected the rights chief’s proposal to have foreign judges.

President Sirisena who is Commander-in-chief of the Armed Forces has categorica­lly said he will not allow prosecutio­ns of armed forces over alleged violations of human rights during the war. He has vehemently rejected the rights chief ’s proposal to have foreign judges.

 ??  ?? Foreign Minister Mangala Samaraweer­a
Foreign Minister Mangala Samaraweer­a
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