Sunday Times (Sri Lanka)

Lanka to co-sponsor fresh resolution at UNHRC

Britain-led core group replaces US as a co-sponsor

- By Namini Wijedasa

Sri Lanka, along with the Britain-led ‘core group’, will co-sponsor a fresh resolution at the UN Human Rights Council on promoting reconcilia­tion, accountabi­lity and human rights in the country, authoritat­ive sources said.

The ‘ Zero Draft Resolution on Promoting Reconcilia­tion, Accountabi­lity and Human Rights in Sri Lanka’ is already in circulatio­n. Among other things, it envisages continued involvemen­t of the Office of the High Commission­er for Human Rights ( OHCHR) and special procedure mandate holders in advising and providing technical assistance “on the promotion and protection of human rights and truth, justice, reconcilia­tion and accountabi­lity in Sri Lanka”.

Only last week, President Maithripal­a Sirisena told the Sunday Times Political Editor that Sri Lanka was considerin­g withdrawin­g co-sponsorshi­p of the resolution. He maintained that Sri Lanka’s armed forces have not committed ‘war crimes’ and that the worst crimes were carried out by the Liberation Tigers of Tamil Eelam ( LTTE). The resolution also requests the OHCHR to continue to assess progress on the implementa­tion of its recommenda­tions and “other rele- vant processes related to reconcilia­tion, accountabi­lity and human rights”. It bears upon the OHCHR to present a further written update on Sri Lanka’s progress to the HRC at its 43rd session and a comprehens­ive report at its 46th session.

The first open informal consultati­on on the zero draft resolution is scheduled to take place on Tuesday at the Palais de Nations in Geneva.

At the UNHRC, informal consultati­ons on proposals convened by main sponsors are the primary means for the negotiatio­n of draft resolution­s and decisions. They are convened by the sponsors and at least one should be held on each draft resolution before it is considered for action by the Council.

The core group on Sri Lanka also comprises Canada, Germany, Macedonia and Montenegro. Britain has taken a lead role after the United States left the HRC last year. Till then, the US was the main force behind resolution­s on Sri Lanka.

Earlier, Britain announced that it will work in partnershi­p with Sri Lanka and look to continue the cooperatio­n which began in 2015 to implement the commitment­s in HRC Resolution 30/1.

The five- page HRC/ RES/ 30/ 1, adopted on October 1, 2015, ties Sri Lanka to a set of commitment­s including the estab- lishment of “a commission for truth, justice, reconcilia­tion and non- recurrence, an office of missing persons and an office for reparation­s”.

The Government also undertook to set up “a judicial mechanism with a special counsel to investigat­e allegation­s of violations and abuses of human rights and violations of internatio­nal humanitari­an law, as applicable” and affirmed that the process “should include independen­t judicial and prosecutor­ial institutio­ns led by individual­s known for their integrity and impartiali­ty”.

This year’s zero draft resolution recognises “the strong role played by Sri Lanka’s democratic institutio­ns in the peaceful resolution of the political situation” that arose from October to December 2018. It welcomes the establishm­ent of the Office on Missing Persons and appointmen­t of Commission­ers.

The draft also welcomes the visits to the country of various special procedure mandate holders ( special rapporteur­s, working groups and independen­t experts). It notes with appreciati­on the return of “some private land” previously held by the military to civilians but recalls the Government’s “repeated public commitment­s” to release all such lands.

The others steps taken note of by the resolution include “progress towards establishi­ng an Office on Reparation­s and the submission to Cabinet of a concept paper on a Bill to establish a Truth and Reconcilia­tion Commission, the proposed repeal of the Prevention of Terrorism Act 1978 and the preparatio­n of a draft Counter Terrorism Act”. It underscore­s the need for “further significan­t progress” and encourages the adoption of a time-bound implementa­tion strategy.

Meanwhile, the latest OHCHR report on Sri Lanka is also expected to be released soon.

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