By Political Editor in The Sunday Times, June 25, 2023
Contrary to earlier expectations of a virtual non-event, the United Nations Human Rights Council opened its 53rd session last Monday on a stronger note on Sri Lanka. It was pointedly assertive and dealt with almost all issues.
UN Human Rights High Commissioner Volker Turk who presented the annual report declared, “In Sri Lanka, although the government has regrettably rejected aspects of the Council’s resolutions related to accountability, it has continued to engage with our presence on the ground. Sri Lanka has received a dozen visits by mandate holders in the past decade and I encourage the authorities to implement their recommendations.”
As the sessions went on in Geneva, a stakeholder group that has been mounting pressure on the international community for stronger UNHRC action, was in Washington D.C. A five-member delegation (from the US, the UK and Canada) of the Global Tamil Forum (GTF) held talks with Donald Lu, Assistant Secretary for South and Central Asia Affairs in the State Department.
Lu later tweeted to say, “The US supports accountability and transparency in South Asia.” Assistant Secretary Lu appreciated hearing from the diaspora group GTF on human rights, democracy, and approaches to economic reforms in Sri Lanka.
The delegation also met Beth Van Schaack, Ambassador at large for Criminal Justice. She tweeted after the meeting that “effective consultations on justice include diaspora voices. @State GCG appreciated hearing from @GTFonline on ways to promote accountability, human rights, and democracy in Sri Lanka. During talks with both, the delegation had discussed matters now before the UNHRC. The GTF said its also discussed the “long overdue” Provincial Council elections and urged the United States to call for the full implementation of the 13th Amendment.
In contrast, the core group’s approach appeared more passive and persuasive. Diplomatic circles opined that it was to give time and space for President Ranil Wickremesinghe to deliver. The emphasis on accountability was not just from Human Rights High Commissioner Turk but also from the Core Group of countries on Sri Lanka — Canada, Malawi, Montenegro, North Macedonia, the United Kingdom, and the United States.
Their statement was delivered by Rita French, the UK Ambassador for Human Rights in Geneva. She noted that “We welcome Sri Lanka’s initial steps towards addressing concerns around land returns, long-term detentions, and corruption. These steps can provide a basis to begin a process to protect the rights of all Sri Lankans, from all ethnic and religious communities.”
The core group noted that “We remain concerned by the continued use of the Prevention of Terrorism Act. We acknowledge an ongoing effort to replace the PTA and urge the Government to ensure that terrorism legislation is consistent with Sri Lanka’s international obligations. We also call on the government to protect freedoms of expression and association.”
The group added: “As Sri Lanka takes forward its stated commitment to reconciliation, we stress the importance of transparency, accountability, inclusivity, and of building meaningfully on past work and recommendations that address the root causes of conflicts and impunity.
It is crucial that Sri Lanka safeguards its representative democracy by maintaining voters’ confidence in the country’s electoral systems and ensuring the independence of its institutions and commissions. We call on Sri Lanka to work with the High Commissioner and his office and remain ready to support Sri Lanka in addressing HRC resolution 51/1.”
Sri Lanka Accountability Project
By reference to resolution 51/1 the core group insisted that Sri Lanka should implement the resolution which included the Sri Lanka Accountability Project (SLAP). That mandated the Council “to collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction.”
The government has categorically rejected this resolution stating that this goes beyond the mandate of the Human Rights Council and threatens the sovereignty of Sri Lanka.
Sri Lanka’s Permanent Representative Himalee Arunatilleke, who responded at the opening sessions said that the government was addressing the unprecedented social and economic issues arising from the economic crisis. She said that the government was continuing its focus on the long-term measures towards reconciliation and accountability within the framework of the constitution.”
She also emphasised, “Sri Lanka has reiterated its categoric rejection of the external evidence gathering mechanism established following Resolution 46/1, which will have wide-ranging legal and political implications for all countries.
She disclosed that by the beginning of this year, 92% of Northern and Eastern Provinces’ private lands that had been retained by the military had been released to legitimate civilian owners. An additional 100 acres in Palaly in the Northern Province were released on February 3. Action has also been initiated to restore land ownership of people who had been traditionally occupying and cultivating their lands, but which were declared as forest or wildlife reservations after they were abandoned due to the conflict. A roadmap to remap such areas and grant deeds has been approved by the Cabinet of Ministers.
Envoy Karunatilleke pointed out that the Government was engaging in further consultations with all stakeholders on the draft Anti-Terrorism Bill and receiving views to ensure that it was following international standards while catering to domestic needs. The Anti-Corruption Bill which was gazetted in April aims at further strengthening the activities of the Commission to Investigate Allegations of Bribery and Corruption, towards its functional independence and impartiality. This Bill was challenged in the Supreme Court. The Supreme Court has given its determination, she added……..
Oral update from Deputy UNHRC chief
If one assumed that the core group statement captured what it believed were the ills of Sri Lanka, the United Nations Deputy Human Rights High Commissioner Nada Al-Nashif read out the oral update from the High Commissioner for Human Rights. He was absent for personal reasons. That was a strike on human rights conditions in Sri Lanka. The 51/1 resolution referred to by the core group statement mandated the High Commissioner to give an oral update at the 53rd session and a more detailed written update in September 2023 at the 54th session.
She said the oral update highlights some key developments and trends “from our close monitoring of the situation in Sri Lanka, ahead of the full written update that will be presented to the Council at its 54th session. Sri Lanka has also been reviewed recently through the Universal Periodic Review and by the Human Rights Committee. It added: “The economic crisis continues to have a severe impact on the rights and well-being of many Sri Lankans. Discussions with creditors are underway, and although this year the International Monetary Fund (IMF) approved a financial support package, which is an important first step, it is crucial to ensure that the burden of reforms does not further compound inequalities. …… https://www.sundaytimes.lk/230625/columns/unhrc-indicts-sri-lanka-but-govt-defends-its-position-523858.html
