U.S. to bring new human rights resolution against Sri Lanka

[agamdilawari]

COLOMBO: The US will bring a fresh resolution to the UN Human Rights Council in a bid to force Sri Lanka to deliver on promises to probe its troops for war crimes, top US diplomats announced Monday after talks with Colombo.

"The US has decided to sponsor a procedural resolution (against Sri Lanka) at the March 2013 sessions of the UNHRC," Deputy Assistant Secretary of State James Moore said.

The US recognised Sri Lanka had made "some progress" since the previous US-led censure of Sri Lanka at the March 2012 UNHRC sessions in Geneva, but Washington believed more needed to be done, Moore said.

"The US and the other 23 members of the UNHRC who voted for that resolution in 2012 believe that the government of Sri Lanka needs to fulfil its commitments made to its own people," Moore said.

He added that the fresh resolution to be moved in March was a reflection of "US commitment" to the people of Sri Lanka which emerged from nearly 37 years of ethnic bloodshed in May 2009 after security forces crushed Tamil rebels.

The US has been highly critical of Sri Lanka's human rights record and has refused to train several of its senior military officers, saying they were linked to credible allegations of war crimes and crimes against humanity.

Another top US diplomat, Deputy Assistant Secretary of Defence Vikram Singh, said the US wanted to keep Sri Lanka's case fresh at Geneva by moving a new resolution against the Indian Ocean island.

He said the government's impeachment of the country's chief justice, despite two court rulings that the process was illegal and against the constitution, also contributed to the US decision for a fresh resolution.

"It is safe to say that the impeachment of the Chief Justice also contributed to the decision to ensure that the record (against Sri Lanka) stays fresh in Geneva," Singh told reporters in Colombo.

The US has asked Sri Lanka to reconsider the sacking of Shirani Bandaranayake following an international outcry over the impeachment earlier this month, in what activists have said was an assault on the independence of the judiciary.

The US delegation, which also included Deputy Assistant Secretary of State for Human Rights and Labour Jane Zimmerman, said the US recognised that reconciliation was hard after decades of ethnic strife, but that more progress had to be made.

Sri Lanka has been accused of killing up to 40,000 civilians in the final months of fighting separatist Tamil rebels who were known for their trade mark suicide bombings. Colombo has denied any civilians were killed by its troops.

U.S. to bring new human rights resolution against Sri Lanka | News , International | THE DAILY STAR

 

[HongWu]

First they are defeated in Syria, now they want to bully Sri Lanka. It's time for Sri Lanka to host PLA.

 

[Rajaraja Chola]

And FROM NOW ON POLITICAL JINGOISM WILL START FROM TN. AND COMEDIANS FROM CONGRESS WILL START PERFORMING A DRAMA

 

[Ayush]

@Sinhala.may be you can put some light on this thread.

 

[Sugarcane]

The biggest human right violator is talking about human rights, classy.... isn't it?

 

[Kompromat]

.......and the resoultion will be withdrawn if they refuse the Chinese a naval base

 

[A.Rafay]

@Sinhala.may be you can put some light on this thread.

Maybe he has something Written on his Stone???

 

[notsuperstitious]

I don't see why this is a funny thread or anti-USA thread for some. Not all Tamils are hindu you know.

 

[Sinhala]

@Ayush @A.Rafay I have referenced my stone and I have the following information regarding this issue.......


This is not the first time resolution has been brought against Sri Lanka at the UN. In terms of actual 'action' it doesn't really mean much here. The US is under pressure from faction LTTE members in the US lobbying their governments to take action against Sri Lanka, This US call for 'human rights' in SL is nothing more than a vote grab in the US.

However going from resolution from the past, its more or less inline with action Colombo is going to take regardless of the existence to the resolutions. I.e last resolutions called for the implementation of the LLRC recommendation.

The LLRC report is a 495 page internal government report on the analysis of the final stages of the war, possible human rights violations, and a threat risk assessment and recommended course of government action to minimize and mitigate the threat risk level. On the 16 December 2011 this report was Declassified and released into the public domain, then the UN resolutions just called for the implementation of the recommendation of this report. Which was going to happen anyway, with or without the resolution.
http://www.nytimes.com/2012/03/23/world/asia/rights-body-passes-measure-on-sri-lanka.html?_r=0

This report, called for investigation of specific things, and other reports. Those reports are now starting to come out. Such as the SLA (Sri Lanka Army) released its report a few days ago. I'm pretty sure this new resolution will just call for the implementation of the recommendation in those reports. Which is going to happen anyway. I think the US just wants to look like its doing something.

If you want to see the full LLRC report, ask me, I'll post a link.

 

[Sinhala]

The LRRC report Summary in *** points.

The mandate of the LLRC was as follows:

"To inquire and report on the following matters that may have taken place during the period between 21st February, 2002 and 19th May, 2009, namely:

• The facts and circumstances which led to the failure of the ceasefire agreement operationalized on 21st February, 2002 and the sequence of events that followed thereafter up to the 19th of May, 2009.

• Whether any person, group or institution directly or indirectly bear responsibility in this regard;

• The lessons we would learn from those events and their attendant concern, in order to ensure that there will be no recurrence;

• The methodology whereby restitution to any person affected by those events or their dependants or their heirs, can be affected;
  
  
• The institutional administrative and legislative measured which need to be taken in order or prevent any recurrence of such concerns in the future, and to promote further national unity and the reconciliation among all communities, and to make any such other recommendations with reference to any of the matters that have been inquired into under the terms of the Warrant."

Interim recommendations

In September 2010 the LLRC published its interim recommendations:

• A special mechanism should be created to examine the cases of long term detainees on a case-by-case basis;
• A list of names of those in detention be published;
• Released detainees should be issued with a certificate of discharge so that they are not taken into custody again;
• Delays in the legal system in the combat areas should be looked into;
• The government should issue a clear policy statement that private land will not be used for government backed settlements;
• Illegal armed groups be disarmed (high priority);
• Immediate steps be taken so that the public can communicate with officials and receive documents in a language that they understand;
• Free movement on the A9 highway should be encouraged; and
• There should be better coordination and communication between Government Agent and the security forces in normalising civil administration.

Report Summary, Observation and Recommendation.

Summary

The report provides a detailed analysis of the oral and written representations made to the commission. The 1st chapter gives an introduction to the report and the methodology the commission has used. 2nd chapter is devoted to the 2002 Ceasefire Agreement (CFA). There the commission analyses its background, political and security dimensions and the impact. Commission also tries to evaluate its effectiveness and the reasons which caused its eventual collapse. Next chapter provides an insight into the security forces operations in Eastern and Wanni theaters, with a note about the casualty figures of both security forces and the Liberation Tigers of Tamil Eelam (LTTE). Chapter 4 deals with the Humanitarian law issues pertaining to the conflict. This includes hundreds of eyewitness reports and clarifications of the incidents brought to light. There also is an evaluation of the Sri Lanka experience in the context of allegations of violations of International humanitarian law (IHL). Here the commission concludes that security forces had not deliberately targeted civilians during the final stages of war, but civilian casualties had indeed happened under unavoidable circumstances. Commission also casts doubts about the authenticity of Channel 4 videos.

Chapter 5 deals with the human rights issues arising from the conflict. It analyses the alleged "white van" abductions, unlawful arrests, arbitrary detention and involuntary disappearances. Chapter goes into details of the instances where such incidents have occurred, and blames certain paramilitary groups who allegedly hold the responsibility. Next 2 chapters are devoted to land issues regarding the returning Internally Displaced Persons (IDPs) and restitution/compensatory relief paid out to persons who are affected by the conflict. Chapter 8 talks about the post war reconciliation and alleviating the grievances of affected groups, especially the Sri Lankan Tamil people, in broad terms. The ninth and the final chapter summarizes the principle observations and recommendations made by the commission.


Observations

• The 2002 ceasefire agreement (CFA) which was signed between the Sri Lankan government and LTTE, although brought about a short lived respite to the country, was unstable and eventually unproductive.
• Conceptual flaws and the untenable dual roles of the Government of Norway, as facilitator of the peace process and the head of the Sri Lanka Monitoring Mission paved the way to its failure.
• The military strategy of the Sri Lanka Armed Forces during [[Eelam War IV]] is satisfactory. It gave the highest priority to the protection of civilian population.
• Security Forces had not deliberately targeted civilians in the No Fire Zones (NFZs), which were declared in the final stages of the war.
• Given the complexity of the situation and based on the Principle of Proportionality, commission concluded that the Security Forces were confronted with an unprecedented situation where no other choice was possible other than returning fire into the NFZs in reply to the incoming fire, and all "feasible precautions" that were practicable in the circumstances had been taken. Determining and obtaining of a re-construction of all the conditions under which the "combat action" took place would be "next to impossible".
• Shells had in fact fallen on hospitals causing damage and resulting in civilian casualties. But evidence submitted is equivocal in nature and does not warrant a definitive conclusion that one party or the other was responsible for the shelling.
• Government of Sri Lanka with the co-operation of the aid agencies, has taken all possible steps in getting food, medical supplies and other essential items across to the entrapped civilians. However there appears to have been a paucity of medicines and the medical facilities appear to have been inadequate.
• LTTE was engaged in grave violations of core principles of International humanitarian law (IHL) by using civilians as [[human shield]]s, placing and using military equipment in civilian centres, shooting at civilians trying to escape into safe areas, conscripting young children to engage in combat etc.
• Absence of a proper verification process during the final stages of the war has contributed to the unverified sweeping generalizations of a highly speculative nature, as regards casualty figures.
• There are a number of shortcomings in the existing IHL regime pertaining to internal conflicts involving states and non state armed groups.
• Technical ambiguities, electronic tampering and the artificial construction of the 'blood effect' in the 3 separate videos (originally in [[3GP and 3G2|3GP]] format) that appears in [[Channel 4]] documentary ''Sri Lanka's Killing Fields'', cast significant doubts on their authenticity, leading to questions on whether the incidents are 'real' or 'staged'.
• There was an alarmingly large number of representations made in front of the commission alleging abductions, unlawful arrests, arbitrary detention and involuntary disappearances, regarding which no official action has been taken.
• Programmes in rehabilitation centers for ex-LTTE combatants are conducted in a professional and caring manner.
• The grievances of the Tamil community has been a root cause for the ethnic conflict.
• Along with an independent judiciary and a transparent legal process, strict adherence to the [[rule of law]] is a [[sine qua non]] for peace and stability of the country.
• An independent and permanent Police Commission is a pre-requisite to guarantee the effective functioning of the Sri Lanka Police Service.
• While the distribution of meaningful powers to the periphery is essential, there are powers which form the core responsibilities of the state and which cannot be so devolved, and need to be retained and exercised by the government at the centre.

Recommendation

• Further investigations should be carried out regarding four particular incidents which caused death or injury to civilians, on possible implication of the security forces.
• Necessary investigations should be carried out into specific allegations of disappearances after surrender/arrest, and where such investigations produce evidence of any unlawful act on the part of individual members of the Army, the wrongdoers should be prosecuted and punished.
• Take due account on surrendered LTTE cadres against whom investigations reveal [[prima facie]] material for prosecution.
• IHL regime should take into account the grey areas in the existing legal framework applicable to internal conflicts involving states and non state armed groups.
• A professionally designed household survey should be conducted covering all affected families in all parts of the island to ascertain firsthand the scale and the circumstances of death and injury to civilians, as well as damage to property during the period of the conflict.
• Institute an independent investigation into Channel 4 videos.
• A special commissioner should be appointed to investigate alleged disappearances and provide material to the Attorney general to initiate criminal proceedings as appropriate.
• Death certificates should be issued and monetary recompense should be provided where necessary. Steps should be taken to effectively implement the amendment to the Registration of Deaths Act (2006).
• Appoint an independent advisory committee to monitor and examine detention and arrest of persons under any regulations made under the Public Security Ordinance or the Prevention of Terrorism Act (PTA).
• Domestic legislation should be framed to specifically criminalize enforced or involuntary disappearances.
• Prepare a centralized and comprehensive database containing a list of detainees and make that available to their next of kin.
• All illegal armed groups should be disarmed.
• Grant the legal ownership of land to those who have been resettled.
• In instances where there is prima facie evidence of conscription of children as combatants (by both LTTE and TMVP), any such alleged cases should be investigated and offenders must be brought to justice.
• Increased employment opportunities should be provided to those in the former conflict affected areas.
• An inter-agency task force mandated to addressing the needs of vulnerable groups like women, children, elderly and disabled, must be established.
• Investigate and inquire into alleged incidents of serious violations of human rights including the 2006 Trincomalee massacre and the 2006 massacre of 17 aid workers.
• The land policy of the governments should not be an instrument to effect unnatural changes in the demographic pattern of a given province.
• A National Land Commission (NLC) should be established in order to propose appropriate future national land policy guidelines.
• All political parties should arrive at a bipartisan understanding on national land policy and recognize it as a national issue. Land policy should not be used as a tool to gain narrow political advantage.
• The role and capacity of the Rehabilitation of Persons, Properties and Industries Authority (REPPIA) should be reviewed, giving its primary focus in providing compensatory relief for persons affected by the conflict. Ex-LTTE combatants and next of kin should also be considered eligible for compensatory relief.
• Involvement of the security forces in civilian activities in [[North Eastern Province (Sri Lanka)|North Eastern Province]] should be phased out. Private lands should be used giving reasonable time lines.
• A proper investigation should be carried out on the alleged involvement of Vinayagamoorthy Muralitharan ''alias'' Karuna Amman and Sivanesathurai Chandrakanthan ''alias'' Pillayan in the 1990 massacre of Sri Lankan Police officers.
• A full investigation should be done on the alleged acts of extortion committed by members of the Eelam People's Democratic Party (EPDP).
• Steps should be taken to neutralise the activities of a gang led by a person called Major Seelan in connection with offences of abduction, extortion and robbery using the security forces facilities as a cover.
• Units of the Attorney General's department should be set up in the provinces to guide and advise the Police regarding criminal investigations, prosecutions and other matters touching upon the criminal justice system.
• An independent Public Service Commission should be established without delay to ensure that there is no political interference in the public service.
• A good-faith effort should be taken to develop a consensus on power devolution, building on what exists – both, for maximum possible devolution to the periphery, as well as power sharing at the centre.
• Learning of each other's languages should be made a compulsory part of the school curriculum.
• All Government offices should have Tamil-speaking officers at all times. Police Stations should have bi-lingual officers on a 24-hour basis.
• A proactive policy should be implemented to encourage mixed schools serving children from different ethnic and religious backgrounds.
• Government should engage with the so-called 'hostile diaspora groups' constructively and address their concerns.
• National anthem should be sung simultaneously in two languages to the same tune.
• Laws should be strictly enforced on the instances of hate speech that contributes to communal disharmony.
• A separate event should be set apart on the National Day (4 February) to express solidarity and empathy with all victims of the tragic conflict and pledge the collective commitment to ensure that there should never be such blood-letting in the country again.

Mechanism of Implementation

In October 2010 the government established the Inter-Agency Advisory Committee headed by the then attorney general Mohan Peiris to implement the LLRC's interim recommendations.

On March 13th 2012, the Sri Lankan government released a statement on the formulation of an action plan to implement the recommendations of LLRC.

 

[Mitro]

Sri Lanka IS protected Don't Worry BE Happy Big Daddy "China" Will Take Care .

 

[Sinhala]

Sri Lanka IS protected Don't Worry BE Happy Big Daddy "China" Will Take Care .

Try to avoid posting useless comments.

 

[Mitro]

Why you think its useless comment when we all know that is the US go ahead for the resolution Russia and China will Veto it .

Try to avoid posting useless comments.

 

[Abu Zolfiqar]

close Guantanamo Bay, Bagram and Abu Ghraib and then talk about human rights.

Pakistan must continue to vigorously support Sri Lanka through these times, the same way they've been supportive of us.


USA is flexing her muscles simply b/c the incumbents in Columbo are increasing their ties with the PRC; much to the chagrine of US State Department as well as their coffee-makers (the indian lobby)

 

[aakash_2410]

USA is flexing her muscles simply b/c the incumbents in Columbo are increasing their ties with the PRC; much to the chagrine of US State Department as well as their coffee-makers (the indian lobby)

Coffee Club is a title given to other group of countries. (It's not Indian lobby)

Apparently these are jealous countries. :/ Uniting for Consensus - Wikipedia, the free encyclopedia