Not referring Sri Lanka to Int’l Criminal Court will embolden Sri Lanka to commit more atrocity crimes against Tamil people without any hesitation, knowing well that they will not have to face justice”— Transnational Government of Tamil Eelam (TGTE)

The UN Human Rights Council adopted a resolution on Sri Lanka calling for Promotion of Reconciliation, Accountability and Human Rights in Sri Lanka.

The Resolution had the support of 22 countries, 11 countries opposed the resolution and 14 Countries, including India, abstained from voting. The abstention of Japan which traditionally supports Sri Lanka is noteworthy.

This is a diplomatic defeat for Sri Lanka in the international arena in recent times. In the past it has skilfully used the “War on Terror ” bogey and employed duplicitous tactics – such as demonstrated by its co-sponsorship of HRC Resolution 30/1 in 2015 which it never implemented while successfully hoodwinking the international community.

Earlier this year, the present UN High Commissioner for Human Rights, along with 4 former High Commissioners, 13 former UN Special Rapporteurs who had visited Sri Lanka, and three members of the Secretary-General’s Panel of Experts on Sri Lanka, called for the referral of Sri Lanka to the International Criminal Court (ICC). The TGTE thanks them for their judicious work.

The TGTE has been calling for Referral of Sri Lanka to the ICC since 2011. During the current session, this call became one of the main positions of the Tamil Political leadership, Tamil Civil Society, Tamil Religious leaders, Tamil Diaspora and the International NGOs. It is noteworthy that, following the passage of the Resolution, Amnesty International indicated that “the member states using the resolution as a basis for …a possible referral to the International Criminal Court”.

It must be stated here that Sri Lanka’s diplomatic defeat does not necessarily translate into justice for Tamils as the UNHRC Resolution leaves accountability to the Sri Lankan state itself.

From a historical perspective, the Resolution must be seen by Tamils as a step backwards. The 2015 Resolution, for instance, called for the participation of Commonwealth and foreign judges, whereas the current resolution leaves accountability exclusively to a domestic mechanism. With respect to the Prevention of Terrorism Act (PTA), which is characterized as an ugly blot in the statute books of any civilized nation, the word “repeal ” which was in the 2015 Resolution, has disappeared from the latest one.

What is also perplexing to us is that, despite the statement by the Deputy High Commissioner for Human Rights, Mehr Khan Williams, that they already had the needed evidence in their possession, there is a clause in the new Resolution calling for… “the Office of the High Commissioner to collect, consolidate, analyse, preserve information and evidence…”. This is a hollow statement which appears to have been included to placate the Tamil victims. There are at present three comprehensive UN reports, namely, the UN Expert Panel Report, the Internal Review Report (aka PETRIE Report) and the OHCHR investigation on Sri Lanka (OISL), all of which clearly point to culpability in international crimes at the highest levels of the Sri Lankan State.

We consider the call in the Resolution seeking the High Commissioner …”to develop possible strategies for future accountability process, for gross violations of international human rights or serious violations of international humanitarian law in Sri Lanka…” as disingenuous.

There is already an explicit call made by the UN High Commissioner for Human Rights, Michelle Bachelet, urging member countries to take action to refer Sri Lanka to the ICC and exercise universal jurisdiction/extra territorial jurisdiction. What is needed for Sri Lanka’s referral to the ICC is not another action plan but political will on the part of member states.

The fact that Sri Lanka has not been referred to the ICC will only serve to embolden Sri Lankan political leaders and their Security Forces leaders to commit more atrocity crimes against Tamil people without any hesitation, knowing well that they will not have to face justice. International community, especially the Core group countries, should seriously consider this risk Tamil people face today and take appropriate steps to protect Tamils by creating international protection mechanisms.

The new UNHRC Resolution goes to demonstrate the challenges faced by non-state nations in obtaining justice ever in forums controlled by formally recognised states. Despite the Right to Self Determination being a fundamental principle, adopted by the United Nations and the world community in the post-Second World War period, its judicious application has been blocked routinely by existing nation states.

Worse still is the fact that nation states do not hesitate to carry out terrible crimes such as genocide and crimes against humanity, reminiscent of the Nazi horrors, under the guise of safeguarding their ‘sovereignty’ and ‘territorial integrity’. Global powers which maintain the rhetoric of human rights and democracy in words continue to turn a blind eye to these crimes when it comes to corresponding deeds on the ground, very often to suit their own geopolitical and economic interests.

At this critical juncture, the TGTE must boldly seek new spaces and new forums to pursue justice. We will return to our earlier initiative of “Victims Driven International Justice” to enable the victims to set up creative other forums to pursue justice. In this regard, we request the UN High Commissioner for Human Rights to share the evidence in her possession with the victims concerned so that they have a certain closure and pursue possible legal actions on their own independent of the UN.

The TGTE is also pursuing legislative efforts in democratic countries to bring the necessary amendments to prevent ‘sovereign immunity’ being adopted as the rationale for offering protection to the states accused of genocide, crimes against humanity and war crimes, through civil proceedings in these states. This initiative will enable victims themselves to use the judicial forums available in the countries where they live to sue the Sri Lankan state for damages. The TGTE calls upon the Tamil diaspora to build coalitions with mainstream civil society and approach host governments to develop strategies to mobilize support for the second initiative above.

We shall continue our quest for accountability in all existing forums such as the ICC, International Court of Justice (ICJ) and the domestic judicial forums of civilized countries under universal jurisdiction, while also seeking new forums where we can bring charges against the Sri Lankan State itself. “Death by a thousand cuts”.

Transnational Government of Tamil Eelam – TGTE

Link: https://www.einpresswire.com/article/537444429/un-resolution-defeat-for-sri-lanka-but-no-justice-for-tamils-tgte

The United States Department Principal Deputy Spokesperson Jalina Porter says that the United Nations Human Rights Council passed a resolution to promote human rights in Sri Lanka and she called on Sri lanka to safeguard rights of ethnic and religios minorities.

“The United States co-sponsored this resolution and together with the international community calls on Sri Lanka to safeguard the rights of ​ethnic and religious minorities, human rights defenders, and civil society actors, and to take credible and meaningful steps to address its past, promote reconciliation, and guarantee equal access to justice for all its people,” she said.

She said that the long-term security and prosperity of Sri Lanka depends on respecting human rights today and committing to peace and reconciliation for the future

We hope to continue working through UN mechanisms and partner countries to support this major step towards accountability, the United States department of state says in its statement which was released on 24^th of March after UN human rights council resolution adapted.

The United States co-sponsored a resolution led by the United Kingdom on “Promoting reconciliation, accountability, and human rights in Sri Lanka.”  The United States, in collaboration with the Sri Lanka Core Group and likeminded countries, worked to include a mandate for OHCHR to collect, analyze and preserve information and evidence and to develop possible strategies for future accountability processes for violations of human rights and international humanitarian law.  We hope to continue working through UN mechanisms and partner countries to support this major step towards accountability, further said.

The UN Human Rights Council approved a mandate on Tuesday (23) to collect information and evidence of war crimes committed during Sri Lanka’s four decades long civil war in which thousands of Tamil civilians killed.

The 47-member council also adopted a resolution to address the “deteriorating situation of human rights in Sri Lanka, including the accelerating militarization of civilian government functions; the erosion of the  independence of the judiciary and key institutions responsible for the promotion and protection of human rights; ongoing impunity and political obstruction of accountability for crimes and human rights violations in “emblematic cases”; policies that adversely affect the right to freedom of religion or belief; increased marginalization of persons belonging to the Tamil and Muslim communities; surveillance and intimidation of civil society; restrictions on media freedom, and shrinking democratic space; restrictions on public memorialization of victims of war, including the destruction of a memorial; arbitrary detentions; alleged torture and other cruel, inhuman degrading treatment or punishment, and sexual and gender based violence; and that these trends threaten to reverse the limited but important gains made in recent years, and risk the recurrence of policies and practices that gave rise to the grave violations of the past.

The resolution called on the office of UN human rights chief Michelle Bachelet to strengthen monitoring and reporting mechanisms on the country’s human rights situation, including ongoing failure to ensure reconciliation and accountability for atrocities committed during the civil war that ended in 2009.

See the full resolution below:

46/… Promoting reconciliation, accountability and human rights in Sri Lanka, The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations, reaffirming the Universal Declaration of Human Rights, and recalling the International Covenants on Human Rights and other relevant instruments,

Recalling Human Rights Council resolutions 19/2 of 22 March 2012, 22/1 of 21 March 2013, 25/1 of 27 March 2014, 30/1 of 1 October 2015, 34/1 of 23 March 2017 and 40/1 of 21 March 2019 on promoting reconciliation, accountability and human rights in Sri Lanka,

Recalling also that, in its resolution S-11/1 of 27 May 2009, the Human Rights Council welcomed the resolve of Sri Lanka to begin a broader dialogue with all parties in order to seek a political settlement and to bring about lasting peace and development in Sri Lanka based on consensus among and respect for the rights of those from all ethnic and religious groups, and endorsed the joint communiqué of 26 May 2009 of the President of Sri Lanka and the Secretary-General, in which the Secretary-General, inter alia, underlined the importance of an accountability process for addressing violations of international humanitarian law and human rights law,

Reaffirming its commitment to the sovereignty, independence, unity and territorial integrity of Sri Lanka,

Reaffirming also that it is the primary responsibility of each State to respect human rights and to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population,

Acknowledging the holding of free and transparent democratic elections in November 2019 and August 2020,

Noting the enactment of the twentieth amendment to the Constitution of Sri Lanka, while stressing the importance of democratic governance and independent oversight of key institutions,

Calling upon the Government of Sri Lanka to fulfil its commitments on the devolution of political authority, which is integral to reconciliation and the full enjoyment of human rights by all members of its population, and encouraging the Government to respect local governance, including through the holding of elections for provincial councils, and to ensure that all provincial councils, including the northern and eastern provincial councils, are able to operate effectively, in accordance with the thirteenth amendment to the Constitution of Sri Lanka,

Reaffirming that all individuals in Sri Lanka are entitled to the full enjoyment of their human rights without distinction of any kind such as religion, belief or ethnic origin, and the importance of a peaceful and unified land to the enjoyment of human rights,

Acknowledging the progress made by the Government of Sri Lanka in rebuilding infrastructure, demining, land return, resettling internally displaced persons and improving livelihoods, and encouraging further efforts in these areas,

Welcoming the continued commitment of the Government of Sri Lanka to remain engaged with and to seek the assistance of the United Nations and its agencies, including human rights mandates and mechanisms, in capacity-building and technical assistance, and to achieve sustainable peace,

Reaffirming its unequivocal condemnation of all acts, methods and practices of terrorism, including those committed in Sri Lanka in April 2019 that led to a large number of injuries and deaths, and reaffirming also that all measures taken to combat terrorism must

fully comply with States’ obligations under international law, in particular international human rights law, and, as applicable, international refugee law and international humanitarian law,

Emphasizing the importance of a comprehensive approach to dealing with the past, incorporating judicial and non-judicial measures, to ensure accountability, to serve justice, to provide remedies to victims, to avoid the recurrence of violations of human rights and to promote healing and reconciliation,

Recognizing that mechanisms to redress past abuses and violations work best when they are independent, impartial and transparent, and use consultative and participatory methods that include the views of all relevant stakeholders, including, but not limited to,

victims, women, youth, representatives of various religions, ethnicities and geographic locations, as well as people from marginalized groups,

Recalling the responsibility of States to comply with their relevant obligations under human rights law and international humanitarian law, including, where applicable, to prosecute those responsible for gross violations of human rights law or serious violations of international humanitarian law, Noting with appreciation the work of the Office of the United Nations High Commissioner for Human Rights towards the promotion and protection of human rights and truth, justice, reconciliation and accountability in Sri Lanka,

1. Welcomes the oral update presented by the United Nations High Commissioner for Human Rights to the Human Rights Council at its forty-third session and the report of Office of the United Nations High Commission for Human Rights presented to the Council at its forty-sixth session;

2. Also welcomes the engagement of the Government of Sri Lanka with the Office of the High Commissioner and the special procedures of the Human Rights Council, urges the continuation of such engagement and dialogue, and calls upon Sri Lanka to implement the recommendations made by the Office and to give due consideration to the recommendations made by the special procedures;
3. Acknowledges the progress made by the Office on Missing Persons and the Office for Reparations, and stresses the importance of maintaining support for these institutions, safeguarding their independent and effective functioning, providing both offices with sufficient resources and technical means to effectively fulfil their mandates, allowing them to proceed with interim relief measures for affected vulnerable families, with a gender focus, and resolving the many cases of enforced disappearances so that the families of disappeared persons can know their fate and whereabouts;

4. Stresses the importance of a comprehensive accountability process for all violations and abuses of human rights committed in Sri Lanka by all parties, including those abuses by the Liberation Tigers of Tamil Eelam, as highlighted in the comprehensive report of the Office of the High Commissioner on Sri Lanka;
5. Notes the persistent lack of accountability of domestic mechanisms, that the domestic commission of inquiry announced on 22 January 2021 lacks independence and that its mandate is to review reports of previous commissions and committees, and does not include a mandate to pursue accountability for past gross violations of human rights or for serious violations of international humanitarian law;
6. Recognizes the importance of preserving and analysing evidence relating to violations and abuses of human rights and related crimes in Sri Lanka with a view to advancing accountability, and decides to strengthen in this regard the capacity of the Office of the High Commissioner 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;
7. Expresses serious concern at the trends emerging over the past year, which represent a clear early warning sign of a deteriorating situation of human rights in Sri Lanka, including the accelerating militarization of civilian government functions; the erosion of the independence of the judiciary and key institutions responsible for the promotion and protection of human rights; ongoing impunity and political obstruction of accountability for crimes and human rights violations in “emblematic cases”; policies that adversely affect the right to freedom of religion or belief; increased marginalization of persons belonging to the Tamil and Muslim communities; surveillance and intimidation of civil society; restrictions on media freedom, and shrinking democratic space; restrictions on public memorialization of victims of war, including the destruction of a memorial; arbitrary detentions; alleged torture and other cruel, inhuman degrading treatment or punishment, and sexual and gender based violence; and that these trends threaten to reverse the limited but important gains made in recent years, and risk the recurrence of policies and practices that gave rise to the grave violations of the past;

8. Expresses further concern that the response to the coronavirus disease (COVID-19) pandemic has had an impact on freedom of religion or belief and exacerbated the prevailing marginalization of and discrimination against the Muslim community, and that

cremations for those deceased from COVID-19 have prevented Muslims and members of other religions from practicing their own burial religious rites, and has disproportionately affected religious minorities and exacerbated distress and tensions;

9. Calls upon the Government of Sri Lanka to ensure the prompt, thorough and impartial investigation and, if warranted, prosecution of all alleged crimes relating to human rights violations and serious violations of international humanitarian law, including for long standing emblematic cases;
10. Also calls upon the Government of Sri Lanka to ensure the effective and independent functioning of the Human Rights Commission of Sri Lanka, the Office on Missing Persons and the Office for Reparations to deliver on their respective mandates as established;

11. Further calls upon the Government of Sri Lanka to protect civil society actors, including human rights defenders, to investigate any attacks and to ensure a safe and enabling environment in which civil society can operate free from hindrance, surveillance, insecurity and threat of reprisals;

12. Requests the Government of Sri Lanka to review the Prevention of Terrorism Act, and to ensure that any legislation on combating terrorism complies fully with the State’s international human rights and humanitarian law obligations;
13. Urges the Government of Sri Lanka to foster freedom of religion or belief and pluralism by promoting the ability of all religious communities to manifest their religion, and to contribute openly and on an equal footing to society;
14. Encourages the Government of Sri Lanka to continue to cooperate with the special procedures of the Human Rights Council, including by responding formally to outstanding requests from them;
15. Encourages the Office of the High Commissioner and relevant special procedure mandate holders to provide, in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical assistance on implementing the above mentioned steps;
16. Requests the Office of the High Commissioner to enhance its monitoring and reporting on the situation of human rights in Sri Lanka, including on progress in reconciliation and accountability, and to present an oral update to the Human Rights Council at its forty-eighth session, and a written update at its forty-ninth session and a comprehensive report that includes further options for advancing accountability at its fifty-first session, both to be discussed in the context of an interactive dialogue.

A new UN resolution on Sri Lanka is an important step forward and offers renewed hope of long-awaited justice for victims of the country’s 30-year civil conflict, said Amnesty International, following its adoption by the Human Rights Council (UNHRC) today.

The full statement as follows,

The resolution not only ramps up international monitoring and scrutiny of the human rights situation in Sri Lanka, but also mandates the UN human rights office to collect, consolidate and preserve evidence for future prosecutions and make recommendations to the international community on steps they can make to deliver on justice and accountability. 

“This is a significant move by the Human Rights Council, which signals a shift in approach by the international community. Years of support and encouragement to Sri Lanka to pursue justice at the national level achieved nothing. This resolution should send a clear message to perpetrators of past and current crimes that they cannot continue to act with impunity,” said Hilary Power, Amnesty International’s representative to the UN in Geneva. 

“While an important first step, the real impact of further monitoring and reporting will rely on other UN member states using the resolution as a basis for concrete action, including investigations and prosecutions under universal jurisdiction and a possible referral to the International Criminal Court.” 

The resolution was adopted in light of what the UN human rights chief described as “insurmountable barriers for victims to access justice” at national level, and the “inability and unwillingness” of the Government to prosecute and punish perpetrators of crimes under international law. 

The resolution comes in the wake of damning reports by the UN Office of the High Commissioner for Human Rights (OHCHR), Amnesty International and others, condemning Sri Lanka’s ongoing refusal to address historic crimes and expressing alarm over the deteriorating outlook for human rights in the country. 

As the resolution was being negotiated in Geneva, Sri Lanka continued to issue blanket denials and reject the findings and legitimacy of the UN report. In the meantime, at home the authorities continued to prove the concerns valid, passing new regulations that target minorities. 

“We urge Sri Lanka to engage constructively with the OHCHR, to implement the recommendations of the report and to allow full and unfettered access to the country. Failing this, the Human Rights Council may take more robust action, including the establishment of an independent accountability mechanism,” said Hilary Power. 

Background 

Today’s resolution was adopted by a vote, called by China and Pakistan. The resolution was led by Canada, Germany, Malawi, Montenegro, North Macedonia, and the United Kingdom.  

In February 2020, the Sri Lankan government withdrew from the UN Human Rights Council’s landmark resolution 30/1, which the previous government had co-sponsored, to promote reconciliation, accountability and human rights in the country. 

Amnesty International estimates that more than 60,000 people disappeared during Sri Lanka’s 30-year civil conflict. Consecutive UN investigations have found credible allegations of violations and abuses of international human rights and international humanitarian law by both sides, particularly during the final phase of the conflict. 

The resolution responds to an OHCHR report released in January, which warned that Sri Lanka’s persistent failure to address historic crimes is giving way to ‘clear early warning signs of a deteriorating human rights situation and a significantly heightened risk of future violations,’ and made concrete recommendations for “preventive action” for the Human Rights Council, including enhanced monitoring and reporting, and the collection and preservation of evidence, which have been mandated by this resolution.  

Prior to the UNHRC session, Amnesty International published an assessment of the situation in Sri Lanka, setting out clear expectations for UNHRC action. Amnesty International also released a report in February, Old ghosts in new garb: Sri Lanka’s return to fear, which details the authorities’ renewed crackdown on dissent and obstruction of efforts to deliver justice for conflict-era crimes, and a statement in March around the worrying trend of increased marginalization and targeting of Sri Lanka’s Muslim community. 

UK’s Home Secretary Priti Patel has been ordered by a secretive tribunal to review the ban on the Liberation Tigers of Tamil Eelam (LTTE), the Daily Mail reported

The Proscribed Organisations Appeal Commission (POAC), an independent body set up under the 2000 Terrorism Act, ruled that the Home Secretary must consider taking the Tamil Tigers off the Government’s list of outlawed bodies.

The LTTE, founded in Sri Lanka in 1976. The UK banned the group, formally known as the Liberation Tigers of Tamil Eelam (LTTE), in 2001.

But the Trans-national Government of Tamil Eelam (TGTE) brought a case against the Home Secretary over the ban, saying the Tamil Tigers are no longer engaged in terrorism.

However, the Joint Terrorism Analysis Centre (JTAC), which assesses the terrorist threat in the UK, said the Tamil Tigers should stay banned because they have failed to renounce violence.

The POAC ruled that Ms Patel must review the ban, saying the grounds for renewing it were flawed.

The TGTE has mounted a separate bid in the Court of Appeal to get the ban automatically lifted.

The Home Office said: ‘We accept POAC’s judgment … and await the appellant’s final response on this. The LTTE remains a proscribed organisation at this time.’

The Leader of the British Liberal Democrats and parliamentarian, Mr Ed Davey says in his letter, written on 11th of March 2021, “Include a recommendation to refer the Sri Lankan situation to the International Criminal Court to investigate and prosecute serious international crimes committed in Sri Lanka against the Tamils.”

See the full letter below:

Rt Hon Boris Johnson MP
The Prime Minister
10 Downing Street
London, SW1A 2AA

11th March 2021

Dear Prime Minister,

I am writing to share my concerns about the draft resolution on Sri Lanka that the FCDO has tabled for approval by the UN Human Rights Council on 24th March.

Time and again, the UK has played a vital role in leading collective action on international accountability in Sri Lanka. At the 46th session of the UN Human Rights Council, which is currently underway, the UK has a real opportunity to continue in this proud tradition.

But unfortunately, the draft resolution completely fails to rise to this challenge. As it stands, the draft resolution is too vague and lacks robust commitment to international accountability mechanisms.

It also fails to incorporate the recommendations laid out in the UN High Commissioner for Human Rights’ report on Sri Lanka that was published earlier this year. The High Commissioner portrayed a damning picture of the situation in Sri Lanka, making it clear that domestic mechanisms for reconciliation, accountability and human rights have drastically eroded in the past few years.

Many Tamil groups across the UK have been calling on your Government to take urgent action to ensure that the UN Human Rights Council resolution is robust enough to ensure that those responsible are held accountable for crimes and human rights abuses committed against the Tamils.

I am aware that the Sri Lanka Core Group will be meeting imminently, to discuss the draft resolution. As such, I am urging you to personally ensure that the draft resolution is immediately rewritten to:

• Include a recommendation to refer the Sri Lankan situation to the International Criminal Court to investigate and prosecute serious international crimes committed in Sri Lanka against the Tamils;

• Establish a proper International Independent Investigative Mechanism relating to Sri Lanka to collect evidence and prepare files for prosecution;

• Incorporate the High Commissioner’s recommendations from her January 2021 report, particularly her view that the principles of universal and extraterritorial jurisdiction must apply to the actions of the Sri Lankan government and military; and

• Take a strong stance on prevention, including tangible measures to support and protect civil society groups and human rights defenders who are working on the ground in Sri Lanka.

It has never been more important for the UK to lead strong collective action on accountability and reconciliation in Sri Lanka — and a comprehensive, robust Human Rights Council resolution is an important first step. I implore you to do everything in your power to make this happen.

Thank you, and I hope to receive a positive reply from you soon.

Yours sincerely,
Ed Davey MP
Leader of the Liberal Democrats

CC Rt Hon Dominic Raab MP, Secretary of State for Foreign, Commonwealth and Development Affair

British MPs are to hold a general debate on the motion on the UK’s commitment to reconciliation, accountability and human rights in Sri Lanka. The UK Parliament announced that the general debate will be held in the Chamber on Thursday 18th March.

This debate was put forward by backbench MPs Siobhain McDonagh, Elliot Colburn and Sir Edward Davey.

The British Tamil diaspora are urged to contact their regional MPs to engage in the upcoming debate so that the accountability of the victims of the Sri Lankan state’s human right violations, war crimes and genocide are ensured.