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UN wimps out on Sri Lanka
HRT
Philip Alston. Stock ©
6 June 08 - Sri Lanka, where a civil war is raging, was not re-elected to the Human Rights Council last month. But now the Special Rapporteur on extrajudicial executions has accused the UN of doing nothing to put an end to this explosive situation

Isolda Agazzi/Human Rights Tribune - "The eviction of Sri Lanka from the Human Rights Council shows that states cannot use this body to shirk international scrutiny," said Franck Kamunga of the African Democratic Forum on the eve of Colombo’s non re-election to the UN body on May 21st.

The vote represents a victory for regional and international NGOs, who have repeatedly criticised human rights violations by the Sri Lankan government such as forced disappearances, murders and torture. In a spurt of trans-regional solidarity, African NGOs furiously lobbied African states whose lack of support played a key role in its non-election. The decision by Nobel laureate, Archbishop Desmond Tutu of South Africa to publicly oppose Colombo’s candidacy would also have heavily weighed against it.

But Sri Lanka has also been criticised in Geneva. Philip Alston, the Special Rapporteur for extrajudicial executions, presented a report on Tuesday [3 June] to the Human Rights Council – where the four Asian seats up for grabs were taken by Japan, South Korea, Bahrein and Pakistan. His conclusion was irrevocable: none of his recommendations following his visit to Sri Lanka in 2005 had been followed up on, neither by the government nor the Tamil Tigers (LTTE), nor, and this is perhaps more serious, by the UN itself.

Respect of humanitarian law

Sri Lanka plunged into civil war after the government broke a ceasefire in January. According to the Special Rapporteur, with no independent control mechanisms, it is very difficult to get reliable statistics. But murders, by the government and the LTTE, of people suspected of having collaborated with the opposition, have risen dramatically. Journalists and human rights defenders have been threatened and killed, while the national commission tasked with investigating these murders is a puppet of the government. What is worse, according to the NGO Interfaith International, its role is mainly to deflect criticism. The Asian Legal Resource Centre goes further, saying that the protection of witnesses is no longer assured while impunity reigns. The Rapporteur and the NGOs both unanimously criticise the attitude of the government, which tooth and nail opposes the despatch of an international human rights monitoring mission.

“What we are asking is that the government of Colombo cooperate!” said Philip Alston during a round table organised outside the Council. “The crisis in Sri Lanka is serious. I don’t deny the difficulties of the government, nor do I support the tactics of the Tamil Tigers who attack innocent civilians. But this does not authorise the government to use methods which are just as open to criticism.”

Alston is convinced that ”one can conduct a war that respects human rights and international humanitarian law. The latter depends on a fragile balance between humanitarian demands and military imperatives”.

UN Silence

But what shocks Phlip Alston the most is the lack of reaction from the General Assembly and the Human Rights Council. “In 2005 I sounded the alarm. I said that Sri Lanka was on the verge of a major crisis and I indicated to the General Assembly how to avoid the crisis. But nothing was done. My report today offered a new opportunity to act. The international community, including the Council, must clearly signify to the two parties that impunity is not possible and the support or international condemnation depends on respect for human rights”.

His comments were widely reported in the Sri Lankan press, according to Rajiva Wijesinha, Colombo’s representative at the Council, who criticised the Rapporteur for taking a too academic approach, unconnected to reality.

“The Sri Lankan government did not try and discuss the recommendations with me and it has not made any serious effort to resolve problems to resolve human rights problems. It only acted in Geneva to avoid the Council taking any measures against it” replied Philip Alston.

Translated from the French by Claire Doole

 
4 comments   Comment >
Secretariat for Coordinating the Peace Process
UN wimps out on Sri Lanka

The Editor

Human Rights Tribune

Dear Sir

I read with some surprise the article by Isolda Agazzi, under the delightful headline ‘UN wimps out on Sri Lanka’, which appeared in your journal on June 6th. Admittedly the article was translated from the French, but from what appeared it would seem that your writer’s concern for facts and rationality are deficient. She sees Sri Lanka’s failure to be elected to the Human Rights Council as a victory for regional and international NGOs. To whose genius then does she attribute the failure of Spain and East Timor to get elected? Clearly she does not understand how the United Nations works, and that a triumph for some countries, such as the United Kingdom which pipped Spain at the post by a single apparently contested vote, is not a defeat for others. Sadly, stuck in what might be termed a zero sum mentality, she cannot understand what might be described as a win-win situation, in which good friends of Sri Lanka, such as Japan and Pakistan and Bahrain, were elected in our stead, friends who understand our difficulties and will help us to improve our situation whilst not permitting certain selected NGOs and their friends to ride roughshod over us. Ms Agazzi also privileges the comments on Sri Lanka by Philip Alston, who was certainly critical, but was much more critical of NATO in Afghanistan, suggesting that many of those countries who have raised questions about Sri Lanka would, if they valued consistency, also question the activities of those for whom they are responsible. Sri Lanka does not, as it made clear in criticizing the unfair criticism of Italian policy in the speech of Louise Arbour, believe that governments should be held responsible for the aberrations of individuals, unless it is clear that such aberrations are deliberate and constitute policy. We therefore sympathize with the harsh criticism of Mr Alston’s judgment by NATO, even while we sympathize with the victims of NATO excesses, and hope that remedial measures are being taken by those responsible, which should include not just those countries with forces in Afghanistan, but all members of NATO. Ms Abrazzi goes on to quote Mr Alston as claiming that the Sri Lankan government did not try to discuss his recommendations with him. I cannot speak for what happened in 2006, but she should know that Mr Alston has delayed or failed to respond to letters addressed to him in the last year. His lame excuse when I asked him about this was that he was very busy and had no time, and that this position was unpaid. I had to tell him that if he had no time to do a job he should not undertake it. We have made it clear that we would welcome a response to our last letter, but it is entirely up to him whether he wishes to engage or not. We have found that other Special Rapporteurs such as Walter Kalin and Manfred Novak, whilst drawing attention to problems, are anxious to help to improve matters. If Mr Alston insists on being confrontational, so be it. Sri Lanka recognizes areas in which improvement is necessary, but we will not be deflected from dealing with terrorism whilst seeking a pluralistic democratic solution to our problems. We are saddened then by the tendentious attacks of reporters such as Ms Abrazzi, and would suggest that, if she does not understand the dangers of terrorism, she should at least aim for consistency, which Mr Alston at least does, in his aggressively scattershot fashion.

Prof. Rajiva Wijesinha

Secretary General

Secretariat for Coordinating the Peace Process

11 June 2008
telltale
UN wimps out on Sri Lanka

I hope when Nalini says ’it is our country’ she includes the indigenous Tamils of Sri Lanka, as well.If she agrees to be so, then the Tamils must have the same rights as she has to defend herself against a government whose human rights record against the Tamils and those courageous Sinhala brethren was so appaling, the government lost its bid to be a member of the UNHRC. While not condoning violence from any side, Nalini sheds crocodile tears for the bus bomb in Moratuwa, I wonder what she did for the recent claymore attacks on civilians, killing a priest, children and women by the deep penetration unit of the Sri lanka forces or may be the gun trotting para-military Tamil of the Eastern province. If a group of armed men defend themselves or disagree with the government they are branded as terrorist. But if another group of armed men agree, they are deemed something but not terrorists

Nelson Mandela of South Africa and Menachi Begin of Israel both Noble Prize Laureates were at one time branded as terrorist who armed themselves to fight against the tyranny of their oppressors.They became leaders of their own countries.Kosovo liberation army liberated the Kosovans against the tyranny of their government

I wonder if you are aware of the many state sponsored anti-tamil riots where tens of thoudsands of Tamils died, busness premises and the Library torched, which contained 97,000 irreplaceable books burnt supervised by 2 ministers of the government, women raped and children killed and hung, tortured,rendered homeless ending as refugees in their own land and overseas.If you are able, find a book titled " Amounting tragedy of errors" written by Tarci Vittachi about the communal riots of 1958. There are others if you care to, vist www.tamilnation.com

If, as you say no body should intervene what would you say if you were a Jew in the 1930 living in Germany, Hitler sends you to the concentration camps to be gassed just because you were a jew. Would you not call for help expecting someone to help you out of the holocaust?- which the allied forces did in WW II To sum it up let me quote what a British politician said debating the conflict in sri lanka in the Parliament " BUT LET US REMEMBER THAT IT (violence)STARTED WITH THE MAJORITY OPPRESSING THE MINORITY,…. UNLESS THERE IS RECOGNITION OF THAT FACT THERE WILL BE NO PROGRESS". ONLY IN 1976 , 20 YEARS LATER WAS THE LTTE FORMED IN RESPONSE" Hansard 2 May 2007.

8 June 2008
Malin Dharmaratne
We have a right to protect our coutry..

No matter what HRC or anybody say its our country and we are the people who live in it. Its so easy for these outsiders to come and say this and that. for me gorvernment is not perfect but its doing what it has to protect us civilians from LTTE terrorist.

US quite the HRC because it knew it cant protect its people if they try to use normal method with terrorists. As the leading power in the world it first cares about the its people and then what ever.

Thats same step that GOSL is doing.. its damm hard to find LTTE Terrorsist amoung the normal tamil civilian. yesterday they blew two buses filled with people killing around 30 people..

SOOOOOO YOU HRC… We have our own right to protect our self, that what our government is trying to do. WE ARE JUST DEFENDING WHAT IS OUR >> ITS OUR MOTHER LANAKA >>

7 June 2008
SARATHI VP
UN wimps out on Sri Lanka
GREAT NEWS.SUSTAINS HOPES ON THE INT’L HR COMMUNITY!
6 June 2008
 

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