Sri Lanka caves in and abandons defiant stance at UNHRC - D.B.S. Jeyaraj

Facing defeat in Geneva Sri Lanka caves in and abandons defiant stance at UNHRC

21 March 2012, 10:40 pm
by D.B.S. Jeyaraj
In a dramatic reversal, Sri Lanka has abandoned its earlier strategy of adopting a principled
position and has now compromised its stance towards the draft resolution tabled by the United
States of America regarding the Island nation at the 19th session of the United Nations Human
Rights Council (UNHRC)in Geneva.

Sri Lanka under the leadership and direction of President Mahinda Rajapaksa has been refusing to
compromise in any way with the USA on this matter and has instead been lobbying strenuously on
the basis of important principles among the 47 member states of the UNHRC.

President Rajapaksa has given clear instructions to senior officials at Sri Lankas ministry of
External Affairs that the Country should adopt a principled position and resist the US action
rather than cave into American diktat by compromising.

“It does not matter even if we lose but we must go down fighting” the President has reportedly
stated.

President Rajapaksa had maintained this stance even after Indian Prime Minister Manmohan Singh
announced in the Indian Parliament that India was “inclined to vote in favour of A resolution on
Sri Lanka”.

There was consternation among official circles in Sri Lanka that the Indian change of position
would seriously damage prospects of the US sponsored resolution being defeated at the UNHRC

Nevertheless President Rajapaksa remained defiant and had told the minister of External Affairs
Prof.Gamini Lakshman Peiris that the resolution should be opposed vehemently even “if we get
only one vote at the UNHRC”.

In what amounted to a sharp “U’Turn the President has changed his stance overnight and is now
prepared to compromise on the resolution

This apparently is at the behest of Giant neighbour India that has offered a Compromise to Sri
Lanka by way of amending the text of the US resolution.

Senior Indian cabinet ministers who communicated with President Rajapaksa have impressed upon
him the fact that it would be better to seek a compromise with the US rather than confront it at
a vote in the UNHRC and face defeat

India had “gently” pointed out that if Sri Lanka did not heed the advice of New Delhi and
proceeded to defy the US at the UNHRC, India would be compelled to canvass against Colombo and
in association with the USA ensure the safe passage of the resolution at the UNHRC.

Faced with such a dismal prospect President Rajapaksa had capitulated to the dictates of Delhi
and agreed to a compromise by which the draft US resolution would be amended.

India is currently engaged in negotiations with the US as an “honest broker” representing Sri
Lanka. The objective is amending the resolution in a manner less stringent on Sri Lanka.

The proposed amendments would also allow Sri Lanka room to “save its face” in Geneva.

Although the final details are not known it is learnt that clauses of the draft resolution would
be changed to one in which it would be stipulated that Sri Lanka would be “Consulted” on related
issues and that steps would be taken in “concurrence” with Sri Lanka.

If the provisions of an amended resolution are acceptable to Sri Lanka it may then abandon its
principled position of opposing the resolution and instead express its “willingness” to comply.

In such a situation there is speculation that the resolution may be deferred and not be put to
the vote in this 19th UNHRC session.

Although the resolution was to be taken up for discussion and vote in the morning of Thursday
March 22nd it may now be taken up in the Evening or on Friday March 23rd.

If India is able to forge a consensus on the amended resolution it is very likely that only a
debate would take place and a vote may not be taken.

This reversal of stance by President Rajapaksa is likely to receive a mixed response . The
President’s image as a leader who would not cave into International pressure is likely to be
dented.

Opposition Leader Ranil Wickremasinghe has revealed that the government was negotiating on the
US resolution at the UNHRC calling for accountability and reconciliation issues in Sri Lanka and
it might not be put to vote this week.

The UNP leader Ranil Wickremesinghe told the UNP parliamentary group meeting in Colombo this ,
according to party sources.

Wickremesinghe said that the resolution was to be deferred on the strict condition that the
Mahinda Rajapaksa regime undertook to speedily implement the LLRCs recommendations which inter
alia call for the re-establishment of the independent police, election, public and judicial
service commissions required to enforce the rule of law and safeguard human rights.

The government had placed the country and its people in the present predicament, Wickremesinghe
said, adding that it was good to hear of a change in attitude even at this late stage.
 It is against this backdrop that the UNHRC in Geneva will determine the fate of the US
sponsored resolution on Sri Lanka that has been amended by India.
http://dbsjeyaraj.com/dbsj/archives/4858

States debate Sri Lanka resolution text

States debate Sri Lanka resolution text

 Published by UN Watch - at March 8, 2012 in Human Rights Council (UNHRC) and Sri Lanka. 

The US Ambassador to the UN Human Rights Council, Eileen Donahoe, chaired today an informal
session to introduce their resolution on reconciliation and accountability in Sri Lanka.

During one of the most dramatic informal consultations –with a UN security guard by the doors–
the Sri Lankan Attorney-General challenged the premise and necessity of this draft, which he
categorically rejected and refused to engage in a dialogue on it. He called the consultation a
“farce,” adding that “might is not right.” He was supported by Egypt on behalf of NAM, Russia,
China, Cuba, Zimbabwe, Philippines, Algeria and other NAM countries. They all stressed that they
oppose country-specific resolution and that the text will have no effect without the consent of
the concerned country. Cuba challenged the US Ambassador by asking her to submit a resolution on
Guantanamo if they are so concerned with accountability issues.

Denmark for the EU, France, the UK, Canada, Australia, Sweden, Switzerland, Hungary, Poland,
Germany, Norway and others supported the US initiative, calling it timely and necessary. The EU
also said they would like to see a reference in the text to the report of the Secretary-
General’s Panel of Experts on Sri Lanka. One of their recommendations is for the Council to
reverse its resolution praising Sri Lanka for its actions during the 2009 civil war that left
thousands of civilians dead.
http://blog.unwatch.org/index.php/2012/03/08/1803/

Draft Resolution: Promoting Reconciliation and Accountability in Sri Lanka (3/6/12)

Draft Resolution: Promoting Reconciliation and Accountability in Sri Lanka (3/6/12)

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

Reaffirming that States must ensure that any measure taken to combat terrorism complies with
their obligations under international law, in particular international human rights, refugee and
humanitarian law, as applicable,

Noting the Report of Sri Lanka’s Lessons Learnt and Reconciliation Commission (LLRC) and its
findings and recommendations, and acknowledging its possible contribution to Sri Lanka’s national reconciliation process,

Welcoming the constructive recommendations contained in the LLRC report, including the need to
credibly investigate widespread allegations of extra judicial killings and enforced
disappearances, de militarize the north of Sri Lanka, implement impartial land dispute resolution mechanisms, reevaluate detention policies, strengthen formerly independent civil institutions, reach a political settlement involving devolution of power to the provinces, promote and protect the right of freedom of expression for all, and enact rule of law reforms,

Noting with concern that the LLRC report does not adequately address serious allegations of
violations of international law,

1. Calls on the Government of Sri Lanka to implement the constructive recommendations in the
LLRC report and take all necessary additional steps to fulfill its relevant legal obligations
and commitment to initiate credible and independent actions to ensure justice, equity,
accountability and reconciliation for all Sri Lankans,

2. Requests that the Government of Sri Lanka present a comprehensive action plan as
expeditiously as possible detailing the steps the Government has taken and will take to implement the LLRC recommendations and also to address alleged violations of international law,

3. Encourages the Office of the High Commissioner for Human Rights and relevant special
procedures to provide, and the Government of Sri Lanka to accept, advice and technical
assistance on implementing those steps and requests the Office of the High Commissioner for Human Rights to present a report to the Council on the provision of such assistance at its twenty-second session.

Sri Lanka News Debrief - 21-03-2012