Wednesday, 16 September 2015
UN Report 2015 Media Release: Zeid urges creation of hybrid special court in Sri Lanka
“This report is being presented in a new political context in Sri Lanka, which offers grounds for hope,” Zeid said.
Sinhala and Tamil versions
GENEVA (16 September 2015) – A UN report* published today has identified patterns of grave violations in Sri Lanka between 2002 and 2011, strongly indicating that war crimes and crimes against humanity were most likely committed by both sides to the conflict. The report recommends the establishment of a hybrid special court, integrating international judges, prosecutors, lawyers and investigators, as an essential step towards justice.
“Our investigation has laid bare the horrific level of violations and abuses that occurred in Sri Lanka, including indiscriminate shelling, extrajudicial killings, enforced disappearances, harrowing accounts of torture and sexual violence, recruitment of children and other grave crimes,” High Commissioner Zeid said. “Importantly, the report reveals violations that are among the most serious crimes of concern to the international community as a whole.”
“This report is being presented in a new political context in Sri Lanka, which offers grounds for hope,” Zeid said. “It is crucial that this historic opportunity for truly fundamental change is not allowed to slip.”
Among the most serious crimes documented in the report are the following:
Unlawful killings:
Numerous unlawful killings between 2002 and 2011, were allegedly committed by both parties, as well as by paramilitary groups linked to the security forces. Tamil politicians, humanitarian workers, journalists and ordinary civilians were among the alleged victims of Sri Lankan security forces and associated paramilitaries. There appear to have been discernible patterns of killings, for instance, in the vicinity of security force checkpoints and military bases, and also of extrajudicial killings of individuals while in the custody of security forces, including people who were captured or surrendered at the end of the conflict. The Liberation Tigers of Tamil Elam (LTTE) also reportedly killed Tamil, Muslim and Sinhalese civilians, through indiscriminate suicide bombings and mine attacks, as well as assassinations of individuals including public officials, academics and dissenting Tamil political figures.
Sexual and gender-based violence:
One shocking finding of the investigation was the extent to which sexual violence was committed against detainees, often extremely brutally, by the Sri Lankan security forces, with men as likely to be victims as women. Harrowing testimony from 30 survivors of sexual violence who were interviewed indicates that incidents of sexual violence were not isolated acts but part of a deliberate policy to inflict torture, following similar patterns and using similar tools. The report describes sexual torture which occurred during interrogation sessions, and also patterns of rape, much of which appeared to occur outside of interrogations sessions. Sexual torture was performed in a wide range of detention locations by different security forces, both during and after the conflict. Not a single perpetrator of sexual violence related to the armed conflict is so far known to have been convicted.
Enforced disappearances:
Enforced disappearances affected tens of thousands of Sri Lankans for decades, including throughout the 26-year armed conflict with the LTTE. There are reasonable grounds to believe that enforced disappearances may have been committed as part of a widespread and systematic attack against the civilian population. In particular, there are reasonable grounds to believe that a large number of individuals who surrendered during the final phase of the war were disappeared, and remain unaccounted for. Many others, including people not directly linked to the conflict, disappeared, typically after abduction in ‘white vans.’
Torture and other forms of cruel, inhuman or degrading treatment:
Brutal use of torture by the Sri Lankan security forces was widespread throughout the decade covered by the report, and in particular during the immediate aftermath of the conflict. Some of the more commonly used centres had rooms that were set up with torture equipment, illustrating the premeditated and systematic nature of the use of torture. These rooms contained objects including metal bars and poles for beatings, barrels of water used for waterboarding, and pulleys from which victims were suspended. Victims interviewed for the report described seeing bloodstains on the walls or floors of these rooms, and described their own torture in detail.
Recruitment of children and their use in hostilities, as well as abduction and forced recruitment of adults:
Information indicates patterns of abductions leading to forced recruitment of adults by the LTTE, which intensified towards the end of the conflict. Extensive recruitment and use of children in armed conflict by the LTTE and by the paramilitary Karuna group, which supported the Government following its spilt from the LTTE in 2004, was also documented. Children were often recruited by force from homes, schools, temples and checkpoints, and, after basic training were sent to the frontlines. According to numerous reports, in the last few months of the conflict, the LTTE increasingly recruited children below the age of 15. These practices would amount to war crimes if established in a court of law.
Attacks on civilians and civilian objects:
There are reasonable grounds to believe that many attacks during the last phase of the war did not comply with international humanitarian law principles on the conduct of hostilities, particularly the principle of distinction. The report documents repeated shelling by Government forces of hospitals and humanitarian facilities in the densely populated ‘No Fire Zones,’ which the Government itself had announced but which were inside areas controlled by the LTTE. Directing attacks against civilian objects and/or against civilians not taking direct part in hostilities is a serious violation of international humanitarian law and may amount to a war crime. The presence of LTTE cadres directly participating in hostilities and operating within the predominantly civilian population, launching attacks from close proximity of these locations, and the LTTE policy of forcing civilians to remain within areas of active hostilities, may also have violated international humanitarian law. However, this would not have absolved the Government of its own responsibilities under international humanitarian law. The duty to respect international humanitarian law does not depend on the conduct of the opposing party, and is not conditioned on reciprocity.
Denial of humanitarian assistance:
There are reasonable grounds to believe that the Government placed considerable restrictions on freedom of movement of humanitarian personnel and activities, and may have deliberately blocked the delivery of sufficient food aid and medical supplies in the Vanni in the Northern Province, which may amount to the use of starvation of the civilian population as a method of warfare. Such conduct, if proven in a court of law, may constitute a war crime.
Violations during the detention of internally displaced people (IDPs) in closed camps:
The manner in which the screening processes were carried out, to separate former LTTE combatants from civilians, failed to meet international standards and facilitated ill-treatment and abuse. Almost 300,000 IDPs were deprived of their liberty in camps for periods far beyond what is permissible under international law. There are also reasonable grounds to believe that IDPs were treated as suspects and detained because of their Tamil ethnicity. This may amount to discrimination and the crime against humanity of “persecution.”
The report documents years of denials and cover-ups, failure to carry out prompt investigations, stalled investigations and reprisals against the family members of victims and others who have pushed for justice.
It notes that the repeated failure of successive domestic inquiries to bring justice has led to scepticism, anger and mistrust on the part of victims, particularly since “many of the structures responsible for the violations and crimes remain in place.” The report demonstrates the systemic weakness in addressing these crimes, especially when the military or security forces are involved. It also describes “reprisals against judicial and other professionals who try to prosecute human-rights related cases involving State officials.”
“The commitment by the new Government to pursue accountability through a domestic process is commendable…but the unfortunate reality is that Sri Lanka’s criminal justice system is not yet ready,” the report states. “First and foremost is the absence of any reliable system for victim and witness protection. Second is the inadequacy of Sri Lanka’s domestic legal framework to deal with international crimes of this magnitude. The third challenge is the degree to which Sri Lanka’s security sector and justice system have been distorted and corrupted by decades of emergency, conflict and impunity.”
The High Commissioner welcomed the positive steps taken by the new Government of President Mathiripala Sirisena since January this year, but said that “Sri Lanka must now move forward to dismantle the repressive structures and institutional cultures that remain deeply entrenched after decades of erosion of human rights.”
“This will not happen overnight, and no one should underestimate the enormity of the task,” he said. “We have seen many moments in Sri Lanka’s history when governments pledged to turn the page and end practices like enforced disappearances, but the failure to address impunity and root out the systemic problems that allowed such abuses to occur meant that the ‘white vans’ could be, and were, reactivated when needed. It is imperative that the Government seizes the unique opportunity it has to break the mold of impunity once and for all. This means there must be a root-and-branch transformation of the ways in which institutions and officials operate.”
The report recommends a range of measures to develop a comprehensive transitional justice policy to address the human rights violations of the past 30 years and prevent their recurrence.
The High Commissioner urged all communities and sections of society, including the diaspora, to view the report as “an opportunity to change discourse from one of absolute denial to one of acknowledgment and constructive engagement to bring about change.”
“After so many years of unbridled human rights violations and institutionalized impunity, the wounds of victims on both sides have festered and deepened,” Zeid said. “Unless fundamentally addressed, their continued suffering will further polarize and become an obstacle to reconciliation, and – worse – may sow the seeds for further conflict.”
“The levels of mistrust in State authorities and institutions by broad segments of Sri Lankan society should not be underestimated,” the High Commissioner said. “It is for this reason that the establishment of a hybrid special court, integrating international judges, prosecutors, lawyers and investigators, is so essential. A purely domestic court procedure will have no chance of overcoming widespread and justifiable suspicions fuelled by decades of violations, malpractice and broken promises.”
“The domestic criminal justice system also needs to be strengthened and reformed, so it can win the confidence of the public, but that is a process which will take several years to achieve and needs to be undertaken in parallel to the establishment of a special hybrid court, not in place of it. Indeed such a court may help stimulate the reforms needed to set Sri Lanka on a new path to justice, building public confidence along the way.”
The UN Human Rights Office (OHCHR) was mandated by the UN Human Rights Council last year to conduct a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka during the period 2002-11. The investigation report is based on eye-witness testimony, interviews with victims and witnesses, video and photographic material including satellite imagery (much of which is not in the public domain) that was analyzed by forensic and military experts, and an extensive review of documentation, including about 3,000 written statements and submissions, as well as previously unpublished reports. The OHCHR investigation team was not granted access to Sri Lanka and faced other constraints, including the previous Government’s use of threats, intimidation and surveillance to prevent people, particularly in the north of the country, from cooperating with the investigation.
* The report is divided into two parts which are interlinked:
1) The overarching Report of the Office of the United Nations High Commissioner for Human Rights on Promoting Reconciliation, Accountability and Human Rights (A/HRC/30/61) which can be found here: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session30/Documents/A_HRC_30_61_ENG.docx
2) The accompanying report of the OHCHR Investigation on Sri Lanka (A/HRC/30/CRP.2) which can be found here: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session30/Documents/A_HRC_30_CRP_2.docx
The response sent by the Sri Lankan Government can be found here: http://www.ohchr.org/Documents/HRBodies/HRCouncil/OISL/ResponseSriLanka15092015.pdf
ENDS
கழகக் கண்டனம்: ஈழத் தமிழருக்கு எதிரான அமெரிக்காவின் துரோகம்
ஈழத் தமிழருக்கு எதிரான அமெரிக்காவின் துரோகம்
ஈழத் தமிழின அழிப்புப் போரின் இறுதி யுத்தத்தில் இராஜபட்சே கும்பலுக்கு அமெரிக்காவும், இந்தியாவும் துணைபோயின. ஆனால் போர் முடிந்த பிறகு இன அழிப்புப் போர்க் குற்றவாளி இராஜபட்சேவை தனது மேலாதிக்கத்தின் கீழ் கொண்டுவர ஐ.நா. மனித உரிமை ஆணையத்தில் போர் குற்றத்திற்கான சர்வதேச விசாரணையை அமெரிக்கா கோரியது.
ஆரம்பத்தில் இக்கோரிக்கையை ஏற்க மறுத்த இந்தியா பின்னர் அமெரிக்காவுடன் சேர்ந்து கொண்டு சர்வதேச விசாரணை கோரியது.
தற்போது இராஜபட்சே ஆட்சி வீழ்ந்த பிறகு, இலங்கையில் அமெரிக்கா மற்றும் இந்தியாவிற்கு ஆதரவாக சிங்கள இன வெறிக் கட்சிகளின் கூட்டணி ஆட்சி அமைந்த பிறகு, அமெரிக்க ஏகாதிபத்தியம், இராஜபட்சே மீதான போர்க்குற்றத்திற்கு சர்வதேச விசாரணை தேவையில்லை என்றும் இலங்கை அரசே அந்த விசாரணையை நடத்திக் கொள்ளலாம் எனவும் போர்க்குற்றவாளி இராஜபட்சே கும்பலுக்கு ஆதரவாகச் செயல்படுகிறது.
மேலும் இலங்கையில் ரணில் விக்கிரமசிங்கே தலைமையிலான கூட்டணி ஆட்சி அமைந்ததாலோ, தமிழர் கூட்டணித் தலைவர் (தமிழ்த் தேசிய கூட்டமைப்பு- TNA தலைவர்-ப-ர்) சம்பந்தன் எதிர்க்கட்சித் தலைவராகப் பதவி ஏற்றதாலோ சிங்கள இனவெறி அரசின் இன அழிப்பு நடவடிக்கைகள் தடுக்கப்படவில்லை. இன அழிப்பு நடவடிக்கைகள் தொடர்கின்றன. எனவே, அமெரிக்க இந்திய அரசுகளின் துரோகத்தை எதிர்த்து போர்க்குற்றவாளி இராஜபட்சே மீது சர்வதேச விசாரணை கோரியும், கருத்துக் கணிப்பு வாக்கெடுப்பின் மூலம் ஈழத் தமிழின அழிப்புக்கு நிரந்தரத் தீர்வுகாண வேண்டியும் தமிழ் மக்கள் குரல் எழுப்ப வேண்டும்.
( கழக தியாகிகள் தின பிரசுரத்தில் இருந்து)
By R. Hariharan Ranil’s Agenda In New Delhi
ஐ நா அறிக்கைச் சூழ் நிலையில் இந்திய இலங்கை உறவு:
Ranil’s Agenda In New Delhi
September 15, 2015 |Telegraph,Opinion |
by: COLOMBO_TELEGRAPH By R. Hariharan
Sri Lanka Prime Minister Ranil Wickremesinghe is neither a stranger to the inner circle of New Delhi polity nor an unfamiliar personality in the North Block. However, during the last one year his profile has undergone a welcome make over. The fortunes of this seasoned political leader, known more for his failures than successes in his repeated forays for power, pulled a political coup of sorts. In league with Maithripala Sirisena, another political veteran though from the opposition, he thwarted former president Mahinda Rajapaksa’s bid for power twice!
The duo defeated Rajapaksa’s electoral bid for a third term as president in January and seven months later they outsmarted Rajapaksa’s attempt to comeback to power using his loyalists in the seemingly more powerful coalition – the United Peoples Freedom Alliance (UPFA), in the recently held general election.
Ranil Modi As a result Prime Mininister Wickremesinghe now enjoys power with a public endorsement of his political agenda twice within a year. Despite political obstacles the Wickremesinghe-Sirisena duo had made some progress in living up to the expectations of the public. Their promises include increasing the accountability of the executive president to the parliament, empowerment of the prime minister and cleaning up the administration of corruption and cronyism. Their work done so far, though still not completed, has restored Sri Lanka’s credibility which
was eroded both at home and abroad by former president Rajapaksa’s autocratic style of governance.
Wickremesinghe is heading a national alliance government, the first since 1977, in which the ruling United National Party (UNP) and the main opposition the Sri Lanka Freedom Party (SLFP) have come together.
This has increased the chances of promoting a national agenda to focusing on development in an environment of unity, peace and harmony.
Former president Rajapaksa, failed to do just that despite his singular success in getting rid of the LTTE once and for all. He frittered away five years of peace that followed the military victory in May 2009 by focusing on strengthening his support base. As a result the socio-political
environment was vitiated by acrimony, distrust, religious and ethnic polemics and strife.
This has increased the chances of the present government making further progress in its reform agenda despite the widespread cynicism in the political milieu. But Wickremesinghe would be more confident than ever before when he visits New Delhi today for the first time after becoming prime minister.
There is a lot of convergence between the leadership in India and Sri Lanka in their outlook than before. Wickremesinghe’s agenda to correct Sri Lanka’s tilt towards China after Rajapaksa had succumbed to its “fatal” charm in the areas of strategic security and trade was one such area. So it was not surprising to find the Ranil- Maithripala duo welcomed Prime Minister Modi’s renewed efforts to build a broadened and enduring relationship with Sri Lanka when he visited the island nation some months back. They reciprocated his desire to get rid of other kinks in the relations between the two countries that had appeared during the earlier regime. This makes the Sri Lankan leader’s New Delhi visit a special one as Sri Lanka government probably enjoys greater credibility in the corridors of North Block than Rajapaksa ever did.
Both Prime Minister Wickremesinghe and President Sirisena have also shown their readiness to act upon the concerns of both India and the West including the US, which were dealt with superficially during ten years of Rajapaksa rule. These issues are sure to be included in Modi-
Wickremesinghe talks even if they are not aired in public due to national sensitivity over some of them in both countries.
Both India and the West were irritated by Rajapaksa’s ploy to twist their concerns over his government’s dismal human rights record during and after the ethnic conflict to whip up Sinhala nationalism and encourage xenophobia for his political advantage. Similarly, he distorted their
insistence on resuming the political dialogue process with Tamil polity to resolve their long standing demand for equity with Sinhala majority as encouragement to Tamil separatism.
This had created problems for India as its negative fallout in Tamil Nadu politics adversely affected the fortunes of successive governments in New Delhi. This had cramped India’s efforts to meaningfully contribute to build a win-win relationship with Sri Lanka. This weakness was
exploited by China to enter Sri Lanka in a big way.
Though the coalition era has ended in New Delhi, ethnic amity in Sri Lanka will continue to influence India’s policy not only due to its impact on Tamil Nadu politics, but also in the interest of national security. India and Sri Lanka are geographically too close to each other making their
national security interests complimentary than contentious. This makes it necessary for them to build a mutually reinforcing relationship, notwithstanding their unequal sizes and strengths.
Political dispensation for Sri Lanka Tamils will continue to remain one of lynchpins to progress India-Sri Lanka realtions. The Wickremesinghe government had tried to break the impasse in resuming the dialogue process with Tamils within the ambit of 13th Amendment (13A) to the
Constitution which is supported by India. However, it will be politically difficult for the Sri Lanka government to grant land and police powers envisaged in the 13A to the provincial councils. We can expect this issue to come up when Modi and Wickremesinghe meet, though it is a moot
point whether it would go beyond making cordial statements.
For both India and the West, Rajapaksa reneging on his promises to them attend their concerns went beyond matters of Sri Lanka’s internal politics; it became a challenge to their strategic power assertion particularly after he got cozy with China and provided a welcome strategic foothold
for China in Sri Lanka in India’s close proximity and midway in the Indian Ocean sea lanes through which bulk of global maritime trade is conducted.
This assumes special significance in the light of China increasing assertion of is naval power in Asia- Pacific region, particularly in the Indian Ocean.From the Sri Lankan perspective, there are some issues where it needs India’s help and understanding. The UN Human Rights Council Rights
Council (UNHRC) discussion on Sri Lanka’s follow up actions taken on the US-sponsored resolution passed session three years back would come up on Friday, after the report of the UN Human Rights Commissioner is presented. Though the US is likely to modify its insistence on a UN sponsored international inquiry by accepting a domestic inquiry with the assistance of the UNHRC, Sri Lanka needs Indian support to broaden its support base. Though the US move has met with some political criticism in Tamil Nadu and agitation by fringe elements egged on by the Sri Lanka Diaspora, India had always supported domestic inquiries in preference to international ones. In view of this the compromise solution suggested by the US would probably be supported by India.
The second issue is Indo-Sri Lanka trade. During his Colombo visit, Prime Minister Modi had revived the idea of a Comprehensive Economic Partnership Agreement (CEPA) between India and Sri Lanka.
India had mooted the idea and it almost came through in 2008. However, in the face of protest from local business, the Rajapaksa government developed cold feet and gave it up after that. Sri Lanka is facing exceptional economic crunch and problems of debt servicing for the servicing the loans it had incurred.
Even the IMF had been lukewarm to the idea of lending more to Sri Lanka to service Chinese loans.
So Sri Lanka urgently needs India’s hand holding to see it through its crisis. However, it will be difficult for Sri Lanka government to openly support CEPA as it is probably a no-go area in Sri Lanka politics.
However, it appears Sri Lanka would not be averse to work out an economic arrangement similar to CEPA though it may be called by a different name.
This was indicated in a report in Sunday Times, Colombo which quoted Sri Lanka Deputy Foreign Minister Harsha de Silva as saying that CEPA issues were likely to be among other important issues during the bilateral talks between the two leaders. He added, “We must push for such agreements with countries like India.
However, we must not blindly enter into such agreements. We must study in detail our own experiences and that of other similar countries to negotiate the best deal for us. Any bilateral or multilateral trade agreement that benefits Sri Lanka must be pursued.”
*Col. R Hariharan, a retired Military Intelligence officer, is associated with the South Asia Analysis Group, and the Chennai Centre for China Studies. E-mail:colhari@yahoo.com Website: www.col.hariharan.info
Ranil’s Agenda In New Delhi
September 15, 2015 |Telegraph,Opinion |
by: COLOMBO_TELEGRAPH By R. Hariharan
 |
Col. R Hariharan, a retired Military Intelligence officer, is associated with the South Asia Analysis Group, and the Chennai Centre for China Studies. |
The duo defeated Rajapaksa’s electoral bid for a third term as president in January and seven months later they outsmarted Rajapaksa’s attempt to comeback to power using his loyalists in the seemingly more powerful coalition – the United Peoples Freedom Alliance (UPFA), in the recently held general election.
Ranil Modi As a result Prime Mininister Wickremesinghe now enjoys power with a public endorsement of his political agenda twice within a year. Despite political obstacles the Wickremesinghe-Sirisena duo had made some progress in living up to the expectations of the public. Their promises include increasing the accountability of the executive president to the parliament, empowerment of the prime minister and cleaning up the administration of corruption and cronyism. Their work done so far, though still not completed, has restored Sri Lanka’s credibility which
was eroded both at home and abroad by former president Rajapaksa’s autocratic style of governance.
Wickremesinghe is heading a national alliance government, the first since 1977, in which the ruling United National Party (UNP) and the main opposition the Sri Lanka Freedom Party (SLFP) have come together.
This has increased the chances of promoting a national agenda to focusing on development in an environment of unity, peace and harmony.
Former president Rajapaksa, failed to do just that despite his singular success in getting rid of the LTTE once and for all. He frittered away five years of peace that followed the military victory in May 2009 by focusing on strengthening his support base. As a result the socio-political
environment was vitiated by acrimony, distrust, religious and ethnic polemics and strife.
This has increased the chances of the present government making further progress in its reform agenda despite the widespread cynicism in the political milieu. But Wickremesinghe would be more confident than ever before when he visits New Delhi today for the first time after becoming prime minister.
There is a lot of convergence between the leadership in India and Sri Lanka in their outlook than before. Wickremesinghe’s agenda to correct Sri Lanka’s tilt towards China after Rajapaksa had succumbed to its “fatal” charm in the areas of strategic security and trade was one such area. So it was not surprising to find the Ranil- Maithripala duo welcomed Prime Minister Modi’s renewed efforts to build a broadened and enduring relationship with Sri Lanka when he visited the island nation some months back. They reciprocated his desire to get rid of other kinks in the relations between the two countries that had appeared during the earlier regime. This makes the Sri Lankan leader’s New Delhi visit a special one as Sri Lanka government probably enjoys greater credibility in the corridors of North Block than Rajapaksa ever did.
Both Prime Minister Wickremesinghe and President Sirisena have also shown their readiness to act upon the concerns of both India and the West including the US, which were dealt with superficially during ten years of Rajapaksa rule. These issues are sure to be included in Modi-
Wickremesinghe talks even if they are not aired in public due to national sensitivity over some of them in both countries.
Both India and the West were irritated by Rajapaksa’s ploy to twist their concerns over his government’s dismal human rights record during and after the ethnic conflict to whip up Sinhala nationalism and encourage xenophobia for his political advantage. Similarly, he distorted their
insistence on resuming the political dialogue process with Tamil polity to resolve their long standing demand for equity with Sinhala majority as encouragement to Tamil separatism.
This had created problems for India as its negative fallout in Tamil Nadu politics adversely affected the fortunes of successive governments in New Delhi. This had cramped India’s efforts to meaningfully contribute to build a win-win relationship with Sri Lanka. This weakness was
exploited by China to enter Sri Lanka in a big way.
Though the coalition era has ended in New Delhi, ethnic amity in Sri Lanka will continue to influence India’s policy not only due to its impact on Tamil Nadu politics, but also in the interest of national security. India and Sri Lanka are geographically too close to each other making their
national security interests complimentary than contentious. This makes it necessary for them to build a mutually reinforcing relationship, notwithstanding their unequal sizes and strengths.
Political dispensation for Sri Lanka Tamils will continue to remain one of lynchpins to progress India-Sri Lanka realtions. The Wickremesinghe government had tried to break the impasse in resuming the dialogue process with Tamils within the ambit of 13th Amendment (13A) to the
Constitution which is supported by India. However, it will be politically difficult for the Sri Lanka government to grant land and police powers envisaged in the 13A to the provincial councils. We can expect this issue to come up when Modi and Wickremesinghe meet, though it is a moot
point whether it would go beyond making cordial statements.
For both India and the West, Rajapaksa reneging on his promises to them attend their concerns went beyond matters of Sri Lanka’s internal politics; it became a challenge to their strategic power assertion particularly after he got cozy with China and provided a welcome strategic foothold
for China in Sri Lanka in India’s close proximity and midway in the Indian Ocean sea lanes through which bulk of global maritime trade is conducted.
This assumes special significance in the light of China increasing assertion of is naval power in Asia- Pacific region, particularly in the Indian Ocean.From the Sri Lankan perspective, there are some issues where it needs India’s help and understanding. The UN Human Rights Council Rights
Council (UNHRC) discussion on Sri Lanka’s follow up actions taken on the US-sponsored resolution passed session three years back would come up on Friday, after the report of the UN Human Rights Commissioner is presented. Though the US is likely to modify its insistence on a UN sponsored international inquiry by accepting a domestic inquiry with the assistance of the UNHRC, Sri Lanka needs Indian support to broaden its support base. Though the US move has met with some political criticism in Tamil Nadu and agitation by fringe elements egged on by the Sri Lanka Diaspora, India had always supported domestic inquiries in preference to international ones. In view of this the compromise solution suggested by the US would probably be supported by India.
The second issue is Indo-Sri Lanka trade. During his Colombo visit, Prime Minister Modi had revived the idea of a Comprehensive Economic Partnership Agreement (CEPA) between India and Sri Lanka.
India had mooted the idea and it almost came through in 2008. However, in the face of protest from local business, the Rajapaksa government developed cold feet and gave it up after that. Sri Lanka is facing exceptional economic crunch and problems of debt servicing for the servicing the loans it had incurred.
Even the IMF had been lukewarm to the idea of lending more to Sri Lanka to service Chinese loans.
So Sri Lanka urgently needs India’s hand holding to see it through its crisis. However, it will be difficult for Sri Lanka government to openly support CEPA as it is probably a no-go area in Sri Lanka politics.
However, it appears Sri Lanka would not be averse to work out an economic arrangement similar to CEPA though it may be called by a different name.
This was indicated in a report in Sunday Times, Colombo which quoted Sri Lanka Deputy Foreign Minister Harsha de Silva as saying that CEPA issues were likely to be among other important issues during the bilateral talks between the two leaders. He added, “We must push for such agreements with countries like India.
However, we must not blindly enter into such agreements. We must study in detail our own experiences and that of other similar countries to negotiate the best deal for us. Any bilateral or multilateral trade agreement that benefits Sri Lanka must be pursued.”
*Col. R Hariharan, a retired Military Intelligence officer, is associated with the South Asia Analysis Group, and the Chennai Centre for China Studies. E-mail:colhari@yahoo.com Website: www.col.hariharan.info
ஐ.நா.அறிக்கைச் சூழலில் இந்திய இலங்கை உறவு
ஐ.நா.அறிக்கைச் சூழலில் இந்திய இலங்கை உறவு
Indo-Lanka relations today
September 16, 2015, 7:29 am
No international relationship is more important to Sri Lanka than is that with India, and it is therefore most appropriate that Prime Minister Ranil Wicremesinghe should be paying his first overseas visit to India.
Our relations with India extend to more than 2500 years and is firmly entrenched, for we do share cultures, cemented by Buddhism. Our history is linked to that of India and today we do have a close economic relationship too that makes us two peas in a pod; but we need to retain and respect each other’s Independence, sovereignty and territorial integrity.
Sadly, perhaps our relationship has had its ups and downs but the people to people relationship has always remained strong, though we for our part, need to strengthen it further, by having consulates not only in Tami Nadu but also in all the States of South India and also in West Bengal and cultivating relations with these states and their legislatures.
We need to relate to India’s principal concern, which is its security ---
with the Increase of Chinese and Japanese interest in the Indian Ocean along with the continuing interest of the US. We need to ensure that we give India no cause to fear, for her security. We have today only a few issues to sort out.
As for the vital area of economic relations, we need to be careful about what Pannikar, and other imperialists sought to achieve by interfering in our internal affairs and failed. New imperialist are said to be seeking to use the new economic weapon, the CEPA, to swamp our small economy. Though we do need to plug into the booming Indian economy we need to be careful. The CEPA can indeed be abused. Another matter which we should take note of is the red tape of the state administrations.
India and Sri Lanka should now sign a new treaty of peace, friendship and cooperation and replace the treaty that was imposed upon us during the Jayawardene era and assure us that India would never interfere again in our internal affairs and also solemnly accept to respect the unity and territorial integrity of our country. India, the regional superpower, should accept the responsibility that goes with that status and incorporate the Gujral Doctrine into her Constitution. We for our part should support India becoming a Permanent Member of the UN Security Council. She is indeed qualified to accept that responsibility.
As for our ethnic problem, and the insurgency which India helped to transform into a huge military offensive by arming and training the Tamil militants (please read Shekar Gupta’ account captioned "Ominous Presence in Tamil Nadu" in ‘India Today’—pages 88 to 94, of March 31st 1984); we of course need to reach out to our Tamil brethren and ensure that they too feel that they are also Sri Lankans with equal rights and opportunities as all those who live in our blessed land, but putting an end to this problem must be a matter for us the people of this country; we initially created the problem by shutting out the Tamils in 1956 and thereafter though SWRD and Dudley attempted to reach out to the Tamils they were thwarted by so called Nationalists who were actually racists;
we have paid a heavy price for our folly but today this government is seeking sincerely to make up with the Tamil people and put the problem behind us and to get on with developing our country, therefore neither India nor any other country or countries should be allowed to intervene on any excuse.
As for our foreign relations, this government has embarked on a scrupulous non aligned policy but certain relationships are naturally more important than others, the West is where almost all our exports go and our relations with the West stretch for four hundred years and more and should be carefully nurtured and preserved; our relations with China goes back to over one thousand years and in the post Korean War period, when we gave China Rubber which no other country was prepared to provide our relations, they have not forgotten that; the relationship has become very special both to China and to us for they have been most helpful to us particularly during the war when others
were not prepared to help us and China has also helped us in the UN.
We need to manage that relationship carefully and have them agree to revising certain agreements entered during the period last administration, both in China’s interest and ours too. We should not give India or any other country cause to worry about our relationship with China. The late
Lakshman Kadirgamar and I were, when we had discussions with the then Chinese Prime Minister, he assured us that China would never do anything which would give any other country cause for concern or an excuse to destabilize us.
I do hope and pray that Prime Minister Ranil will lay the foundation for a relationship with India similar to that which we had with India when Sirimavo Bandaranaike was our PM and when India not only conceded Katchchativu to us but also agreed to take back over five hundred thousand Indian nationals from this country.
In conclusion I also hope and pray that our Prime Minister will not pursue the matter of establishing a land bridge to India, we don't need one to promote trade and Commerce with India, there are many other avenues for that.
Source: The Island LK
Indo-Lanka relations today
September 16, 2015, 7:29 am
I also hope and pray that our Prime Minister will not pursue the matter of establishing a land bridge to India, we don't need one to promote trade and Commerce with India, there are many other avenues for that.By K. Godage Former Ambassador
No international relationship is more important to Sri Lanka than is that with India, and it is therefore most appropriate that Prime Minister Ranil Wicremesinghe should be paying his first overseas visit to India.
Our relations with India extend to more than 2500 years and is firmly entrenched, for we do share cultures, cemented by Buddhism. Our history is linked to that of India and today we do have a close economic relationship too that makes us two peas in a pod; but we need to retain and respect each other’s Independence, sovereignty and territorial integrity.
Sadly, perhaps our relationship has had its ups and downs but the people to people relationship has always remained strong, though we for our part, need to strengthen it further, by having consulates not only in Tami Nadu but also in all the States of South India and also in West Bengal and cultivating relations with these states and their legislatures.
We need to relate to India’s principal concern, which is its security ---
with the Increase of Chinese and Japanese interest in the Indian Ocean along with the continuing interest of the US. We need to ensure that we give India no cause to fear, for her security. We have today only a few issues to sort out.
I would list the fisheries issue as being more than an irritant. It is indeed ironical that the leaders of Tamil Nadu, who are expressing concern about the Tamil people in Sri Lank’s North, are the very people who, with their trawlers are denying northern Tamil fishermen their livelihoods. The Indian Navy that MUST also ensure that their fishing boats do not enter Sri Lankan waters.
As for the vital area of economic relations, we need to be careful about what Pannikar, and other imperialists sought to achieve by interfering in our internal affairs and failed. New imperialist are said to be seeking to use the new economic weapon, the CEPA, to swamp our small economy. Though we do need to plug into the booming Indian economy we need to be careful. The CEPA can indeed be abused. Another matter which we should take note of is the red tape of the state administrations.
India and Sri Lanka should now sign a new treaty of peace, friendship and cooperation and replace the treaty that was imposed upon us during the Jayawardene era and assure us that India would never interfere again in our internal affairs and also solemnly accept to respect the unity and territorial integrity of our country. India, the regional superpower, should accept the responsibility that goes with that status and incorporate the Gujral Doctrine into her Constitution. We for our part should support India becoming a Permanent Member of the UN Security Council. She is indeed qualified to accept that responsibility.
As for our ethnic problem, and the insurgency which India helped to transform into a huge military offensive by arming and training the Tamil militants (please read Shekar Gupta’ account captioned "Ominous Presence in Tamil Nadu" in ‘India Today’—pages 88 to 94, of March 31st 1984); we of course need to reach out to our Tamil brethren and ensure that they too feel that they are also Sri Lankans with equal rights and opportunities as all those who live in our blessed land, but putting an end to this problem must be a matter for us the people of this country; we initially created the problem by shutting out the Tamils in 1956 and thereafter though SWRD and Dudley attempted to reach out to the Tamils they were thwarted by so called Nationalists who were actually racists;
we have paid a heavy price for our folly but today this government is seeking sincerely to make up with the Tamil people and put the problem behind us and to get on with developing our country, therefore neither India nor any other country or countries should be allowed to intervene on any excuse.
As for our foreign relations, this government has embarked on a scrupulous non aligned policy but certain relationships are naturally more important than others, the West is where almost all our exports go and our relations with the West stretch for four hundred years and more and should be carefully nurtured and preserved; our relations with China goes back to over one thousand years and in the post Korean War period, when we gave China Rubber which no other country was prepared to provide our relations, they have not forgotten that; the relationship has become very special both to China and to us for they have been most helpful to us particularly during the war when others
were not prepared to help us and China has also helped us in the UN.
We need to manage that relationship carefully and have them agree to revising certain agreements entered during the period last administration, both in China’s interest and ours too. We should not give India or any other country cause to worry about our relationship with China. The late
Lakshman Kadirgamar and I were, when we had discussions with the then Chinese Prime Minister, he assured us that China would never do anything which would give any other country cause for concern or an excuse to destabilize us.
I do hope and pray that Prime Minister Ranil will lay the foundation for a relationship with India similar to that which we had with India when Sirimavo Bandaranaike was our PM and when India not only conceded Katchchativu to us but also agreed to take back over five hundred thousand Indian nationals from this country.
In conclusion I also hope and pray that our Prime Minister will not pursue the matter of establishing a land bridge to India, we don't need one to promote trade and Commerce with India, there are many other avenues for that.
Source: The Island LK
The Island Editorial: Geneva Report
Geneva Report
September 15, 2015, 7:53 pm
The much-awaited UNHRC probe report on alleged war crimes in Sri Lanka is scheduled to be released today in Geneva. UNHRC Chief Zeid Ra'ad Al Hussein has said its findings are of serious nature. One is not surprised. It can’t be different from the Darusman report prepared by a
panel of experts appointed by UNSG Ban Ki-moon on Sri Lanka’s accountability issues.
The delayed release of the report which was scheduled to be presented last March was politically motivated. The UNHRC obviously yielded to pressure from the US-led western countries which thought the report might help the Rajapaksas regain public sympathy ahead of the August 17 general election.
The US has undertaken to move a resolution in Geneva to pave the way for a domestic probe. It will do so because it has to defend those who came forward to effect a regime change here which has helped safeguard its geo-strategic interests. However, the Sirisena-Wickremesinghe government won’t be free from trouble, given the political fallout of the report.
No small country can conduct a domestic probe into a heavily internationalised issue flogged vigorously by influential pressure groups capable of swaying western governments. The Tamil National Alliance (TNA) has already called for foreign judges in case of a domestic war
crimes investigation being conducted. If the government accedes to the TNA’s demand, then it will be a misnomer to call the investigation ‘domestic’; foreigners will be calling the shots! Those who are campaigning for an international war crimes probe know more than one way to shoe a horse!
Interestingly, the TNA, which is at the forefront of the on-going campaign for a war crimes probe, threw in its lot with Sirisena and Fonseka at presidential elections in 2010 and 2015 respectively and the people in the former war zone overwhelmingly backed those two candidates.
In a turn of events replete with irony, the TNA, which declared Prabhakaran as the sole representative of the Tamils and acted as his mouthpiece in Parliament during the conflict, strove to have as President cum Commander-in-chief a person who had led the army it accused of having committed
war crimes!
Fonseka became the darling of the western governments all out to have an international war crimes probe against Sri Lanka because he challenged the pro-Chinese Rajapaksa government. Thereafter, they threw their weight behind Sirisena, who had acted as the Defence Minister during the final stages of the war! Would those governments championing human rights have done so if they had been convinced that war crimes had actually been committed? Or, is it that their geo-political interests took precedence over their human rights concerns?
It behoves the government to critically examine the UNHRC report to be issued without rushing to take any action to please the international community.
The Darusman report was riddled with flaws; it was mostly based on information provided by sources who took cover behind a wall of secrecy. The identities of those who testified won’t be revealed until 2031!
Today, we will see whether those who prepared the new report have borrowed from or been influenced by the Darusman report. If so, it will be a case of circular logic.
Note: High Lights ENB
September 15, 2015, 7:53 pm
The much-awaited UNHRC probe report on alleged war crimes in Sri Lanka is scheduled to be released today in Geneva. UNHRC Chief Zeid Ra'ad Al Hussein has said its findings are of serious nature. One is not surprised. It can’t be different from the Darusman report prepared by a
panel of experts appointed by UNSG Ban Ki-moon on Sri Lanka’s accountability issues.
The delayed release of the report which was scheduled to be presented last March was politically motivated. The UNHRC obviously yielded to pressure from the US-led western countries which thought the report might help the Rajapaksas regain public sympathy ahead of the August 17 general election.The US has undertaken to move a resolution in Geneva to pave the way for a domestic probe. It will do so because it has to defend those who came forward to effect a regime change here which has helped safeguard its geo-strategic interests. However, the Sirisena-Wickremesinghe government won’t be free from trouble, given the political fallout of the report.
No small country can conduct a domestic probe into a heavily internationalised issue flogged vigorously by influential pressure groups capable of swaying western governments. The Tamil National Alliance (TNA) has already called for foreign judges in case of a domestic war
crimes investigation being conducted. If the government accedes to the TNA’s demand, then it will be a misnomer to call the investigation ‘domestic’; foreigners will be calling the shots! Those who are campaigning for an international war crimes probe know more than one way to shoe a horse!
It is being claimed in some quarters that the war crimes allegations to be probed are against the Rajapaksa government and the LTTE. But, they are against the Sri Lankan troops who fought terrorism, political leaders who prosecuted the country’s war and the LTTE whose military leaders are now long dead.Among the politicians who were responsible for the country’s war effort is incumbent President Maithripala Sirisena, who declared before the last presidential election that he had functioned as Acing Defence Minister during the critical stages of the conflict.
Others are former President Mahinda Rajapaksa, former Defence Secretary Gotabhaya Rajapaksa and former Army Commander Field Marshal Sarath Fonseka.
Interestingly, the TNA, which is at the forefront of the on-going campaign for a war crimes probe, threw in its lot with Sirisena and Fonseka at presidential elections in 2010 and 2015 respectively and the people in the former war zone overwhelmingly backed those two candidates.
In a turn of events replete with irony, the TNA, which declared Prabhakaran as the sole representative of the Tamils and acted as his mouthpiece in Parliament during the conflict, strove to have as President cum Commander-in-chief a person who had led the army it accused of having committed
war crimes!
Fonseka became the darling of the western governments all out to have an international war crimes probe against Sri Lanka because he challenged the pro-Chinese Rajapaksa government. Thereafter, they threw their weight behind Sirisena, who had acted as the Defence Minister during the final stages of the war! Would those governments championing human rights have done so if they had been convinced that war crimes had actually been committed? Or, is it that their geo-political interests took precedence over their human rights concerns?
It behoves the government to critically examine the UNHRC report to be issued without rushing to take any action to please the international community.
The Darusman report was riddled with flaws; it was mostly based on information provided by sources who took cover behind a wall of secrecy. The identities of those who testified won’t be revealed until 2031!
Today, we will see whether those who prepared the new report have borrowed from or been influenced by the Darusman report. If so, it will be a case of circular logic.
Note: High Lights ENB
US backs call for credible process in Lanka
US backs call for credible process in Lanka
September 15, 2015 23:55
UNHRC The United States today noted the need for credible justice processes when addressing incidents related to the war.
Responding to comments made at the 30th session of the UN Human Rights Council in Geneva today by the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, Pablo de Greiff, the US said that it is in the government’s interest to establish justice processes that have the confidence of the international community.
“We express deep appreciation for Mr. de Greiff’s observations from his visits to Sri Lanka and Burundi. We also welcome the chance to engage the Working Group on Enforced or Involuntary Disappearances. We thank the Special Rapporteur for your comments on Sri Lanka, and agree that that it is in the government’s interest to establish justice processes that have the confidence of the international community and will be credible to all the affected communities in Sri Lanka,”
Michele Roulbet from the US delegation at today’s session said. (Colombo Gazette)
September 15, 2015 23:55
UNHRC The United States today noted the need for credible justice processes when addressing incidents related to the war.
Responding to comments made at the 30th session of the UN Human Rights Council in Geneva today by the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, Pablo de Greiff, the US said that it is in the government’s interest to establish justice processes that have the confidence of the international community.
“We express deep appreciation for Mr. de Greiff’s observations from his visits to Sri Lanka and Burundi. We also welcome the chance to engage the Working Group on Enforced or Involuntary Disappearances. We thank the Special Rapporteur for your comments on Sri Lanka, and agree that that it is in the government’s interest to establish justice processes that have the confidence of the international community and will be credible to all the affected communities in Sri Lanka,”
Michele Roulbet from the US delegation at today’s session said. (Colombo Gazette)
அமெரிக்க பாணிச் சட்டத்தைக் கோரும் Pivithuru Hela Urumaya (PHU)
Gammanpila wants Indemnity Act to protect soldiers from war crimes allegations
Nushka Nafeel
An Act seeking indemnity will be presented in Parliament to protect soldiers if allegations are raised at the United Nations against the soldiers
indicating that war crimes and crimes against humanity were committed, Pivithuru Hela Urumaya (PHU) General Secretary MP Udaya Gammanpila said.
Addressing the media at the party headquarters yesterday, he said it was the soldiers who brought sustainable peace to the country and they should be protected from international threats.
An Act of Indemnity was passed in Sri Lanka on three occasions to retain the peace and harmony. Soldiers need not fear about those allegations imposed, the Act of Indemnity will protect them from being subjected to legal penalties, he added.
Foreign Minister Mangala Samaraweera called for new a Constitution to help resolve the ethnic conflict while Prime Minister Ranil Wickremesinghe earlier expressed that the 13th Amendment will be a solution to end the ethnic conflict involving the Tamil minority. They have produced two contrary opinions, Gammanpila said.
 |
| Pivithuru Hela Urumaya (PHU) General Secretary MP Udaya Gammanpila |
Minister Samaraweera should make a special statement in Parliament and the people on the issue faced by Tamils in Sri Lanka which cannot be solved under the present constitution, Gammanpila said.
Sri Lanka has not signed any agreements on devolution of power. The minister’s statement makes the point that power will be devolved by introducing a new constitution. He has taken a domestic issue to the international stage, he said.
Gammanpila said the CEPA agreement is signed between two countries which has equal living standards to exchange the skills and talents.
The economic standards of Sri Lanka and India are different. Ministers Harsha de Silva and Malik Samarawickrama said two different things with regard to the CEPA agreement. If the agreement is signed Sri Lankans will lose many job opportunities, he added.
Responding to a question by a journalist about the status of their alliance, Gammanpila said a decision will be taken after September 22.
The decision depends on the number of SLFP parliamentarians who have decided to remain with the party in the opposition, he added.
Gammanpila said discussions are on to form a new coalition party as well.
இன்று வெளியாகப்போகும் ஐ.நா.அறிக்கையை இங்கு பெறலாம்.
UN Human Rights Office report on Sri Lanka to be published Wednesday ((Today)
GENEVA/COLOMBO (14 September 2015) – The report of the UN Human Rights Council-mandated investigation on Sri Lanka will be made publicly available on Wednesday, 16 September at 10h30 CET time and 14h00 UTC time.
The report will then be posted online on:
http://www.ohchr.org/EN/HRBodies/HRC/Pages/OISL.aspx.
http://www.ohchr.org/EN/HRBodies/HRC/Pages/OISL.aspx.
A press release accompanying the report will also be posted online and disseminated to the media.
UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein will hold a press conference to discuss the findings of the report, including recommendations for the way forward, at 10h30 CET in Geneva. The press conference will be webcast live on http://webtv.un.org.
The OHCHR* Investigation on Sri Lanka was mandated by the Human Rights Council in Resolution 25/1** in March 2014.
The resolution requested the High Commissioner to
“undertake a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka during the period covered by the Lessons Learnt and Reconciliation Commission (LLRC), and to establish the facts and circumstances of such alleged violations and of the crimes perpetrated with a view to avoiding impunity and ensuring accountability, with assistance from relevant experts and special procedures mandate holders.”
For more information about how the investigation was conducted, please visit: http://www.ohchr.org/EN/HRBodies/HRC/Pages/OISL.aspx
ENDS
ENB Note: GENEVA Time is 1 hour plus GMT
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