தரகுத் தமிழன் பெற்றுத் தந்த அமெரிக்க-ஐ.நா நீதி

மேலாதிக்கத்துக்கு உத்தரவாதம்! மாகாண சபைக்கு அதிகாரம்! விசாரணைக்கு அவகாசம்! இதுவே அமெரிக்கத் தீர்மானம்.

Draft Resolution HRC25

மேலாதிக்கத்துக்கு உத்தரவாதம்!

Also underlining underlines that truth-seeking processes, such as truth and reconciliation commissions, that investigate patterns of past human rights violations and their causes and consequences are important tools that can complement judicial processes and that, when established, such mechanisms have to be designed within a specific societal context and to be founded on broad national consultations with the inclusion of victims and civil society, including non-governmental organizations, [OP3 of Resolution 21/15]

மாகாணசபைக்கு அதிகாரம்!

6. Encourages the Government of Sri Lanka to provide the Northern Provincial Council and its Chief Minister with the resources and authority necessary to govern, as required by the 13th Amendment of Sri Lanka’s constitution.

விசாரணைக்கு  அவகாசம்!

8. Welcomes the High Commissioner’s recommendations and conclusions on the need for an independent and credible international investigation in the absence of a credible national process with tangible results, and requests the Office of the High Commissioner to assess progress toward accountability and reconciliation, to monitor relevant national processes, and to investigate alleged violations and abuses of human rights and related crimes by both parties in Sri Lanka, with input from relevant special procedures mandate holders as appropriate, and to present an oral update to the Human Rights Council at its twenty-seventh fourth session, and a comprehensive
report followed by a discussion on the implementation of the present resolution at its twenty-eighth fifth session.

மேலாதிக்கத்துக்கு உத்தரவாதம்!
                  மாகாண சபைக்கு அதிகாரம்!
                               விசாரணைக்கு  அவகாசம்!

இதுவே அமெரிக்கத் தீர்மானம்.

ஊடகங்களுக்கு கசிந்த அமெரிக்கத் தீர்மான வரைபு HRC 25

TEXT: Draft resolution HRC 25

UK,USA,Montenegro,Former Yugoslavian Republic of Macedonia, Mauritius 

ஆகிய ஐந்து நாடுகள், ஐக்கிய நாடுகள் சபையின் மனித உரிமைக் கவுன்சிலுக்கு இலங்கை தொடர்பாக முன்வைக்கவுள்ள தீர்மானத்தின் ஊடகங்களுக்கு கசிந்த  பிரதி.

TEXT:
Draft resolution HRC 25
25/1. Promoting reconciliation, accountability, and human rights in Sri Lanka

The Human Rights Council,
Reaffirming the purposes and principles of the Charter of the United Nations,

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

Bearing in mind General Assembly resolution 60/251 of 15 March 2006,

Recalling Human Rights Council resolutions 5/1, on institution-building of the Council, and 5/2, on
the code of conduct for special procedures mandate holders, of 18 June 2007,

Recalling also Human Rights Council resolutions 19/2 of 22 March 2012 and 22/1 of 21 March 2013
on promoting reconciliation and accountability in Sri Lanka,

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

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

Recognizing the Human Rights Council’s support of all Sri Lankans to enjoy their rights regardless
of creed, faith, or ethnicity, in a peaceful and unified land,

Welcoming and acknowledging the progress made by the Government of Sri Lanka in rebuilding
infrastructure, demining, and resettling the majority of internally displaced persons, but noting
nonetheless that considerable work lies ahead in the areas of justice, reconciliation,
demilitarization, and the resumption of livelihoods, and stressing the importance of the full
participation of local populations, including representatives of civil society and minorities, in these
efforts,

Welcoming the announcement made by the Government of Sri Lanka that elections to the
Provincial Council in the Northern Province will be held in September 2013,
Welcoming the successful Provincial Council elections held on September 21, 2013 and in
particular the high turn-out and participation in all three provinces, but noting with concern reports
of election-related violence, as well as voter and candidate intimidation,

Expressing appreciation for the efforts of the Government of Sri Lanka in facilitating the visit of a
technical mission from the Office of the United Nations High Commissioner for Human Rights, and
encouraging the Government to increase its dialogue and cooperation with the Office of the High
Commissioner, [this strikethrough moved below to pp25] and welcoming the visit of the High
Commissioner to Sri Lanka in August 2013,

Expressing deep concern over reported intimidation and retaliation against civil society members,
including those who met with the High Commissioner during her visit,

Expressing serious concern at the continuing reports of violations of human rights in Sri Lanka,
including sexual and gender-based violence, enforced disappearances, extrajudicial killings,
torture and violations of the rights to freedom of expression, association and peaceful assembly,
as well as intimidation of and reprisals against human rights defenders, members of civil society
and journalists, threats to judicial independence and the rule of law,

Alarmed at the rapid rise in violence and discrimination on the basis of religion or belief,
particularly against members of religious minority groups in Sri Lanka, including Hindus, Muslims
and Christians,

Calling upon the Government of Sri Lanka to fulfil its public commitments, including on the
devolution of political authority which is integral to reconciliation and the full enjoyment of human
rights by all members of its population,

Taking note of the report of the Lessons Learnt and Reconciliation Commission of Sri Lanka, its
findings and recommendations, and acknowledging its possible contribution to the process of
meaningful national reconciliation in Sri Lanka,

Recalling the constructive recommendations contained in the Commission’s report, including the
need to credibly investigate widespread allegations of extrajudicial killings and enforced
disappearances, demilitarize the north of Sri Lanka, implement impartial land dispute resolution
mechanisms, re-evaluate detention policies, strengthen formerly independent civil institutions,
reach a political settlement on the devolution of power to the provinces, promote and protect the
right of freedom of expression for all persons and enact rule of law reforms,

Taking note also of the national plan of action to implement the recommendations of the Lessons
Learnt and Reconciliation Commission of the Government of Sri Lanka and its commitments as set
forth in response to the findings and recommendations of the Commission,

Reiterating Noting that the national plan of action does not adequately address all of the findings
and constructive recommendations of the Commission, and encouraging the Government of Sri
Lanka to broaden the scope of the plan to adequately address all elements of the Commission
report,

Also reiterating Noting with concern that the national plan of action and the Commission’s report do
not adequately address serious allegations of violations of international human rights law and
international humanitarian law,

Emphasizing Emphasizes the importance of a comprehensive approach to transitional justice
incorporating the full range of judicial and non-judicial measures, including, among others,
individual prosecutions, reparations, truth-seeking, institutional reform, vetting of public employees
and officials, or an appropriately conceived combination thereof, in order to, inter alia, ensure
accountability, serve justice, provide remedies to victims, promote healing and reconciliation,
establish independent oversight of the security system and restore confidence in the institutions of
the State and promote the rule of law in accordance with international human rights law, with a view
to preventing recurrence of violations and abuses [OP1 of Resolution 21/15 plus additional phrase]

Also underlining underlines that truth-seeking processes, such as truth and reconciliation
commissions, that investigate patterns of past human rights violations and their causes and
consequences are important tools that can complement judicial processes and that, when
established, such mechanisms have to be designed within a specific societal context and to be
founded on broad national consultations with the inclusion of victims and civil society, including
non-governmental organizations, [OP3 of Resolution 21/15]

Recalling Reaffirms the responsibility of States to comply with their relevant obligations to
prosecute those responsible for gross violations of human rights and serious violations of
international humanitarian law constituting crimes under international law, with a view to end
impunity; [OP5 of HRC 21/15]

Recalling the High Commissioner’s conclusion that national mechanisms have consistently failed
to establish the truth and achieve justice [language from HC’s report para 72], and her
recommendation that the Human Rights Council establish an international inquiry mechanism to
further investigate the Noting the call made by the High Commissioner for an independent and
credible international investigation into alleged violations of international human rights law and
international humanitarian law and monitor any domestic accountability processes [language from
HC’s report para 74],

Encouraging the Government to increase its dialogue and cooperation with the Office of the High
Commissioner, including with regard to technical assistance,

1. Welcomes the oral update of 25 September 2013 and the report of 24 February 2014 of the
Office of the United Nations High Commissioner for Human Rights on advise and technical
assistance for the Government of Sri Lanka on promoting reconciliation and accountability in Sri
Lanka and the recommendations and conclusions contained therein, in particular including on the
establishment of a truth-seeking mechanism and national reparations policy as an integral part of a
more comprehensive and inclusive approach to transitional justice.

2. Calls upon Encourages the Government of Sri Lanka: to implement the recommendations made
in the reports of the Office of the High Commissioner, and also calls upon the Government to
conduct an independent and credible investigation into allegations of violations of international
human rights law and international humanitarian law, as applicableto hold accountable those
responsible for such violations; to end continuing incidents of human rights violations and abuses
in Sri Lanka; and to implement the recommendations made in the reports of the Office of the High
Commissioner; [from strikethrough above]

3. Reiterates its call upon the Government of Sri Lanka to implement effectively the constructive
recommendations made in the report of the Lessons Learnt and Reconciliation Commission, and
to take all necessary additional steps to fulfil its relevant legal obligations and commitment to
initiate credible and independent actions to ensure justice, equity, accountability and reconciliation
for all Sri Lankans.

4. Urges the Government of Sri Lanka to investigate all attacks, by individuals and groups, on
temples, mosques, and churches and to take steps to prevent future attacks; and calls on the
Government of Sri Lanka to investigate and hold accountable perpetrators of attacks on places of
worship, journalists, human rights defenders, members of religious minority groups, and other
members of civil society.

5. Calls upon the Government of Sri Lanka to release the results of its investigations into alleged
violations by security forces, including the attack on unarmed protesters in Weliweriya on August 1, 2013, and the Army Court of Inquiry report of 2013.

6. Encourages the Government of Sri Lanka to provide the Northern Provincial Council and its
Chief Minister with the resources and authority necessary to govern, as required by the 13th
Amendment of Sri Lanka’s constitution.

7. Welcomes the decision of the Government of Sri Lanka to facilitate the visit by the Special
Rapporteur on the Human Rights of Internally Displaced Persons and to issue an invitation to the
Special Rapporteur on the Human Rights of Migrants; and encourages the Government of Sri
Lanka to cooperate with special procedures mandate holders and to respond formally to their
outstanding requests, including by setting dates and providing access.

8. Welcomes the High Commissioner’s recommendations and conclusions on the need for an
independent and credible international investigation in the absence of a credible national process
with tangible results, and requests the Office of the High Commissioner to assess progress toward
accountability and reconciliation, to monitor relevant national processes, and to investigate
alleged violations and abuses of human rights and related crimes by both parties in Sri Lanka, with
input from relevant special procedures mandate holders as appropriate, and to present an oral
update to the Human Rights Council at its twenty-seventh fourth session, and a comprehensive
report followed by a discussion on the implementation of the present resolution at its twenty-eighth
fifth session.

9. Encourages the Office of the High Commissioner and relevant special procedures 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.

10. Calls upon the Government of Sri Lanka to cooperate with the Office of the High Commissioner
concerning the implementation of this resolution.

Received from:UK,USA,Montenegro,Former Yugoslavian Republic of Macedonia; Mauritius on 03/03/14 @ 16.00

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Kerry on Annual Country Reports on Human Rights Practices

Kerry on Annual Country Reports on Human Rights Practices

27 February 2014

U.S. DEPARTMENT OF STATE

Office of the Spokesperson

February 27, 2014

REMARKS

Secretary of State John Kerry

On the Release of the Annual Country Reports on Human Rights Practices

February 27, 2014

Press Briefing Room

Washington, D.C.

SECRETARY KERRY: Well, good morning, everybody. Excuse me. I’ve got a little allergies this morning, I think.

I’m delighted to be here this morning for the second Human Rights report that I have issued as Secretary, and I’m particularly pleased to be here with our Acting Assistant Secretary for Democracy, Human Rights, and Labor, Uzra Zeya, who as I think all of you know, is performing these responsibilities in the capacity as an interim assistant secretary but who has done just a spectacular job and has led the Department in a year-long process to track and make the assessments that are reflected here. So I thank her for a job particularly well done on this year’s Human Rights Report.

The fundamental struggle for dignity, for decency in the treatment of human beings between each other and between states and citizens, is a driving force in all of human history. And from our own nation’s journey, we know that this is a work in progress. Slavery was written into our Constitution before it was written out. And we know that the struggle for equal rights, for women, for others – for LGBT community and others – is an ongoing struggle. And it’s because of the courage and commitment of citizens in each generation that the United States has come closer to living up to our own ideals.

Even as we come together today to issue a report on other nations, we hold ourselves to a high standard, and we expect accountability here at home too. And we know that we’re not perfect. We don’t speak with any arrogance whatsoever, but with a concern for the human condition.

Our own journey has not been without great difficulty, and at times, contradiction. But even as we remain humble about the challenges of our own history, we are proud that no country has more opportunity to advance the cause of democracy and no country is as committed to the cause of human rights as we are.
This year’s report, we think, is especially timely. It comes on the heels of one of the most momentous years in the struggle for greater rights and freedoms in modern history.

In Syria, hundreds were murdered in the dead of night when a disaster occurred at the hands of a dictator who decided to infect the air of Damascus with poisonous gas, and many more have been, unfortunately, confined to die under a barrage of barrel bombs, Scud missiles, artillery, and other conventional weapons.
In Bangladesh, thousands of workers perished in the greatest workplace safety disaster in history.

And from Nigeria to Russia to Iran, indeed in some 80 countries the world over, LGBT communities face discriminatory laws and practices that attack their basic human dignity and undermine their safety. We are seeing new laws like the Anti-Homosexuality Bill enacted by Uganda and signed into law by President Museveni earlier this week, which not only makes criminals of people for who they are, but punishes those who defend the human rights that are our universal birthright.

These laws contribute to a global trend of rising violence and discrimination against LGBT persons and their supporters, and they are an affront to every reasonable conscience, and the United States will continue to stand with our LGBT brothers and sisters as we stand up for freedom, for justice, for equal rights for all people around the world.

And so with this year’s report, we join with many other nations in reaffirming our commitment to a world where speaking one’s mind does not lead to persecution, a world where practicing or changing one’s faith does not lead to imprisonment, and where marching peacefully in the street does not get you beaten up in a blind alley or even killed in plain sight.

So let me be clear. This is not just some high-minded exercise. This is the most comprehensive, authoritative, dispassionate, and factual review of the state of human rights globally, and every American should be proud of it. That’s why Acting Assistant Secretary Zeya of the State Department’s Bureau of Democracy, Human Rights, and Labor and our embassies and consulates around the world have spent countless hours researching and writing these reports, engaging activists, talking to governments, and analyzing NGO and media reports. And that’s why they capture the attention of dictatorships and democracies alike.

This is about accountability. It’s about ending impunity. And it’s about a fight that has gone on for centuries, as long as human beings have been able to think and write and speak and act on their own. The struggle for rights and dignity couldn’t be more relevant to what we are seeing transpire across the globe. The places where we face some of the greatest national security challenges today are also places where governments deny basic human rights to their nations’ people, and that is no coincidence. And it is particularly no coincidence in an age where people have access and want access to more information and the freedom to be able to act – to access information and to be able to act on the basis of that information. That is what has always characterized democracies and free people.

It’s no coincidence that in North Korea, a UN commission of inquiry recently found clear and compelling evidence of wholesale torture and crimes against humanity, reports of people who have been executed summarily and fired at by artillery, fired at by anti-aircraft weapons, 122 millimeter aircraft weapons that literally obliterate human beings, and this has occurred with people in the masses being forced to watch, a form of gross and utter intimidation and oppression.

It’s no coincidence that the first use of a weapon of mass destruction anywhere in the last quarter century came from a dictatorship in Syria in trying to suppress a popular uprising, in trying to suppress the aspirations of young people who simply wanted jobs and education and opportunity.

It’s no coincidence that the brutal violence that we’ve seen recently in South Sudan and the Central African Republic is rooted in cycles of violence stemming from past abuses, marginalization, discrimination, and unwillingness to listen.

And so the United States of America will continue to speak out, without a hint of arrogance or apology, on behalf of people who stand up for their universal rights. And we will stand up in many cases for those who are deprived of the opportunity to be able to stand up for themselves.

We will do so in Venezuela, where the government has confronted peaceful protestors by deploying armed vigilantes, by imprisoning students, and by severely limiting freedoms of expression and assembly. The solution to Venezuela’s problems are not found through violence, and they will not be found through violence, but only through dialogue with all Venezuelans in a climate of mutual respect.

We will do it in Sri Lanka,

where the government still has not answered basic demands for accountability and reconciliation, where attacks on civil society activists, journalists, and religious minorities, sadly, still continue. Our concern about this ongoing situation has led the United States to support another UN Human Rights Council resolution at the March session. We will do so because we know countries that deny human rights and human dignity challenge our interests as well as human interests. But we also know countries that advance those values, those countries that embrace these rights are countries that actually create opportunities.

In Burma, we continue to see a country that was isolated for so many years slowly moving away not just from dictatorship, but toward a more productive partnering with the United States and the international community.

So there are plenty of examples, folks, of places that choose a different road, and that strive to make it work. As today’s report makes clear, Burma still faces the normal challenges, from reforming an undemocratic constitution to ending discrimination and violence against religious and ethnic minorities, but we must continue to encourage progress even as we speak honestly about the problems that persist.
In my first year as Secretary of State, I have been very fortunate to see with my own eyes what we can accomplish when we see our power and use our power and influence to empower others to be able to change things for the better. I’m truly inspired by the civil society activists that I’ve met with in many of the countries I’ve been to – in Hanoi, for instance – people who are standing up for their fundamental rights to speak out and to associate freely. I’m inspired by the 86-year-old human rights pioneer I met in Moscow who has spent a lifetime fighting for the basic rights that we take for granted here in the United States. I’m inspired by a group of young southeast-Asian land rights advocates that I met at the ASEAN regional forum last year who understand that societal problems are best solved when the government works with civil society, not against it.

The truth is that some of the greatest accomplishments in expanding the cause of human rights have come not because of legislative decree or judicial fiat, but they came through the awesomely courageous acts of individuals, whether it is Xu Zhiyong fighting the government transparency that he desires to see in China, or Ales Byalyatski, who is demanding justice and transparency and accountability in Belarus, whether it is Angel Yunier Remon Arzuaga, who is rapping for greater political freedom in Cuba, or Eskinder Nega, who is writing for freedom of expression in Ethiopia. Every single one of these people are demonstrating a brand of moral courage that we need now more than ever.

This year there is actually another name on all of our minds, and that is, of course, the first Human Rights Report since the passing of one of the most courageous individuals of all time, Nelson Mandela. Mandela was more than an inspiration; he was a model. All over the world, I have been in homes and offices where his unmistakable face was on posters and prints. I’ve met so many young kids named Nelson in Africa, but in so many other places where people are aspiring for real change. His influence was just that powerful. Even in his absence, the example that he set will long endure. We carry on his work for those who are walking picket lines, who are sitting in prison cells sometimes unknown to anybody except their family, who are protesting from Cairo to Caracas to Kyiv.

And we have to ask ourselves, as we do this: If we don’t stand with these brave men and women, then what do we stand for and who will stand with them? And if we don’t give voice to those who are voiceless, then who do we speak for and who will give voice to them? The demand for human dignity I believe, President Obama believes – I think all of us believe in this country – is unstoppable. And today we reaffirm our commitment to stand with the many who seek dignity and against the few who deny it.

That’s how we live up to our ideals. That’s how we will meet the demands of this moment. That’s how we will build a more stable and peaceful world.

And before I turn things over to Uzra, let me leave you with one final thought. We obviously have a big agenda. You can see that. And that means we need our full team on the field so that we can get to work. Frankly, it’s unacceptable that so many of our nominees – countless numbers of ambassadors to very important countries are awaiting confirmation. Our national security is not served by keeping many professionals, people who have waited patiently, in a perpetual limbo. Neither is our ability to support democratic rights and aspirations of people all over the world enhanced by what is happening.

Let me give you an example, for instance, of what is happening to Tom Malinowski. Tom is a human rights champion whom the President has picked as his nominee to be the next Assistant Secretary for Democracy, Human Rights, and Labor. Tom has strong bipartisan support. We know of no objection to his nomination – none – and yet, he has been waiting more than 220 days to be confirmed.

So now is the time to send a strong signal that we are not content to sit on the sidelines. I ask and I hope that our colleagues in the Senate will help Tom Malinowski get on the job so that we can continue to lead in these very kinds of issues that I have just laid out here today. We are ready to lead, and that’s when America is at its best, and that’s the vision that has always inspired people. And it always will. And it’s with that understanding that we are committed to continue this important work to defend the rights of people all around the world. That’s how we became a nation, and that’s how we will stay the nation that we want to be.

With that I thank you very much, and I will leave it in the good hands of Uzra. Thank you.

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