Full-Report-of-OHCHR-Investigation-on-Sri-Lanka

[Ethical TraderTop contributor]

https://www.scribd.com/doc/281313937/Full-Report-of-OHCHR-Investigation-on-Sri-Lanka

[Future123Active Member]

We can have Hybrid court in SL since taxes of Hybrid cars are high.

[slstockVeteran]

ET what is your view on the report?

[yellow knifeTop contributor]

Hybrid or Electric?

[Future123Active Member]

Hybrid or Electric?

Hybrid court with electric chairs

[sashimaalTop contributor]

(The crux of the report is that the war did involve the killing of innocents, abductions, torture and rape (by both sides), and that we need to take steps to address those crimes and prevent them happening again. I’ve condensed their recommendations here and added some analysis of my own).

INTRODUCTORY COMMENTS
The war was terrible and terrible things happened to fellow human beings. There’s no way around that. At the same time, the war had actually been dragging on for decades and the end of it was seen as a relief by most of the country. It was seen (and I think actually was) an end to suffering, not violence that came out of nowhere. So the local response to this sort of reckoning is conflicted.

NOT FAIR TO SRI LANKA?
It is very easy to look at a report like this and say it’s not fair to Sri Lanka. The US and many of its allies are violators of human rights and war criminals on an industrial scale but they get away with it because they’re connected. This is true. This sort of attention actually isn’t fair to Sri Lanka in a global, political sense.


That, however, is an unfair response when you are talking about fellow human beings, fellow Sri Lankans, who suffered. So we have to balance what’s fair to Sri Lanka (the state) and the very human Sri Lankans who suffered.


JUST WAR?
It is also easy to say ‘this is war’ – because it is. There are no wars where innocents are not killed, kidnapped, tortured or raped. It’s a sad fact of the world that war itself is a war crime.

However, this does not have to be the only way. It is possible to have a disciplined military and it is possible to have at least justice and an accounting for what happens.

…

So I guess I’ve tried to take the reports recommendations in that spirit. I think ending the war was necessary and important but that doesn’t make the suffering involved right. I do think we can look at our past clearly and make changes to improve our future.

Personally, I don’t agree with all the recommendations, but here they are:


RECOMMENDATIONS FROM THE REPORT
Shortened and paraphrased by me. Read the whole thing. I’ve bolded the parts that will be especially controversial.


GENERAL

(a) Set up a executive group to implement this report and others;
(b) Invite OHCHR to set up an office;
(c) Initiate genuine consultations;
(d) Invite the Special Rapporteur on truth, justice, reparations;


INSTITUTIONAL REFORMS

(e) Through the Constitutional Council, appoint a new Human Rights Commission;
(f) Issue instructions to all security forces that torture, rape, sexual violence and other human rights violations are prohibited;
(g) Develop a fully-fledged vetting process respecting due process to remove from office military and security force personnel and any other public official where there are reasonable grounds to believe that they were involved in human rights violations;
(h) Prioritize the return of private land;
(i) Disarm groups affiliated with political parties;
(j) Review the Prevention of Terrorism Act (PTA) and Public Security Ordinance Act;


JUSTICE

(k) Review the Victim and Witness Protection Act;
(l) Accede to the International Convention on the Protection of All Persons from Enforced Disappearances, the Additional Protocols to the Geneva Convention, and the Rome Statute of the International Criminal Court;
(m) Enact legislation to criminalize war crimes, crimes against humanity, genocide and enforced disappearances without statute of limitation; Enact various modes of criminal liability, notably command or superior responsibility;
(n) Adopt a specific legislation establishing an ad hoc hybrid special court, integrating international judges, prosecutors, lawyers and investigators, mandated to try war crimes and crimes against humanity, with its own independent investigative and prosecuting organ, defense office and witness and victims protection program, and resource it so that it can promptly and effectively try those responsible;
(o) Carry out a comprehensive mapping of all legal cases related to serious human rights violations;
(p) Reinforce the forensic capacity of the judiciary;
(q) Review all cases of detainees held under the PTA;


TRUTH/RIGHT TO KNOW

(r) Dispense with the current Presidential Commission on Missing Persons;
(s) Develop a central database of all detainees;
(t) Publish all unpublished reports of the many human rights-related commissions of inquiry;
(u) Preserve all existing records;


REPARATIONS

(v) Develop a national reparations policy;
(w) Strengthen programmes of psychosocial support for victims;


CONCLUDING OPINION
So yeah, there’s a lot in there. The report is interesting in that it actually spends a lot of time discussing how much things have changed since January 8th and the new government. It says:

This report is being presented in a very different context to the one in which it was mandated. The election of a new President and Government on a platform centred on good governance, human rights and the rule of law provide a historic opportunity for Sri Lanka to address the grave human rights violations that have wracked its past;
And indeed, this is a very different government. Beyond the changes the UN recommends, this government has the potential to rewrite the Constitution and reform the electoral system to make a country safer and more equitable for all.

Personally, I think this government is capable of reading this report and learning from it. I think that we should take its recommendations wherever possible, though I think on the Justice side, any reckoning should be non-punitive – more along the lines of the South African truth and reconciliation commission.

What they propose here – enacting new laws to retroactively criminalize stuff and then trying the security forces under local and international judges – I don’t think that will or should fly. However, I think we should take most of these recommendations to heart and make real changes to make the country better for everyone.

The fact is that war is like this and Sri Lanka is being singled out for being small, and for being in the targets of a vituperative LTTE diaspora. But that’s a petulant way of looking at it, and one which acts like the people hurt weren’t important. Which is not how we should act about family. Those people were Sri Lankan and they were human and they and we deserve an accounting and changes that ensure that violence like this never happens again. Eliminating the LTTE has gone a long way towards that goal. Improving Sri Lanka is the next hard work to come.

[007]

Very welcoming thought sashimaal truth may be hard to accept but any how truth is truth

[jiggysaurusTop contributor]

If Appachchi and his US citizen siblings were still in power there's be noise about Sanctions by now.

With a US friendly government in place it's upto the Yankees to deliver a softened resolution at the end of the session.

[HUNTERTop contributor]

Thanks ET and Sashi !

I love to hear and think what could be in between the lines than words written there.

sense that we're being a target of some very big (Global) political agenda and it's not going to end soon.

[Ethical TraderTop contributor]

ET what is your view on the report?

The report deals with human rights violations, (not crimes) and does not name any person/s responsible.

It allows the country concerned to name the names and to see whether there were any criminal charges against them and take appropriate action acceptable to all concerned.

So called recommendation on hybrid court investigation is the direct result of continued lies and cover-ups by the previous regime on the advice by certain consultants like Dayan Jayathilaka. Theoritical arguments on soverinity and interference on internal affairs by the UN is a ruse to cover-up misdeeds of previous regime. If they genuinly attempted to bring those violators to book no such hybrid courts proposal would be needed. Hence, the previous regime is responsible for the "untrust" created in the world community on our judicial system.

We canot develop this country by lying to the international community and avoiding due process for any human rights violations in the past. We need to show genuine effort to resolve all these in a transparent manner acceptable to the world. Then only we can be assurred of FDI badly needed to boost our economy. This objective cannot be achieved by continues lying and cover-ups.

Thus, the report gives a respectable space to us to deal with our internal affairs without direct international interference. The report should never be treated as an interference in our internal affairs because UN Human Rights Commission is an organization in which we too are active members. The dead rope given by so called consultants such as Dayan Jayathilaka should not be entertained. He does not seem to know that we too are members of the UN system.

[kassTop contributor]

ET what is your view on the report?

The report deals with human rights violations, (not crimes) and does not name any person/s responsible.

It allows the country concerned to name the names and to see whether there were any criminal charges against them and take appropriate action acceptable to all concerned.

So called recommendation on hybrid court investigation is the direct result of continued lies and cover-ups by the previous regime on the advice by certain consultants like Dayan Jayathilaka. Theoritical arguments on soverinity and interference on internal affairs by the UN is a ruse to cover-up misdeeds of previous regime. If they genuinly attempted to bring those violators to book no such hybrid courts proposal would be needed. Hence, the previous regime is responsible for the "untrust" created in the world community on our judicial system.

We canot develop this country by lying to the international community and avoiding due process for any human rights violations in the past. We need to show genuine effort to resolve all these in a transparent manner acceptable to the world. Then only we can be assurred of FDI badly needed to boost our economy. This objective cannot be achieved by continues lying and cover-ups.

Thus, the report gives a respectable space to us to deal with our internal affairs without direct international interference. The report should never be treated as an interference in our internal affairs because UN Human Rights Commission is an organization in which we too are active members. The dead rope given by so called consultants such as Dayan Jayathilaka should not be entertained. He does not seem to know that we too are members of the UN system.

I think US is also a member in this so called HR Commission, wonder what the commissioner did when US bombed Iraq, Afghanistan and their drones killing many civilians. Gorge Bush invaded Afghanistan with out the permission of UN and many other countries these, we all know what happens those days, but we simply ignore them and take the whole blame on us.

As Hunter said a bigger global wrath is upon us especially from the West lead by US and UK. This is due to MR defeating LTTE ignoring the West people's request. They think this as a grate insult to their command.

Yes there are problems in our system so as theirs. When black people are shot in USA and black people were shot in London where were these so called Human Rights people ( or blacks and Muslims are not people by their books).

[jiggysaurusTop contributor]

When black people are shot in USA and black people were shot in London where were these so called Human Rights people ( or blacks and Muslims are not people by their books).

What did you expect? Begger nations have to live by the rules laid by the sole superpower. The only escape for begger nations is to develop the economy (Japan, Singapore) or toe a pro-superpower line (Saudi, Israel).
Acting like village thugs and giving pora talks to Superpowers come and back and bite

[HUNTERTop contributor]

When black people are shot in USA and black people were shot in London where were these so called Human Rights people ( or blacks and Muslims are not people by their books).

What did you expect? Begger nations have to live by the rules laid by the sole superpower. The only escape for begger nations is to develop the economy (Japan, Singapore) or toe a pro-superpower line (Saudi, Israel).
Acting like village thugs and giving pora talks to Superpowers come and back and bite

Agreed with both (even if conflicting a little).

I think there is a third situation as well; something like Philippines. I feel we are slowly drifting towards that (or being pushed there).
If I am correct, within next couple of years, there's going to be some massive 'brain wash' campaigns; specially targeting younger generations; Highlighting the superiority of 'internationalized' cultures, values and systems.

(I am not scared or frightened though; each system has both good and bad)

[kassTop contributor]

When black people are shot in USA and black people were shot in London where were these so called Human Rights people ( or blacks and Muslims are not people by their books).

The only escape for begger nations is to develop the economy (Japan, Singapore) or toe

How to develop the economy with out the support of the superpower   So either we ever stay beggars or become rich slaves of super powers.

However their are some super powers you missed like China who were our friends throughout the history. All the countries that emerge on their own had their own national philosophy, and dignity as a country and did not play political games with  the national interest of the country. They had the country first attitude, where as we have me, my party, my position first. That's why we are beggers

[kassTop contributor]

This report brings allegations against Sri Lankan goverment and LTTE. OK we have MR and Gota to punish for the crimes done by the government, on the other hand to whom they are going to punish for the crimes done by LTTE? is it Sampantha??

This hybrid court reminds me the Beddegama movie where innocent sinidu (or was it babanis) sentenced by a sudda judge. It seems that we are still in Beddegama even after a century

My view is that RW should show his colors and soften the stance of US with out giving 100% of what they want. Let's see how things go

[slstockVeteran]

Agree.

All the countries that emerge on their own had their own national philosophy, and dignity as a country and did not play political games with  the national interest of the country. They had the country first attitude, where as we have me, my party, my position first. That's why we are beggers

[007]

When black people are shot in USA and black people were shot in London where were these so called Human Rights people ( or blacks and Muslims are not people by their books).

The only escape for begger nations is to develop the economy (Japan, Singapore) or toe

How to develop the economy with out the support of the superpower   So either we ever stay beggars or become rich slaves of super powers.




However their are some super powers you missed like China who were our friends throughout the history. All the countries that emerge on their own had their own national philosophy, and dignity as a country and did not play political games with  the national interest of the country. They had the country first attitude, where as we have  me, my party, my position first. That's why we are beggers

we become beggars because of me and my family attitude that create ultimate hunger for power that lead to communist ideology and we become isolated from international community

[jiggysaurusTop contributor]

My view is that RW should show his colors and soften the stance of US with out giving 100% of what they want. Let's see how things go

Ponils colors has been generally yellow all the way from 83 but at this point in time it better to have a yellow striped fox in charge of dealing with the Yankees rather than a vashi boley squeezing buffalo in charge.
The US has always backed its friends even the crappy ones like Saudi and Israel let's see what they deliver for Ponil.

[HUNTERTop contributor]

My view is that RW should show his colors and soften the stance of US with out giving 100% of what they want. Let's see how things go

Ponils colors has been generally yellow all the way from 83 but at this point in time it better to have a yellow striped fox in charge of dealing with the Yankees rather than a vashi boley squeezing buffalo in charge.
The US has always backed its friends even the crappy ones like Saudi and Israel let's see what they deliver for Ponil.

Appreciate your knowledge mate.

But, if Yankees back its friends always, then why 'Dicky' uncle didn't get much when needed?

[jiggysaurusTop contributor]

But, if Yankees back its friends always, then why 'Dicky' uncle didn't get much when needed?

How could they back Dickie after he let his citizens burn in 83. Even though there was no CNN there was still Life and Time to run news articles. They could back Israel because of the strategic implications and the political clout of the Israel lobby. SL was far down the ladder in 83.
But you could make an argument that Dickie friendship with the Yanks meant that the Indira b*** couldn't launch a full scale invasion after July 83 (similar to what she pulled with East Pakis) and she had to pull a proxy war.

[Ethical TraderTop contributor]

ET what is your view on the report?

The report deals with human rights violations, (not crimes) and does not name any person/s responsible.

It allows the country concerned to name the names and to see whether there were any criminal charges against them and take appropriate action acceptable to all concerned.

So called recommendation on hybrid court investigation is the direct result of continued lies and cover-ups by the previous regime on the advice by certain consultants like Dayan Jayathilaka. Theoritical arguments on soverinity and interference on internal affairs by the UN is a ruse to cover-up misdeeds of previous regime. If they genuinly attempted to bring those violators to book no such hybrid courts proposal would be needed. Hence, the previous regime is responsible for the "untrust" created in the world community on our judicial system.

We canot develop this country by lying to the international community and avoiding due process for any human rights violations in the past. We need to show genuine effort to resolve all these in a transparent manner acceptable to the world. Then only we can be assurred of FDI badly needed to boost our economy. This objective cannot be achieved by continues lying and cover-ups.

Thus, the report gives a respectable space to us to deal with our internal affairs without direct international interference. The report should never be treated as an interference in our internal affairs because UN Human Rights Commission is an organization in which we too are active members. The dead rope given by so called consultants such as Dayan Jayathilaka should not be entertained. He does not seem to know that we too are members of the UN system.

I think US is also a member in this so called HR Commission, wonder what the commissioner did when US bombed Iraq, Afghanistan and their drones killing many civilians. Gorge Bush invaded Afghanistan with out the permission of UN and many other countries these, we all know what happens those days, but we simply ignore them and take the whole blame on us.

As Hunter said a bigger global wrath is upon us especially from the West lead by US and UK. This is due to MR defeating LTTE ignoring the West people's request. They think this as a grate insult to their command.

Yes there are problems in our system so as theirs. When black people are shot in USA and black people were shot in London where were these so called Human Rights people ( or blacks and Muslims are not people by their books).

I dont dispute what you say, but compare their judicial systems with ours. Their judicial systems are capable of taking care of any violations of laws by any one irrespective of the status of the culprit. Instead, our systems are tightly controlled by the political leaders.

Until this government corrected some of the weaknesses in the system (we canot do it over-night) all those rogues in power were spared and only those in the opposition were hunted. Minorities were hounded if they voice against the govt., journalists were harrassed or killed if they do not fall in line. In addition the system was highly corrupt and lethargic.

Hence, the distrust created among the UN system members lead to this "hybrid" proposal. ?Can we blame USA for this.

[yellow knifeTop contributor]

The Laws of USA led UNO is like Wolf's law imposed on sheep... What ever wolf does is right and what ever sheep does is wrong..

We have to study how other nations overcame US/UNO lead threats in economical and social advances.

Japan is the best country we have to study..specially in economic fight .

Japan used to devalue their currency and subsidizing exporters who manufacture products. This innocent effort was like thrones to US and Britain who were the leading manufacturers in those days.

But Japan was very creative.

When Japan was forced under the General Agreement on Tariffs and Trade (GATT) to stop tax exemptions of export earnings in 1694 , MITI instead based firms' depreciation allowances on export performance- an equivalent tax rebate by a back door.

We can not now escape form US and also Indian captivity. It happened to many other smaller countries near big industrialized nations who want to export their excess.

While allowing the newly elected government to sort out on its own, we have to educate ourselves on efforts taken by Japan and China to economically grow specially without begging for FDIs.

[jiggysaurusTop contributor]

Japan is the best country we have to study..specially in economic fight .

Ayyo how to compare shoeshine land with Jap land?

Jap land is 100% Jap and filled with hardworking peoples. They will happily work 80+ hours a week and take zero holidays. Shoeshine land is filled peoples and racists who define themselves based on ethnicity rather than nationality also it is full of lazy jeaolus shoeshine boys who don't wont others to do better than themselves and  the shoeshine boys want to only work 30 hours a week and take 30 holidays a year.

Lazy shoeshine land can't be compared to japland better we compare to Sudan, Ethiopia, Uganda.

Also remember Japland was full pro US throughout the cold war and allowed US bases on their land so got access to US markets and developed through Exports. The unqualified widow who ran shoeshine land for most of the cold war went inside Indira's saree and become non aligned/soviet leaning thereby missed a golden opportunity to back the eventual winner.

[yellow knifeTop contributor]

Jiggy

I agree to many points in your argument.

This is a factor mentioned in Why Nations Fail..

You cannot engineer development .. Its a gradual process

Japan, Britain, and Israel have their own policies and though it appears they are really with US, there are many times they played the game safe with US.

Japan's hard working and loyalty towards leaders are exemplary. The way Japanese behaved during Hrioshima Nagasaki as well as Fukishima is similar irrespective of the time gap between these two incidents.

Japanese thinking and attempt to reach prosperous economic situation was not one simple effort.

The only negative factor in your argument is if we continoulsy try to down-grade SL to Sudan and if all scholars, politicians, writers repeat the same we cannot expect anything more than that...

[HAL9000Top contributor]

Japan is the best country we have to study..specially in economic fight .

Ayyo how to compare shoeshine land with Jap land?

Jap land is 100% Jap and filled with hardworking peoples. They will happily work 80+ hours a week and take zero holidays. Shoeshine land is filled peoples and racists who define themselves based on ethnicity rather than nationality also it is full of lazy jeaolus shoeshine boys who don't wont others to do better than themselves and  the shoeshine boys want to only work 30 hours a week and take 30 holidays a year.

Lazy shoeshine land can't be compared to japland better we compare to Sudan, Ethiopia, Uganda.

Also remember Japland was full pro US throughout the cold war and allowed US bases on their land so got access to US markets and developed through Exports. The unqualified widow who ran shoeshine land for most of the cold war went inside Indira's saree and become non aligned/soviet leaning thereby missed a golden opportunity to back the eventual winner.

Jigs rarely come up with a detailed replies, and this explained what happened to us to the hit.