Pillay insists on international probe

The UN High Commissioner for Human Rights Navi Pillay, in a statement after presenting her report on Sri Lanka today at the UN Human Rights Council in Geneva, said that an international investigation is a must in Sri Lanka.

Pillay said that new evidence has surfaced over the war in Sri Lanka and witnesses are willing to come forward and give evidence before an international commission.

She said that so far there has not been a credible and independent domestic investigation into alleged human rights abuses during the war.

Pillay also raised concerns over the harassment of human rights defenders in Sri Lanka, including the recent arrest and subsequent release of two human rights activists, even as the UN Human Rights Council was meeting in Geneva.

“We regret to report that there has been little progress in other critical areas identified by the Council in resolution 22/1 and by the LLRC, notably the need to ensure independent and credible investigations into past violations of international human rights and humanitarian law,” she said.

She also said that the Government of Sri Lanka has not responded positively to her office’s repeated offers of technical assistance on specific elements that could advance the accountability and reconciliation agenda. (Colombo Gazette)

Pillay’s opening statement:

Mr. President,

Members of the Human Rights Council,

Excellences,

Ladies and gentlemen,

I am pleased to introduce to the present session of the Council the report of the Office of the United Nations High Commissioner for Human Rights on promoting reconciliation and accountability in Sri Lanka (A/HRC/25/23).

The report examines the progress the Government has made in implementing the recommendations of its Lessons Learnt and Reconciliation Commission (LLRC), as well as those I formulated in my report which were endorsed by the Council in March 2013, and following my visit to the country in August 2013.

The update to the 24th session of the Council reported progress in reconstruction and resettlement of internally displaced persons, elections to the Northern Provincial Council, and in implementing some LLRC recommendations, such as giving effect to the trilingual policy.

We regret to report that there has been little progress in other critical areas identified by the Council in resolution 22/1 and by the LLRC, notably the need to ensure independent and credible investigations into past violations of international human rights and humanitarian law.

The Government of Sri Lanka has not responded positively to OHCHR’s repeated offers of technical assistance on specific elements that could advance the accountability and reconciliation agenda. While welcoming the visit by the Special Rapporteur on Internally Displaced Persons and invitations extended to the special procedures dealing with education and migrants, we encourage the Government to invite other relevant mandate-holders.

We are also disturbed by the continued harassment and intimidation targeting human rights defenders in Sri Lanka, even while this session has been underway, including the detention last week of two prominent NGO activists undertaking human rights work. We welcome their release. We are, however, concerned at their continued surveillance and the restrictions under which they have been placed.

Almost five years since the end of the conflict, it is important for the Human Rights Council to recall the magnitude and gravity of the violations alleged to have been committed at that time by the Government and the LTTE, which left thousands of civilians killed, injured or missing. Failure to address the grief and trauma among victims and survivors undermines confidence in the State and reconciliation.

In recent years, the Government has established various mechanisms with the task to investigate past violations. But none have had the independence to be effective or inspire confidence among victims and witnesses.

At the same time, new evidence continues to emerge, and witnesses are willing to come forward to testify before international mechanisms in which they have confidence and which can guarantee their protection.

This shows that an international inquiry is not only warranted, but also possible, and can play a positive role in eliciting new information and establishing the truth where domestic inquiry mechanisms have failed. We are thus recommending the Council to establish an independent international inquiry mechanism to further investigate the alleged violations of international human rights and humanitarian law and monitor domestic processes. This is essential to advance the right to truth for all in Sri Lanka and create further opportunities for justice, accountability and redress.

Finally, the report before you also provides an overview on recent human rights developments in the country, including attacks on religious minorities and human rights defenders, and on freedom of opinion and expression.

Ladies and Gentlemen,

This concludes my introduction of my Sri Lanka report.

Thank you for your attention.

http://colombogazette.com/2014/03/26/pillay-insists-on-international-probe/

The report on Sri Lanka by the UN High Commissioner for Human Rights Navi Pillay drew mixed reactions by members of the UN Human Rights Council (UNHRC).

In statements made after Pillay submitted the report to the UNHRC, Sri Lanka’s traditional allies Russia, China, Pakistan, Venezuela and Cuba slammed the report while several other countries including the United States, Britain and Greece speaking on behalf of the EU backed the report and calls by Pillay for an international investigation.

http://colombogazette.com/2014/03/26/mixed-reactions-by-unhrc-to-report/

Several countries including Russia and China criticised the report compiled by UN Human Rights Chief Navi Pillay, during the interactive dialogue held at the UNHRC sessions in Geneva yesterday while a majority of countries including the US, UK and France commended the document and called on all countries to support the adoption of the resolution against Sri Lanka.

Sri Lanka received strong backing from Russia, China, Cuba, Pakistan, Venezuela, Belarus and Zimbabwe, which criticised the report submitted by Pillay based on her fact-finding mission to Sri Lanka last August, as ‘imbalanced’ and one that ‘exceeded the mandate granted by resolution 22/1’.

Speaking during the interactive dialogue, representatives from Russia said they could not agree with the contents of the report as it exceed Pillay’s mandate and interfered with the domestic affairs of Sri Lanka. They went on to state that the absence of ‘explosions or civilian deaths’ for the past five years should be recognised, adding that, “Human rights should not be used as a means of settling political goals or gaining geopolitical advantage.”

China too criticised the report as one that had undermined the basis of international cooperation on human rights. “We support Sri Lanka to defend its national independent sovereignty,” the speaker representing China said, while calling on the Office of the High Commissioner for Human Rights (OHCHR) to strictly follow its granted mandate.

“The report does not acknowledge the many achievements by Sri Lanka in reaching towards reconciliation and reflects the imbalance in verifying human rights issues in countries of the South,” the Cuban speaker said in his comments during the interactive session, and added that the proposed international investigation would only create a negative impact on Sri Lanka’s reconciliation process.

Meanwhile Pakistan in its statement said, “Sri Lanka should not be penalised for rooting out terrorism from its soil.”

However, the long list of countries that commended Pillay’s report, which included the US, UK, France, the EU, Montenegro, Ireland, Austria, the Republic of Macedonia, Germany, Norway, Canada and Switzerland, while praising the resettlement and development activities carried out by the Government of Sri Lanka in conflict affected zones, repeatedly stressed on the inadequacy of measures taken with respect to restoring reconciliation and promoting accountability.

Concerns were raised over a number of issues, including harassment/ arbitrary detention of human rights activists, restrictions on media freedom, violence against women particularly in conflict affected zones, attacks on minority communities and places of religious worship. Specific mentions of the recent detentions of Ruki Fernando, Fr. Praveen Maheshan and Jeyakumari were mentioned by the US and Germany.

In a strong statement by the US, the speaker expressed deep concern over the recent reports of attacks on minorities including Muslims and Christians and places of religious worship with specific mentions of ‘indiscriminate killings and ‘alleged war crimes’. “We hope Sri Lanka will respond positively to the technical support offered and take measures to fully implement the LLRC recommendations,” the speaker said.

Meanwhile Greece, making a statement representing the EU, highlighted the reference made in Pillay’s report on Sri Lanka’s failure to address human rights violations as “fundamentally a lack of political will,” and called on all counties to support the adoption of the resolution against Sri Lanka.
Montenegro stated that an independent international inquiry, as called for by the US-backed resolution against Sri Lanka, would be beneficial to establishing the truth.

The UK in their statement commented on the references made by Sri Lanka on the link between the recent detentions and regrouping attempts of the LTTE. “Even when taking action to combat terrorism, it has to be done in a way that is in accord with the specific international obligations,” the speaker said.

Apart from these countries, a long list of Non-governmental organizations, including the Commonwealth Human Rights Initiative, the International Commission of Jurists, Human Rights Watch Canada, World Evangelical Alliance, Amnesty International, International Movement Against All Forms of Discrimination and Racism and the International Buddhist Foundation also made comments during the interactive dialogue held yesterday at the 52nd meeting of the 25th session of the UNHRC in Geneva. (Lakna Paranamanna)

http://www.dailymirror.lk/news/45008-russia-china-criticise-pillays-report-others-commend-it.html

I still cannot understand why the government had arrest two human rights activities just before the Geneva drama.

Ukboy wrote:I still cannot understand why the government had arrest two human rights activities just before the Geneva drama.

I think its connected to the recent shooting incident of a police officer by an LTTE activist (one Gopi) and their suspected connections to the LTTE (trying to re-group). Gopi is still at large. Massive search operation is on.

Ethical Trader wrote:

Ukboy wrote:I still cannot understand why the government had arrest two human rights activities just before the Geneva drama.

I think its connected to the recent shooting incident of a police officer by an LTTE activist (one Gopi) and their suspected connections to the LTTE (trying to re-group). Gopi is still at large. Massive search operation is on.

All drama..to justify the presence of Military in NE..