March 6, 2014 India Tutu calls for international probe in Sri Lanka Archbishop Desmond Tutu of South Africa and other human rights campaigners have urged the United Nations Human Rights Council to commit to an independent international investigation in the form of a Commission of Inquiry into human rights violations in Sri Lanka. The following is the text of their statement: We, concerned individuals and organisations from around the world, urge the UN Human Rights Council (UNHRC) to use their March 2014 session to pass a resolution that will include a commitment to an Independent International investigation in the form of a Commission of Inquiry. Only this will help to put the country on the path to justice and reconciliation. Although the long-running civil war ended in May 2009, a lasting peace is not in sight and we remain gravely concerned for the future of the people of Sri Lanka. A fear and sense of injustice persists, not just among minorities and political activists, but among ordinary people desperately trying to rebuild their lives. A number of unresolved issues remain, including ongoing human rights violations, credible allegations of crimes against humanity and war crimes, and the lack of progress towards longer-term political solutions and reconciliation. Left unaddressed, these issues could lead to renewed conflict. Post-conflict processes do take time, but what matters is getting on the right path. Nearly five years after the war ended, the situation appears to be getting worse, not better. The biggest issue Sri Lanka faces is a systemic lack of respect for the rights of its citizens, particularly — but not exclusively — its minority citizens. This is rooted in a culture of impunity which is in turn rooted in a failure to hold to account those, on both sides, who committed some of the worst atrocities this century. Only an independent international investigation of these atrocities will end this culture of impunity and give the people of Sri Lanka a chance to climb out of the cycle of violence towards a lasting peace. For these reasons, there have been numerous calls over the years for such an investigation: from a renowned panel of experts appointed by UN Secretary General Ban Ki-Moon, from UN High Commissioner for Human Rights Navi Pillay, from a host of Sri Lankan and international individuals, Non-Governmental Organisations, and politicians, and from many thousands of petitioners all over the world. We represent organisations and individuals in many countries. The Sri Lankan government claims that attempts to set up an international inquiry in Sri Lanka come exclusively from the west, and represent a form of imperialism. Not so. Many of us come from countries that have also seen conflict, and attempts at reconciliation after it. Standing in solidarity with the many Sri Lankans who feel their government is making a mistake, we urge the United Nations to establish a Commission of Inquiry. Signed by: Archbishop Desmond Tutu, South Africa; Yasmin Sooka, Executive Director, Foundation for Human Rights, South Africa; Rayappu Joseph, Bishop of Mannar and President of Tamil Civil Society in Sri Lanka; R. Sampanthan, Leader of the Tamil National Alliance; C.V.Wigneswaran, Chief Minister of Northern Provincial Council; Danny Sriskandarajah, Secretary General, CIVICUS, the world Alliance for Civilian Participation, South Africa; Irene Fernandez, Right Livelihood Award, Malaysia; Bashana Abeywardane,
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March 6, 2014
India
Tutu calls for international probe in Sri
Lanka
Archbishop Desmond Tutu of South Africa and other human rights campaigners have urged the United Nations Human Rights Council to commit to an independent international investigation in the form of a Commission of Inquiry into human rights violations in Sri Lanka. The following is the text of their statement:
We, concerned individuals and organisations from around the world, urge the UN Human Rights Council (UNHRC) to use their March 2014 session to pass a resolution that will include a commitment to an Independent International investigation in the form of a Commission of Inquiry. Only this will help to put the country on the path to justice and reconciliation.
Although the long-running civil war ended in May 2009, a lasting peace is not in sight and we remain gravely concerned for the future of the people of Sri Lanka. A fear and sense of injustice persists, not just among minorities and political activists, but among ordinary people desperately trying to rebuild their lives. A number of unresolved issues remain, including ongoing human rights violations, credible allegations of crimes against humanity and war crimes, and the lack of progress towards longer-term political solutions and reconciliation. Left unaddressed, these issues could lead to renewed conflict.
Post-conflict processes do take time, but what matters is getting on the right path. Nearly five years after the war ended, the situation appears to be getting worse, not better.
The biggest issue Sri Lanka faces is a systemic lack of respect for the rights of its citizens, particularly — but not exclusively — its minority citizens. This is rooted in a culture of impunity which is in turn rooted in a failure to hold to account those, on both sides, who committed some of the worst atrocities this century.
Only an independent international investigation of these atrocities will end this culture of impunity and give the people of Sri Lanka a chance to climb out of the cycle of violence towards a lasting peace. For these reasons, there have been numerous calls over the years for such an investigation: from a renowned panel of experts appointed by UN Secretary General Ban Ki-Moon, from UN High Commissioner for Human Rights Navi Pillay, from a host of Sri Lankan and international individuals, Non-Governmental Organisations, and politicians, and from many thousands of petitioners all over the world.
We represent organisations and individuals in many countries. The Sri Lankan government claims that attempts to set up an international inquiry in Sri Lanka come exclusively from the west, and represent a form of imperialism. Not so. Many of us come from countries that have also seen conflict, and attempts at reconciliation after it. Standing in solidarity with the many Sri Lankans who feel their government is making a mistake, we urge the United Nations to establish a Commission of Inquiry.
Signed by: Archbishop Desmond Tutu, South Africa; Yasmin Sooka, Executive Director, Foundation for Human Rights, South Africa; Rayappu Joseph, Bishop of Mannar and President of Tamil Civil Society in Sri Lanka; R. Sampanthan, Leader of the Tamil National Alliance; C.V.Wigneswaran, Chief Minister of Northern Provincial Council; Danny Sriskandarajah, Secretary General, CIVICUS, the world Alliance for Civilian Participation, South Africa; Irene Fernandez, Right Livelihood Award, Malaysia; Bashana Abeywardane,
Co-ordinator, Journalists for Democracy in Sri Lanka ... and others representing human rights activists and organisations in South Africa, Lebanon, Nepal, Afghanistan, Kosovo, Pakistan, Uganda, India, Cambodia, Malaysia, Brazil, and Japan.
South Africa
05 Mar 2014 00:00
Tutu to the UN: Sri Lanka needs healing
In a letter to the UN, Archbishop Emeritus Desmond Tutu, representing human rights
activists, has appealed for a commission of inquiry in Sri Lanka.
We, concerned individuals and organisations from around the world, urge the United Nations
Human Rights Council (UNHRC) to use their March 2014 session to pass a resolution that
will include a commitment to an independent international investigation in the form of a
commission of inquiry in Sri Lanka. Only this will help put the country on the path to justice
and reconciliation.
Although the long-running civil war ended in May 2009, a lasting peace is not in sight and
we remain gravely concerned for the future of the people of Sri Lanka. A fear and sense of
injustice persists, not just among minorities and political activists, but among ordinary people
desperately trying to rebuild their lives. A number of unresolved issues remain, including
ongoing human rights violations, credible allegations of crimes against humanity and war
crimes, and the lack of progress towards longer-term political solutions and reconciliation.
Left unaddressed, these issues could lead to renewed conflict.
Post-conflict processes do take time, but what matters is getting on the right path. Nearly five
years after the war ended, the situation appears to be getting worse, not better.
The biggest issue Sri Lanka faces is a systemic lack of respect for the rights of its citizens,
particularly – but not exclusively – its minority citizens. This is rooted in a culture of
impunity that is in turn rooted in a failure to hold to account those, on both sides, who
committed some of the worst atrocities this century.
Only an independent international investigation of these atrocities will end this culture of
impunity and give the people of Sri Lanka a chance to climb out of the cycle of violence
towards a lasting peace. For these reasons, there have been numerous calls over the years for
such an investigation: from a renowned panel of experts appointed by UN secretary general
Ban Ki-Moon, from UN high commissioner for human rights Navi Pillay, from a host of Sri
Lankan and international individuals, nongovernmental organisations, and politicians, and
from many thousands of petitioners all over the world.
We represent organisations and individuals in many countries. The Sri Lankan government
claims that attempts to set up an international inquiry in Sri Lanka come exclusively from the
West, and represent a form of imperialism. Not so. Many of us come from countries that have
also seen conflict, and attempts at reconciliation after it. We know Sri Lanka is going to need
help from the international community to get back on track. Standing in solidarity with the
many Sri Lankans who feel their government is making a mistake, we urge the United
Nations to establish a commission of inquiry.
Signed:
Archbishop Desmond Tutu, South Africa
Yasmin Sooka, executive director, Foundation for Human Rights, South Africa
Right Reverend Rayappu Joseph, bishop of Mannar and president of Tamil Civil
Society in Sri Lanka
Honourable Rajavarothayam Sampanthan - leader of the Tamil National Alliance
(TNA) and member of Parliament of Sri Lanka
Honourable CV Wigneswaran - chief minister of Northern Provincial Council (NPC)
and former Supreme Court Judge (Sri Lanka)
Danny Sriskandarajah, secretary general, CIVICUS, the world Alliance for Civilian
Participation, South Africa
Dr Irene Fernandez, Right Livelihood Award, Malaysia
Bashana Abeywardane, exiled Sinhalese journalist, co-ordinator Journalists for
Democracy in Sri Lanka
Maggie Ndagire, programme director, on behalf of Women and Children's
Empowerment Network in Africa (WACENA), Uganda
Flavia Piovesan, professor of human rights and constitutional law, Catholic University
of Sao Paulo, Brazil
... and 28 others representing human rights activists and organisations in South Africa,
Lebanon, Afghanistan, Kosovo, Pakistan, Uganda, India, Cambodia, Malaysia, Brazil, Japan,
Bosnia, Mongolia, Cote d'Ivoire, Nepal and Thailand.
In a letter to the UN, Archbishop Desmond Tutu, representing human rights activists, has
appealed for a commission of inquiry in Sri Lanka. The following is the text of a statement
presented at the UN.
We, concerned individuals and organisations from around the world, urge the United Nations
Human Rights Council (UNHRC) to use their March 2014 session to pass a resolution that
will include a commitment to an independent international investigation in the form of a
commission of inquiry in Sri Lanka. Only this will help put the country on the path to justice
and reconciliation.
Although the long-running civil war ended in May 2009, a lasting peace is not in sight and
we remain gravely concerned for the future of the people of Sri Lanka. A fear and sense of
injustice persists, not just among minorities and political activists, but among ordinary people
desperately trying to rebuild their lives. A number of unresolved issues remain, including
ongoing human rights violations, credible allegations of crimes against humanity and war
crimes, and the lack of progress towards longer-term political solutions and reconciliation.
Left unaddressed, these issues could lead to renewed conflict.
Post-conflict processes do take time, but what matters is getting on the right path. Nearly five
years after the war ended, the situation appears to be getting worse, not better.
The biggest issue Sri Lanka faces is a systemic lack of respect for the rights of its citizens,
particularly – but not exclusively – its minority citizens. This is rooted in a culture of
impunity that is in turn rooted in a failure to hold to account those, on both sides, who
committed some of the worst atrocities this century.
Only an independent international investigation of these atrocities will end this culture of
impunity and give the people of Sri Lanka a chance to climb out of the cycle of violence
towards a lasting peace. For these reasons, there have been numerous calls over the years for
such an investigation: from a renowned panel of experts appointed by UN secretary general
Ban Ki-Moon, from UN high commissioner for human rights Navi Pillay, from a host of Sri
Lankan and international individuals, nongovernmental organisations, and politicians, and
from many thousands of petitioners all over the world.
We represent organisations and individuals in many countries. The Sri Lankan government
claims that attempts to set up an international inquiry in Sri Lanka come exclusively from the
West, and represent a form of imperialism. Not so. Many of us come from countries that have
also seen conflict, and attempts at reconciliation after it. We know Sri Lanka is going to need
help from the international community to get back on track. Standing in solidarity with the
many Sri Lankans who feel their government is making a mistake, we urge the United
Yasmin Sooka, executive director, Foundation for Human Rights, South Africa
Right Reverend Rayappu Joseph, bishop of Mannar and president of Tamil Civil Society in
Sri Lanka
Honourable Rajavarothayam Sampanthan – leader of the Tamil National Alliance (TNA) and
member of Parliament of Sri Lanka
Honourable CV Wigneswaran – chief minister of Northern Provincial Council (NPC) and
former Supreme Court Judge (Sri Lanka)
Danny Sriskandarajah, secretary general, CIVICUS, the world Alliance for Civilian
Participation, South Africa
Dr Irene Fernandez, Right Livelihood Award, Malaysia
Bashana Abeywardane, exiled Sinhalese journalist, co-ordinator Journalists for Democracy in
Sri Lanka
Maggie Ndagire, programme director, on behalf of Women and Children’s Empowerment
Network in Africa (WACENA), Uganda
Flavia Piovesan, professor of human rights and constitutional law, Catholic University of Sao
Paulo, Brazil
… and 28 others representing human rights activists and organisations in South Africa,
Lebanon, Afghanistan, Kosovo, Pakistan, Uganda, India, Cambodia, Malaysia, Brazil, Japan,
Bosnia, Mongolia, Cote d’Ivoire, Nepal and Thailand.
Anglican News Service
Desmond Tutu backs calls for international
probe on Sri Lanka
Posted on: March 5, 2014 10:33 AM
Retired Anglican Archbishop Desmond Tutu has called the United Nations Human Rights
Council (UNHRC) to use this year's sessions to pass a resolution that will "include a
commitment to an independent international investigation in the form of a commission of
inquiry in Sri Lanka."
In a letter to the UNHRC, he said that only this will help put the country on the path to justice
and reconciliation. The letter has been signed by several human rights activists who have
called for an international probe on Sri Lanka.
However, South African Minister of International Relations and Cooperation Nkoana
Mashabane has backed Sri Lanka to have its own mechanism.
“Mr President the Human Rights Council has been seized with the issue of Sri Lanka for a
while. Let me share with you, Mr. President our approach on the Sri Lanka situation. It is
important that we allow Sri Lankans to find each other, and out of this find solutions that are
durable for their country. We as, as South Africans also had to find each other and
consequently find our own solution to our own problem. This is our wish for the people of Sri
Lanka.”
Following are excerpts of the letter sent by Retired Anglican Archbishop Desmond
Tutu:
We, concerned individuals and organisations from around the world, urge the United Nations
Human Rights Council (UNHRC) to use their March 2014 session to pass a resolution that
will include a commitment to an independent international investigation in the form of a
commission of inquiry in Sri Lanka. Only this will help put the country on the path to justice
and reconciliation.
Tutu calls for international probe on Sri
Lanka
Published : 12:51 am March 6, 2014
South African Archbishop Emeritus and Nobel Laureate, Desmond Tutu has called on the UN Human Rights Council to establish a Commission of Inquiry to investigate allegations of war crimes in Sri Lanka. In an open letter to the UNHRC, Tutu who is also member of The Elders, a grouping of global leaders striving to foster peace and human rights in the world, said the Council should use the March session this year to include a commitment to an independent international inquiry in the form of a CoI on Sri Lanka. “Only this will help to put the country on the path to justice and reconciliation,” Tutu’s letter, which is also signed by several human rights activists and religious leaders said. Tutu said the biggest issue facing Sri Lanka was what he called a “systematic lack of respect for the rights of its citizens, particularly – but not exclusively – its minority citizens. “Post-conflict processes do take time, but what matters is getting on the right path. Nearly five years after the war ended, the situation appears to be getting worse, not better,” the letter said.
Archbishop Desmond Tutu: Sri Lanka
shows “a systemic lack of respect for the
rights of its citizens”
5 March 2014 AT 17:24 LK TIME
Archbishop Desmond Tutu and a range of other human rights activists have written an open
letter the UN Human Rights Council, expressing their support for an independent
investigation into war crimes in the country.
The group say that, “A fear and sense of injustice persists [in Sri Lanka], not just among
minorities and political activists, but among ordinary people desperately trying to rebuild
their lives,” and that, “The biggest issue Sri Lanka faces is a systemic lack of respect for the
rights of its citizens, particularly – but not exclusively – its minority citizens. This is rooted in
a culture of impunity that is in turn rooted in a failure to hold to account those, on both sides,
who committed some of the worst atrocities this century.”
They say that, “Only an independent international investigation of these atrocities will end
this culture of impunity and give the people of Sri Lanka a chance to climb out of the cycle of
violence towards a lasting peace,” but deny that calls for an independent inquiry come only
from the West, as the government of Sri Lanka claim.
Archbishop Desmond Tutu of South Africa and other human rights campaigners have urged the United Nations Human Rights Council to commit to an independent international investigation in the form of a Commission of Inquiry into human rights violations
Tutu calls for international probe in Sri Lanka
Mar, 6 2014 at 01:33 AM
Archbishop Desmond Tutu of South Africa and other human rights campaigners have urged the
United Nations Human Rights Council to commit to an independent international investigation in the
form of a Commission of Inquiry into...
Story Highlights
The biggest issue Sri Lanka faces is a systemic lack of respect for the rights of its citizens, particularly
— but not exclusively — its minority citizens.
This is rooted in a culture of impunity which is in turn rooted in a failure to hold to account those, on
both sides, who committed some of the worst atrocities this century.
Signed by: Archbishop Desmond Tutu, South Africa; Yasmin Sooka, Executive Director, Foundation for Human Rights, South Africa; Rayappu Joseph, Bishop of Mannar and President of Tamil Civil Society in Sri Lanka; R. Sampanthan, Leader of the Tamil National Alliance; C.V.Wigneswaran, Chief Minister of Northern Provincial Council; Danny Sriskandarajah, Secretary General, CIVICUS, the world Alliance for Civilian Participation, South Africa; Irene Fernandez, Right Livelihood Award, Malaysia; Bashana Abeywardane, Co-ordinator, Journalists for Democracy in Sri Lanka ... and others representing human rights activists and organisations in South Africa, Lebanon, Nepal, Afghanistan, Kosovo, Pakistan, Uganda, India, Cambodia, Malaysia, Brazil, and Japan.
Months of anticipation for human rights campaigners, the Tamil Diaspora communities and
the country’s main Tamil party ended in an anti-climax when despite international pledges
and dire warnings, the US draft resolution at the Human Rights Council released Monday
failed to call for an international inquiry into alleged war crimes in Sri Lanka.
Many of these groups have rejected the resolution outright as being weak and ineffectual, but
the real tragedy is that the Sri Lankan Government fails to see the opening the draft provides
for resuming engagement with those players it now credits as being hostile states. And
despite the criticism, the resolution’s call for the investigation by the Office of the High
Commissioner for Human Rights into violations in Sri Lanka, offers the clearest indication
yet that the clock on engagement is fast running out
Three days after the 25th Session of the Human Rights Council opened in Geneva, some
might say President Mahinda Rajapaksa whose Government is being accused of major crimes
during the war, has already achieved a massive
victory.
After months of dire warnings, threats and much finger wagging, the first draft of the US
sponsored resolution makes no reference to the establishment of an international investigation
into allegations of war crimes in Sri Lanka.
The exclusion of the ‘international inquiry’ clause in the resolution’s initial text goes to prove
what the Rajapaksa Administration has known all along – that the international community’s
bark is much worse than its bite, irate human rights activists said, after the first text was
officially submitted to the Council at 4 p.m. Geneva time on Monday (3).
The initial draft of the third US backed resolution on Sri Lanka, first revealed exclusively in
Daily FT’s lead story on Tuesday (4) and likely to be adopted by the Council later this month
is significantly stronger in language than the two that have preceded it in 2012 and 2013.
Ongoing attacks on religious minorities, the transparency failure in the probe into the murder
of three unarmed civilians during a protest for clean water in Weliweriya in August 2013
feature significantly in the draft resolution, indications that the spotlight not only remains on
the Sri Lankan human rights situation five years after the end of the war, but that the focus is
not limited to war time abuses. And while the 2013 resolution attempted to hold Sri Lanka to
its promise that elections for the Northern Provincial Council would be held by September
last year, the 2014 version now calls on the Government of Sri Lanka to ‘provide the
Northern Provincial Council with the resources and authority to govern’ in accordance with
the 13th Amendment to the Constitution.
The inclusion of the recommendation is significant.
Problems with the NPC
Since his election to office with an overwhelming majority in the September 2013 election,
Chief Minister C.V. Wigneswaran has a single battle-cry. The former Supreme Court Justice
insists that Colombo is blockading the TNA-led Council in every way, permitting the
Northern Governor – a presidential appointment – and a heavily entrenched provincial
bureaucracy to call all the shots in the formerly embattled region.
Wigneswaran tells visiting dignitaries and diplomats with much angst, that the Council has
been reduced to a body that passes non-binding resolutions on issues fundamental to the
political rights of his people, despite the great expectations with which it was swept into
power. When External Affairs Minister G.L. Peiris presented Sri Lanka’s National Statement
at the UNHRC’s High Level Session in Geneva yesterday, he made special reference to
Tuesday’s grand re-opening of the railway line between the former LTTE stronghold of
Kilinochchi and the town of Pallai. The ruling administration often references the phase-by-
phase reconstruction of the rail connection to Jaffna, and legitimately so, as an important step
in re-linking the south of the country to the north after decades of war had severed the
connection.
Pallai was a bustling railway station pre-war, and on Tuesday it became the first the first
station to be re-linked in the Jaffna District, the cultural heartland of Sri Lankan Tamils. In
every way the symbolism of post-conflict reconciliation, reconnection and rebuilding
associated with the opening of the station is inescapable.
The project was undertaken by an Indian company with the full backing of the Indian
Government that is strongly supportive of the Northern Provincial Council. It is deeply
mystifying therefore that the Government failed to invite the Northern Province Chief
Minister to Tuesday’s opening. The guest of honour was UPFA Minister Douglas
Devananda, a man whose party the people of the north vehemently rejected in last year’s
election.
The move makes it clear that the ruling regime is loathe to share the credit for post-war
development with the TNA, that is a major thorn in its side politically. But the blatant snub is
also an apt illustration of how the Rajapaksa administration confuses its post-war priorities,
prizing physical reconstruction over healing and reconciling hearts and minds across the
ethnic divide.
The exclusion of Wigneswaran also belies the Government’s claim, most recently made
before the UNHRC in its response to High Commissioner Pillay’s damning report on Sri
Lanka that the Government was working in cooperation with the Northern Provincial
Council.
Far from abstract therefore, the US resolution is dealing explicitly and minutely with political
issues facing the Tamil community on the ground, in real time.
No kudos for resolution
But that has won Washington and its co-sponsors no kudos from the Tamil community in Sri
Lanka or the vocal Tamil Diaspora communities that are hungry for action overseas. The
British Tamils Forum, a major lobby group in the UK has openly condemned the resolution
as being weak, and their sentiments were echoed by the Tamil National Alliance’s more
nationalist sections last afternoon.
Addressing a press conference, TNA Jaffna District MP Suresh Premachandran charged that
the resolution in no way addressed the heart-cries of the Tamil people. Making a strange
argument, the TNA MP alleged that the US Government was focused on regime change in Sri
Lanka and was seeking to win favour with the Sinhalese majority to achieve this goal,
resulting in a watered down resolution.
Human rights activists worldwide are critiquing the draft resolution as weak in tenor and just
another ‘holding resolution’ that will afford the Sri Lankan Government further time and
allow the global appetite for action in Sri Lanka to wane as the months and years wear on.
From the Government of Sri Lanka’s perspective, each of these groups – rights watchdogs,
the Tamil Diaspora and the TNA are the enemy. Ironically, these are the same groups the
Government credits with conspiring against Sri Lanka and pushing powerful nations of the
world to act against a small island nation that did the unthinkable and defeated a ruthless
terrorist outfit.
It defies logic therefore that the Sri Lankan Government will soon join the chorus of critics of
the latest US resolution – for vastly different reasons. All indications are that Sri Lanka will
reject the resolution outright – despite the fact that it is universally acknowledged that in its
first draft at least, the document has gifted Sri Lanka another year to work on its outstanding
post-war issues.
The resolution stresses cooperation, strongly supports a truth seeking process to address
allegations of abuse and opens a further window for the Government to actively engage with
sponsors and supporters of the resolution on dealing with the concerns outlined in a credible
and internationally acceptable way. Judging from Minister Peiris’ speech, which alleged bias
and intrusion by Pillay and rubbished the report she presented to the Council following her
fact finding mission in Sri Lanka, engagement is off the table.
For too long, Sri Lanka’s foreign policy has focused on belligerence against perceived
enemies. It is a habit that is proving hard to break. Worse still, it may be blinding the regime
to opportunities being laid squarely at its door.
Despite the initial criticism however, the draft resolution released on Monday also makes it
clear that the clock on international engagement and the world community’s appetite for
stonewalling by the Sri Lankan Government is fast running out.
The most significant clause of the draft resolution appears on its fourth and final page. The
eighth recommendation of 10 included in the draft resolution requests the Office of the High
Commissioner of Human Rights (OHCHR) “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”.
OHCHR Inquiry
The Office of the High Commissioner is being called upon to report on progress of this
investigation and other monitoring and assessments to the Human Rights Council orally at
the 27th Session in September 2014. A comprehensive report of the OHCHR findings is to be
presented before the Council and followed by a discussion in March 2015. In her address
before the Council on Tuesday (4), US Under Secretary of State for Civilian Security,
Democracy and Human Rights confirmed the resolution was calling for a probe by Pillay’s
Office, into both allegations about war time abuses and more recent violations. “In 2012 and
again last year, this council urged the Government of Sri Lanka to launch an independent
investigation into the deaths of thousands of civilians during that country’s terrible civil war.
To date the Government has refused,” the US official told the Council.
When calls began to mount over the need to establish an international mechanism to look into
alleged war crimes in Sri Lanka, the big question before the international community was
what form the inquiry could take.
For UNHRC led investigations, two options were before the co-sponsors of the resolution on
Sri Lanka. The first, more well known and understood option is the Commission of Inquiry
mechanism. Commissions of Inquiry have most recently been conducted in Syria and North
Korea, the findings of which are before this Council session. Commissions of Inquiry take
months to constitute, once approved by the 47 member Human Rights Council and comprise
independent investigators and experts with the power to summon witnesses and gather
evidence. The resourcing and funding of such Commissions must be borne by UN member
states, therefore Council members must deem the exercise emergent and dire in order to
approve the magnitude of costs involved in the process.
The more desirable option in the case of Sri Lanka, both in terms of the fact that it would
more easily achieve consensus within the Council and because it was less intrusive from the
Government’s perspective, was the OHCHR inquiry mechanism.
A probe by Pillay’s Office would be easier to set up, cost-effective and would not imply great
deviance from the 2013 resolution which called for a fact finding mission by the High
Commissioner.
Weak resolution: HR activists
According to human rights activists, the draft resolution is weak in its current format because
it does not explicitly call for an OHCHR inquiry, even though the process is implied and
reinforced by Sewall’s remarks to the Council. The clause leaves room for the Pillay-led
inquiry, but perhaps only in the absence of the Government’s continued refusal to address the
allegations through a domestic process. The good news for the Sri Lankan Government is that
the draft resolution may be diluted in terms of language and action required in the next three
weeks before the vote is taken, in order to allow its adoption by a broad majority of the
Council.
The draft resolution also provides the Sri Lankan Government with significant leverage by its
strong backing for a truth seeking mechanism to deal with allegations that have arisen about
the last days of the war. The reference is code for a South African style Truth and
Reconciliation Commission (TRC) that the Sri Lankan Government is toying with
establishing especially in the run up to the March sessions in Geneva.
Hopes were rising in the past few weeks about a South Africa assisted TRC in Sri Lanka,
especially after the ruling African National Congress appointed Cyril Ramaphosa as its
special envoy to Sri Lanka. A Government delegation led by Leader of the House Nimal
Siripala De Silva has also just returned from a visit to South Africa, presumably to “explore”
TRC type options. The two moves were widely believed to indicate that the South African
Government was willing to work with Sri Lanka on a truth telling process. Relations between
the two countries have been robust after South African President Jacob Zuma attended the
Commonwealth summit in Colombo despite the controversy surrounding the meeting.
South Africa and the TRC
At the UNHRC, where the US resolution will come up for a vote on 28 March, South
Africa’s support is crucial for Sri Lanka. The votes of several other African states, including
Namibia (a new UNHRC member for 2014), Botswana and Burkina Faso will hinge on South
Africa’s decision on the US resolution.
Sri Lanka’s cooperation with South Africa on a TRC process, will almost guarantee that the
ANC will side with Colombo in Geneva this year, against the US move. The appointment of
Ramaphosa, informed sources say is significant because the ANC Deputy President is tipped
to be South Africa’s next President, after Zuma concludes his next term. The ANC is keen to
boost Ramaphosa’s international profile ahead of that development, resulting in his
appointment as envoy to both Sri Lanka and South Sudan.
The sticking point for the Rajapaksa Government however, is that the ANC will insist on a
credible process if it is to assist Sri Lanka with a TRC. In fact, if the process adopted by Sri
Lanka is found to be inadequate or prejudiced in any form, the ANC was likely to both
criticise the process and repudiate it publicly, sources said.
It is unclear if it was these considerations that prompted the strange pronouncement from
Arun Thambimuttu, the SLFP organiser for Batticaloa and member of the Government
delegation to South Africa, that discussion in Pretoria had revealed there were more
differences than commonalities between the post conflict situations in Sri Lanka and South
Africa. Thambimuttu’s declaration was buttressed by Minister Peiris, who was also present at
the presidential interaction with foreign correspondents based in Colombo at Temple Trees
last Friday (28). The Minister said the delegation to South Africa had focused on sharing
experiences, steering clear of committing on whether the Government was decided on a TRC.
The Government is keen to keep the promise of the TRC alive, at least to ensure it does not
lose South Africa’s crucial support at the Council. But it would prefer not to firmly commit
to a truth seeking process, in case it finds it is backed into a corner. The regime learnt what it
considers a brutal lesson several years ago with the LLRC which was established to ward off
international pressure, only to find that the Commission’s report was pounced upon by the
Western lobby that insisted on its recommendations being implemented in successive
UNHRC resolutions.
Strange developments
While progress on backroom discussions between South Africa and Colombo remains
unclear, South African Minister for International Relations and Cooperation Emily Nkoana-
Mashabane excluded a reference to Sri Lanka in the delivered version of her speech to the
UNHRC’s High Level Segment on Tuesday. In the text of her speech, uploaded on the
UNHRC website shortly after it was delivered the Minister said it was important to allow Sri
Lankans to find each other and out of this, find solutions that are durable for their country.
“We as South Africans also had to find each other and consequently find our own solution to
our own problem. This is our wish for the people of Sri Lanka,” the document uploaded on
the website said. However, in her oral presentation, Nkoana-Mashabane omitted the reference
to Sri Lanka altogether.
Oddly, the exclusion coincided with a call by South African Archbishop Emeritus of Cape
Town, and Nobel Peace Laureate Desmond Tutu for an international investigation into
alleged war crimes in Sri Lanka. Tutu, a member of The Elders, a grouping of global leaders
working to foster peace and human rights which was founded by Nelson Mandela, said only
an international commission of inquiry, established by the March 2014 resolution at the
UNHRC would put Sri Lanka on the path to justice and reconciliation. “The biggest issue Sri
Lanka faces is a systemic lack of respect for the rights of its citizens, particularly – but not
exclusively – its minority citizens. This is rooted in a culture of impunity that is in turn rooted
in a failure to hold to account those, on both sides, who committed some of the worst
atrocities this century,” Tutu said in an open letter to the UNHRC released yesterday.
Tutu’s public call puts the South African Government in a supremely awkward position with
regard to the Sri Lanka issue. Desmond Tutu, a tireless anti-apartheid activist and peace-
campaigner is widely regarded as South Africa’s moral conscience. As South Africa comes to
its own economically 20 years post-conflict, spiritual leaders like Tutu strive to keep the
ANC true to the founding values of the South African constitution drawn up post- Apartheid.
When the ANC bowed to pressure from China and turned down a visa request for the Dalai
Lama in 2011, Tutu railed against the Government, threatening to pray for its downfall for
betraying the values upon which the rainbow nation was formed in 1994. The ANC’s
decision to back a regime that Tutu and others have come to regard as major violators of its
peoples’ freedoms and an oppressor of minorities, may provoke a similar outcry. As the
debate rages about whether the ANC is deviating from Mandela’s vision for South Africa by
allying with purported oppressors internationally, the party’s approach to Sri Lanka will be a
crucial indicator for its critics.
All this notwithstanding, South Africa’s vote at the UNHRC will be a crucial litmus test of
the kind of support US resolutions will be able to muster going forward.
The way Saudi Arabia swings with regard the US resolution will also be an important
indicator as to whether allegations of the Government’s patronage of anti-Islamic groups in
Sri Lanka is resonating with sections of the Arabic world. So far, there are no indications of
the Islamic bloc switching allegiances on the basis of discrimination against the minority
Muslim population in the island. But ironically, even as religious freedom features heavily in
the debate over Sri Lanka at the UNHRC, the Gangodawila Magistrate on Tuesday (4), shut
down a small mosque operating in Kadawatha Road, Dehiwala. Mosque trustees attempting
to file a motion against the injunction yesterday were turned down by the magistrate. Its
belligerent diplomacy and emphatic rejection of mounting evidence about the final phase of
the war has already cost the Government the Western liberal bloc. Will Mahinda Rajapaksa,
champion of the people of Palestine, also sacrifice the key support of the Islamic bloc, so
crucial as Sri Lanka faces off with world powers at the UNHRC, by plying the expedient path
of Sinhala-Buddhist hegemonic politics?
Sri Lanka
Tutu calls for international probe in Sri Lanka
Archbishop Desmond Tutu of South Africa and other human rights campaigners have urged
the United Nations Human Rights Council to commit to an independent international
investigation in the form of a Commission of Inquiry into human rights violations in Sri
Lanka. The following is the text of their statement:
We, concerned individuals and organisations from around the world, urge the UN Human
Rights Council (UNHRC) to use their March 2014 session to pass a resolution that will
include a commitment to an Independent International investigation in the form of a
Commission of Inquiry. Only this will help to put the country on the path to justice and
reconciliation.
The Nation Sri Lanka Desmond Tutu backs calls for international probe on SL
Retired Anglican Archbishop Desmond Tutu has called the United Nations Human Rights
Council (UNHRC) to use this year's sessions to pass a resolution that will "include a
commitment to an independent international investigation in the form of a commission of
inquiry in Sri Lanka."
In a letter to the UNHRC, he said that only this will help put the country on the path to justice
and reconciliation. The letter has been signed by several human rights activists who have
called for an international probe on Sri Lanka.
However, South African Minister of International Relations and Cooperation Nkoana
Mashabane has backed Sri Lanka to have its own mechanism.
“Mr. President the Human Rights Council has been seized with the issue of Sri Lanka for a
while. Let me share with you, Mr. President our approach on the Sri Lanka situation. It is
important that we allow Sri Lankans to find each other, and out of this find solutions that are
durable for their country. We as, as South Africans also had to find each other and
consequently find our own solution to our own problem. This is our wish for the people of Sri
Lanka.”
Following are excerpts of the letter sent by Retired Anglican Archbishop Desmond
Tutu:
We, concerned individuals and organisations from around the world, urge the United Nations
Human Rights Council (UNHRC) to use their March 2014 session to pass a resolution that
will include a commitment to an independent international investigation in the form of a
commission of inquiry in Sri Lanka. Only this will help put the country on the path to justice
and reconciliation.
Although the long-running civil war ended in May 2009, a lasting peace is not in sight and
we remain gravely concerned for the future of the people of Sri Lanka. A fear and sense of
injustice persists, not just among minorities and political activists, but among ordinary people
desperately trying to rebuild their lives. A number of unresolved issues remain, including
ongoing human rights violations, credible allegations of crimes against humanity and war
crimes, and the lack of progress towards longer-term political solutions and reconciliation.
Left unaddressed, these issues could lead to renewed conflict.
Post-conflict processes do take time, but what matters is getting on the right path. Nearly five
years after the war ended, the situation appears to be getting worse, not better.
The biggest issue Sri Lanka faces is a systemic lack of respect for the rights of its citizens,
particularly – but not exclusively – its minority citizens. This is rooted in a culture of
impunity that is in turn rooted in a failure to hold to account those, on both sides, who
committed some of the worst atrocities this century.
Only an independent international investigation of these atrocities will end this culture of
impunity and give the people of Sri Lanka a chance to climb out of the cycle of violence
towards a lasting peace. For these reasons, there have been numerous calls over the years for
such an investigation: from a renowned panel of experts appointed by UN secretary general
Ban Ki-Moon, from UN high commissioner for human rights Navi Pillay, from a host of Sri
Lankan and international individuals, nongovernmental organisations, and politicians, and
from many thousands of petitioners all over the world.
We represent organisations and individuals in many countries. The Sri Lankan government
claims that attempts to set up an international inquiry in Sri Lanka come exclusively from the
West, and represent a form of imperialism. Not so. Many of us come from countries that have
also seen conflict, and attempts at reconciliation after it. We know Sri Lanka is going to need
help from the international community to get back on track. Standing in solidarity with the
many Sri Lankans who feel their government is making a mistake, we urge the United
Nations to establish a commission of inquiry.
Signed:
Archbishop Desmond Tutu, South Africa
Yasmin Sooka, executive director, Foundation for Human Rights, South Africa
Retired Reverend Rayappu Joseph, bishop of Mannar and president of Tamil Civil
Society in Sri Lanka
Honourable Rajavarothayam Sampanthan - leader of the Tamil National Alliance
(TNA) and member of Parliament of Sri Lanka
Honourable CV Wigneswaran - chief minister of Northern Provincial Council (NPC)
and former Supreme Court Judge (Sri Lanka)
Danny Sriskandarajah, secretary general, CIVICUS, the world Alliance for Civilian
Participation, South Africa
Dr Irene Fernandez, Right Livelihood Award, Malaysia
Bashana Abeywardane, exiled Sinhalese journalist, co-ordinator Journalists for
Democracy in Sri Lanka
Maggie Ndagire, programme director, on behalf of Women and Children's
Empowerment Network in Africa (WACENA), Uganda
Flavia Piovesan, professor of human rights and constitutional law, Catholic University
of Sao Paulo, Brazil
... and 28 others representing human rights activists and organisations in South Africa,
Lebanon, Afghanistan, Kosovo, Pakistan, Uganda, India, Cambodia, Malaysia, Brazil, Japan,
Bosnia, Mongolia, Cote d'Ivoire, Nepal and Thailand.
Archbishop Desmond Tutu urges UN to establish Commission of Inquiry in Sri Lanka
05 March 2014
The Archbishop Desmond Tutu urged the United Nations to establish a Commission of
Inquiry in a joint letter to the UN, written together with other international human rights
activists and notable Tamil voices from the North-East.
The letter, published in the South African journal, Mail & Guardian, two days after a draft
resolution tabled at the UN fell short of calling for a CoI, expressed concern, stating, "We, concerned individuals and organisations from around the world, urge the United
Nations Human Rights Council (UNHRC) to use their March 2014 session to pass a
resolution that will include a commitment to an independent international
investigation in the form of a commission of inquiry in Sri Lanka. Only this will
help put the country on the path to justice and reconciliation." The letter, which was by activists worldwide, also included one of the three authors of
the UN Panel of Experts report, Yasmin Sooka, the Tamil civil society activist, the
Bishop of Mannar Rt. Reverend Rayappu Joseph, the Chief Minister of the Northern
Province, CV. Wigneswaran, and the leader of the TNA R. Sampanthan.
Dismissing the Sri Lankan government's claims that "attempts to set up an international
inquiry in Sri Lanka come exclusively from the West, and represent a form of
imperialism," the authors wrote, "The Sri Lankan government claims that attempts to set up an international inquiry in Sri
Lanka come exclusively from the West, and represent a form of imperialism. Not so.
Many of us come from countries that have also seen conflict, and attempts at
reconciliation after it. We know Sri Lanka is going to need help from the international
community to get back on track. Standing in solidarity with the many Sri Lankans
who feel their government is making a mistake, we urge the United Nations to
establish a commission of inquiry"
Stating that "a number of unresolved issues remain, including ongoing human rights
violations, credible allegations of crimes against humanity and war crimes, and the lack
of progress towards longer-term political solutions and reconciliation," the authors said,
"only an independent international investigation of these atrocities will end this
culture of impunity and give the people of Sri Lanka a chance to climb out of the cycle of violence towards a lasting peace."