Mahinda GunasekeraƒÆ’-¡ƒ”š‚ CanadaƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

Ambassador Dayan Jayatilleka has once again advocated that Sri Lanka should implement the 13th Amendment in his article published in the Island newspaper on March 23, 2012.ƒÆ’-¡ƒ”š‚  He believes that it is the best way to countervail and neutralize the opposition from the anti-Sinhala extremists in Tamilnadu and the Diaspora and win the support of India. He goes on to speak of ƒÆ’-¡ƒ”š‚ ” The balanced solution of fullest autonomy within a unitary framework …”, but does not define what he means by ‘fullest autonomy’, except to say that he is confident that the extremist forces within the Sinhala majority will not be able to do any harm as compared to damage resulting from Tamilnadu pressure.

ƒÆ’-¡ƒ”š‚ The Diaspora leaders areƒÆ’-¡ƒ”š‚ still pursuing the same objectives that they sought by financing the armed confrontation of Tamil terrorist groups, i.e. the creation of a separate state called “Eelam” in the north and east of Sri Lanka.ƒÆ’-¡ƒ”š‚  The most vociferous and best organised groups of the Tamil Diaspora are the leaders of the separatist movement going by the names of ‘Trans-National Government of Tamil Eelam’, ‘Global Tamil Forum’ that control the vast funds accumulated through illicit and legal means,ƒÆ’-¡ƒ”š‚ and a host of country specific organizations based in the western countries that are linked to the same movements and cause.ƒÆ’-¡ƒ”š‚  While the LTTE rejected the 13th Amendment and went on to militarily attack the IPKF and played for time in agreeing to ceasefires and peace talks to build up their forces toƒÆ’-¡ƒ”š‚ achieve their goal of beaking up the country through armed force, the Diaspora and their proxies in Sri Lanka led by the TNA are seeking international support for substantial autonomy via 13A plus as a first step towards separation at a later date.ƒÆ’-¡ƒ”š‚ 

What guarantee can Ambassador Jayatilleka provide that the Tamil Diaspora and the Tamil separatist forces in Sri Lanka have given up their dreams of a separate “Eelam”ƒÆ’-¡ƒ”š‚ with the support the Tamil parties in Tamilnadu and elsewhere?

The 13th Amendment which came about as a result of Indian pressure and threat of military intervention in support of the Tamil separatists which is a coercive move which negates the Accord reached thereby. 13A was passed by the J.R. Jayawardena government byƒÆ’-¡ƒ”š‚ resorting to unethical means of a threat by the President toƒÆ’-¡ƒ”š‚ table undatedƒÆ’-¡ƒ”š‚ ‘letters of resignation’ obtained from the ruling party parliamentarians,ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ and without consulting the people.ƒÆ’-¡ƒ”š‚  If the present government has any intention to implement 13A, it is obligated to firstly obtain the consent of the people at a National Referendum to either withdraw same from the Statute Book or agree to its adoption inƒÆ’-¡ƒ”š‚ full or amended form. Due to the ever present risk of opening the country to eventual break-up through a combination of Tamil forces that have earlier resorted to every form of violence includingƒÆ’-¡ƒ”š‚ suicide terrorism, it would be best toƒÆ’-¡ƒ”š‚ withdraw the 13th Amendment, and if at all consider granting a reasonable degree of devolved powers to a unit not exceeding the District, plus enhanced powersƒÆ’-¡ƒ”š‚ to Grama Sabhas at the village level where the majority of people live.

ƒÆ’-¡ƒ”š‚ In this thread, I have attached a copy of the Resolution below Dr. DJ’s article, which wasƒÆ’-¡ƒ”š‚ adopted at the 11th sessions of the UNHRC in May 2009 where Sri Lanka succeeded in obtaining majority support for her efforts to defeat terrorism, rescue the 300,000 displaced Tamils and take steps to re-settle themƒÆ’-¡ƒ”š‚ and bring about reconciliation.ƒÆ’-¡ƒ”š‚  Dr. Jayatilleka played a prominent part as Sri Lanka’s Permanent Representative at the UN in Geneva, where again Sri Lanka hasƒÆ’-¡ƒ”š‚ intimated herƒÆ’-¡ƒ”š‚  “commitment to a political solution with implementation of the thirteenth amendment to bring about lasting peace and reconciliation in Sri Lanka,ƒÆ’-¡ƒ”š‚ “ƒÆ’-¡ƒ”š‚  In the absence of a clear decision by the people in a free and fair referendum held for the purpose, it is difficult to understand with whose authority such commitments are made at international fora?

ƒÆ’-¡ƒ”š‚ Mahinda GunasekeraƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

ƒÆ’-¡ƒ”š‚ Geneva outcome 2012

http://island.lk/index.php?page_cat=article-details&page=article-details&code_title=48141

March 23, 2012, 8:21 pm – Island

By Dr. Dayan Jayatilleka

ƒÆ’-¡ƒ”š‚ LetƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s learn the right lessons from the Geneva outcome, not the wrong ones. It is not the case that a small country such as Sri Lanka cannot fight a diplomatic battle with the mighty USA and win. Minutes after the Sri Lanka vote at the HRC this time, the Cubans moved a resolution on the composition of the staff of the Office of the UN High Commissioner for Human Rights, the opacity (code-named independence) of which the West regards as a holy of holies. The USA opposed the resolution. The Cuban resolution won with a massive 33 votes.

ƒÆ’-¡ƒ”š‚ Last year the USA invested far more effort and political capital at a far higher political level than in the case of the Sri Lanka resolution in Geneva, to prevent Palestine from being granted full membership of the UNESCO in Paris. The US lost that battle, and besieged Palestine, an embryonic or proto-state (unlike Sri Lanka) won a two thirds majority. The battle was fought by a core quartet comprising two Palestinian diplomats ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬‚the impressive Left Bank intellectual Ambassador Elias Sanbar, his deputy Munir ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬‚and the Permanent Delegates of Egypt and Saudi Arabia. (The Palestinian Foreign Minister Riad Malki addressed the Council after the victory to thank the member states). I was privileged to be a participant in that historic struggle.

ƒÆ’-¡ƒ”š‚ Even in the case of the Special Session on Sri Lanka in the UNHRC in Geneva in May 2009, we have confirmation from Wikileaks that the USA ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”led from behindƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, with Secretary of State Hillary Clinton instructing the US Mission thus: “…the USG [US Govt] supports a special session on the human rights situation in Sri Lanka and related aspects of the humanitarian situation. Mission is further requested to provide assistance, as needed…in obtaining others signatures to support holding this session…Mission is also instructed to engage with HRC members to negotiate a resolution as an outcome of this special session, if held. Department believes a special session that does not result in a resolution would be hailed as a victory by the Government of Sri Lanka…”[Cable dated 4th May 2009 from Secretary of State (United States)] Sri Lanka won that battle, of course, with more votes than the sole superpower, the US, managed to secure this time.

ƒÆ’-¡ƒ”š‚ The classic example of how to beat the US in a diplomatic battle is Cuba, which moves a resolution against the blockade every year at the UN General Assembly in New York and secures a mammoth victory of 190 votes in favour and 3 against.

 

The examples of Palestine (2011), Cuba and Sri Lanka (2009) have one thing in common: you can resist the West successfully only if you have built a sufficiently broad cross-regional coalition, a global united front. Such a counter-hegemonic bloc is predicated upon support in oneƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s own region, from among oneƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s own neighbours. IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s decision to support the US resolution came as a shock. Yet, it shouldnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t have. There can always be ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”black swan eventsƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ but those are pretty much unpredictable. Other events can be anticipated if preceded by accurate analysis. The Indian turnaround was not only predictable; it was predicted and therefore preventable, and yet it wasnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t. I wrote the following, six months ago, ringing the alarm bell regarding the UN Human Rights Council when there was time enough to do something:

ƒÆ’-¡ƒ”š‚ “If one has to identify a single critical or crucial variable for Sri Lanka, it is India, but our strategy cannot be reduced to Indian support…A few weeks after we fought and won our battle in Geneva in May 2009, Myanmar lost in the same forum though it had the votes of India, Russia and China. So the secret of our victory in 2009 was not simply and solely India…We will find it almost impossible to win without IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s support, and we cannot win if India ever turns against us, but we cannot win only with IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s support. We must always remember that many Asian, Middle Eastern, African and Latin American states will take their cue from India. India has a wide presence and is widely respected among Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s friends. We must rally our neighbourhood in our support. We must have the solid support of our continent, Asia. We must balance the South against hostile sections of the North, and the East against hostile sections of the West. India is pivotal in all these defensive moves and it is difficult to implement any of them if India is against or conspicuously on the sidelines. If, as some critical commentaries assert, IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s position has changed, or is changing, or might possibly change, from that of our May 2009 UN HRC victory, we must seek out the reasons and rectify them jointly.

ƒÆ’-¡ƒ”š‚ We must certainly strive to countervail the mounting anti-Lankan opinion in Indian civil society and the media, militant opinion in Tamil Nadu and the lobbying of certain Western elements. We must secure DelhiƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s support and swing Indian public and political opinion firmly over to Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s side. This cannot be done by purely verbal means but by policy reforms. As a UN based top official of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s firmest, most powerful international friend told me once, ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”short of capitulating on or compromising its vital security interests, Sri Lanka must do what it takes to help its friends to help itƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢.”ƒÆ’-¡ƒ”š‚ (ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Defending and Protecting Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, Daily Mirror, September 29th, 2011, my emphasis, DJ)

ƒÆ’-¡ƒ”š‚ My warning six months back was no one-off flash of foresight. The danger of an Indian shift and what should be done to forestall it was set out in cold print by me as long as three years ago. In an article that appeared exactly three months BEFORE the death of Prabhakaran, entitled ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”The Indian Reality in Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s ExistenceƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ I wrote:

ƒÆ’-¡ƒ”š‚ “…India cannot afford recrudescent Tamil Nadu separatism which thrives on the charge that New Delhi is insensitive to Tamil NaduƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s feelings for their ethnic kin in Northern Sri Lanka. Tamil Nadu… is an important and influential component of the Indian Union, and when push comes to shove, carries far more weight than Sri Lanka and the Sinhalese, in New Delhi, Washington, Moscow and Beijing. If faced with a serious strategic choice, Delhi will choose Chennai over Colombo. It is up to Sri Lanka to prevent matters coming to that…

ƒÆ’-¡ƒ”š‚ Sri Lanka needs to countervail and neutralize the anti-Sinhala extremists in Tamil Nadu and the Diaspora…The balanced solution of fullest autonomy within a unitary framework may be opposed by smaller extremist forces among the Sinhala majority. The grim reality though, is that even at their most disruptive and violent, these forces can do much less harm to the Sri Lankan state than a decision by India, under mounting Tamil Nadu pressure, to tilt against Sri Lanka, and a corresponding decision by IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s partner the USA to mount economic pressure on Sri Lanka through multilateral institutions and agencies. Under the unlamented Bush administration there was daylight between the positions of the US and the EU. Under the new and universally welcomed Obama administration there may be no daylight between the positions of the US, EU and India.” (ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”The Indian Reality in Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s ExistenceƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, The Island Feb 16, 2009)

ƒÆ’-¡ƒ”š‚ I had quickly returned to the theme in the next month, again before the war was won, in a piece significantly entitled ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Winning Locally, Winning GloballyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢:

ƒÆ’-¡ƒ”š‚ “The Sinhalese and Tamils are in a Mexican standoff. Locally, the Sri Lankan armed forces have surrounded the Tigers…Meanwhile, globally, from the US Senate to the UN Security Council, from Ottawa to London, from Brussels to Pretoria, from Delhi to Dili, Sri Lanka is under pressure and scrutiny as never before. Are we being encircled globally just as we have encircled the Tigers locally…The Tigers have no exit from military defeat, but do the State and society have an exit from the crisis?” (ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Winning Locally, Winning GloballyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, The Island Midweek, March 11, 2009)ƒÆ’-¡ƒ”š‚ 

ƒÆ’-¡ƒ”š‚ In JuneƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…”July 2009, in the immediate aftermath of the military victory and, more topically today, our diplomatic success in Geneva at the UN HRC, I repeatedly stressed the point in what turned out to be a polemical exchange.

ƒÆ’-¡ƒ”š‚ “…As the paradigmatic victory in Geneva showed, we can win against the Tiger Diaspora and the Western European bloc influenced by it, when we are supported by our neighbours, our continent and our natural constituency the developing world plus Russia. In this strategy the support of India is critical. Without IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s support, the rest will distance itself from us, leaving us wide open to Western pressure and coercion. China alone cannot carry the weight…” (ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”13th Amendment: Why non-implementation is a non-optionƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, The Island, 13th June, 2009)

ƒÆ’-¡ƒ”š‚ “..Sovereignty not only has to be asserted, it has to be defended and defensible. Sri Lanka cannot defend its sovereignty against all comers from all points of the compass, North and South, West and East. It can defend its sovereignty only by power balancing in a multi-polar world…” (ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”The 13th Amendment, Indo-Lanka, SovereigntyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ The Island, June 27, 2009)

ƒÆ’-¡ƒ”š‚ Sadly, this reality manifested itself in Geneva, on March 21st 2012.

11th special session of the Human Rights Council: “The human rights situation in Sri Lanka” – Tuesday 26 and 27 May 2009

ƒÆ’-¡ƒ”š‚ S-11/1 Assistance to Sri Lanka in the promotion and protection of human rights

……… The Human Rights Council,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant human rights instruments,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Reaffirming the purposes and principles of the United Nations as contained in Articles 1 and 2 of the Charter, including the principle of non-interference in matters that are essentially within the domestic jurisdiction of States,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Bearing in mind General Assembly resolution 60/251 of 15 March 2006,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Recalling Council resolutions 5/1 and 5/2 on institution-building of the Human Rights Council,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Recalling also that States have the duty and responsibility to provide protection and humanitarian assistance to all segments of the population, including internally displaced persons, without discrimination,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Recalling further its decision 2/112 and its resolutions 6/28, 7/7 and 10/15, and recalling General Assembly resolutions 57/219, 58/187, 59/191, 60/158, 61/171, 62/159 and 63/185, and welcoming the efforts of the States Members of the United Nations in the protection of human rights and fundamental freedoms, and reaffirming the obligations of States to respect human rights law and international humanitarian law while countering terrorism,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Reaffirming the respect for the sovereignty, territorial integrity and independence of SriƒÆ’-¡ƒ”š‚ Lanka and its sovereign rights to protect its citizens and to combat terrorism,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Condemning all attacks that the Liberation Tigers of Tamil Eelam launched on the civilian population and its practice of using civilians as human shields,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Reaffirming its commitment to promote international cooperation, as set forth in the Charter, in particular Article 1, paragraph 3, as well as relevant provisions of the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights on 25ƒÆ’-¡ƒ”š‚ June 1993 for enhancing genuine cooperation among Member States in the field of human rights,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Recognizing that the promotion and protection of human rights should be based on the principle of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Welcoming the conclusion of hostilities and the liberation by the Government of Sri Lanka of tens of thousands of its citizens that were kept by the Liberation Tigers of Tamil Eelam against their will as hostages, as well as the efforts by the Government to ensure the safety and security of all Sri Lankans and to bring permanent peace to the country,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Welcoming also the recent reassurance given by the President of Sri Lanka that he does not regard a military solution as a final solution, as well as his commitment to a political solution with implementation of the thirteenth amendment to bring about lasting peace and reconciliation in Sri Lanka,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Emphasizing that, after the conclusion of hostilities, the priority in terms of human rights remains the provision of assistance to ensure the relief and rehabilitation of persons affected by the conflict, including internally displaced persons, as well as the reconstruction of the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s economy and infrastructure,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Encouraged by the provision of basic humanitarian assistance, in particular, safe drinking water, sanitation, food and medical and health-care services to the internally displaced persons by the Government of Sri Lanka with the assistance of Untied Nations agencies,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Encouraged also by the recent announcement by the Government of Sri Lanka of the proposal to safely resettle the bulk of internally displaced persons within six months,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Welcoming the successful rehabilitation of reintegration of former child soldiers after the conflict ended in the Eastern Province of Sri Lanka,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Acknowledging the continued engagement of the Government of Sri Lanka in regularly and transparently briefing and updating the Council on the human rights situation on the ground and the measures taken in that regard,

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  1.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Commends the measures taken by the Government of Sri Lanka to address the urgent needs of internally displaced persons;

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  2.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Welcomes the continued commitment of Sri Lanka to the promotion and protection of all human rights and encourages it to continue to uphold its human rights obligations and the norms of international human rights law;

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  3.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Encourages the Government of Sri Lanka to continue to pursue its existing cooperation with relevant United Nations organizations, in order to provide, to the full extent of their capabilities, in cooperation with the Government of Sri Lanka, basic humanitarian assistance, in particular, safe drinking water, sanitation, food and medical and health-care services to internally displaced persons;

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  4.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Welcomes the announcement of the proposal to safely resettle the bulk of internally displaced persons within six months, and encourages the Government of Sri Lanka to proceed in these endeavours with due respect for persons belonging to national, ethnic, religious and linguistic minorities;

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  5.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Acknowledges the commitment of the Government of Sri Lanka to provide access as may be appropriate to international humanitarian agencies in order to ensure humanitarian assistance to the population affected by the past conflict, in particular internally displaced persons, with a view to meeting their urgent needs and encourages the Sri Lankan authorities to further facilitate appropriate work;

6.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Encourages the Government of Sri Lanka to continue to persevere in its efforts towards the disarmament, demobilization and rehabilitation of former child soldiers, recruited by nonƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬’State armed actors in the conflict in Sri Lanka, their physical and psychological recovery and reintegration into society, in particular, through educational measures, taking into account the rights and specific needs and capacities of girls, in cooperation with relevant United Nations organizations;

7.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Urges the Government of Sri Lanka to continue strengthening its activities to ensure that there is no discrimination against ethnic minorities in the enjoyment of the full range of human rights;

8.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Welcomes the continued cooperation between the Government of Sri Lanka, relevant United Nations agencies and other humanitarian organizations in the provision of humanitarian assistance to the affected people, and encourages them to continue to cooperate with the Government of Sri Lanka;

9.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Also welcomes the recent visits to Sri Lanka by the Under-Secretary-General for Humanitarian Affairs and the Representative of the Secretary-General on the human rights of internally displaced persons, and encourages them to continue to cooperate in the mobilization and provision of humanitarian assistance to the affected populations;

10.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Further welcomes the visit to Sri Lanka of the Secretary-General at the invitation of the President of Sri Lanka, and endorses the joint communiquƒÆ’†’ƒ”š‚© issued at the conclusion of the visit and the understandings contained therein;

11.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Welcomes the resolve of the Sri Lankan authorities to begin a broader dialogue with all parties in order to enhance the process of political settlement and to bring about lasting peace and development in Sri Lanka based on consensus among and respect for the rights of all the ethnic and religious groups inhabiting it, and invites all stakeholders concerned to actively participate in it;

12.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Urges the international community to cooperate with the Government of Sri Lanka in the reconstruction efforts, including by increasing the provision of financial assistance, including official development assistance, to help the country fight poverty and underdevelopment and to continue to ensure the promotion and protection of all human rights, including economic, social and cultural rights.

3rd meeting
27 May 2009

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Adopted by a recorded vote of 29 to 12, with 6 abstentions. The voting was as follows:

In favour:ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Angola, Azerbaijan, Bahrain, Bangladesh, Bolivia (Plurinational State of),ƒÆ’-¡ƒ”š‚  Brazil, BurkinaƒÆ’-¡ƒ”š‚ Faso, Cameroon, China, Cuba, Djibouti, Egypt, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, RussianƒÆ’-¡ƒ”š‚ Federation, Saudi Arabia, Senegal, SouthƒÆ’-¡ƒ”š‚ Africa, Uruguay, Zambia;

Against:ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Bosnia and Herzegovina, Canada, Chile, France, Germany, Italy, Mexico, Netherlands, Slovakia, Slovenia, Switzerland, United Kingdom of Great Britain andƒÆ’-¡ƒ”š‚ Northern Ireland;

Abstaining:ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Argentina, Gabon, Japan, Mauritius, RepublicƒÆ’-¡ƒ”š‚ ofƒÆ’-¡ƒ”š‚ Korea, Ukraine.

 

STATEMENT BY THE PRESIDENT OF THE HUMAN RIGHTS COUNCIL, AMBASSADOR MARTIN IHOEGHIAN UHOMOIBHI,ƒÆ’-¡ƒ”š‚  ON THE OCCASION OF THE 11TH SPECIAL SESSIONƒÆ’-¡ƒ”š‚  OF THE HUMAN RIGHTS COUNCIL, ENTITLEDƒÆ’-¡ƒ”š‚  ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-THE SITUATION OF HUMAN RIGHTS IN SRI LANKAƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  xxxxxxxxxx

 

As we meet here today in a Special Session on the Human Rights Situation in Sri Lanka, once again the Human Rights Council signals its readiness to contribute to promoting and protecting human rights in all parts of the world. This is right and is consistent with the mandate of the Council.ƒÆ’-¡ƒ”š‚ However, I believe no one in this hall is unaware of the long history of the needless conflict that has ravaged the nation of Sri Lanka for the past two and a half decades and more. In the course of this conflict, thousands of innocent lives have been wasted and millions of people suffered untold hardships. We commiserate with the civilian population, particularly the most vulnerable segments of the population, who borne the brunt of the war. Mercifully, so to speak, today as we meet, the guns have gone silent in Sri Lanka, hopefully forever. The dawn of peace which appears to be beginning is most welcome. It is hoped that, in the next days and months, the important tasks of rehabilitation, reconciliation and reconstruction will begin and pave the way for sustainable peace and development in the country. I could not agree more with the United Nations Secretary-General who, in his recent visit to Sri Lanka, stated that it is imperative now to find a lasting political solution to the situation in the country, while addressing the aspirations and grievances of all concerned.ƒÆ’-¡ƒ”š‚  The Human Rights Council, convening this session today, joins in sending a message of readiness and willingness to work with the Government and people of Sri Lanka to address the most urgent humanitarian and human rights challenges facing them. As the Human Rights Council, this should be our focus and objective. I wish, therefore, to call on all delegations present at this meeting to work together in an open and constructive manner in the conduct of debate, discussions and negotiations. As I have underscored on previous occasions, no useful purpose can be served if we do not invest our efforts on addressing the needs of the victims. And the way by which this is best achieved is through dialogue, conducted in an atmosphere of respect and dignity for all sides and opinions. Message of the High Commissioner for Human Rights Navi Pillay at the Human Rights Council SpecialƒÆ’-¡ƒ”š‚  Session on the human rights situation inƒÆ’-¡ƒ”š‚  Sri Lanka ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  xxxxxxxxxx ƒÆ’-¡ƒ”š‚  26 May 2009 I regret that I am not able to attend in person the Human Rights Council special session on the human rights situation in Sri Lanka. It is appropriate that the Human Rights Council, as the premier body for the protection of human rights, should address the tragic human rights and humanitarian consequences of the conflict in that country. The images of terrified and emaciated women, men and children fleeing the battle zone ought to be etched in our collective memory. They must spur us into action.ƒÆ’-¡ƒ”š‚  Since December, during the latest phase of intense fighting, tens of thousands of civilians have been killed, injured or displaced. They have seen their property and livelihoods shattered. Independent human rights monitors and the media should be given unfettered access to verify reports of serious violations of international human rights and international humanitarian law which have consistently surfaced in the course of the fighting.ƒÆ’-¡ƒ”š‚  Furthermore, the fate of thousands of civilians believed to have been in the conflict area, or in transit to displacement camps is still unknown. The plight of those who have already reached the camps must also be addressed with urgency. These people are in desperate need of food, water, medical help and other forms of basic assistance. Severe overcrowding is creating serious problems. Malnourishment is a pressing concern. There have already been outbreaks of contagious diseases.ƒÆ’-¡ƒ”š‚  Unrestricted humanitarian aid will make the difference between life, illness or even death to many, and yet access for the UN and NGOs to the IDP camps continues to be hampered. I call on the Government to ensure that unimpeded assistance promptly reaches the survivors.ƒÆ’-¡ƒ”š‚  I also urge the Government to expedite and correct flaws in the screening process implemented to separate LTTE combatants from the civilian population. Full access to independent monitors is crucial to ensure due process and humane treatment for detainees. Freedom of movement for the very large majority of displaced people who do not pose security threats should also be granted as soon as possible.ƒÆ’-¡ƒ”š‚  The Government claimed military victory over the LTTE and announced the death of senior LTTE commanders. For many years, the LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s campaign of violence had terrorized Sri Lankan people of all ethnic communities and ruthlessly eliminated independent-minded Tamils who dared to dissent. I fully recognize the GovernmentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s responsibility to protect its people against acts of this kind, but as in any comparable situation, the rules of international human rights and international humanitarian law must be upheld at all times. In no circumstances can the end justify the means employed to achieve it.ƒÆ’-¡ƒ”š‚  There are strong reasons to believe that both sides have grossly disregarded the fundamental principle of the inviolability of civilians. An independent and credible international investigation into recent events should be dispatched to ascertain the occurrence, nature and scale of violations of international human rights and international humanitarian law, as well as specific responsibilities.ƒÆ’-¡ƒ”š‚  Allegations that the LTTE purposefully prevented civilians from leaving the conflict zone, despite their suffering and the dangers that they faced, warrant close scrutiny. The LTTE has reportedly engaged in forced conscription for military purposes and located military facilities amongst civilians, effectively using them as human shields. There were even alleged cases of the LTTE firing on civilians as they sought to flee, or targeting with suicide attacks checkpoints as the IDPs left the area.ƒÆ’-¡ƒ”š‚  For its part, the Government reportedly used heavy artillery on the densely populated conflict zone, despite assurances that it would take precautions to protect civilians. This and the reported shelling of a hospital clinic on several occasions in the last weeks of fighting, if verified, would be of great concern. Allegations that the army may have killed LTTE members who were trying to surrender and who thus may qualify as “hors de combat,” if confirmed, would constitute serious violations of the laws of war.ƒÆ’-¡ƒ”š‚  Establishing the facts is crucial to set the record straight regarding the conduct of all parties in the conflict.ƒÆ’-¡ƒ”š‚  Victims and the survivors have a right to justice and remedies. The Government has already indicated that it may grant amnesty to lower and mid-level LTTE cadres and only prosecute senior LTTE leaders. I would like to underscore that amnesties preventing accountability of individuals who may be responsible for war crimes, genocide, crimes against humanity or gross violations of human rights are impermissible. As I record this message on May 25, the Secretary-General has visited Sri Lanka. I wish to join the Secretary-General in his appeal to the Government of Sri Lanka to address the root causes, the longstanding human rights conditions, to ensure a comprehensive process of accountability for human rights violations by all concerned. A new future for the country, the prospect of meaningful reconciliation and lasting peace, where respect for human rights and fundamental freedoms can become a reality for all, hinges upon such in-depth and comprehensive approach.ƒÆ’-¡ƒ”š‚  Clearly the challenges of recovery and reconciliation extend beyond the conflict-affected areas to the broader political and institutional life of the country. Three decades of conflict have had a corrosive effect on public life and the rule of law. Human rights defenders and journalists have continuously faced threats and even death. The independence of important institutions, such as the national human rights commission, has been compromised. As is almost invariably the case in post-conflict situations, general trust must be rebuilt by reenergizing a human rights culture in the country.ƒÆ’-¡ƒ”š‚  I remain convinced that an OHCHR office with a promotion and protection mandate in Sri Lanka could play an important role in supporting the Government and in building the confidence of all stakeholders in Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s recovery. I urge the Human Rights Council to support the call for the international communityƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s help at such a critical juncture for Sri Lanka.ƒÆ’-¡ƒ”š‚  Thank you.   Statement by Ms. Magdalena SepƒÆ’†’ƒ”š‚ºlveda, Independent expert on the question of human rights and extreme poverty, delivered onƒÆ’-¡ƒ”š‚  behalf of all Special Procedures mandate holders of the Human Rights Council at the Eleventh SpecialƒÆ’-¡ƒ”š‚  Session of the Human Rights Council: ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-The human rights situation in Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚  xxxxxxxxxx ƒÆ’-¡ƒ”š‚  26 May 2009 Mr. President, Distinguished delegates, Ladies and Gentlemen, The Coordination Committee of Special Procedures has asked me to deliver the following statement on behalf of the Special Procedures mandate-holders of the United Nations Human Rights Council.ƒÆ’-¡ƒ”š‚  We welcome this opportunity to address important immediate and longer term issues in relation to the human rights situation in Sri Lanka. We hope these discussions will lead to a constructive and effective dialogue to ensure that all rights are enjoyed by all persons in Sri Lanka. We reiterate our deep concern at the continuing humanitarian crisis and at the serious human rights situation in Sri Lanka. We are also concerned about the lack of transparency and accountability that accompanies this crisis. A huge number of civilians have been displaced and many have been killed. The devastating situation of civilians in Sri Lanka trapped in the midst of fighting between the Sri Lankan army and the LTTE resulted in over some 300,000 displaced persons interned in Government-run camps. Their situation must be immediately addressed.ƒÆ’-¡ƒ”š‚  As we have stated on previous occasions with regard to other situations, the obligation under international law to distinguish between combatants and civilians, to direct attacks only against combatants and military targets, and to ensure protection of civilians must be respected by all parties to the conflict. In this regard, it is clear that the LTTE has acted in flagrant violation of the applicable norms of international law by using civilians as human shields or in preventing them from leaving the conflict areas. As to the Government of Sri Lanka, citing security concerns, after three months it continues to detain in temporary camps the more than 300,000 men, women and children who escaped the fighting. This gives rise to concerns of arbitrary detention. Many have endured months of terrible conditions in the conflict zone before their present internment. With combat operations in the conflict zone coming to an end, it is necessary to speed up the screening process in the camps. Releases must take place without further delay and should prioritize the most vulnerable. The reintegration of these persons into society with due attention to their mental and physical integrity is critical. We welcome reports that, as of 18 May 2009, 1,535 of the most vulnerable people had been released from the camps. However, many children and sick persons remain detained and their survival is at stake. We deplore that in the camps some have already died from starvation or malnutrition.ƒÆ’-¡ƒ”š‚  Today, a critical humanitarian situation exists with regard to essential needs such as food, water and sanitation, shelter, education and healthcare. Access to food has been hampered by arduous and lengthy registration procedures. We stress the importance of full and unfettered access to all areas of the country, including the points of initial reception for persons leaving the conflict zone and internment camps, to enable the international community to assess the actual situation and be in a better position to provide essential assistance. We regret that United Nations personnel were until very recently denied access to the conflict zone and initial screening points for persons exiting the conflict zone, including Kilinochchi. This makes it very difficult to determine the veracity of the allegations of serious human rights violations, including enforced disappearances and arbitrary executions and detentions. Indeed, we are very concerned about recent reports we have received that some of those who risked their lives to help the sick and wounded in the conflict zone are now being detainedƒÆ’-¡ƒ”š‚ incommunicado.ƒÆ’-¡ƒ”š‚  As mandate holders appointed by the Human Rights Council we stand ready to assist the country in helping to ensure that the rights of every person in Sri Lanka, irrespective of origin, are realized. While some mandate holders have had the benefit of seeing first hand the situation in the country, many of us have not had this opportunity. In this regard, we call upon the authorities to swiftly extend invitations to those special procedures mandate-holders who wish to conduct country visits to Sri Lanka.ƒÆ’-¡ƒ”š‚  In addition to our concern at the severe abuses in areas of conflict, we want to emphasize the wider and endemic problems and failures to protect human rights throughout the country. Weak institutional structures permit impunity to go unabated. We continue to receive disturbing reports of torture, extra-judicial killings and enforced disappearances. Those defending human rights, journalists, doctors and lawyers, do not have the space they need to do their important work without fear of reprisals. Regrettably, human rights defenders continue to be arrested and detained without charges; threats and attacks against them occur all too frequently. The denigration and stigmatization of human rights defenders is a cause of serious concern, as attempts to portray them as traitors or enemies of the state put their lives in peril. Room needs to be provided for constructive dialogue which also includes the possibility to express dissent in a democratic society. The wounds of war run deep and will require careful attention to heal. We strongly urge the Government of Sri Lanka to immediately take measures in support of the victims of human rights abuses and their families. In support of the views expressed by the United Nations Secretary-General during his recent visit to Sri Lanka, we believe that reconciliation and peace-building is paramount for the society of Sri Lanka. Thorough governance reforms are needed to prevent further human rights violations. This reconciliation process must be established and implemented on the basis of the rule of law and the principles of non-discrimination and equality. Respect for and protection of minority rights must be an essential component of a peace-building process. This process must ensure the Tamil community and all other minority communities in Sri Lanka their rightful place in society, their participation in Government and institutions of the State, and a meaningful role in determining their future as equal citizens of Sri Lanka. A climate of constructive dialogue, confidence-building and mutual understanding must prevail. A true reconciliation process requires an assessment of what has happened and must ensure accountability and an end to impunity. In this regard we recommend the establishment of an effective mechanism to impartially inquire into all violations committed to ensure that Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s society can build a peaceful and prosperous future based on the principles enshrined in the Universal Declaration of Human Rights.ƒÆ’-¡ƒ”š‚  Thank you for your attention.