Thank you, Mr. President.

UN Watch welcomes the progress made by the Sri Lankan government since resolution 30/1 was adopted in October 2015. However, we take this opportunity to stress the importance of the implementation of a framework to hold to account the parties responsible for the genocide of Sri Lankan Tamils. While progress in the country is welcome, little has been done to provide justice for the victims of the conflict.

The Sri Lankan conflict, which lasted nearly three decades, bore witness to war crimes and crimes against humanity. According to the Sri Lankan Government, almost 8,000 people were killed in the north, and 6,350 went missing after the Government’s defeat of the Tamil Tigers.

However, according to the United Nations panel of experts, established in 2010 by Secretary General Ban Ki-moon, the estimated civilian death toll was actually as much as 40,000. Tamil men and women suspected of having militant ties were subjected to government rape and torture.

In his 2015 report, the High Commissioner called for Sri Lanka to take “immediate action to demonstrate its commitment to redressing past violations.” This was to include the investigation of the disappearance of political prisoners and an end to intimidation of civil society actors. Yet the government has not addressed the issue of missing prisoners. Arrests of civil society actors, under the Prevention of Terrorism Act, have continued. Resolution 30/1 called for international judges to investigate alleged war crimes, but Sri Lanka has allowed only for the establishment of a domestic inquiry mechanism.

Mr. President,

The positive steps taken by the Sri Lankan government should be a complement to justice and accountability—not a replacement. Those responsible for atrocities must not escape justice.

Thank you, Mr. President.

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Delivered by Tiffany Chen

Thank you, Mr. President.
UN Watch welcomes the report on Sri Lanka, and we wish to address three particular concerns.
First, we are disappointed by the government’s refusal to meet or cooperate with the investigation on Sri Lanka by the Office of the UN High Commissioner for Human Rights. Worse, government officials in various ways sought to undermine the investigation, with numerous reports of surveillance, threats, intimidation, harassment and interrogation of grass roots activists, human rights defenders and potential witnesses.
Second, we are alarmed by the documented violations of the laws of armed conflict by both government forces and the LTTE, including unlawful killings, extrajudicial executions, sexual violence, mass detentions, enforced disappearances, torture, the recruitment of children, and the denial of humanitarian assistance.
Third, we condemn the oppression of the Tamils and other minority groups. The inquiry has documented numerous cases of targeted killings of politicians, where the victims are often those of Tamil descent. Enforced disappearances continue unabated, with the most vulnerable group being Tamil males in government-controlled areas.
Mr. President,
The new Government has stated its willingness to cooperate with the Council in order to improve the situation in the country. We hope that will come to fruition. The people of Sri Lanka deserve an end to impunity and a process for reconciliation and accountability. That is the only way to ensure a peaceful and prosperous future for all.
Thank you, Mr. President.

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After Praising Sri Lanka for Killing 40,000 Civilians, The U.N. Must Atone

Today, in the form of the compelling report we have just heard, and the resolution that is before us, this Council faces a singular opportunity—and responsibility.

Let us remember what happened in this room five years ago.

On 26 May 2009, after Sri Lankan government forces had killed an estimated 40,000 Tamil civilians, this Council finally convened a session.

Only instead of condemning Sri Lanka for its atrocities—and holding perpetrators to account—this Council actually did the opposite: the resolution that ultimately went to a vote was the text sponsored and introduced by Sri Lanka itself.

It was co-sponsored by China, Pakistan, Iran, Syria and Sudan, and adopted by a vote of 29 to 12.

In one paragraph after another, the 2009 resolution praised Sri Lanka.

I am holding that resolution in front of you, Mr. President, which “reaffirmed the sovereignty of Sri Lanka”; it “welcomed the liberation achieved by the government of Sri Lanka”; it “encouraged” Sri Lanka; it “welcomed Sri Lanka’s continued engagement”; and finally, summed up in Article 2, it welcomed, and I quote, “the continued commitment of Sri Lanka to the promotion and protection of all human rights.”

Mr. President, two years later, the Secretary General’s panel of experts urged the Council to reconsider that infamous act. Now is that chance.
We need an international mechanism to investigate the atrocities that took place during that time, before and after.

We need to know—the world needs to know—how Sri Lanka perpetrated large-scale and widespread shelling, causing tens of thousands of deaths; how it encouraged civilians to concentrate in no-fire zones, saying that they would cease the use of heavy weapons; how they shelled the United Nations hub, and food distribution lines.

We need to know the truth, Mr. President.

Now is that chance. Let us all vote for this international, independent investigation.

Thank you, Mr. President.

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U.N. Secretary-General Ban Ki-moon had established a Panel of Experts to look into the conflict and its aftermath. One of the recommendations of its 2011 report was for the Human Rights Council “to reconsider its May 2009 Special Session resolution regarding Sri Lanka, in light of this report.”

That session, called by the European Union, had been hijacked by Sri Lanka’s allies, and ended up praising the Sri Lankan government, rather than condemning its atrocities.

A second recommendation asked for the U.N. to conduct “a comprehensive review of action by the United Nations system during the war in Sri Lanka and the aftermath, regarding the implementation of its humanitarian and protection mandates.” Ban Ki-moon established a follow-up panel to do just that.

The second panel’s conclusions were released on 14 November 2012. The panel found that “the United Nations system failed to meet its responsibilities, highlighting, in particular, the roles played by the Secretariat, the agencies and programmes of the United Nations country team, and the members of the Security Council and Human Rights Council.”

The published report included several parts that were blacked out. Inner City Press published the same document, noting how the blacked-out parts are readable by a simple copy-paste.

The second blacked-out part shows the deep mistrust of senior U.N. staff towards their own Human Rights Council. Indeed, they preferred to bypass it and opt for a Sri Lankan domestic mechanism, notwithstanding its known limitations:

In June 2009 the Policy Committee discussed the possibility of UN action to establish a mechanism for an international investigation, an option presented by OHCHR. Several participants noted the limited support from Member States at the Human Rights Council and suggested the UN advocate instead for a domestic mechanism, although it was recognized that past domestic mechanisms in Sri Lanka had not led to genuine accountability.

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While Canada notably asked genuine and specific questions, consistent with the purpose of the Universal Periodic Review mechanism to scrutinize governments and improve the lives of victims, as did New Zealand, Norway and Switzerland, many others took the floor solely to praise.

See for example from the U.N. summary:

• China congratulated Sri Lanka for its “socio-economic developments and national reconciliation, its establishment of national human rights instruments and its progress in resettling IDPs and combating poverty.”
• Iran “commended Sri Lanka for considerable achievements in restoration of civil administration, infrastructure and economic development in the north and east of Sri Lanka affected by the internal conflict.”
• Spain applauded “progress made in promoting and protecting human rights.”
• Saudi Arabia highlighted Sri Lanka’s “commitment to international human rights treaties and legislation to implement them in compliance with UN standards. It noted Sri Lanka’s effort to improve living standards despite decades of conflict.”
• Sudan paid tribute to “Sri Lanka’s efforts to restore stability.”
• Nicaragua recognized Sri Lanka’s “commitment to build the rule of law and strengthen democracy.”
• Lebanon noted Sri Lanka’s “commitment to safeguarding human rights.”
• Oman noted the “enormous efforts made at the national, regional and international levels with setting a plan of action to rehabilitate and reintegrate victims and ex-combatants.”
• Kuwait recognised “the important developments in spite of 30 years of conflict and the stability brought to all segments of society, such as the resettlement of IDPs, clearing the land mines and achieving part of the MDGs.”
• Ecuador welcomed Sri Lanka’s “efforts to establish responsibilities for human rights violations and the inter-ministerial working group on cases of alleged disappearance.”
• The Holy See appreciated Sri Lanka’s “human rights and peace accomplishments.”
• North Korea commended Sri Lanka for its “achievements, including integration of MDGs into national development.”
• Cuba congratulated Sri Lanka for “implementing recommendations accepted in 2008, rehabilitating and re-integrating LTTE ex-combatants, not subjecting former child soldiers to judicial procedures and swiftly resettling IDPs.”

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While Canada notably asked genuine and specific questions, consistent with the purpose of the Universal Periodic Review mechanism to scrutinize governments and improve the lives of victims, as did New Zealand, Norway and Switzerland, many others took the floor solely to praise.

See for example from the U.N. summary:

• China congratulated Sri Lanka for its “socio-economic developments and national reconciliation, its establishment of national human rights instruments and its progress in resettling IDPs and combating poverty.”
• Iran “commended Sri Lanka for considerable achievements in restoration of civil administration, infrastructure and economic development in the north and east of Sri Lanka affected by the internal conflict.”
• Spain applauded “progress made in promoting and protecting human rights.”
• Saudi Arabia highlighted Sri Lanka’s “commitment to international human rights treaties and legislation to implement them in compliance with UN standards. It noted Sri Lanka’s effort to improve living standards despite decades of conflict.”
• Sudan paid tribute to “Sri Lanka’s efforts to restore stability.”
• Nicaragua recognized Sri Lanka’s “commitment to build the rule of law and strengthen democracy.”
• Lebanon noted Sri Lanka’s “commitment to safeguarding human rights.”
• Oman noted the “enormous efforts made at the national, regional and international levels with setting a plan of action to rehabilitate and reintegrate victims and ex-combatants.”
• Kuwait recognised “the important developments in spite of 30 years of conflict and the stability brought to all segments of society, such as the resettlement of IDPs, clearing the land mines and achieving part of the MDGs.”
• Ecuador welcomed Sri Lanka’s “efforts to establish responsibilities for human rights violations and the inter-ministerial working group on cases of alleged disappearance.”
• The Holy See appreciated Sri Lanka’s “human rights and peace accomplishments.”
• North Korea commended Sri Lanka for its “achievements, including integration of MDGs into national development.”
• Cuba congratulated Sri Lanka for “implementing recommendations accepted in 2008, rehabilitating and re-integrating LTTE ex-combatants, not subjecting former child soldiers to judicial procedures and swiftly resettling IDPs.”

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According to a report today in Sri Lanka’s Sunday Leader, the government is concerned that four countries who voted with it in the March session of the UN Human Rights Council, including key allies China and Russia, are to see their terms end in June, putting them in a poorer position to defend the country when it goes before its automatic quadrennial review in October.

But the government is completely wrong.

In fact, the membership terms this year end in December (see UN website here). Their October concern is moot — China and Russia will both still be full members. How the Sri Lankan government could be ignorant of such key facts ought to raise serious questions among its citizens.

Note to Colombo: From 2006-2011, UNHRC elections were held each year in May, and members rotated on and off in June. The new system beginning in 2013 will have membership coincide with the calendar year. In this transitional year, members like China and Russia get an extra six months, exiting in December 2012 instead of June 2012. Elections for the new 2013 members are expected in the fall.

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According to a report today in Sri Lanka’s Sunday Leader, the government is concerned that four countries who voted with it in the March session of the UN Human Rights Council, including key allies China and Russia, are to see their terms end in June, putting them in a poorer position to defend the country when it goes before its automatic quadrennial review in October.

But the government is completely wrong.

In fact, the membership terms this year end in December (see UN website here). Their October concern is moot — China and Russia will both still be full members. How the Sri Lankan government could be ignorant of such key facts ought to raise serious questions among its citizens.

Note to Colombo: From 2006-2011, UNHRC elections were held each year in May, and members rotated on and off in June. The new system beginning in 2013 will have membership coincide with the calendar year. In this transitional year, members like China and Russia get an extra six months, exiting in December 2012 instead of June 2012. Elections for the new 2013 members are expected in the fall.

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During one of the most dramatic informal consultations –with a UN security guard by the doors– the Sri Lankan Attorney-General challenged the premise and necessity of this draft, which he categorically rejected and refused to engage in a dialogue on it. He called the consultation a “farce,” adding that “might is not right.” He was supported by Egypt on behalf of NAM, Russia, China, Cuba, Zimbabwe, Philippines, Algeria and other NAM countries. They all stressed that they oppose country-specific resolution and that the text will have no effect without the consent of the concerned country. Cuba challenged the US Ambassador by asking her to submit a resolution on Guantanamo if they are so concerned with accountability issues.

Denmark for the EU, France, the UK, Canada, Australia, Sweden, Switzerland, Hungary, Poland, Germany, Norway and others supported the US initiative, calling it timely and necessary. The EU also said they would like to see a reference in the text to the report of the Secretary-General’s Panel of Experts on Sri Lanka. One of their recommendations is for the Council to reverse its resolution praising Sri Lanka for its actions during the 2009 civil war that left thousands of civilians dead.

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At a recent UN press conference, U.S. Ambassador Eileen Chamberlain Donahoe offered a good review of what’s ahead. Click here for the transcript, and here for the audio. Reuters asked about UN Watch’s protest over Libya’s vehement attack against gays (minute 16:00).

Of note:

• The Syrian envoy to the UN rights council,  Faysal Hamoui, hasn’t been seen in a while, and, alluding to the Libyans’ defection last year, Ambassador Donahoe hinted that he may be planning the same:

Ambassador Donahoe: [A]s a factual matter I have not seen the Syrian Ambassador recently… I haven’t seen him in a long time.

Media: Has he disappeared from Geneva?

Ambassador Donahoe: I can’t confirm or deny that. I personally haven’t seen him. Let me say one other thing which is a year ago when we did the special session on Libya, our relationship with the Libyans was rather strained and yet we were in communication with them. At that time they were trying to decide what their personal stance vis-à-vis the government would be, and by the time we had, the day we called for the special session, between then and the Friday, they had decided that they would disassociate themselves from the government. So I can’t tell you if the Syrian Ambassador is facing the same dilemma.

• The council’s investigative mandate on Iran should be renewed “fairly easily,” and the U.S. hopes to increase pressure on the Iranian regime — through either an increased majority, or other language in the text — to allow the special rapporteur to enter the country. “Whether that happens or not, we think there’s real value in continuing this mandate because it shows the people inside Iran that the international community is paying attention and that the Iranian narrative about how they treat their people is not fooling anyone.”

• There will be a resolution on Syria, expected to extend the current Commission of Inquiry, add further condemnation and include other tools to address the humanitarian situation. The ambassador did not, however, mention the appointment of a special rapporteur, which was supposed to come during this session, but is rumored to be on hold.  (An urgent debate on Syria is now slated for Tuesday.)

• The US is confident of adopting a resolution on Sri Lankas’s 2009 atrocities, whose elements will include “real accountability, real implementation, and real reconciliation.” It will acknowledge alleged good aspects of Sri Lanka’s domestic investigation, while deeming the process inadequate.

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