Keeping Promises – Fooling The UN Is A Lot Tougher Than Fooling Sri Lankans
Prof. S. Ratnajeevan H. Hoole
Commitment to the People
After the war and the massacres of civilians by the army, promises were made to the world, including to the Tamil people at the UNHRC. While some seem to think that Mr. Ranil Wickremesinghe and the UNP sealed the deal by themselves, diplomatic circles are very clear that President Maithripala Sirisena was fully briefed and agreed to cosponsoring Resolution 30/1 at UNHRC.
However, President Sirisena is, according reports, going to Geneva seeking to renegotiate Resolution 30/1. The expectation, says Jehan Perera, is that he will fail. The world will not brook heads of state playing games with them, promising one thing one day and asking to be excused the next.
Review of the Commitments
Three years after 30/1, it is good to recall what we promised and where things are. Succinctly
Para 1: Encourages implementing measures for truth-seeking, justice, reparations and guarantees of non-recurrence. (In contrast, the President keeps calling murdering soldiers national heroes and promises that they will never be charged. It is a promise of impunity to those who murder Tamils, inviting recurrence).
Para 2: Encourages exploring appropriate forms of international support for and participation in Sri Lankan processes seeking truth and justice. (What truth and justice when our leaders are in denial?)
Para 3: Strengthen processes of truth-seeking, justice, reparations and guarantees of non-recurrence by engaging in broad national consultations drawing on international expertise, assistance and best practices. (There are no national consultations. There is paranoia about international expertise).
Para 4: Establish a commission for truth, justice, reconciliation and non-recurrence, an office of missing persons and an office for reparations. (The OMP has happened at long last, but the President made his mala fides clear by not appointing persons for long even after the law was passed, and not appointing some good nominees proposed by the CC).
Para 5: Recognize the need for a process of accountability and reconciliation for the violations and abuses committed by the Liberation Tigers of Tamil Eelam. (Contrary to how we treat Sinhalese murderers, Tiger suspects against whom there is no evidence languish in prison).
Para 6: Establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, and affirm that a credible justice process should include independent judicial and prosecutorial institutions, and the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators. (No action but a lot of hysteria).
Para 7: Implement the LLRC Report, as well as the recommendations of the report of the Office of the High Commissioner, including by allowing for the trial and punishment of those most responsible for the full range of crimes during the period covered by the LLRC. (The President promises to protect them).
Para 8: Also encourage the Government of Sri Lanka to introduce effective security sector reforms and ensure that no scope exists for retention in or recruitment into the security forces of anyone credibly implicated in serious crimes involving human rights violations or violations of international humanitarian law. (Instead murderers are rewarded and are made our Ambassadors).
Para 9: Passage of an updated witness and victim protection law and commitment to review the law, and strengthen specific accommodations to protect witnesses and victims, investigators, prosecutors and judges. (Some progress that is undone by obstructing and threatening those going to Geneva to give evidence).
Para 10: To accelerate the return of land to its rightful civilian owners, and to end military involvement in civilian activities, the resumption of livelihoods and the restoration of normality to civilian life. (Settlements are increasing as shown below. The army has asked for powers to tackle gang violence in Jaffna for which there is evidence that the Police are behind the sword wielding Aava gangs whose activities in the first 20 days of September are shown in Table 1.
Table 1: Gang Violence in Jaffna: 1 Sept. to 20 Sept. 2018
| Date | Where | Description |
| 6 Sept. 2018 | Kaikulanj Chanthai | 3 houses attacked. 3 injured by sword cut |
| 8 Sept. 2018 | Manipay | 3 houses attacked. 2 motor bikes and ice cream van damaged. The van was burnt. |
| 12 Sept. 2018 | Puthukudiyiruppu | Two injured by sword. One attacker killed by householder |
| 19 Sept. 2018 | Kaithady | 5 injured by knife cuts |
Para 11: To investigate all alleged attacks by individuals and groups on journalists, human rights defenders, members of religious minority groups and other members of civil society, as well as places of worship, and to hold perpetrators of such attacks to account. (Government reluctance to punish Gnanasara Thero, giving him the comforts of hospital after he is convicted and calls for his pardon show sympathy for his activities and that there are powerful forces supporting him).
Para 12: Welcomes the commitment of the Government of Sri Lanka to review the Public Security Ordinance Act and to review and repeal the Prevention of Terrorism Act, and to replace it with anti-terrorism legislation in accordance with contemporary international best practices. (This has not happened and the PTA is the very instrument that puts us Tamils in constant danger from the police and army).
