Learning Together From Geneva Mistakes
Jehan Perera
The resolution on Sri Lanka that is to be voted on this coming Friday at the UN Human Rights Council is tighter than the draft that first made its appearance two weeks ago. This would be disappointing to the Sri Lankan government that worked hard through its friendly countries to dilute the draft resolution, if not defeat it entirely. However, mistakes made by the government and circumstances beyond its control have worked against it. Many of the government’s problems have arisen from the fact that important decisions are not taken by collectively by the Cabinet, or by cabinet sub-committees, but by individuals or by individual ministries. However, matters that impact upon the entire country need to be discussed by a larger number rather than by a lesser number, as this way more points of view come across, and the best can be selected.
The arrest of two high profile human rights defenders, Ruki Fernando and Fr Praveen Mahesan, at the same time as the debate on Sri Lanka’s human rights situation was taking place in Geneva is a case in point. They were arrested on charges of being supportive of the LTTE, of embarrassing the government and giving information detrimental to national security. The timing of the arrests was puzzling. The sudden arrest of the two Human Rights Defenders during the UNHRC session itself could not have been worse timed. It served to focus international attention on the unsafe human rights situation in the country at a time when the country was in the dock of the UN in Geneva. Since the arrests took place in Kilinochchi in the North, where the military presence and domination is very high, it can be believed that the decision to arrest them was the overriding one of national security.
The arrests unleashed an unprecedented barrage of appeals on behalf of the two arrested Human Rights Defenders. It is reported that the highest levels of the UN, foreign governments and the Catholic Church appealed on their behalf. The problems of entrusting decision making to defense authorities in contexts that have long term consequences and international ramifications is apparent in this case. The government needs to have a better rounded decision making system that could include the military but is controlled by civilians who have a better rounded grasp of political realities. The government’s decision to release the two human rights defenders swiftly was a prudent one. It appears that once the nature of the damage to the country’s reputation was seen the government was prepared to reverse itself.
