Come March 2017 UN Needs To Act On Sri Lanka
By Usha S Sri-Skanda Rajah –December 12, 2016
Usha S Sri-Skanda-Rajah
Come March 2017 UN Needs To Act On Sri Lanka: An ICC Referral Or An International Special Tribunal Is Now Proven To Be Most Wanting – Part 1
Come March when the 34th session of United Nations Human Rights Council gets underway, all eyes should be on Sri Lanka when it is expected, under paragraph 18, to produce a, “a comprehensive written report, followed by a discussion on the implementation of the resolution,” it co-sponsored. The resolution initiated by America, passed without a vote on 1st October 2015 at the 30th session of the UNHRC, which also got the backing of India and China – both of which otherwise hold the position that they would not support a, “country specific resolution” if it’s not, “accepted by the country concerned.”
As the world was observing International Human Rights Day, the day the ‘Universal Declaration of Human Rights’ was adopted by the UN General Assembly in 1950, for Tamils there was actual frustration and no better time to go back to what the new regime under President Sirisena co-signed in the resolution, “promoting accountability, reconciliation and human rights,” in Sri Lanka.
How far has Sri Lanka gone towards fulfilling its obligations under HRC 30, i.e. towards delivering transitional justice to victims of Mullivaiikal? Sri Lanka seems to be inching its way to nowhere as many still ponder over the question that’s been asked again and again: In the search for justice, will Sri Lanka match up to the task? Transitional justice meaning, criminal Justice, reparations, truth and memory, institutional reform, gender issues, matters pertaining to children and youth etc..
As regards even the new regime the answer still seems to be a resounding no!
An examination of a few of the key provisions would show there has been little or no genuine will on the part of the Sirisena regime to implement the resolution comprehensively as stated. While this is the reality, more evidence is emerging, that violations and abuses such as the dreaded ‘white van abductions’ are still going on.
Take for instance, Paragraph 13, whilst ratifying the ‘ international Convention for the Protection of All Persons from Enforced Disappearances’, and albeit legislating to creating an Office of Missing Persons (OMP), the regime, has still to get it operational and working. The OMP in itself is a disappointment and did not come up to expectations, the Human Rights Watch reported, because of the, “lack of consultations with the families of the disappeared.”
Moreover, Thambu Kanagasabai in his analysis, wrote the OMP was deceptive and futile, stating, although the, “OMP for its intent and purpose is a positive step to trace, search, and collect information as to the circumstances which led to disappearances, it is just an inquisitional mission without any powers on its own to prosecute those involved in the disappearances after identifying them.”
The ‘office of reparations’ called for under the resolution, is not even in the radar, a main component of transitional justice.
As per Paragraph 12, the draft to replace the much feared, ‘Prevention of Terrorism Act’ (PTA), now referred to as the ‘Counter Terrorism Act’ (CTA) has been condemned by civil society organisations as being worse than the existing one, the text of which is said to be, according to the Sri Lanka Campaign, “deeply disturbing” and quoting a commentator’s observation, “a cure far worse than the disease.” Mr. A Sumanthiran TNA MP, called the draft law, “old wine in a new bottle,” and not, “in tune with international best practices,” and, “fears that the new law will retain objectionable features of the PTA like preventive detention for indefinite periods and legal acceptance of “confessions” made to police officers in the first instance.”
