Judicial accountability mechanism pivotal
Saturday, March 23, 2019
Some Tamil radicals consider Prime Minister Ranil Wickremesinghe’s proposal to establish a ‘Truth and Reconciliation Commission’ is far too premature. In addition to his call to “forgive and forget” is without merit when there has been no admission of guilt of at least for the non-recognition of Tamil nationality and also no expression of remorse for continued disparity and repression. In South Africa, the TRC was established by the oppressed Blacks at the end of the apartheid era when Blacks won the right to govern themselves.
In Sri Lanka even the self-power in Tamil areas is still nominal; not even the 13th Amendment is fully implemented. In spite of Premier Wickremesinghe’s Liberalism, Sinhala Buddhist supremacist policies are powerful in Sri Lanka shown by the notorious 53-day drama. Hence a TRC is neither feasible nor viable unless 13th and 19th Amendments are implemented. As such in the present situation, they press among others, the need for Canada to play a lead role at the UNHRC, as the body prepares to vote on a new resolution.
They further emphasise: “Despite being granted a two year extension in March 2017, Sri Lanka has failed to implement nearly all of the substantial provisions contained in resolutions 30/1 of 2015 and 34/1 of 2017, both of which it co-sponsored – including the failure to establish a judicial accountability mechanism, in a domestic setting with foreign participation, as promised. Sri Lanka continues to show it has neither the will, nor wherewithal, nor the southern consensus needed to create a domestic mechanism with foreign participation as called for in the resolution. This considering President Sirisena has categorically rejected any “foreign participation”, insisting he will not allow even one soldier to be prosecuted, going as far as removing Mangala Samaraweera, from the ‘Foreign Affairs’ portfolio, for agreeing to co-sponsor resolutions 30/1 and 34/1.”
UNHRC - 40th session
Some Tamil leaders plead the UN members to not help Lanka to perpetuate a lie. They say Canada and the ‘Core Group on Sri Lanka’ must stand with victims and lead the call for an international judicial accountability mechanism. However they forget that these UN states were the main supporters of Lanka in the war against, LTTE led Tamil liberation war. On the other hand, it is the world democratic mass movement that pressed; particularly in western powers, to challenge the fascistic Lankan regime of Mahinda. It is now ten years since the Mullivaikkal mass repression. For all Tamils, this is particularly a horrible and painful moment in time. The 40th session of the UN Human Rights Council (UNHRC) is in progress and another resolution on, “Promoting Reconciliation, Accountability and Human Rights in Sri Lanka,” is being drafted with the participation of Lankan representatives.
It appears as though there may be more drama coming and there’s no telling how the Core Group and the UNHRC would respond. Although there should not be an unending saga that relies completely on a domestic mechanism; it has to end. In spite of the confusion, in the end, Sri Lanka is to be given another extension. Tamil Canadians, writing to Prime Minister Justin Trudeau and Foreign Affairs Minister, Christie Freeland, urging against any extensions, is not realistic. Canada stood firm on the side of victims massacred in the Mullivaikkal Genocide and lead the call for international action.
International tribunal
The mass murder with a political purpose is genocide and that needs to be investigated and litigated. Realistically, if the UN is accusing Lanka of genocide, the proper action should be taken by the UN, as a majority. UN will not take such action since leading countries in the UN, supported and intervened in the war against Tamil liberation fighters.
UN condemned the LTTE’s violence as terrorism. When UNHRC investigate mass murder, raped, tortured and killed in Sri Lanka, have not only got to be counted and accounted for, but it’s also imperative the perpetrators of these heinous crimes are called to account in an independent international tribunal that will look after the interests of victims and has the trust of the Tamil community. However, the UN itself committed to the Anti-Tamil Tiger war and supported the Mahinda regime and defended fascistic actions and let down the voice of Lankan Tamil nationality. UN failures, the support given to fascistic Mahinda has to be investigated by an independent inquiry. Will Americans, Indians, etc. agree to such an independent inquiry?
While expecting the usual compromises from Sri Lanka, radical Tamils are placing their faith wholly on the rule of law according to international standards and norms, and are looking to the UNHRC and the Core Group to deliver justice and fair play for the victims through an international judicial accountability setup and not through a domestic mechanism, hybrid or not.
It appears most Tamils and Tamil organisations in the diaspora and in the homeland are solidly against giving Lanka any further extensions. While a massive Hartal and shut down by Tamils are taking place in the homeland as the UNHRC opened its sessions, numerous Tamil diaspora organisations were writing to the High Commissioner for Human Rights (High Commissioner) and to the 47 member states of the UNHRC. They are urging against giving Lanka any more additional time. However, they do not propose any alternative either. Are they proposing, trade and help cut down organised by UN against Lanka? Will America, India agree to such an action?
In Sri Lanka even the self-power in Tamil areas is still nominal; not even the 13th Amendment is fully implemented. In spite of Premier Wickremesinghe’s Liberalism, Sinhala Buddhist supremacist policies are powerful in Sri Lanka shown by the notorious 53-day drama. Hence a TRC is neither feasible nor viable unless 13th and 19th Amendments are implemented. As such in the present situation, they press among others, the need for Canada to play a lead role at the UNHRC, as the body prepares to vote on a new resolution.They further emphasise: “Despite being granted a two year extension in March 2017, Sri Lanka has failed to implement nearly all of the substantial provisions contained in resolutions 30/1 of 2015 and 34/1 of 2017, both of which it co-sponsored – including the failure to establish a judicial accountability mechanism, in a domestic setting with foreign participation, as promised. Sri Lanka continues to show it has neither the will, nor wherewithal, nor the southern consensus needed to create a domestic mechanism with foreign participation as called for in the resolution. This considering President Sirisena has categorically rejected any “foreign participation”, insisting he will not allow even one soldier to be prosecuted, going as far as removing Mangala Samaraweera, from the ‘Foreign Affairs’ portfolio, for agreeing to co-sponsor resolutions 30/1 and 34/1.”
UNHRC - 40th session
Some Tamil leaders plead the UN members to not help Lanka to perpetuate a lie. They say Canada and the ‘Core Group on Sri Lanka’ must stand with victims and lead the call for an international judicial accountability mechanism. However they forget that these UN states were the main supporters of Lanka in the war against, LTTE led Tamil liberation war. On the other hand, it is the world democratic mass movement that pressed; particularly in western powers, to challenge the fascistic Lankan regime of Mahinda. It is now ten years since the Mullivaikkal mass repression. For all Tamils, this is particularly a horrible and painful moment in time. The 40th session of the UN Human Rights Council (UNHRC) is in progress and another resolution on, “Promoting Reconciliation, Accountability and Human Rights in Sri Lanka,” is being drafted with the participation of Lankan representatives.
It appears as though there may be more drama coming and there’s no telling how the Core Group and the UNHRC would respond. Although there should not be an unending saga that relies completely on a domestic mechanism; it has to end. In spite of the confusion, in the end, Sri Lanka is to be given another extension. Tamil Canadians, writing to Prime Minister Justin Trudeau and Foreign Affairs Minister, Christie Freeland, urging against any extensions, is not realistic. Canada stood firm on the side of victims massacred in the Mullivaikkal Genocide and lead the call for international action.
International tribunal
The mass murder with a political purpose is genocide and that needs to be investigated and litigated. Realistically, if the UN is accusing Lanka of genocide, the proper action should be taken by the UN, as a majority. UN will not take such action since leading countries in the UN, supported and intervened in the war against Tamil liberation fighters.
UN condemned the LTTE’s violence as terrorism. When UNHRC investigate mass murder, raped, tortured and killed in Sri Lanka, have not only got to be counted and accounted for, but it’s also imperative the perpetrators of these heinous crimes are called to account in an independent international tribunal that will look after the interests of victims and has the trust of the Tamil community. However, the UN itself committed to the Anti-Tamil Tiger war and supported the Mahinda regime and defended fascistic actions and let down the voice of Lankan Tamil nationality. UN failures, the support given to fascistic Mahinda has to be investigated by an independent inquiry. Will Americans, Indians, etc. agree to such an independent inquiry?
While expecting the usual compromises from Sri Lanka, radical Tamils are placing their faith wholly on the rule of law according to international standards and norms, and are looking to the UNHRC and the Core Group to deliver justice and fair play for the victims through an international judicial accountability setup and not through a domestic mechanism, hybrid or not.
It appears most Tamils and Tamil organisations in the diaspora and in the homeland are solidly against giving Lanka any further extensions. While a massive Hartal and shut down by Tamils are taking place in the homeland as the UNHRC opened its sessions, numerous Tamil diaspora organisations were writing to the High Commissioner for Human Rights (High Commissioner) and to the 47 member states of the UNHRC. They are urging against giving Lanka any more additional time. However, they do not propose any alternative either. Are they proposing, trade and help cut down organised by UN against Lanka? Will America, India agree to such an action?
