Say NO to Sri Lanka

Human rights , canards and review of Sri Lankan performance

By Nimalka FernandoThe Sri Lankan mission in Geneva has a famous cliché`.  Most of its right to reply statement has a title which refers to `canards’ being spread by the NGO sector.  The dictionary meaning of `canard’ is `unfounded rumours’.  Is it a canard to say that   citizen’s have lost their faith in investigation procedures related crimes of disappearances, extra-judicial killings and assassinations? Is it a canard to state that  family members have been compelled to give statements  that `un-identified gunmen’ killed the loved ones? Is it a canard to state that plantation community still finds it difficult to get their entitlements and experience marginalization?  Are we making false statements when we refer to the white van that roam around picking up identified persons in broad daylight as well as in the night?  The Executive President himself has witnessed the tears of mothers and wives of the abductees and those who disappeared last year when the Hon Radhakrishnan led a delegation to the Temple Trees. Yet the GOSL is engaged in a criminal game of denial or habitual practice of delivering canards against those seeking to expose these grave violations and crimes against humanity.  The latest in the round of violence is now reported from Amparai as reported in the Tamil newspapers.  We would like the representatives who come to Geneva to visit the Alayadivembu village in Amparai and investigate into this report appearing in the Thinakural of 14th March 2008. Sexual harassment by armed gangs in Alayadivembu  Young women and girls in Alayadivembu are being subject to sexual torture and harassment by armed gangs during the night time. This situation is creating a lot of fear among the residents of Alayadivembu. The residents have already told MP Pathmanathan that these acts of sexual harassment are being done following the  ideoing by the STF. After 11 at night, these armed groups come on motor bicycles and break into houses, and try to torture and harass the women and girls. If the dogs bark, they kill the dogs. Some girls have been admitted to hospital. Many families have started to live together in one place after these incidents for their own safety. The street lights are switched off after 9 p.m. Thinakkural (March 14, 2008) Now who will investigate into these incidents reported?  Can those representatives who make allegations of our findings related to such incidents  call us as those spreading unfounded rumours? We challenge each of those who defend the human right record of this regime to visit the areas in the north and east  like we do. As ordinary citizen’s interacting  with them freely before formulating  canards regarding the life of people living in a conflict situation.  Pledges made to the General Assembly by GOSL to become a member of the Human Rights Council As a result of the UN Reforms process which came into effect in the year 2006 the Human Rights Commission was replaced by a Human Rights Council elected by  the UN General Assembly.  Member states who wished to be elected contested at an election held for membership.  A striking feature in this process was the necessity placed on the governments seeking to become members of the HRC to publicly provide pledges based on the  General Assembly resolution 60/251. Sri Lanka was required to pledge that as a member of the Human Rights Council  (1) “shall uphold the highest standards in the promotion and protection of human rights” and (2) “shall fully cooperate with the Council.”  As Sri Lanka presented itself for the candidature to the Human Rights Council at the election held on 9th May 2006 it  assured the General Assembly that Sri Lanka will in keeping with its past practice engage constructively with the HRC in all its endeavours to promote and protect human rights. Further the Aide Memoir also states ‘Sri Lanka also plays an active role in the promotion of International Humanitrian Law’. Further in the same document GOSL has undertaken inter alia to promote such activities recognizing that development, peace and security and human rights are inter-linked and are mutually reinforcing. Further ,in being elected it has also accepted to face a pier-review immediately after the first term in office. The GOSL hence is now required to provide the Universal Periodic Review for the Council. The information basis for each review will be n information from the State under review, n  a compilation of information from  treaty bodies, Special Procedures and other UN bodies, and n  a summary of other “credible and reliable information”, e.g. from NGOs. Universal Periodic Review Process In May 2008 Sri Lankan government would face a review under the newly established procedure under the Human Rights Council.  The Sri Lanka government has to present a Report addressing issues of its performance as a member of the Human Rights Council within the framework it got elected to serve as a member in the Council.  Further the review will have a 20 page Report from Sri Lanka and another 20 page document prepared by the Secretariat of the OHCHR based on reports of the Special Mandates and other stake-holders including NGOs and INGOs. The UPR process involves a number of distinct stages:  (a) preparation by the State to prepare information for the review – the Human Rights Council has encouraged States to hold a consultation at the national level; (b) a 3-hour interactive dialogue in the UPR Working Group with the State concerned; (c) adoption by the UPR Working Group of the report on the review; (d) adoption by the Council, in a regular session, of the outcome of the review; and (e) follow up and implementation by the State concerned and others as relevant.The working group reviewing Sri Lanka has been already drawn. They are Bangladesh, Cameroon and Ukraine. As one distinguished former MP  who once campaigned for human rights stated  to this columnist `what can Bangladesh review of Sri Lanka? Ukraine is a source country for armaments. Camerron will be now searching where Sri Lanka is in the universal map!’ Mapping the lies and denials in defence of GOSL The  GOSL up to date has not been able to even come up with a draft . At  a consultation called for by the Minister for Human Rights where few NGOs participated the so called `drafters’ were exhibited. But not the document.  The acute shortage of consultants were revealed in this  process as they had hurriedly ensembled few tired and re-tired former civil servants who know nothing about the new HRC system nor UPR .  As usual the only expertise required to defend human rights in Sri Lanka seems to be (a) allegiance to the Rajapaksa trio (b) able to utilize family and personal feuds in developing canards against the opponents (which SCOPP has enough expertise adding few more would be exciting though)  and  (c) dual citizenship.   This seems to be the core ethics of the voices for `sovereignity  and anti-imperialism’ we hear in the halls in Geneva.  There is no doubt in our minds that the GOSL has clearly failed  to meet the standards the General Assembly set for members of the Human Rights Council in establishing that body two years ago Can UPR  of Sri Lanka answer the following questions? Who are the perpetrators of the following crimes taking place in Sri Lanka since it became a member of the HRC in May 2006 . Among the prosecuting cases how many are related to any of the events listed below?   At least the UPR should strive to address grave violations that have  taken place in the government controlled areas and by the TMVP as now they are in governance `democratically elected’ even though they are still unarmed’;  extrajudicial killings and the prevalence of culture of impunity over 1,500 enforced disappearances; forcibly returning internally displaced persons to unsafe areas before the land-mine clearance certificates have been issued and without restoring normalancy as required in the principles of guidelines related to IDP resettlement.The assasination of Tamil media persons and continuing threats to the workers of the Sri Lanka Rupavahini Corporation since December 27th; complicity with the recruitment of child soldiers by the Karuna group; military attacks on human rights defenders and NGOs working for peace and human rights assaination of humanitarian workers attack on places of worship. Does the National Human Rights Commission provide relevant and necessary information re the use of the ER related to HR situation in the country to the Parliament prior to the debate on the extension of the Emergency Regulations to assist all Parties to take an informed decision;. •How many detainees are there presently with detention orders and in which camps? •The ethnic profile of the detainees in the various camps and detention centres. •Removal of security personnel of Parliamentarians who are representatives of the Tamil and Muslim constituencies and those of the opposition who are under death threats. These offenses represent some of the most serious of all human rights violations.  A government which systematically engages in such violations surely cannot be said to be upholding the “highest standards in the promotion and protection of human rights.”  Has the Sri Lanka government taken steps to discipline the Ministers and other representatives of the regime who made canards against Mr Allan Rock, the UN Special Advisor on Children and Armed Conflict of being an LTTE sympathizer, after Rock had found that the government was complicit in the abduction of child soldiers by the Karuna militia.Cabinet Minister Jeyaraj Fernandopulle for calling Mr John Holmes, the UN undersecretary-general for humanitarian affairs  “a terrorist” in response to his conclusion that Sri Lanka was amongst the most dangerous places in the world for humanitarian workers.  When UN Secretary-General Ban Ki-moon called such comments “unacceptable and unwarranted,” Fernandopulle said that he “didn’t give a damn” what the UN secretary-general had to say.When UN High Commissioner for Human Rights Louise Arbour called for a UN monitoring mission in Sri Lanka, the head of the government’s Peace Secretariat described her as having become “a football, to be kicked about at will, to score goals for terrorists and others who do not mind sharing a terrorist agenda provided it gets them their goals too.” Rather than promote human rights worldwide as required of Council members by GA Resolution 60/251, Sri Lanka in fact is using  its Council membership to protect itself from criticism, particularly any resolution which would address the human rights situation in Sri Lanka. It is a foregone conclusion that the Sri Lankan government will justify all its violations `in the name of defeating the LTTE’.  It will once again state that action has been taken through the establishment of the COI to address identified grave violations.  The representatives of the AGs department will continue to claim that 596 odd prosecutions are taking place related to alleged violations. It would lament if it can lament at all  re non-availability of evidence without asking a question as to why `law enforcement’ has not been able to win the confidence of the people. A case in point would be the testimony given by Dr Manoharan in camera to the COI.  We never asked the questions why such a  senior citizen had to leave the country in the middle of the investigation. On at least 2 occasions when a Presidential Advisor  intervened strongly regarding incidents of abductions threatening to file action as some evidence was forthcoming strangely and `co-incidently’ the abductees were found dumped and they returned back to home safety.  At least the AGs department has failed up to date to provide the HRC details of the cases filed against perpetrators.  I wonder whether this could also be categorized  as a canard? Hence for us human rights activists the UPR process presently does not give any constructive    challenges.  Democratic and Human rights of citizens can not be viewed in relativism.  We are not there to be engaged in balancing games.  But as we see various  players gathering round the UPR of our country let me warn the citizens with a conscience , family members who are still grieving for the loved one’s that your human rights will be buried in the graveyard of personal and political expediency of the regime and in a plethora of canards.   Writer Nimalka Fernando is an  attorney-at-law women’s and human rights activist and is the President of IMADR and Convenor of Women’s Alliance for Peace and Democracy and Mothers and Daughters of Lanka.