• Advanced copy of UNHRC High Commissioner notes ‘damning’ issues 
• Govt. to respond to High Commissioner’s report by Wednesday deadline 
• UN SG meets SL envoy in New York after receiving Tamil parties’ letter 
• Tamil parties discuss HR concerns with SL Core Group Head UK

An advanced copy of the report prepared by the High Commissioner of the United Nations Human Rights Council (UNHRC) on Sri Lanka, which is expected to be tabled at the Council in Geneva, Switzerland this March, has been handed over to the Presidential Secretariat and the response to the report is currently being prepared by the Secretariat together with the Foreign Affairs Ministry.  Inquiries from several diplomatic sources revealed that the contents of the report are quite “damning” with references to specific instances of alleged human rights violations as well as the individuals involved.  However, the response to the UNHRC report is expected to be submitted to the UNHRC in Geneva by Wednesday (27) and Foreign Secretary Jayanath Colombage noted that the Government would definitely send its response to the Council by the Wednesday deadline.   Meanwhile, the Media Secretary to the State Minister of Regional Co-operation Deshan Gonawela had told the media that the Presidential Secretariat has received the said report and is currently considering the formal stance that the Government of Sri Lanka should take regarding the matter.  UNHRC High Commissioner Michelle Bachelet, in her update on Sri Lanka’s human rights situation to the UNHRC on 14 September 2020, had noted a “negative trend” in Sri Lanka with regard to human rights.  Bachelet last September raised concerns over the draft 20th Amendment to the Constitution.  Speaking during the opening session of the 45th UNHRC Session, Bachelet had expressed concerns over the 20th Amendment at the time, especially over its impact on the independence of key institutions including the Sri Lanka Human Rights Commission.  Bachelet had also expressed concerns over Sri Lanka reneging on its commitments to the UNHRC.  “In Sri Lanka, I am troubled that the new Government is swiftly reneging on its commitments to the Human Rights Council since it withdrew its support for Resolution 30/1. Among other developments, the proposed 20th Amendment to the Constitution may negatively impact the independence of key institutions, including the National Human Rights Commission,” she had said at the time.  She had further observed that the pardon granted last March to a former army sergeant convicted of participating in unlawful killings; appointments of senior military officials allegedly involved in war crimes and crimes against humanity to key civilian roles; and moves within the Police and judiciary to thwart the investigation of such crimes, set a very negative trend.  Bachelet had added that the surveillance and intimidation of victims, their families, human rights defenders, journalists, and lawyers should cease immediately.  The High Commissioner had also called on the Council to give renewed attention to Sri Lanka, in view of the need to prevent threats to peace, reconciliation, and sustainable development.  The commitments to reconciliation, accountability, and human rights which were made by the Resolution 30/1 which the former United National Front-led Government co-sponsored with the UNHRC in 2015, were renewed in 2017 and 2019 in two further UNHRC Resolutions.   The new Government in 2019 voiced its intentions to withdraw from the co-sponsorship which the Government proceeded to complete in February 2020.  However, referring to the contents of the advanced copy of the UNHRC High Commissioner’s report, Foreign Secretary Colombage noted that the report contained certain “factual inaccuracies” as well as “misconceptions” that would be addressed in detail in the Government’s response. 

CoI on human rights 

It is in this backdrop that President Gotabaya Rajapaksa moved to appoint a three-member Commission of Inquiry (CoI) chaired by Supreme Court Judge A.H.M.D. Nawaz to study and make recommendations with regard to the processes that had been carried out with regard to the human rights situation in Sri Lanka.  In an extraordinary gazette issued on Friday (22), it was stated that the CoI has been mandated to investigate and report or take necessary actions on findings of preceding commissions or committees on alleged human rights violations, serious violations of International Humanitarian Law (IHL), and other such offences in Sri Lanka.  The CoI, chaired by Supreme Court Judge Nawaz, consists of retired IGP Chandra Fernando and retired District Secretary Nimal Abeysiri.  The Gazette stated that the policy of the Government of Sri Lanka is to continue to work with the UN to achieve accountability and human resource development for achieving sustainable peace and reconciliation, even though Sri Lanka withdrew from the co-sponsorship of the UN resolutions.  The President has authorised the commissioners to conduct or cause the conduct of necessary investigations and inquiries and to transmit interim reports to the President where it is necessary.  The final report is instructed to be submitted within six months, setting out the findings of investigations and inquiries, and recommendations.  These will include the findings of the Lessons Learnt and Reconciliation Commission (LLRC), the report of the UN Secretary General’s Panel of Experts on Accountability in Sri Lanka (Darusman Report), the findings of the Presidential Commission to Investigate Complaints Regarding Missing Persons (Paranagama Commission Report), and all the reports/resolutions of the UNHRC. 

The Government, it is learnt, is to apprise the UNHRC during its sessions commencing February of its intentions to amend certain clauses in the Prevention of Terrorism Act (PTA). The issue of amending the PTA is handled mostly by the Foreign Affairs Ministry and it is learnt that the Attorney General (AG) has been requested to study and submit certain amendments to the piece of legislation. 

As for whether the Government would be in a position to provide solid responses to the UNHRC until the CoI submits its report, the Foreign Secretary noted that it would require some time to provide a response on the findings of the new Commission since it could not be completed overnight.  However, as for the possible allegation by the international rights body that the Sri Lankan Government was once again engaged in stalling tactics without providing any tangible solutions, Colombage observed that the CoI is not a time-buying exercise, as the Commission has been appointed for a stipulated time frame.  Colombage further stated that the Government was committed to addressing the issues and concerns raised with regard to human rights and is also looking at resolving issues related to missing persons – how many there are and the circumstances behind their disappearances. “Then there’s the issue of reparations and the issuing of death certificates with regard to the missing persons,” the Foreign Secretary added.  The 46th Session of the UNHRC, set to commence on 22 February, would therefore play a decisive role in Sri Lanka’s future standing in the international community. 

Tamil parties 

The Tamil political parties represented in Parliament that have launched a joint front to urge the UNHRC to push for “decisive action” due to the failure of a domestic process to investigate and prosecute rights abuses during the armed conflict in Sri Lanka, are now gearing to take the campaign to the next level.  In the first step of the campaign, the Tamil National Alliance (TNA), Tamil National People’s Front (TNPF), and the Tamil Makkal Tesiya Kootani, in a joint letter that was sent to the heads of missions of the 47 UNHRC member states recently, had called on the Council to declare in a final resolution that Sri Lanka had failed in its obligations to investigate allegations for violations committed during the armed ethnic conflict and atrocity crimes, including genocide, crimes against humanity, and war crimes.  The parties had called on the UNHRC member states to urge that alleged war-time atrocities in Sri Lanka are taken up by the UN Security Council, the UN General Assembly, and referred to the International Criminal Court in The Hague in a new resolution on Sri Lanka during the upcoming UNHRC session.  Several civil society organisations based in the Northern and Eastern Provinces had also joined as signatories to the letter.  It was indeed interesting to see the Tamil political parties representing the Northern and Eastern Provinces that bear differences in certain political ideologies joining forces to push for action against Sri Lanka by the UNHRC.  “Leaders across the political spectrum in Sri Lanka, including from both the major political parties, have categorically and without exception stated that they will protect the Sri Lankan armed forces from prosecutions. It is now time for member states to acknowledge that there is no scope for a domestic process that can genuinely deal with accountability in Sri Lanka,” the joint letter noted.  The letter demanded that the UNHRC pass a resolution that “must declare that Sri Lanka has failed in its obligations to investigate allegations of violations committed during the armed ethnic conflict and atrocity crimes including genocide, crimes against humanity, and war crimes. In such a context, the resolution must acknowledge that there is no prospect for accountability in Sri Lanka by way of its own domestic mechanisms or through hybrid mechanisms.”  “It is now time for the member states to acknowledge that there is no scope for a domestic process that can genuinely deal with accountability in Sri Lanka. The continuing and intensifying oppression against the Tamils including militarisation, indefinite detention of political prisoners, land grab in the name of archaeological explorations, the denial of traditional, collective land rights like cattle grazing rights, intensifying surveillance of political and civil society activists, the denial of burial rights during Covid-19 to our Muslim brethren, and the denial of the right to memory underscore the urgency of addressing the deteriorating situation.”  It is reliably learnt that the UN Secretary General has received the letter sent by the Tamil parties two days after the missive was dispatched.  A highly placed source observed that the Secretary General had in fact met Sri Lanka’s Permanent Representative to the UN Mission in New York with the contents of the letter.  The Tamil parties along with the civil society groups supporting the cause have now decided to take the campaign to the next level by writing to the UN Security Council as well as the International Criminal Court. 

Setting the tone 

Sri Lanka’s human rights case is being handled this time by the UK as the Head of the Core Group on Sri Lanka.  After sending out the letter to the UNHRC member states, representatives of the Tamil political parties had met with the British High Commissioner in Sri Lanka to further discuss the contents of the letter as well as the required action to be taken to address the island’s human rights issues.  The fact that the UK is keeping a close watch on Sri Lanka’s human rights situation was evident with the recent statements by the UK’s Labour Party Leader.  UK’s Labour Party Leader Keir Starmer recently stated that the current situation in Sri Lanka is of great concern to many of the Tamils.  Starmer said in his Thai Pongal message: “This is also a time for us to reflect on the ongoing struggle for peace and justice in Sri Lanka. The current situation there is of great concern to many of you.”  The British MP had stated that he also would like to express gratitude for the huge contribution the Tamil community has made during the pandemic, “whether on the frontline of the NHS (National Health Service), as keyworkers in our schools and public services, or those supporting their communities in running mutual aid groups. And of course, we remember those who lost their lives over the last year”. “This is also a time for us to reflect on the ongoing struggle for peace and justice in Sri Lanka. The current situation there is of great concern to many of you. “I too am deeply concerned that the Sri Lankan Government has withdrawn from the 2015 UN Human Rights Council Resolution on accountability, justice, and reconciliation.  “The UK must continue to lead and be a strong voice on international accountability. And the Labour Party will continue to work with the Tamil community to call for justice and for human rights,” he had said. The European Union (EU) meanwhile has also expressed its position with regard to Sri Lanka’s rights situation.  The EU office in Sri Lanka had tweeted recently that the EU was saddened by the destruction of the monument at the Jaffna University.  “In view of this and other recent developments, the EU is ready to step up its engagement with Sri Lanka, including through an upcoming high-level meeting, to support inclusiveness, reconciliation, and fair treatment of minorities,” the EU had tweeted. It is also learnt that the EU is now looking at raising concerns with Sri Lanka on human rights and other matters during a joint commission meeting scheduled to be held later this month.  The EU-Sri Lanka joint meeting is to take place virtually due to Covid-19. 

Govt. under pressure  

Apart from gearing for the impending UNHRC sessions in Geneva, the Government, led by President Rajapaksa and Prime Minister Mahinda Rajapaksa, is currently facing growing dissention among the nationalist force in the country over the proposed joint venture with India to develop the ECT.  The nationalist forces that first raised objections to the 20th Amendment to the Constitution last year, afterwards took up the issue of the Government’s move to hold the delayed provincial council elections. However, since of late, the objections have been directed towards the ECT and India’s involvement.  Ven. Magalkande Sudantha Thera, the Secretary of the Sinhala Ravaya Organisation that supported the President’s election campaign, last week charged that the Government that pledged to refrain from allowing the country’s resources to be sold to foreign entities before coming into power, is now contradicting itself.  “What we had paraded around the country on our shoulders has turned out to be an empty mortar shell,” the Thera had said.  Meanwhile, Ven. Elle Gunawansa Thera had said that they will come forward to protect the ECT, just as the Sacred Tooth Relic protects the Dalada Maligawa.  Ven. Medagoda Abayathissa Thera last week claimed that history will identify his name among those who had worked to bring to power a leader who had betrayed the country.  The Thera had observed that the present controversy over the ECT at the Colombo Port would play a decisive role in the country’s future.   He had further noted that it is those who have safeguarded the country who have been identified as national heroes of the country.  Interestingly, it was former Finance Minister Mangala Samaraweera who came out in support of the Sri Lanka-India joint venture on the ECT.  He commended the decision taken by the Government to develop the ECT at the Colombo Port with the involvement of foreign investors.  “As a true patriot, I am happy about attracting foreign investors to develop the ECT,” he said.  He said the political leaders who repeatedly said getting foreign investors involved in local development projects was an act of betrayal are now in a difficult position because of the lies they have told to deceive the public.  He said it is essential to attract foreign investors to develop the country.  “There’s no need to recall the revolution that took place in the country due to the investment of the world’s largest communications technology company to transform Sri Lanka Telecom from a department into a company.  “SriLankan Airlines, which has been running at a loss since its inception, made profits only after it was partnered with foreign investors.  “I am confident that this new investment will bring prosperity to the Sri Lanka Ports Authority.  “A country like Sri Lanka can only be developed and even jobs can be generated for the youths by attracting more foreign investors.  “Only a handful of people think that attracting foreign investors is an act of betrayal.  “Today, even the socialist countries such as Vietnam and Cambodia understand the importance of foreign investors in developing a country and offer massive concessions to foreign investors,” he said. 

Opposition in disarray

The United National Party (UNP) is set to endure another split, as 26-year long Party Leader Ranil Wickremesinghe reneged on his most recent promise of handing over the party leadership to Deputy Leader Ruwan Wijewardene, which he promised to do by January 2021.   Instead, the UNP Leader again reshuffled existing positions in a game of musical chairs, replacing Ravi Karunanayake with Akila Viraj Kariyawasam as Assistant Leader, and Palitha Range Bandara taking Kariyawasam’s role as General Secretary. Vajira Abeywardena was elevated to Party Secretary and lawyer A.S.M. Misbah was made UNP Chairman.  D.M. Swaminathan and Arjuna Ranatunga were appointed Senior Vice Chairmen and Sagala Ratnayaka, Daya Gamage, and Sunethra Ranasinghe were made Vice Chairs, among a host of other appointments largely doled out to party members on the condition that they support Wickremesinghe’s entrenchment as UNP Leader. 

Those who lobbied for real reforms and Wickremesinghe’s removal, such as Navin Dissanayake and Ravi Karunanayake, were sidelined, while Deputy Leader Ruwan Wijewardene, who was promised the party leadership, was left out of the process of appointing the new office bearers, erasing any doubt that his position in the party was less than meaningless in practice.

The SJB, which has adopted an “I told you so” attitude towards the UNP dissidents while extending an invitation for them to join their ranks, has its own issues.  Opposition Leader Sajith Premadasa has shown little interest in building up a strong grassroots movement to take the Government on, and instead appears focused on building up his personal brand without risking the ire of the regime.  The party is facing its own divisions, with Patali Champika Ranawaka receiving support from several MPs and senior party figures as a viable alternative to Premadasa. MPs who support Ranawaka point out that the Government is clearly frightened of him and his advancement, whereas in contrast, the SLPP seems extremely comfortable with and supportive of Premadasa.

Several Ranawaka supporters like Shiral Lakthilaka and Maithri Gunaratne were once arrested by the Rajapaksa regime for their efforts to help Premadasa take over the UNP leadership from Wickremesinghe. There are echoes of the same dynamic taking foot once again.  

Be that as it may, as long as the various factions in the Opposition continue their bickering and infighting, it is the Government that benefits from a free hand. While there were differences within the SLPP or “Joint Opposition” block from 2015 to 2019, they were handled so discreetly that they barely ever garnered an inch of newsprint. The party kept a united front with the objective of dislodging the Yahapalana regime.   The difference is that this group had strong leadership from the Mahinda and Gotabaya Rajapaksa duo, whereas today’s Opposition is divided into pockets, each with weak leaders fighting amongst themselves.