{"id":79496,"date":"2022-09-12T00:54:32","date_gmt":"2022-09-12T04:54:32","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=79496"},"modified":"2022-09-12T23:20:32","modified_gmt":"2022-09-13T03:20:32","slug":"outgoing-un-human-rights-high-commissioner-michele-bachelets-up-to-date-report-on-sri-lanka-presented-to-the-human-rights-council-on-sri-lanka-concludes-that-the-current-administration","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=79496","title":{"rendered":"Outgoing UN Human Rights High Commissioner Michele Bachelet\u2019s Up to date Report on Sri Lanka presented to the Human Rights Council on Sri Lanka concludes that the current administration \u201cappear[s] to reflect a continuity with the past.\u201d"},"content":{"rendered":"


\nBy
\nSanja De Silva Jayatilleka<\/strong><\/p>\n

The Sunday papers in Colombo gave a heads-up on the new resolution (currently at the stage of the \u2018Zero Draft\u2019) on Sri Lanka reportedly being negotiated at the United Nations Human Rights Council in Geneva, revealing that \u201cthe Zero Draft resolution seeks to recommend action against political leaders and state officials responsible for economic crimes that have adversely impacted on human rights in Sri Lanka.\u201d<\/p>\n

The news reports indicate that \u201c\u2026The names of ex-President Gotabaya Rajapaksa and his brother, former Finance Minister, Basil Rajapaksa, have figured in these consultations\u2026reference is to be made to then President Mahinda Rajapaksa\u2026\u201d <\/p>\n

Evidently, two of the Rajapaksa brothers, former President Gotabaya and former Finance Minister Basil have come up in discussions in relation to economic crimes, while the third, former President Mahinda, President during the last stages of Sri Lanka\u2019s war against the Tigers, is to be mentioned \u201cfor not fulfilling \u2018assurances\u2019 given to Ban Ki-moon, then UN Secretary General, during his visit to Sri Lanka on May 26, 2009\u201d. This covers between them, transgressions of pretty much most of the social, economic, civil and political rights guaranteed under the Universal Declaration. <\/p>\n

President Ranil Wickremesinghe needn\u2019t feel left out because he will find that his own recent \u2018see-if-I-care\u2019 violations of the rights of protesters, more in-your-face than any since the war, hardly went unnoticed by the OHCHR fact-finding mission recently in Colombo, which included them in the Human Rights High Commissioner\u2019s Report. <\/p>\n

Together, these personalities comprise the larger part of the top rank of the ruling elite in Sri Lanka over the last decades. No one should be surprised that Sri Lanka is in unprecedentedly deep crisis. <\/p>\n

<\/p>\n

Early elections<\/strong><\/p>\n

Twice elected president of Chile, UN Human Rights High Commissioner Michele Bachelet recently completed her tenure and has left office, but not before she did right by Sri Lanka and ensured that her report presented to the Human Rights Council on Sri Lanka was comprehensive and up-to-date. <\/p>\n

She concludes that the current administration \u201cappear[s] to reflect a continuity with the past.\u201d <\/p>\n

Actually, it has been getting progressively worse and her report acknowledges it: \u201cFollowing the installation of the new administration, there has been a notable hardening of approach, with increasing public rhetoric characterising the protesters as violent extremists.\u201d <\/p>\n

It is probably in this context that her report includes an unambiguous reference to and tacit endorsement of calls for an early election: \u201cThere remains a significant deficit in confidence and trust between the Government, protest movement and broader civil society and calls have continued for early elections for a renewed democratic mandate.\u201d<\/p>\n

In addition to introducing the new category of \u201ceconomic crimes\u201d perpetrated against the people, the Report of the outgoing High Commissioner itemises the recent spate of state violence against the protesters impacted by those economic crimes, in some detail: <\/p>\n

\u201cOn 31 March 2022, police dispersed protesters\u2026injuring 50 people and arresting over 20; some were allegedly ill-treated including by men in civilian clothing reportedly belonging to presidential security. <\/p>\n

On 19 April 2022, police opened fire at a spontaneous protest in Rambukkana \u2026 One person was killed by live ammunition and 24 others were injured. An investigation by the HRCSL found that police had used excessive use of force. <\/p>\n

On 9 May 2022, widespread violence erupted after supporters of then Prime Minister Mahinda Rajapaksa attacked peaceful protestors in Colombo\u2026and destroyed their makeshift tents. <\/p>\n

Instances of beatings and use of live ammunitions by police or military have been captured and circulated on social media. <\/p>\n

On 18 June 2022, the military confronted protestors at a fuel station in Mullaitivu \u2026 Two people were injured by the soldiers who allegedly also opened fire into the air.<\/p>\n

On 3 July 2022, a video of an army officer assaulting a civilian in a fuel station in Kurunegala was widely circulated on social media. A similar incident involving a police officer assaulting a motorist and handling a handgun irresponsibly occurred on 17 June also in Kurunegala. On 13 July 2022, a protestor died after police fired tear gas. <\/p>\n

On 22 July 2022, security personnel, including police and military, stormed at a protest camp near the presidential offices in Colombo, injuring at least 48 people; nine others were arrested. The evacuation and medical treatment of injured protestors was obstructed. Since then, a number of leaders and members of the protest movement and trade unions have been arrested, some in an irregular manner by plain-clothes personnel using unmarked vehicles.<\/p>\n

Excessive force was most recently used in breaking up a peaceful student protest in Colombo on 18 August 2022 with 20 arrests.\u201d<\/p>\n

This clearly tells a less than savoury story about the new administration to the entire world, including to the people of Sri Lanka.<\/p>\n

Economic crimes, international accountability<\/strong><\/p>\n

Referring to economic crimes, the Report says, \u201cThe High Commissioner hopes that the new administration will respond to the popular demand for accountability for economic crimes, including corruption, and abuse of power with a renewed commitment to end impunity.\u201d<\/p>\n

The Office of the High Commissioner for Human Rights (OHCHR) is also developing \u201cpossible strategies for future accountability processes at international level\u201d. They have talked to victims and civil society organisations and national authorities. It has declared that it \u201csupports judicial and non-judicial proceedings with competent jurisdictions through the sharing of relevant information \u2026\u201d<\/p>\n

It has evidently got requests to provide evidence against 8 named individuals with a \u201cnumber of alleged violations\u201d.<\/p>\n

It is interesting to note that a couple of foreign missions in Colombo felt they couldn\u2019t leave anything to chance and decided to head over to Geneva themselves. It is reported that UK High Commissioner in Sri Lanka \u201cwas in Geneva this week helping to promote the resolution\u201d. The Chief Political\/Economic Officer of the US Embassy in Colombo is to join \u201ca delegation from the US State Department\u2019s Global Criminal Justice Division\u201d apparently to assist with \u201cthe same task\u201d. The Resolution on Sri Lanka is being taken very seriously indeed. <\/p>\n

It is reported that the focus of these teams in Geneva is \u201cto help provide legal and other guidelines to countries that want to exercise universal jurisdiction permissible under their laws and try those against whom there is \u2018credible\u2019 evidence for a period of two years (September 2022 to September 2024)\u201d.<\/p>\n

The Sunday paper quotes diplomats in Geneva disclosing that \u201cseven countries had agreed to enforce provisions of universal jurisdiction under their laws to deal with matters relating to Sri Lanka\u201d. So that\u2019s seven countries which could initiate proceedings in their own territories against human rights violators in Sri Lanka.<\/p>\n

Sri Lankan Govt. responds <\/strong><\/p>\n

The Government of Sri Lanka (GoSL) has responded to the High Commissioner\u2019s Report in writing, insisting at length that this reply be given equal prominence to that of the Report. GoSL may regret this given some of its content. <\/p>\n

While rejecting the earlier resolution on war crimes investigations (46\/1) and the new mechanism in Geneva called the Sri Lanka Accountability Project, the Government has denied all allegations of recent violations in the context of protests:<\/p>\n

\u201cThe Government\u2019s response to the current political and social challenges has been firmly within a democratic, constitutional framework, respecting the civil and political rights of the people, including their right to peaceful assembly and protest.\u201d <\/p>\n

Seriously? There was no fog of war, and cameras were everywhere. <\/p>\n

There is more on the subject:<\/p>\n

\u201cThose arrested were produced in courts within 24 hours, and a majority were granted bail.\u201d<\/p>\n

\u201c\u2026the dispersal of the protestors illegally occupying the Presidential Secretariat and obstructing its entrance, was carried out in accordance with the Criminal Procedure Code.\u201d <\/p>\n

\u201c\u2026law enforcement authorities have been instructed to follow due process in the conduct of investigations under the PTA and to use this legislation only in instances of extreme necessity.\u201d <\/p>\n

\u201c\u2026when some protestors burned down the private residence of the President (the then Prime Minister) on 9th July 2022, no excessive force was used beyond the maintenance of public order and security.\u201d<\/p>\n

\u201c\u2026no excessive nor disproportionate force was used when protestors tried to forcibly enter the Parliament on 13th July 2022 when the Party Leaders were meeting.\u201d <\/p>\n

Replying to the High Commissioner\u2019s reference to the 2019 Easter Sunday attacks, the GoSL reminds the Council that despite the \u201cextensive investigations\u201d, since the perpetrators were suicide bombers, they have been unable to \u201cidentify their wider connections\u201d. <\/p>\n

They also submit that the new President\u2019s policy as outlined in Parliament is to \u201cachieve a more just, fair, inclusive and sustainable society where all Sri Lankans can live longer, healthier and more dignified lives, including human rights and reconciliation.\u201d <\/p>\n

In Geneva, the Government will need to show more than just good intentions, which are not patently contradicted by actual practice. <\/p>\n

The High Commissioner doesn\u2019t mince her words in her suggestion to the GoSL: \u201cThe new Government should immediately reverse the drift towards militarization, end the reliance on draconian security laws and crackdowns on peaceful protest\u201d.<\/p>\n


\nHigh Commissioner\u2019s recommendations<\/strong><\/p>\n

The most important segment of the High Commissioner\u2019s report is the final section with its recommendations, addressed to the Council. The first one addresses the urgent need to ensure social protection for the most vulnerable groups at this time of economic crisis. <\/p>\n

Immediately afterwards, it deals with the related issue of \u201cinternational finance assistance\u201d (read IMF) and recommends that the Government should \u201cassess any potential human rights impact of international financial assistance programmes and take preventive measures to reduce it to the bare minimum\u201d.<\/p>\n

In this context, it is just as well that the Governor of the Central Bank has declared that he has no objections to revealing the contents of the IMF agreement which had it been kept a closely guarded secret, couldn\u2019t have been assessed for its human rights impact.<\/p>\n

It\u2019s now down to the President to prove that he meant what he said about a dignified, sustainable and long life, etc., for the citizens by sharing the relevant contents of the IMF agreement in Parliament. No one can be convinced that he should be the sole arbiter in the evaluation that the UN Human Rights High Commissioner recommends.<\/p>\n

The President\u2019s current legislation of choice in the arrests of protestors, the infamous PTA, also comes in for criticism. The High Commissioner recommends to the Council that Sri Lanka should \u201cObserve a strict moratorium on the use of PTA and expedite the release of detainees and long-term prisoners under the PTA.\u201d <\/p>\n

In a robust set of recommendations on \u201ceconomic crimes\u201d, the Report assures its support for Sri Lanka \u201cin the investigation of economic crimes that impact on human rights and the tracing and recovery of stolen assets\u201d which will be music to the ears of the people of Sri Lanka who have suffered corruption too long in silence. <\/p>\n

It includes monitoring of the \u201csteps to address\u201d economic crimes in the \u201cenhanced monitoring and report regularly to the Council on the human rights situation in Sri Lanka\u201d and also encourages \u201crelevant thematic special procedures to examine and make recommendations on human rights dimensions of the economic crisis\u201d. <\/p>\n

Thematic Special Procedures include the Independent Expert on the effects of foreign debt and other related international financial obligations, and the Working Group on the issue of human rights and transnational corporations and other business enterprises, among many others such as the expert on Right to Food (who may have much to say about the fertiliser ban), Freedom of Opinion and Expression, Freedom of Assembly, Arbitrary Arrests to name a few that come to mind.<\/p>\n

Sri Lanka\u2019s new Foreign Minister, in Geneva to present the administration\u2019s case, will have little success if the written response of the GoSL forms the basis of his submission, in the face of the evidence gathered by the OHCHR in its monitoring function. <\/p>\n

The High Commissioner assures that her office is \u201cready to provide technical assistance\u201d to implement the Report\u2019s recommendations \u201cthrough the strengthening of its country presence\u201d in support of the people of Sri Lanka. <\/p>\n

It will be of great value if the Human Rights Commission of Sri Lanka could work closely with a strengthened UN country presence qualitatively enhancing the capacity of the Commission to carry out its work, including perhaps the development of a joint program of Human Rights training and monitoring, including for politicians at all levels of governance, bureaucrats and law enforcement authorities. <\/p>\n

Courtesy:Daily FT<\/em><\/p>\n

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By Sanja De Silva Jayatilleka The Sunday papers in Colombo gave a heads-up on the new resolution (currently at the stage of the \u2018Zero Draft\u2019) on Sri Lanka reportedly being negotiated at the United Nations Human Rights Council in Geneva, revealing that \u201cthe Zero Draft resolution seeks to recommend action against political leaders and state …<\/p>\n

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