US/UNHRC Resolution On Sri Lanka: Full Text (Plus Snarky Comments)
Anti-resolution protestors. Photo by Geeshan Bandara.
This is the full text of the Resolution the US introduced at the UNHRC. It just passed. I have kinda shrugged it off, but it really is kinda bullshit. Please have a read. I have included my comments in the margins. My source for the text is
The Resolution
Draft Resolution: Promoting Reconciliation and Accountability in Sri Lanka (March 21, 2012)
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant instruments,
Recalling Council resolutions 5/1 and 5/2 on institution building of the Human Rights Council,
Reaffirming that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law, as applicable,
Here you have to wonder at the gall of the United States of all nations to criticize the logic they introduced in the War On Terror, ie, whatever works or, in their case, whatever doesn’t work.
Taking note of the report of the Lessons Learnt and Reconciliation Commission of Sri Lanka and its findings and recommendations, and acknowledging its possible contribution to the process of national reconciliation in Sri Lanka,
Note the noting. Not welcoming. The idea is that the LLRC report is whitewash, which I also thought, until I read it (highlights at least). It’s actually quite helpful.
Welcoming the constructive recommendations contained in the Commission’s report, including the need to credibly investigate widespread allegations of extra-judicial killings and enforced disappearances, demilitarize the north of Sri Lanka, implement impartial land dispute resolution mechanisms, re-evaluate detention policies, strengthen formerly
independent civil institutions, reach a political settlement on the devolution of power to the provinces, promote and protect the right of freedom of expression for all and enact rule of law reforms,
This is the part I don’t like so much. This is essentially saying, ‘noting the parts that confirm our existing bias of Sri Lanka as a basket case, and ignoring the rest’. This is also going a bit out of the orbit of a Human Rights body, proscribing pretty broad changes to the government which – however well meaning – have to be resolved through our democracy, not diktat. Not that I would entirely object to having them resolved by a foreign resolution if that were possible, but the end effect tends to be to weaken local voices by making them smell foreign, and impotent.
Noting with concern that the report does not adequately address serious allegations of violations of international law,
Essentially, noting that Mahinda and Gota did not convict themselves and report to the Hague.
1. Calls upon the Government of Sri Lanka to implement the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission and to take all necessary additional steps to fulfill its relevant legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans;
Well, OK. Shouldn’t every country do this, at least the latter part?
2. Requests the Government of Sri Lanka to present, as expeditiously as possible, a comprehensive action plan detailing the steps that the Government has taken and will take to implement the recommendations made in the Commission’s report, and also to address alleged violations of international law;
I don’t like this and I’m surprised any country did. It’s asking a sovereign nation to report back to the UN.
3. Encourages the Office of the United Nations High Commissioner for Human Rights and relevant special procedures mandate holders to provide, in consultation with, and with the concurrence of, the Government of Sri Lanka, advice and technical assistance on implementing the above-mentioned steps; and requests the Office of the High Commissioner to present a report on the provision of such assistance to the Human Rights Council at its twenty-second session.
Or face even more drawn out bureaucratic bullshit.
The Effect
The Rajapaksa government played this retarded, but they also WON THE WAR. The underlying logic of this resolution is the continuing logic of the anti-war forces (of which I was one), namely that the war was a bad idea and that the Rajapaksa are murderous assholes. My main objection to the war was that I thought it was a waste because we couldn’t win. When we did win, I kinda accepted that I was wrong there. The logic here (in the UNHRC) and in too many places seems to be that the war was bad because Sri Lanka shouldn’t win. The effect of negotiating or fighting demurely with the LTTE would have been the continuation of the LTTE, which Prabhakaran literally continued until all his human shields escaped and he died.
In many ways, this type of resolution is a continuation of Prabhakaran’s terrorism, what I call Prabhakaran’s Play – using Tamil people as a human shield to reflect blame on the government of Sri Lanka and get international support to weaken them, and preserve his hide. It’s working, just years too late for the hide preservation.
Same Bullshit
I’m honestly really unhappy with this resolution. It’s become a political football and it revives the old divide that was starting to fade. For reconciliation to happen there has to be honesty, and that requires amnesty. And that includes amnesty for the Rajapaksas and errant soldiers and LTTErs and whoever did wrong during the war. That has to happen, but there are hostile elements abroad (and a few here) who still want their pound of flesh. They still cannot forgive the Rajapaksa for winning the war and proving them wrong. But I can, because I live here and I just want to live.
We have to stop threatening each other with investigations and blame. That’s not a foundation for reconciliation, it’s just a foundation for recrimination. A TNA MP Sumanthiran was talking about South Africa, how they offered amnesty so tortures and killers (from the police to Winnie Mandela) came out and actually talked. So families could know, and forgive and move on. This ‘Accountability’ dog whistle is the opposite of that. It’s so people that hated the Rajapaksas or supported the LTTE can move back, and punish them for finishing the war years ago.
Real reconciliation doesn’t come from the UNHRC, or even the government. There is no punishment that leads to positivity. There is no one you can put in jail to make our problems go away. Reconciliation has to come from the people of Sri Lanka, and it is coming. I’ve been highlighting these stories and efforts and will do some more. I hope that you and yours can also participate. Join Sri Lanka Unites, travel, talk to your neighbors, marry outside your race, whatever.
Horse races aside, reconciliation is happening, and must happen. Sri Lanka is doing it but this ritual re-enactment of war divisions doesn’t help. If the government could stop acting like a bull and if international ignorants could stop waving red flags in front of the bull there would be a whole lot less bullshit in my life. Just saying.
Further Reading: I honestly can’t find anything on the UNHRC website, so don’t even know if the Draft Resolution I’ve cited is the final. UPDATE: it wasn’t, updated to a State Department source, thank you Scribina. I did find this text describing how the voting went and what people said. Cuba this, China that, America that. It’s kind of like World Cup Soccer, except not as interesting.
Posted on Thursday, March 22nd, 2012 in International, Reconciliation, Sri Lanka.
Mohsin Hamid, author of How To Get Filthy Rich In Rising Asia, has a nice 
I’m happy to be featured in Echelon magazine’s 40 Under 40 feature, profiling young people who contribute to the economy in some way, mainly in business but also in terms of innovation and thought leadership. It’s an interesting article not just in that I’m in it (mainly for work on indi.ca and 
I won’t add too much commentary, but just read I guess. The youngest Rajapaksa, Rohitha (Chi Chi) has given an amazing interview to the 
In 2009 this strange character appeared on the Sri Lankan Internet scene, getting angry, flaming, trolling whatever. Then he started naming anonymous bloggers, posting comments as people’s kids, nasty stuff, for which I removed him from 
Fuck India… Seriously, fuck them at every opportunity we get. Stop using Airtel, and buying their shitty products, kick them out of Hambanthota embassy, don’t give em’ any land. Tell them to fuck right off. And take seriously my fanatical idea about destabilising India.
Um. No. India is still family. Sometimes my family tells me stuff I don’t want to hear or that I don’t agree with, but they’re still family.
I love India and Sri Lanka has a longstanding friendship with our neighbor to the north.
I think it was watered down, something to the effect of the HR High Commissioner needing the concurrence of the GoSL to do all her ‘advising’.
Actually see here:
‘And a key amendment that was made to the final paragraph in order to get India on vote in favour of the resolution directs the UN Office of the High Commissioner for Human Rights (OHCHR) to act “in consultation with, and with the concurrence of, the Government of Sri Lanka” in implementing the resolution.’
http://www.firstpost.com/world/unhrc-vote-could-rouse-sinhala-rage-and-weaken-indias-hand-252945.html
This is pretty significant, and it was apparently demanded by India.
So let’s take it down a notch shall we, Hibuddy? If there’s one thing we should have learnt is that dicking around with India, and expecting someone else to come riding to the rescue when the shit hits the fan, is just not a very good idea.
[...] sector peeps in the streets. Photo by Geeshan Bandara Seriously, just read it. It does not proscribe a war crimes investigation or sanctions, it just gives the government a [...]
You logic is very similar to Rape Victim (Entire Tamils in Sri Lanka) to marry the rapist (Sri Lankan War Criminals) because that is our custom.
Wake up! We are talking about 40,000 people. That is 10% of entire tamil population got killed.
We’re really not talking about 40,000. Eelam War IV was far less than that, even by UN figures. There were thousands killed on all sides. We have to mourn, forgive and live together.
“mourn, forgive and live together” – very apt.
Will it ever happen?
India was forced to do the right thing. It would have shamed me if they voted against the resolution.
From Wikileaks cables, we know that Indian side is mighty pissed that SL went back on its political commitments to India.
Winner takes all.
In which case the winner is not really a permanent winner.
[...] US Resolution bulldust has stirred up a lot of a lot of anger and hatred. Here’s a list of people that are getting [...]
This is my summary of how and what had led to the present situation that white neo colonialists and their lackeys called Human Rights violations in Sri Lanka:
Never mind it’s a non binding resolution. What matters is, running with the hare, Indians have killed it with the hounds and no point they are trying to console Sri Lanka afterwards. For one thing, Indians have lost their clout in Sri Lanka for good. They’ve lost their true friend and the only true relation.
I say, India may have forgotten but we remember very well that it is Tamils who tried to divide India long before Jinnah and are still lurking in the shade for an opportunity to get the job done. Pity, India does not know that it has put a snake in its pocket.
India may have forgotten but we cannot forget that it is India that had raised a few rag tag Tamil thugs to be a world class terrorist organisation thirty years back. India may have forgotten but we cannot forget that it is India that had invaded our air space and dropped lentils to bring fear upon President JRJ and saved their terrorist Pira-pakaran as a part of their dirty game. India may have forgotten but we cannot forget that it is India that saved would be killers of their own Prime Minister Rajiv, and our President Premadasa, opposition leader Amirthalingam and tens thousands of innocent civilians. India may have forgotten but we cannot forget that it is India that had rammed India-Sri Lanka agreement and thereby the white elephant 13A down our throat that had wasted billions of rupees. India may have forgotten but we cannot forget that it is India that brought all these problems upon us to keep Sri Lanka as their vassal state.
Though Pira-pakaran had blasted India’s ex-PM Rajiv to pieces, mighty as they portray though, India couldn’t touch even the ass of that murderer. We Sri Lankans had to kill the killers for them. And this is how they pay back; ungrateful bastards. I propose we send them a ship load of cesspits for they have no toilets in Tamil Nadu.
Leela
Leela, come on. Calm down and grow up. Nothing good can come of this.
Is it just me or are all Sri Lankans hot-headed, racist, and intolerant people? I can just say that in no way is this a support for terrorism and condemning countries for overcoming terrorism. The LTTE are long gone and the members have actually claimed defeat, F.Y.I. This is about bringing war criminals to justice and providing an impartial contribution to reconciliation in a country. I would say this whole blog is against impartiality in its essence, as their are some people who are bringing up racist views and prejudice into the contexts of their opinions. One thing for sure is you can’t expect a criminal to be in charge of his own punishment. That’s why there is such a thing as judicial branches of the law that impose impartial judgements on the defendent in question. I don’t see how this will disrupt any peace in that country–considering there was none and even now.
“Is it just me or are all Sri Lankans hot-headed, racist, and intolerant people?”
It’s just you.
It’s just you.
Yeah, I concur. It’s just you
[...] Silva after being thrashed by Rupavahini staff in 2007 I recently wrote that, despite an unfair UN resolution, we should not be asses to each other. Enter Mervyn Silva. He has now threatened to break the limbs [...]
I think most Sinhalese people here believe that the world is condemning Sri Lanka’s efforts for vanquishing terrorism, which is actually not the point of any of the indictments the country has received. The point is the fact that there has been an accumulation of reports, videos, and testimonies from numerous citizens of many countries who trace Tamil decent, who have come to those countries for asylum. Based on cases during their naturalization into the countries, they register as refugees obviously due to the events of conflict between the government of Sri Lanka and the LTTE and the non-existent security they’re faced with. Most Tamil people, if anyone is not aware of this, are in danger of government interment due to the fact that all Tamil people are faced with accusations of having ties with terrorism, with no apparent evidence of their involvement, but are driven by the government’s lack of sympathy and discrimination for Tamil people. The internment of these people compromises of assault, rape and torture. Most people here believe that the international community of the U.N. and as well as other countries are breaking apart a future of “reconciliation” and growth. It’s been three years and nothing has really been accomplished apart from various speeches and campaigns created by the government to promise certain things but did not deliver. Its ongoing institutional suppression upheld with by misleading conditions and propositions by the government of “everything’s under control” and it’s “beyond the control of outer bodies to interfere with the internal affairs of a country”. I want to say that most Sri Lankans that are pro-government at this moment really are kind of blindly following their government’s claims and promises. The Tamil problem has been going on for more than 50 years and there have been many sides and opinions for so long. I also want to say at this point it’s not about the LTTE and supporting them and listening to every word they say–I think it was never about them actually. The LTTE is obviously not endorsed by every Tamilian and never was. Nobody supported the terrorist acts they committed and nobody asked to join in and start shooting up civilians and planting bombs all over the place. It’s foolish and quite ignorant to believe that Tamil people are supporting the LTTE when talking about rights and oppression. The official languages of Sri Lanka is Sinhalese and Tamil, but Sinhalese is not taught in schools in mostly Tamil places like Jaffna as a mandatory to live in a country that operates in that language. This type of indirect oppression leads to Tamils being secluded. As well how many Sinhalese people actually know how to speak Tamil or even understand the culture of those people? This disparity and continuous following of the flawed system will get nothing done in terms of “reconciliation”, with property and land of Tamils yet to be relinquished by the government and systemic displacement of Tamil households in culturally indigenous parts of the island. Sri Lanka has been avoiding requests and questions from the U.N. council on the allegations and surveys to remedy that Sri Lanka in fact was purported to have done such things. The United States, also purported to have done war crimes and atrocities are not better but with coming up with an impartial way to begin reconciliation at the least. It’s unfortunate nobody could have condemned the States but the only difference is that the issue hadn’t been formally acknowledged let alone investigated by any countries like Sri Lanka. I personally believe that this is the only way to begin true reconciliation, as it’s extremely corrupt to let the alleged perpetrator to investigate their own crimes against humanity. It isn’t realized just now that the government was responsible for deaths of civilians, throughout the period of war; the government have blown up public places in general during conflict descending to the professionalism of a terrorist group. I really don’t know why it’s going to disturb any peace as technically there was never proper reconciliation in the first place.
Sri Lanka gets US concession on Iran oil imports: report
http://lbo.lk/fullstory.php?nid=2006890066
Good news, but for how long? This latest “concession” only makes me feel more like a marionette.
This concession is for one year only. but by one year iran & the US would have come to some sort of agreement.
[...] Indrajit Samarajiva analyzed the draft resolution and commented: The logic here (in the UNHRC) and in too many places seems to be that the war was bad because Sri Lanka shouldn’t win. The effect of negotiating or fighting demurely with the LTTE would have been the continuation of the LTTE, which Prabhakaran literally continued until all his human shields escaped and he died. [...]
[...] Indrajit Samarajiva analyzed the draft resolution and commented: The logic here (in the UNHRC) and in too many places seems to be that the war was bad because Sri Lanka shouldn’t win. The effect of negotiating or fighting demurely with the LTTE would have been the continuation of the LTTE, which Prabhakaran literally continued until all his human shields escaped and he died. [...]
[...] Indrajit Samarajiva przeanalizowa? szkic uchwa?y i skomentowa? go w nast?puj?cy spos?b: Logika tutaj (w UNHRC) oraz w zbyt wielu miejscach wydaje si? by? podyktowana przekonaniem, ?e wojna by?a z?a poniewa? Sri Lanka nie powinna by?a wygra?. Efektem negocjacji lub organiczonej walki z LTTE by?aby kontynuacja LTTE, kt?rej istnienie Prabhakaran kontynuowa? dop?ki dos?ownie wszytkie jego ludzkie tarcze nie uciek?y lub zmar?y. [...]
[...] Indrajit Samarajiva analyseerde de conceptresolutie en gaf haar mening: Hier (in de VN-Mensenrechtenraad) en op teveel andere plaatsen lijkt de redenering te zijn dat de oorlog verkeerd was omdat Sri Lanka niet zou moeten winnen. Het resultaat van onderhandelingen of slepende gevechten met de Tamil Tijgers zou hebben betekend dat de Tijgers bleven voortbestaan en dit was wat Prabhakaran heeft volgehouden totdat werkelijk al zijn menselijke schilden waren ontsnapt en hij doodging. [...]
Hola! I’ve been reading your site for some time now and finally got the courage to go ahead and give you a shout out from Porter Tx! Just wanted to say keep up the great work!
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