Colonel R Hariharan
Limelight again on Sri Lanka in UNHRC session
Sri Lanka is once again under of stress as the 34th session of the UN Human Rights Council
(HRC) commencing in Geneva in March 2017 when the Human Rights Commissioner
will present his report on Sri Lanka’s follow up actions to meet the
requirements of the UNHRC resolution of October 2015. Sri Lanka had
agreed to fulfilwithin two
years the requirements of accountability on alleged war crimes and human rights
abuses, creating institutions for transitional justice and carryout security
sector reforms. Sri Lanka is expected to seek extension of time as
it has not been able to complete action on some of the key requirements, it.
Though the TNA leader P Sampanthan had expressed his unhappiness with the
government performance on the subject in parliament, are unlikely to oppose the
government move.
Pro-LTTE sections of the Tamil Diaspora have been trying to raise
international support to oppose giving any extension of time to Sri Lanka at
the UNHRC. However, this demand is unlikely to find much traction
among international civil society organizations. The Human Rights Watch (HRW),
which had been highly critical of Sri Lanka’s human rights record during
President Rajapaksa’s rule, has commended the Sirisena-Wickremesinghe
government for the actions it had taken including ending the culture of
surveillance, lifting media restrictions and reviewing all cases of those
detained under the Prevention of Terrorism Act (PTA) and amending the
constitution to ensure free functioning of national institutions.
However, HRW Asia Director Brad Adams in a statement has highlighted Sri
Lanka’s failure in security sector reforms as required by the October 2015
resolution. He has drawn attention to a recent report of the UN Special
Rapporteur on torture and inhuman treatment which had brought the focus on Sri
Lanka’s ongoing “culture of torture” and failure to abolish the draconian
PTA , though the country’s war with LTTE ended in 2009. He said police
have continued to arrest and detain people arbitrarily. In his view, Sri Lanka
leaders appeared “to be backtracking on key human rights issues including
reforming the police” and it was crucial the HRC considered “closely” whether
Sri Lanka made progress in commitments on transitional justice including
security reforms. The UN body will also be considering the report of the
Special Rapporteur on minority issues on Sri Lanka.
As the HRW Asia director has pointed out, Sri Lanka had been dragging
its feet on core issues of accountability like the creation of various
institutions for transitional justice, particularly, the mechanism for war
crimes which has been hanging fire over the issue of participation of foreign
judges. The legislation on the creation of the Office of Missing Persons was
passed in August 2016 but it is yet to fulfil its obligations to those
affected. Nothing substantial has happened on a truth commission and reparations
issues. President Maithripala Sirisena has been cautious in handling the touchy
aspects of war crimes issue to fend off former president Rajapaksa who
continues to whip up rightwing Sinhala sentiments to help his political
comeback. As a result, in spite of its professed good intent, the
government has made only slow progress. These issues are likely to figure at
the UNHRC session during the discussion on the Human Rights Commissioner’s
report.
Sri Lanka foreign affairs minister Mangala Samaraweera in his address to
the UNHRC session is likely to explain the reconciliation efforts undertaken by
the government so far and appeal for more time to fulfil its commitments made
to the Council in 2015. Sri Lanka’s request is likely to be
favourably considered as the UN Secretary General Antonion Gutteras and the
U.S., China, Japan, Australia etc have appreciated Sri Lanka’s reconciliation
efforts. Even the UK, unlike in the past when it had been critical of Sri
Lanka’s reconciliation efforts, is likely to support Sri Lanka after
highlighting the unfulfilled commitments.
India’s preoccupation with Sri Lanka under the new dispensation now
relates to bonding with the island neighbour on two vital aspects – finalising
the economic and technology cooperation agreement (ETCA) still in limbo and
firming up closer defence and security cooperation. China had been laying siege
on Indian space in Sri Lanka on both the issues. So India’s interest in
Sri Lanka Tamils probably relates to rehabilitation efforts and devolution and
equity for Tamils in the new constitution being finalized. With the
constitutional polemics figuring prominently, it is not surprising the issue
came up when Indian foreign secretary S Jaishankar met with the TNA leaders. He
is reported to have told them he would take up the issue with the President and
Prime Minister. However, it was probably a moment of truth for a section
of the TNA agitating for the merger of the Northern and Eastern
provinces when he told them that India would not press Sri Lanka on the issue.
He advised them to use the opportunities offered with the change of regime to
secure the rights of Tamils. Given this backdrop, India is likely to support
Sri Lanka’s request for extension of time as the major Tamil Nadu regional
parties with their internal preoccupations have been muted on the
subject.
Follow up on LTTE plot to
kill Tamil MP
The arrest of five rehabilitated former LTTE cadres reported in January
2017 for allegedly
plotting to assassinate MA Sumanthiran, moderate Tamil National Alliance (TNA)
Member of Parliament, and recovery of claymore mines and ganja from their homes
had triggered a lot of speculations about possible revival of the Tamil tigers’
activity in the island nation. However, police have preferred to charge
them only for possession of narcotics (ganja) and explosives and not under the
PTA , when they were produced in the court.
There are three possible explanations for this: lack of clinching
evidence except for uncorroborated or shaky confessional statement; the
government not wanting to apply the PTA particularly as the UNHRC scheduled to
meet in Geneva in March 2017; or as columnist DBS Jeyaraj states the government
was not wanting to apply the PTA till it is revised to be less draconian (as
required by the 2005 resolution.) Probably, all the three reasons are valid.
However, till the LTTE overseas elements holed up among Tamil Diaspora
community continue to stoke the embers of LTTE’s Eelam struggle in Sri Lanka,
the government has no other option but to keep a wary eye on any suspicious
separatist activity.
Written on February 28, 2017
Col R Hariharan, a retired MI officer, served as the head of Intelligence of the Indian Peace Keeping Force from 1987 to 90. He is associated with the Chennai Centre for China Studies. E-mail: haridirect@gmail.com Blog: http://col.hariharan.info
No comments:
Post a Comment