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TNA says Bachelet report on Sri Lanka does not exceed mandate, urges member states to pass resolution 46/1

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ECONOMYNEXT – UN Human Rights High Commissioner Michelle Bachelet’s report on Sri Lanka does not exceed its mandate but has “very correctly” pointed out the country’s failures with regard to its international obligations, the Tamil National Alliance (TNA) said.

Urging member states of the United Nations Human Rights Council (UNHRC) to pass resolution 46/1, the TNA said today that Bachelet’s report points out Sri Lanka’s failure to meet specific undertakings given to the UNHRC.

“Inquiring into the human rights situation through due procedures is a legitimate function of the UN and does not amount to violation of the country’s sovereignty or territorial Integrity,” the alliance said in a statement that appeared on The Sunday Times online edition today. The statement focuses on Foreign Minister Dinesh Gunawardena’s remarks at the High- Level Segment on February 23 and at the Interactive Dialogue on the OHCHR report on February 24 during the ongoing 46th session of the UNHRC.

The TNA, Sri Lanka’s largest coalition of Tamil political parties representing the country’s north and east, questioned Minister Gunawardena’s assertion that Sri Lanka withdrew from its co-sponsorship of resolutions HRC 30/1 and HRC 40/1, adopted in October 2015 and March 2019 respectively.

“The State co-sponsored the above resolutions and another resolution HRC 34/1 in March 2017, at the different times they were adopted by the council. Once adopted, the passage of the resolution is complete and there can be no question of withdrawal on behalf of the State by the following government,” it said.

The alliance also questioned Gunawardena’s rejection of the high commissioner’s report.

“Again, he seems to have overlooked the fact that it is the council that had mandated that the High Commissioner should present a comprehensive report at the 46th sessions. This report has been welcomed by many member states and others,” it said.

“The Hon. Minister makes several incredulous assertions. An example of this is, his attempt to connect the co-sponsorship of HRC 30/1 and the Easter Sunday bombings of 2019,” it added.

The alliance further said that the foreign minister did not explain what Sri Lanka has done to account for the “tens of thousands” of alleged enforced disappearances of civilians during the armed conflict, including those who purportedly surrendered to the armed forces towards the end of the war.

“Sri Lanka has not conducted any investigations to ascertain the truth and dispense justice. Anything done to ascertain the truth has been through the investigations highlighted in the POE report of March 2011 (the report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka), or the OISL (OHCHR Investigation on Sri Lanka) report of September 2015,” it said.

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The rest of the statement, which according to The Sunday Times is signed by TNA leader R Sampanthan, ITAK leader Mavai S Senathirajah, TELO leader Selvam Adaikalanathan, and PLOTE leader D Sithadthan, is as follows:

No steps have been taken to dispense justice even on the basis of the said investigations. Sri Lanka also made a specific commitment to enact a new constitution with the consent of all the different Peoples who are citizens of the country, as the best guarantee of non-recurrence. The Parliament was converted into a constitutional assembly by a unanimous resolution by Parliament in March 2016.

Important consensus was reached with regard to power sharing arrangements, among other matters. However, the present regime seems determined to travel in the opposite direction.

The Hon. minister’s statement does not refer to a commitment to address the core issue – the sharing of powers of governance and is clearly indicative of a reversal to and recurrence of the earlier situation and gross violations.

It is in this background that the core group of countries led by the United Kingdom had presented resolution HRC 46/1 to be adopted at the current sessions. The Tamil National Alliance is the largest Tamil Party that represents the Tamil People of the North and East of Sri Lanka. We appeal to the member States of UNHRC, on behalf of our people, to ensure the passage of the HRC 46/1.

Sri Lanka attempts to obfuscate the issue by referring to the L.T.T.E. For over 30 years since independence, Tamils who made legitimate demands were subjected to state terror, around half the Tamil population left the country.

The L.T.T.E appeared only after that and would have never appeared if commitments made to democratic Tamil leaders were observed. In any event the L.T.T.E. is not a factor that needs to be reckoned with.

It must also be pointed out that gross violations of human rights in Sri Lanka occurred also in 1971, 1988/89 when tens of thousands of youth from the Southern parts of the country were subjected to ruthless violence amounting to gross violations of human rights and humanitarian laws but most unfortunately such occurrences were not investigated at all. Necessary actions must be taken to prevent such events.

The main aspirations of the victims are truth, justice, accountability, and reconciliation through the resolution of the main issues and non-recurrence. (Colombo/Mar9/2021)

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