Facing a War Crimes Inquiry, Sri Lanka Continues to Vex the U.N.

Tamil Dr. Vartharaja speaking of civilian causalties at the last phase of war at HRC 25 ( Thursday 27 March 2014 "$%&'& "(')*+T,%,RCH Deshapri!a ".#

*'&T(D ',T&$'" - .hat to /o with "ri 0anka1 The islan/ nation2 triumphant after nearl! three /eca/es of war against ethnic separatists2 has ve3e/ the *nite/ 'ations. 4ive !ears after the war5s 6rutal en/ing2 the worl/ 6o/! has 6een una6le to a//ress grave human rights violations committe/ 6! the warring parties2 making "ri 0anka something of an o6ject lesson in the /ifficulties of pursuing accounta6ilit!. The *nite/ 'ations5 own con/uct /uring the war le/ to a change in /octrine7 The secretar! general late last !ear or/ere/ *nite/ 'ations officials not to sta! silent in the face of rights violations2 as the! ha/ in "ri 0anka in 2889. "pecial envo!s were appointe/2 an/ the $ffice of the High Commissioner for Human Rights urge/ "ri 0anka to seek accounta6ilit!: 6oth gestures were re6uffe/. 'ow comes the sharpest measure !et7 The *nite/ 'ations Human Rights Council is /ue to vote Thurs/a! morning in )eneva on whether to or/er an in/epen/ent international investigation into possi6le war crimes2 inclu/ing e3ecutions2 rape an/ torture. The /raft resolution calls for the *nite/ 'ations human rights office to monitor "ri 0anka an/ ;un/ertake a comprehensive investigation into allege/ serious violations of human rights an/ relate/ crimes 6! 6oth parties.< The high commissioner for human rights2 'avi +illa!2 supports an investigation. "he has sai/

"ri 0anka5s own in=uiries have ;consistentl! faile/ to esta6lish the truth an/ achieve justice.< The vote 6! the >?@mem6er council will most likel! 6e close. &ran an/ Aim6a6we praise/ "ri 0anka5s postwar reconciliation efforts2 while China commen/e/ its ;promotion an/ protection of human rights.< The *nite/ "tates2 which co@sponsore/ the resolution2 pointe/ to continue/ harassment of journalists an/ mem6ers of civil societ!2 ;inclu/ing reprisals against those who meet with visiting /iplomats an/ *.'. officials.< &n/ia2 whose vote will 6e closel! watche/2 chose not to a//ress the council on .e/nes/a!. , /efeat of the resolution woul/ 6e ;/evastating2< sai/ Bulie /e Rivero2 the )eneva@6ase/ a/vocac! /irector for Human Rights .atch. ;&t woul/ reall! call into =uestion the council5s effectiveness.< The effect of the vote on the groun/ remains unclear - the government is unlikel! to cooperate with monitors. +resi/ent %ahin/a Rajapaksa of "ri 0anka ma/e his /ispleasure clear this week while campaigning for provincial elections that are /ue to 6e hel/ this weeken/. ;& /on5t care if we win or lose in )eneva2< he sai/. ;& /on5t give a pittance. & know the people here will ensure our victor!.< &n/ee/2 the government enjo!s enormous pu6lic support among the majorit! ethnic "inhalese for its %a! 2889 militar! victor! against the re6els2 the 0i6eration Tigers of Tamil (elam. %r. Rajapaksa is likel! to use an! international investigation to his a/vantage. $ne reason the *nite/ 'ations has foun/ it /ifficult to 6ring a6out accounta6ilit!2 even long after the en/ of a gruesome war2 is that the re6els were mem6ers of a wi/el! /espise/2 6rutal insurgenc! that was /eeme/ a terrorist organiCation 6! man! countries in the aftermath of the attacks of "ept. DD. The "ri 0ankan government /eftl! leverage/ international support to crush the re6els. The /ifficult! e=uall! reflects political pressures that have nothing to /o with "ri 0anka. &n/ia2 for instance2 has a large an/ influential ethnic Tamil population2 an/ its lea/ers can har/l! affor/ to alienate them ahea/ of &n/ia5s parliamentar! elections2 /ue to start ne3t month. 'or can it ignore "ri 0anka5s ever@growing ties with China. The war in "ri 0anka has roile/ the *nite/ 'ations. &t ha/ a large presence in the countr! /uring the last few months of the war2 when up to >82888 people are 6elieve/ to have 6een kille/2 6ut was nota6l! silent a6out the scale of killings. &n an internal review2 the *nite/ 'ations /escri6e/ its silence as ;a grave failure2< taking to task officials who ;/i/ not perceive the prevention of killing of civilians as their responsi6ilit!.< That internal review le/ to a stark shift in polic!2 calle/ ;rights up front.< *nite/ 'ations officials in the fiel/ are now un/er or/ers to report rights violations2 an/ senior officials here are to engage in what Deput! "ecretar! )eneral Ban (liasson calle/ ;=uiet /iplomac!< or2 if necessar!2 raise the violations with the "ecurit! Council. The "ecurit! Council also /i/ not pa! close attention to rights a6uses in a conflict that sought

to stamp out the Tamil Tigers. ;&t was clear mem6er states /i/n5t want to 6e tol/2< sai/ &an %artin2 a former senior *nite/ 'ations official. He a//e/ that there was slim chance of punishing perpetrators now2 without the government5s cooperation. ;&t5s one step further to a /efinitive account2< he sai/. ;Truth is2 there5s not going to 6e accounta6ilit!.< %s. +illa!2 in a report pu6lishe/ in late 4e6ruar!2 pointe/ to a6i/ing pro6lems2 inclu/ing ;continue/ militariCation an/ compulsor! lan/ ac=uisition2< along with ;shrinking space for civil societ! an/ the me/ia2 rising religious intolerance an/ the un/ermining of in/epen/ent institutions2 inclu/ing the ju/iciar!.< %r. Rajapaksa sacke/ the countr!5s chief justice in Banuar! of last !ear. +revious investigations have foun/ that tens of thousan/s were kille/ in the final months of the war an/ that hospitals were 6om6e/2 in violation of international law. The latest international report2 issue/ last week 6! a "outh ,frican human rights law!er2 /ocumente/ >8 cases in which suspecte/ Tamil Tigers supporters were a6/ucte/2 torture/ an/ se3uall! a6use/ 6! mem6ers of the "ri 0ankan militar!. %r. Rajapaksa5s a/ministration has consistentl! /enounce/ international human rights in=uiries as a 6reach of the countr!5s sovereignt! an/ an unfair targeting of his countr!. &n the "ri 0ankan capital2 Colom6o2 Eu//hist monks an/ Hin/u priests hel/ all@night pra!ers on %on/a!2 while on .e/nes/a! a6out 22888 pro@government %uslim protesters marche/ to the *nite/ "tates (m6ass!. &n the /a!s lea/ing up to the )eneva vote2 "ri 0anka5s actions have /rawn new outsi/e scrutin!. &t 6riefl! /etaine/ two human rights a/vocates for =uestioning last week. $ver the weeken/2 the police roun/e/ up F88 Tamil !ouths for =uestioning in the still heavil! militariCe/ Baffna peninsula in the countr!5s north. %aj. )en. */a!a +erera2 a northern area comman/er2 sai/ the heightene/ securit! checks were a ;precaution< as the police steppe/ up the search for a re6el operative. The chief minister from "ri 0anka5s 'orthern +rovince2 C. V. .igneswaran2 an ethnic Tamil2 has sai/ he fears that the resolution2 if passe/2 coul/ spark a fiercer militar! crack/own. ;.e are worrie/ the arm! might go 6erserk once the /ecision is ma/e in )eneva2< he sai/. , former "ri 0ankan /iplomat2 Da!an Ba!atilleka2 /escri6e/ the countr!5s pre/icament as 6eing caught 6etween the *nite/ 'ations campaign for accounta6ilit! an/ &n/ian political imperatives. %r. Ba!atilleka wrote in an opinion article for The Colom6o Telegraph that ;the Rajapaksa a/ministration will owe a significant slice of its election victor! this time aroun/ to the ill@ targete/ )eneva resolution.< 'ick Cumming@Eruce contri6ute/ reporting from )eneva2 an/ Dharisha Eastians from

Colom6o2 "ri 0anka.