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UNHRC resolution is consequence of governance failure

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By Jehan Perera

The government is facing the strongest resolution yet by the UN Human Rights Council during its 51st session in Geneva.  This will be the 9th resolution on Sri Lanka at the UNHRC since 2009 when the war ended bloodily on the military battlefield in circumstances that generated worldwide attention.  On every occasion, successive Sri Lankan governments have strived to ensure that there will be no more resolutions where the country’s human rights record is scrutinised to the detriment of the country’s international reputation.  But to no avail.  This has been due to the fact that what successive governments have promised has not been delivered by either them or their successor governments.

UNHRC resolution 50/1, which is still in its draft stage, does not seek directly to impose sanctions on Sri Lanka.  On the contrary, there is an acknowledgement of the dire economic problems facing the country, and therefore the people.  This is accompanied by an appeal to the international community to take cognizance of this and give their support to extricate Sri Lanka from its economic crisis. On the other hand, the underlying theme of the resolution is to seek an end to the impunity that privileges governmental actors who can literally get away with murder and looting as they have done liberally over the past two or more decades.  The resolution aims, among other things, to further strengthen the UN human rights monitoring mechanism set up in terms of resolution 46/1 of 2021.

The monitoring mechanism which is the most salient feature of the draft resolution 51/1, as it was in resolution 46/1, seeks to collect evidence, both past and present, of human rights violations that have eroded the living conditions of the people in whole or in part.  Those who have drafted the resolution have not been swayed by the impassioned arguments of government representatives that such an international monitoring mechanism constitutes an erosion of the country’s national sovereignty.  To the contrary, they have added new features to the present resolution.  Two new areas are to focus upon economic crimes and the recovery of stolen assets and the repression of the protest movement by the use of legal instruments where they should not be used.

 GOVERNMENT RESPONSIBILITY 

The strengthening of the UN monitoring mechanism on human rights violations is accompanied by an offer to provide the evidence so gathered to foreign governments and organisations that contemplate utilising the legal concept of universal jurisdiction.  Universal jurisdiction is a legal principle that allows states or international organisations to claim criminal jurisdiction regardless of where the alleged crime was committed, and regardless of the accused person’s nationality or country of residence.  There have been a few cases in which those who supported or acted on behalf of the LTTE have had to face legal procedures in foreign countries on account of what they did in Sri Lanka.  So far those who have acted on behalf of the government have not been subjected to such prosecution.  But there have been several occasions on which government representatives have been hastily removed from countries due to the possibility of legal charges being framed against them.

The advance draft statement of the UN Human Rights High Commissioner in Geneva gives an indication of the legal and economic sanctions that are possible. It will be difficult for the government to deflect the international pressure by either citing constitutional restrictions or the need to prioritise the revival of the economy.  The High Commissioner’s statement recommends that the international community should “(d) Cooperate in investigating and prosecuting perpetrators of international crimes committed by all parties in Sri Lanka through judicial proceedings in national jurisdictions, including under accepted principles of extraterritorial or universal jurisdiction, through relevant international networks and in cooperation with victims and their representatives; (e) Explore further targeted sanctions such as asset freezes and travel bans against those credibly alleged to have perpetrated gross international human rights violations or serious humanitarian law violations; (f) Support Sri Lanka in the investigation of economic crimes that impact on human rights and the tracing and recovery of stolen assets.

The draft of resolution 51/1 also brings in the concept of economic crimes despite the government’s objections to it on the grounds that it violates the UN Charter.  There are two sets of international human rights covenants.  All countries which ae members of the UN, including Sri Lanka, have committed themselves to honouring these two covenants.  One is the International Covenant on Civil and Political Rights.  The other is the International Covenant on Economic, Social and Cultural Rights.  These are deemed to be co-equal and inter-connected.  Therefore, the principle of universal jurisdiction can be invoked against Sri Lankans who are accused of both war crimes and economic crimes and more generally those who are accused of violating international human rights.

LATEST BREACH

The government needs to take responsibility for the unfavourable resolution it now faces.  The government has failed to live up to the promises it made at previous sessions of the UNHRC.  The current draft resolution contains the substance of the unmet promises of previous resolutions.  The practice of promising and not delivering began with the earliest resolutions beginning with the promise made by President Mahinda Rajapaksa to UN Secretary General Ban ki Moon that the government “reiterated its strongest commitment to the promotion and protection of human rights, in keeping with international human rights standards and Sri Lanka’s international obligations.”  In the first resolution that was passed against the wishes of the government in 2011, the focus was on the implementation of the recommendations of the Lessons Learnt and Reconciliation Commission which had been appointed by President Mahinda Rajapaksa.  But these recommendations by a national commission were not implemented by the government.  Thus, the promise to have a national investigation or national mechanism seems  more a mirage and myth than a genuine statement of national sovereignty

At the last session of the UNHRC in June 2022, the government promised not to use the Prevention of Terrorism Act until that law had been revised to comply with international standards.  In the aftermath of the protest movement and to quell it, the government violated this promise by detaining student leaders under the PTA as if they were terrorists.  It attempted to justify those arrests on the grounds that houses of government members had been torched and incidents of violence had taken place.  Although those student leaders have been incarcerated in conditions tantamount to psychological torture for over a month, the government has yet to bring forward evidence that the student leaders engaged in anything resembling terrorism.   They have yet to be charged and are kept in solitary confinement without being brought before the judiciary.

In this context, the passage of yet another resolution that is critical of the government will undermine its prospects for getting the full measure of economic support that the country needs at the present time.  If the government opposes the resolution and is unsuccessful in its attempts to defeat it, a message will go to the world that Sri Lanka’s government cannot be trusted to keep its promises. This will undercut the government’s efforts to bring in international economic resources into the country.  Foreign investors will not wish to invest their funds and foreign governments will be reluctant to give their taxpayers money to a government that cannot be trusted.  The passage of UNHRC resolution 51/1 through a vote will be damaging to the national interest.  It would be better if the government were to negotiate a consensus resolution and implement it.



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Features

The Division Bell Mystery

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Tales of Mystery and Suspense 3

The murder, in a private dining room in the house, is of a financier with whom the government was negotiating a loan. When this seemed difficult the Minister of Home Affairs agreed to lead discussions, since he had known Mr Oissel the financier when they were young. Hence the private dinner, but when the Minister stepped out for a vote, Oissel was shot just as the Division Bell rang.

The Brahms and Simon detective novels, the first of which I wrote about last week, were amongst several books by the pair that Robert Scoble gave me when I was in Australia towards the end of last year. Amongst them was another thriller of a very different sort, though that too was written and set between the wars.

Called The Division Bell Mystery, it was set in the House of Commons, the first such book I believe, and was by Ellen Wilkinson, a Labour MP who became Minister of Education in Attlee’s government after the war, having served previously as Parliamentary Private Secretary to several ministers. Her hero Robert West is also a PPS, but a conservative, and his Minister, of Home Affairs, is an old style aristocrat, not much loved by the less orthodox Prime Minister, who nevertheless needs his support on many occasions.

The murder, in a private dining room in the house, is of a financier with whom the government was negotiating a loan. When this seemed difficult the Minister of Home Affairs agreed to lead discussions, since he had known Mr Oissel the financier when they were young. Hence the private dinner, but when the Minister stepped out for a vote, Oissel was shot just as the Division Bell rang.

West was just outside the door when the shot was heard, and when he opened it saw only the dead body with a revolver beside it. The assumption that this was suicide was however challenged by Oissel’s grand-daughter Annette, who was his heir, on the grounds that he would never have killed himself. But her view was given greater credence by the Inspector put in charge of the case who said there were no burn marks on the body which would have been the case had Oissel fired the pistol himself.

Matters are complicated by the fact that Oissel’s flat had been burgled while he was at dinner, and Jenks the policeman allocated to him, who had served the Home Secretary and seemed more acceptable to Oissel than someone from the Security Service, had been killed. Matters get even more complicated when Annette says her grand-father’s notebook in which he wrote his secrets in cipher was missing.

That was found in Jenks’ pocket, and then a photographer came to West to say he had been asked by Jenks to photograph this. More worryingly for West, he finds in the Home Secretary’s drawer a few pages from the notebook with what appears to be an interpretation of the cipher.

Ellen

Overwhelmed by all this he confides in a recently created peer who knows all about the business world, who insists that they leave the house party at which they had met over dinner and discuss the matter with the Prime Minister who promptly summons the Home Secretary.

But the Home Secretary had gone to Scotland to launch a ship over the weekend, so the meeting could take place only on the morning of the Monday, when difficult questions were expected on the adjournment motion. He admits at the meeting that he had got Jenks to take the notebook, and also that he knew the code since it had been created by him and Oissel when they were young.

He thought he should resign, and even contemplated suicide, but the Prime Minister told him that that would be even worse for the government, and that he should go home to bed. The Prime Minister said that he himself would handle the question, which he did with aplomb, insisting that confidentiality was needed until the inquest. What had happened would be made clear then, he declared, leaving West and Inspector Blackit and Lord Dalbeattie what seemed the impossible task of solving the murder.

Dalbeattie had suggested that West ask a female Labour MP who was very fond of him to get what information she could from the staff. That there was some involvement there had become clear when West, going back late one night to collect a briefcase he had left in a dining room, found someone lurking in the dark in the corridor outside the private rooms. Room J, where the murder had happened, was meant to be guarded throughout by a policeman, but he had left the room having felt dizzy, and it seemed that his coffee had been drugged. West’s sudden appearance however had prevented anyone else getting into the room.

Dalbeattie decides to recreate the scene of the murder and has a dinner party in Room J on the Tuesday night, inviting West and Annette and the society hostess at whose house he had met, and also Patrick Kinnaird, an MP who was engaged to Annette, as well as the Permanent Secretary to the Home Ministry.

After coffee Inspector Blackit comes in with Grace, the Labour MP who had got the confidence of the staff, and a journalist who had also been helpful, and just as they say they think they are on the track the division bell rings. Grace jumps up and tells the Inspector that that provides the solution and they get a ladder, and sure enough find the revolver in the space where the bell is. Directed at the place where Oissel had sat, it had been primed to go off with the ringing of the bell. The waiter who had helped to set things up made clear who the murderer had been.

The reason for the murder and the confused motives of all those involved made for a fascinatingly intricate mix. But also impressive in the book were the descriptions of the isolation possible in the crowded premises of the house, the forceful characterization of the members – Grace based on the writer, the society hostess based on Nancy Astor, the first female MP – and the laid back nature of senior politicians which West realized had to change in the brave new world of high finance.

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The challenge of keeping value-based politics alive

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Anti-migrant protests in Durban, South Africa. BBC

The current outbreak of anti-immigrant protests in Durban, South Africa is bound to have taken many a subscriber to value-based politics or political idealism quite by surprise. After all, this is evidence that despite the historic accomplishments of nation-builders of the stature of the late President Nelson Mandela it cannot be taken for granted that identity politics, including racism in its worst forms, is no more in South Africa.

At the time of this writing details are scarce on the substantive root causes of the protests but it could very well be that economic grievances, particularly on the part of the majority community in South Africa, are contributing considerably to the disaffection. Shrinking employment and material prospects are likely to figure majorly among the factors igniting the unrest.

Fortunately, the local authorities in Durban are losing no time in calling for peaceful co-existence among the relevant communities and are pointing to the vital importance of stepping-up national integration processes. Apparently, immigrants in sizable numbers from neighbouring countries are present in Durban. However, international TV footage of the protests quoted some local authorities as saying that the majority of the immigrants in some centres that housed them were not illegal migrants and had the documents that entitle them to be in Durban.

In the Durban protests the world has fresh proof of the socially divisive consequences of the gathering globe-wide economic disaffection, touched off particularly by the continuing crisis in West Asia. Going ahead, the world would need to brace for increasing identity-based unrest of the kind it is just witnessing in South Africa.

Considering that the material lot of ordinary people everywhere could only aggravate progressively, with the US and Iran showing no signs of negotiating an end to their confrontation any time soon, it will be left to the more democratic and progressive sections of the world community to initiate positive measures collectively to bring a measure of relief to the discontented.

The swiftness with which such relief will be provided would depend crucially on the importance those sections taking up these undertakings attach to value-based politics as opposed to Realpolitik of power politics.

Going by these yardsticks, Italy could be considered to be moving in the right direction. Recently Italy came to the fore in initiating the collective named, ‘Rome Coalition for Food Security and Access to Fertilizer’, which has as one of its aims the swift provision of fertilizer to economically weak African countries.

In a recent statement Italian Minister of Foreign Affairs and International Cooperation, Antonio Tajani, said that a principal aim of the project was to ensure that the farmers of Africa gained easy access to fertilizer, considering that food security is a growing concern among some of Africa’s economically vulnerable countries.

The statement went on to mention that some 30 countries hailing from the Mediterranean region, the Middle East, the Balkans as well as the FAO had been invited to join the coalition. The venture is far-seeing in that food security is main among the reasons for social discontent which in turn could degenerate into endemic political turmoil and bloodshed. Separatist violence and geographical fragmentation of countries wouldn’t be too far behind these developments, as Africa itself has often proved.

It is hoped that more G7 countries would take the cue from Italy and do what they could to ease the hardships of economically distressed countries, particularly of the global South. In these efforts they would need to break rank with the US, which is today brutally indifferent to the consequences of its policy of making ‘America First’, come what may.

Going by current developments, the Trump administration seems to be blithely oblivious to the wider, deleterious effects of its policy course in West Asia. Besides rendering Iran militarily and otherwise impotent nothing else seems to matter to Washington, as regards West Asia. This is policy short-sightedness of an extreme kind. After all, right now West Asia could be said to be sitting on the proverbial powder keg.

On the other hand, Iran is not giving the world the impression that it is doing anything constructive to get out of the policy straitjacket that it wove for itself decades ago. Rather than enter into a policy of ‘live and let live’ in relation to Israel in particular and initiate a process of reconciliation with the latter, it has chosen to operate within policy parameters that continue to damn Israel. This has put Israel always on the ‘defensive’ so to speak and prevented the opening up of space for meaningful dialogue.

That said, Israel is obliged to explore the possibilities of entering into a negotiatory process with the Arab-Islamic world that could lead to a de-escalation of tensions and bloodshed. It cannot continue to look at its neighbours through lenses that distort them as archetypal enemies who should be ‘wiped off completely from the face of the earth.’

In other words, the need is urgent for Realpolitik to give way to value-based politicks. Italy is beginning to prove that the latter approach could be pursued with some success. May be the EU and the UK could throw their weight behind these initiatives as well and establish that international politics could be refashioned on the basis of humane, civilized norms. The UN would need to be fully supportive of these moves and prove an organizational nucleus of the operations that follow.

In fact the time is ripe for people of conscience to collectively stand up on the side of peace and say ‘No’ to war and violence. Organizations such as the ICRC, the WHO and Medicines Sans Frontiers have already taken up this call. Referring to the widespread destruction of health facilities and their dehumanizing results these organizations have said, among other things, that ‘This is not a failure of the law. It is a failure of political will.’

True, ‘failure of political will’ among those powers that matter accounts for the runaway, uncontrollable nature of war and destruction in contemporary times, but more fundamentally it is a failure of the human conscience. It could very well be that the phenomenal levels to which violence and war have been unleashed today have had the effect of deadening consciences. This is a matter for urgent study and wide discussion.

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Features

Vesak celebrations … with Cuteefly

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Perfect for celebrations, gifts, and meaningful occasions // Gift pack

I would describe Indunil Kaushalya Dissanayaka as innovative and creative, and she operates under the name of Cuteefly.

Indunil always comes up with something novel to celebrate special occasions, and she does it with candles … and that’s her profession.

She was in the spotlight when she created a happening scene, with candles, for Christmas, Sinhala and Tamil New Year, and Valentine’s Day.

As lanterns light up Sri Lanka for Vesak, the Colombo-based candle maker is quietly turning wax and wick into little pieces of the festival.

Candles reflecting Vesak themes

Her candles reflect Vesak themes – light, peace, remembrance, giving, etc., to enable you to fill your Vesak celebration with devotion and beauty.

Among her Vesak creations is a lotus-shaped soy candle, scented with sandalwood, lavender, etc., meant to burn during this Vesak Poya Day.

Indunil Kaushalya Dissanayaka: Customers
praise her for her creativity

These handcrafted Vesak candles are perfect for offering at the temple, she says.

What makes her creations so novel is that they come in different shapes, scents, themes, and all are handmade.

What’s more, her customers have heaped praise on her for her creativity.

According to Indunil, her creations are perfect as a thoughtful gift … to bring beauty, unity, and light into every moment.

Says Indunil: “Our beautifully handcrafted Unity candles are designed with premium detail and love, making them perfect for celebrations, gifts, and meaningful occasions.”

Cuteefly, says Indunil, is available online.

Readers could contact Indunil on 0778506066 for more details.

He Facebook Page is: Cuteefly.

Handmade with love

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