Opinion
UNHRC’s 49th Session:
A brief recap and suggestions of a way forward
by Dharshan Weerasekera
The United Nations Human Rights Commission’s (UNHRC) 49th Session ended on 1st April and the question is whether it was a success or failure for Sri Lanka. In my opinion, the session was a success because at the interactive dialogue, following the tabling of the High Commissioner’s report on Sri Lanka, 31 nations spoke in support of this country while 12 spoke against. It shows that Sri Lanka is not isolated on the world stage with regard to human rights, as some critics claim.
This is an opportune time to assess the strengths and weaknesses of the government’s position and reflect on a way forward. I argue that,
a) Sri Lanka’s strength at the moment is that the principled stance taken by the government in rejecting resolution 46/1 last year which, among other things, authorised an evidence-gathering mechanism on Sri Lanka was appreciated by the majority of nations,
b) the weakness is that the High Commissioner has called for “alternative strategies’ including universal jurisdiction to pursue allegations of war crimes and other crimes against Sri Lanka and the government will have to deal with these efforts regardless of the domestic mechanisms it has established to address the concerns raised by the Council in resolution 46/1.
In this article, I shall briefly discuss these issues and make some recommendations on a way forward.
The GOSL’s stance and
expressions of support by various nations
At the commencement of the interactive dialogue, Minister of Foreign Affairs Prof. G.L. Peiris eloquently set out the government’s objections to the High Commissioner’s report (A/HRC/49/9) along with resolution 46/1. He says,
“The Resolution 46/1 was adopted by a divided vote in this Council. Sri Lanka and other Member States opposed this resolution in fundamental disagreement with its deeply flawed procedure and unacceptable content, in particular its operative paragraph 6 regarding a so-called evidence-gathering mechanism. The resolution was directly contrary to the Council’s founding principles of impartiality, objectivity and non-selectivity. It went beyond the mandate that Member States conferred on it by UNGA resolution 60/251.” (www.lankamission,org, 4 March 2022).
As pointed out earlier, 31 nations then spoke in support of Sri Lanka. The following are some of the things they said. The head of the Philippine delegation said,
“The Philippines voted against HRC resolution 46/1 as we disagree with the role being set for the OHCHR in collecting evidence and developing strategies for future accountability processes. The decision of the OHCHR to establish an “accountability project” is a breach of the text of the mandate and in effect a usurpation of the role of the State as duty bearer. We are not convinced that OHCHR has the mandate and capacity to carry out this so-called project with the highest standards of objectivity and professional rigor.” (Statement at the interactive dialogue, 4 March 2022)
The head of delegation for Cuba said, “The Human Rights Council must privilege cooperation and constructive dialogue as well as universal mechanisms such as the UPR as the only guarantee to address human rights issues in a fair and non-selective manner. The resolution that gives rise to this dialogue does not have the support of the country concerned. At this point, there should be awareness that any action or mandate that derives from it will only contribute to politicisation, selectivity and double standards that have been imposed on this body and will not make any contribution to the promotion of human rights.” (Statement at the interactive dialogue, 4 March 2022)
The head of delegation for Ethiopia said, “Ethiopia has always stressed the importance of abiding by the principles of universality, impartiality and neutrality. The primary responsibility to promote and protect human rights rests with the individual country. As a subsidiary organ of the General Assembly of the United Nations the Council must live up to the values and fundamental principles enshrined in the Charter and resolution 60/251 which calls for the sovereign equality and respect for agreed international rules—fundamentals which must work for all.” (Statement at the interactive dialogue, 4 March 2022)
Meanwhile, the head of the delegation for Venezuela pointed out, “The Council resolution that gave rise to the submitted written update does not have the consent of Sri Lanka. That resolution set a dangerous precedent by requiring the Office to collect criminal evidence for future prosecutions, a mandate that was never conferred on it by General Assembly resolution 48/141 that created the mandate.” (Statement at the interactive dialogue, 4 March 2022)
Finally, Ambassador Hamid Ahmadi speaking for the Islamic Republic of Iran, said, “The Resolution 60/251 upholds the need for genuine dialogue and cooperation; the UN Human Rights bodies and mechanisms should support Governments, upon their consent, in implementing their obligations under applicable international human rights law and should not assume roles that go beyond their mandates as stated in resolutions 48/141 and 60/251.” (Statement at the interactive dialogue, 4 March 2022)
The above quotes, and there are many others, indicate that the GOSL is on solid legal ground when it insists that in adopting resolution 46/1 the Council has exceeded its mandate. This point should therefore play a central role in any strategy of the GOSL going forward.
The weakness in the GOSL’s position
The weakness in the government’s position is that, in spite of the domestic mechanisms—these include the Office on Missing Persons, Office of Reparations, the Presidential Commission of Inquiry reviewing the conclusions of previous Presidential Commissions including the LLRC and the Paranagama Commission and so on—the High Commissioner has called on the Council to pursue “alternate strategies” including universal jurisdiction to advance accountability. She says,
“The current government has not only demonstrated its unwillingness to pursue accountability, it has incorporated military officials implicated in alleged war crimes into the highest levels of government reinforcing a narrative of impunity. For these reasons, I have called on the Council to pursue alternate strategies to advance accountability at the international level. Regarding our implementation of the accountability related aspects of resolution 46/1, preparatory work is underway. Our team will analyze the information that has been consolidated in the evidence repository using a criminal justice perspective with a view to identifying gaps and priorities for further information collection, and incorporating a victim-centered approach.” (4 March 2022, )
The above indicates that, the work of the repository has progressed considerably and evidence is being “consolidated” with a view to initiating criminal prosecutions. In these circumstances, one can expect actions under universal jurisdiction to start being filed against selected officers and civilian leaders who oversaw the war against the LTTE in the near future.
In the event, the government would have to spend enormous amounts of money to defend the accused persons unless the government plans on leaving them to defend themselves. Meanwhile, the government would also suffer irreparable harm as a result of the loss of face and humiliation of letting officers and men that most Sri Lankans whether rightly or wrongly consider as heroes who fought in order to free the country from terrorism, be dragged in front of foreign courts on charges that the government itself says are based on unsubstantiated allegations.
It would by definition be an exercise in futility for the government to expend energy and resources to address the concerns raised by the Council including to brief members on the progress of the domestic mechanisms if the Council nevertheless persists in such parallel measures. Therefore, the way forward must include the means to deal with this problem.
Recommendations
Firstly, in addition to keeping the friendly nations updated on the activities of the domestic mechanisms, the government should in consultation with the nations that spoke in favour at the 49th session, produce a legal opinion on the impugned evidence-gathering mechanism and file it of record with the Council. This would discourage people, especially judges, from relying on material forwarded by or associated with the unit.
Secondly, the government should establish a mechanism to “collect, consolidate, analyze and preserve” the mountain of material including photographic evidence of soldier’s helping civilians out of the battlefield, records of the food and medicines sent to the conflict during the relevant period, testimonies of foreign journalists and others who were at or near the conflict zone during the crucial period, testimonies of the thousands of rescued civilians as well as rehabilitated LTTE cadres and so on, to create a repository of exculpatory evidence that can be made available to the Council as well as to foreign judges before whom actions under universal jurisdiction may be filed in order to help them gain some perspective on the charges.
Thirdly, the government in consultation with like-minded nations should launch a concerted effort to discuss reform at the UNHRC focused on re-affirming the principles and purposes of the Council. Such a drive would blunt any effort by the “Core Group’ and others to introduce yet another country-specific resolution on Sri Lanka at the UNHRC’s 51st Session in September.
(The writer is an Attorney-at-law and a Consultant to the Strategic Communications Unit of the Lakshman Kadirgamar Institute)
By Lalin I De Silva – www.vivonta.lk
The history of plantations in Sri Lanka predates the structured implementation of Human Resources Management (HRM) principles. This has led to a stagnation of progressive workforce policies in the plantation sector, worsening the crisis of a static, never-evolving job structure at the estate level. The core issue stems from the industry’s continued entrenchment in the commodity market rather than transitioning into a product market—save for a few exceptions. This has provided fertile ground for trade unions to maintain an archaic system that perpetuates labor dependency rather than advocating for a modern, competency-driven business model.
Trade unions, instead of embracing transformation, have traditionally relied on collective bargaining mechanisms, often with the backing of international organizations like the International Labour Organization (ILO). While collective bargaining has been seen as a tool for securing higher wages, it has inadvertently preserved outdated employment structures. Value chain management experts have long proposed competency-based remuneration models to address labor attrition, yet these calls have largely gone unheeded. Consequently, the plantation sector is now grappling with an acute shortage of skilled labor, further eroding its contribution to the national GDP, which once stood at 4% but is now on a downward spiral.
Faced with laboUr crises, politicians have resorted to using their influence to mandate wage hikes, not as a means of strategic sectoral reform but merely as a damage-control measure. However, increasing wages without a structured, scientific approach does little to ensure sustainable sectoral growth. The fundamental question that remains unanswered is: how does one define and measure the ideal level of competence required for a liveable wage in the plantation sector?
The answer lies in embedding HRM principles into the very fabric of plantation management. A sustainable solution involves the following integrated approach:
1. Developing a New Business Model (Strategy): The plantation sector must transition from a commodity-based approach to a product-oriented one. This shift would add value to the supply chain, open new market opportunities, and create demand for a more skilled workforce that justifies better remuneration.
2. Digital Transformation (Technology): The introduction of smart agriculture, automation, and data analytics can help modernize estate operations. Digital tools can facilitate workforce planning, performance tracking, and precision farming techniques, all of which will redefine job roles and expectations.
3. Structural Reforms (Execution Frameworks): The industry must realign its organizational structures to support modern business objectives. This includes redefining job roles, eliminating redundant positions, and introducing competency-based career pathways.
4. Professional Development (Human Capital Evolution): The focus should shift from merely training technicians to cultivating professionals at all levels. This entails structured upskilling programs, leadership development, and competency assessments to drive industry-wide transformation.
Key HRM interventions such as job evaluation, job costing, job rotation, and salary benchmarking must be systematically applied to create a competitive and attractive workforce environment. This will not only address the challenge of high labor costs but also mitigate external political interference in wage determinations.
Rather than blaming political interventions for the sector’s decline, stakeholders must proactively manage growth through Value Chain Management (VCM) principles. A robust VCM approach ensures that each component of the plantation industry—from raw material sourcing to final product delivery—operates efficiently and profitably, thereby justifying a competency-based remuneration framework.
The future of Sri Lanka’s plantation sector depends on its ability to adapt, innovate, and integrate HRM strategies that align with global best practices. A shift towards a competency-based livable wage model will not only improve labor retention but also restore the sector’s economic viability, making it a sustainable and attractive career option for future generations.
(Lalin I De Silva, value chain journalist of Vivonta Green Tech Consultants, former Senior Planter, Agricultural Advisor/Consultant, Secretary General of Ceylon Planters Society, Editor of Ceylon Planters Society Bulletin and freelance journalist. )
According to available data, Sri Lanka experiences a significant number of road traffic accidents with statistics indicating an average of around 38,000 crashes annually, resulting in approximately 2,500 fatalities and 8,000 serious injuries, placing it among the highest road fatality rates in the South East Asia! It’s absolutely shocking news! Let’s analyse available data.
According to research by D.S.Kodithuwakku of University of Kelaniya: The impact of environmental and human factors has significant importance on the Road Traffic Accidents (RTAs) in Sri Lanka. Past studies have shown that neither the expansion of roads horizontally or vertically nor the reduction in the vehicle density is a solution to reduce RTAs. Therefore, this study is to determine the significant human factors associated with RTAs in Sri Lanka using data on RTAs during 2005-2019 obtained from the Department of Police, Sri Lanka, and suggest some solutions to reduce RTAs. The six reasons for major RTAs are overtaking, diversion, speed driving, alcohol consumption of driver, negligence of pedestrians, and mechanical fault of vehicles. About 85% of major RTAs were due to overtaking (32%), diversion (27%), and speed driving (25%). The percentage of RTAs under each of these variables is significantly higher (p < 0.05) than that of RTAs when the drivers have alcohol more than the minimum level (9%). The Exploratory factor analysis (EFA) and Conformity factor analysis (CFA) confirmed that reasons for RTAs can be classified into two latent factors, namely, ‘lack of attention of the drivers’ and ‘negligence of the drivers. The two factors are invariant on the type of extraction method as well the type of orthogonal rotation. The fitted binary logistic model revealed that the significant variables on RTAs are negligence of the road conditions by the drivers, lack of attention of the driver, age of driver less than 18 years, and status of alcohol by the drivers. The odds of fatal accidents happening when the driver has a valid driving licence are 4.3 times higher than that of a driver without a valid licence ! The inferences derived from this study can be easily used by Department of Police in Sri Lanka to reduce the RTAs in Sri Lanka. Drivers should be motivated to become well-disciplined drivers. Fines for those who do not adhere to road rules need to be increased substantially.
Vehicles in Sri Lanka do not currently require a mandatory MOT (Ministry of Transport) test, as there is no established system similar to the UK’s MOT that comprehensively checks a vehicle’s roadworthiness on a regular basis; however, vehicles are subject to annual licence renewals which include basic quality checks and emission tests during the process, and authorities can conduct random inspections if needed. How does it compare to U.K. ‘s mandatory 1st MOT for a brand new vehicle after just 3 years to be renewed annually!
Causes of Road Accidents
Over Speeding.
Drunken Driving.
Distractions to Driver.
Red Light Jumping.
Avoiding Safety Gears like Seat belts and Helmets.
Non-adherence to lane driving and overtaking in a wrong manner.
This is a common sight in Wales to warn drivers in addition to mandatory speed limits of 20MPH and 30MPH on certain stretches of roads introduced by the previous Welsh government under Mark Drakeford. It has already reduced RTAs significantly. Bumps across roads called Sleeping Policemen are in place near schools, hospitals and where elderly people live in care homes. Cats eyes in the middle of roads reflect light in white, green and red where it is dangerous to overtake !
Roads are classified as motorways (70 MPH), dual carriageways (70MPH) with National speed limit of 60MPH on A routes unless otherwise specified. Also, clear warning signs on narrower roads – Unsuitable for heavy goods vehicles. Drivers who qualify for a Blue Badge due to disabilities get one free which helps parking near shops subject to certain rules!
Sunil Dharmabandhu
Wales, U.K.
Passed my driving test on 07.07.1977 and still possess a clean licence, driving even our 3500kg 4 berth motor home
By Dr Upul Wijayawardhana
It is no secret that the JVP/NPP government came to power mostly by slinging mud at their opponents, no doubt justified to some extent. There were gross exaggerations, claiming that nothing positive has happened since independence and tarring all politicians with the brush of corruption! It looks as if it wants to remain in power using the same tactic probably because it finds it difficult to keep to some of the promises it made to gain power. The sheer eloquence displayed by the president during the election campaigns seem to be coming to haunt him. On many things, which he stated could be reversed by a stroke of a pen are still pending and sceptics are questioning whether the president has misplaced the pen, just like the former speaker has misplaced his academic certificates!
Distortions continue to be the order of the day and as mentioned in the editorial “From ‘chits’ to ‘lists’ (The Island, 1 March), lists are being used to attack opponents, some of whom have already received ‘political punishment’ from the voters. What is worse are the unfair comparisons made, well exemplified by the list of expenses for foreign travel by presidents. The government made the crucial mistake of not limiting it to former presidents but in an attempt to create a whiter-than-white image of the president, it added unbelievably low cost to the present president’s three foreign trips. It is very likely that the expenses for the former presidents were for the entourage whereas for the present president, it was only for himself! Part of the low cost was attributed to the president receiving free tickets for two trips. I am sure if the tickets were provided by the inviting governments, it would have been stated as such and one must assume that they were from other sources, which raises further questions; who are these generous guys and why did they do it? Reminds one of the saying “There is nothing called a free lunch!”
More importantly, one fervently hopes that the reverse does not happen; from going from ‘lists’ to ‘chits’ again, which would be a disaster. It was a disaster that cost thousands of lives and remembered with trepidation by those who were lucky enough to survive. A colleague of mine has forwarded a photograph of one of these notorious ‘chits’ sent during the second JVP uprising, which is in circulation in social media now, and called me later to have a chat. I was taken aback when he told me that he had them pasted daily on his door, as he worked part-time for the army. He had torn them away but on learning this, his superior medical officer had advised him to leave the country, for the sake of his young family, which he did. He worked in New Zealand a year before coming to the UK. Do hope this does not happen again but the video circulating showing a party-man advising a villager not to post adverse comments on the government, raises the possibility that ‘chits’ may raise its ugly head again!
I am not sure whether it was the president who stated that fuel prices could be brought down immediately by cutting off commission charged by the previous minister but the widely anticipated fuel price reduction never materialised. Whoever that made the accusation owes an apology to the previous minister.
However, I am sure the president gave repeated assurances that Arjuna Mahendran would be brought back to stand trial for the Bond Scam. He told cheering audiences that he could do it with a stroke of his pen, in spite former president Sirisena claiming that he placed more than 2,500 signatures for this purpose. It did not succeed and, instead, Mahendran dared by publishing two letters in The Island, giving his full postal address in Singapore, the moment Ranil became president. He would not have done so without knowing that he would be protected. It is a pity AKD did not appraise himself of facts before giving categorical assurances. What is the government’s position now? “We have encountered some legal difficulties but don’t worry, we will try him in absentia” according to the cabinet spokesman, which is hilarious!
The Mahendran episode raises another interesting question. There are droves who sing hosannas for Singapore and Lee Kuan Yew. Whilst not trying to belittle what LKY achieved for Singapore, I have always questioned whether he is a true democrat. He was far from it and what he did to his opponents is conveniently forgotten because of the massive transformation he engineered. Coming to the present, much is made of Singapore’s anti-corruption measures. There are regular reports of politicians being jailed for corruption and many contend that Singapore thrives as it has eradicated corruption. This raises the question why it is refusing to extradite a Singapore citizen who is charged with corruption? Is it that Singapore’s anti-corruption drive operates only when it is an internal matter? Is it that Singapore does not care when one of its citizens takes on an extremely responsible job in a foreign country and indulges in corrupt activities? Is this not the height of hypocrisy?
Although Gotabaya is hauled over the coals for making the country bankrupt, the rot started with Yahapalanaya and the Bond Scam is one of the major factors. Mahendran, who lacked any suitable experience, was imported on false pretences by Ranil but, interestingly the Handunnetti COPE report did not apportion any blame to Ranil. As all investigations laid the blame on Mahendran, who left the country to attend a wedding according to Ranil, not being able to bring him back is a gross injustice. Of course, the government spokesman had a wonderful solution; “As it is his friend, Ranil should bring him back. Then we will prosecute him”! If Mahendran saga is not resolved, it would be a shame for our government and would tarnish the reputation of Singapore, as well.
It is high time the government stopped slinging mud at opponents and start taking actions to solve the problems affecting the masses, the most important being the cost of living.
INS Kuthar sets sail from Colombo
PNS Aslat departs island on successful completion of her visit
Former Minister Mervyn Silva remanded till 17th March
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