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Response to UNHRC Resolutions 46/1 and 51/1

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Himalee Subhashini Arunatilaka speaking at UNHRC, Geneva

by Neville ladduwahetty

Sri Lanka’s Permanent Representative to the UN in Geneva, Himalee Subhashini Arunatilaka, in her statement to the HR Council stated that Sri Lanka has “consistently rejected Resolutions 46/1 and 51/1”, because Sri Lanka is “in fundamental disagreement with its unacceptable content in particular the so-called evidence gathering mechanism, the establishment of which is unprecedented”. Furthermore, Sri Lanka added that it “goes beyond” the Mandate conferred by the General Assembly on the Human Rights Council by UNGA Resolution 60/251 in 2006.

The UNGA Resolution 60/251 that set up the Human Rights Council in 2006, to replace the Commission that had existed until then, has no mandate to collect evidence relating to the Human Rights situation in any Member State. All it has in para. 5 (e) is: “Undertake a universal periodic review, based on objective and reliable information of the fulfilment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment” (emphasis added). It is therefore clearly evident that the HRC has taken a unilateral decision to graduate from “objective and reliable information” stated in 5 (e) of its Mandate to an “accountability project” that involves collecting, consolidating, analyzing and preserving information and evidence.

The decision to unilaterally “extend and reinforce the capacity of OHCHR in this manner is not only “unprecedented” as stated by Sri Lanka, but also underscores the fact that no prior precedent had existed in respect of any other country prior to this decision by HRC to single out Sri Lanka in complete violation of the principle of “universality of coverage and equal treatment” of all States as stated in the HRC Mandate. Since equal treatment of all States is one of the key pillars of the Charter and the entire edifice of the UN system, it is unlikely that the UN General Assembly would have been a party to extending and reinforcing the capacity of the OHCHR without formally revising the mandate of the HRC

If the UNGA had given its blessings informally, its own accountability is in serious doubt. On the other hand, IF the HRC’s decision was unilateral the legitimacy of Resolution 46/1 is questionable, thus making the entire exercise of strengthening HRC capacities and the exercise of evidence gathering unlawful, for which the Council has to be held accountable. Furthermore, the States that sponsored Resolutions 46/1 and 51/1 and those that voted in support, are complicit in participating in an exercise that unilaterally amends Mandates conferred by the General Assembly; an act that undermines its own credibility as for its capacity for due process. Therefore, while Sri Lanka’s Representative should be commended for raising the issue that the HRC has gone beyond its Mandate, the opportunity should have been seized to bring to the attention of all the Members of the HR Council the legitimate grounds why Sri Lanka consistently rejected Resolution 46/1 and 51/1 is because these Resolutions have been authenticated without seeking the authority of the UN General Assembly thus violating established practices that are identified with Institutions of the UN.

RESOLUTION 46/1

According to an explanatory note by the OHCHR “the Human Rights Council Mandate, under which the team will operate, is not limited to violations and abuses by a particular party to the conflict or to particular victims, a particular period in time, or any one geographic area of Sri Lanka. It will collect, consolidate, preserve and analyze information and evidence on violations and abuses of international law regardless of which parties or individuals are alleged to have committed them ….”

“In exercising its mandate, it will be possible to provide information to parties in criminal or civil proceedings in national, regional or international courts of competent jurisdiction ….”

Accordingly, the OHCHR appointed “team” would be collecting so-called evidence without limiting it to a period of time or area of Sri Lanka and regardless of who was responsible for them. It is this evidence that would be analyzed and made available to parties engaged in civil or criminal proceedings by courts with competent jurisdictions.

Sri Lanka has serious doubts as to the authenticity of the evidence gathered given the complexities involved. For instance, during the period February 2002 to May 2009 the conflict in Sri Lanka was categorized as an armed conflict by none other than the OHCHR in their report of 2015. Thus, as for an armed conflict, the report states that the applicable law is Common Article 3 to the four Geneva Conventions, which means any violations or abuses committed during the armed conflict must be judged under provisions of International Humanitarian Law and derogated Human Rights Law during a declared emergency as provided by ICCPR that operated from May 2000 to June 2010. On the other hand, since the state of emergency applied to all of Sri Lanka, the derogated Human Rights apply throughout Sri Lanka from May 2000 to June 2010. These complexities, not to mention the lapse of over 15 years makes the authenticity of the evidence gathered highly questionable.

DEROGATED HUMAN RIGHTS

The derogated Human Rights under emergency rules as permitted by ICCPR provisions are:

Articles 9 (2); 9 (3); 12 (1); 12 (2); 14 (3); 17 (1); 19 (2); 21 and 22 of the ICCPR.

Article 9 (2): “Anyone who is arrested shall be informed, at the time of arrest the reason for the arrest…”.

Article 9 (3): “Anyone arrested or detained on a criminal charge shall be brought before a judge ….”

Article 12 (1): “Everyone lawfully within the territory of State shall have the right to liberty of movement…”.

Article 12 (2): “Everyone shall be free to leave any country, including his own”.

14 (3): “In the determination of any charge, everyone will shall be entitled to: informed promptly; time to prepare defence; tried without delay; tried in his presence; to examine witnesses against him; access to an interpreter; not to testify against him”.

Article 17 (1): “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence nor to unlawfully attack his honour….”

Article 19 (2): “Right to freedom of

expression ….”

Article 21: “…right to peaceful

assembly ….”

Article 22: “…right to freedom of

association ….”

The OISL report concludes the list of derogated human rights during the period of the armed conflict by stating: “Measures taken pursuant to derogation are lawful to the extant they comply with the conditions set out in international human rights law as provided in Article 4 of ICCPR. This Article states: “In times of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the State Parties to the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law ….”

In keeping with this provision successive Sri Lankan Governments have derogated over a period of 10 years, 9 Articles out of a total of 19 Articles in Part III of the ICCPR that the OISL has declared as being lawful. Despite the adoption of such lawful measures it is only by making Members of the HR Council aware of the extent to which Sri Lanka has gone, that its image could be made to be seen in a more favourable light.

IMPLICATION of

NON-COORPORATION

In her highly commendable statement made by Sri Lanka’s Representative in Geneva said: “Many countries have already serious concerns on the budgetary implications of this Resolution given its dubious mandate. Sri Lanka has repeatedly pointed out that this is an unproductive and unhelpful drain on the resources of the Council and its Members. For all the reasons stated above, Sri Lanka will not cooperate with it.”

The stand of non-corporation taken by Sri Lanka, if it means having to gather evidence without visiting Sri Lanka, would present not only logistical issues but also impact on the quality and acceptability of the evidence in a Court of Law, particularly after the lapse of 15 plus years. Furthermore, whatever evidence that is gathered has to be undertaken not only while being outside Sri Lanka, but also from sources outside Sri Lanka. How authentic would such evidence be without the ability to verify it on the ground?

The intention of the accountability project is to “provide information to parties in criminal or civil proceedings in national, regional or international courts ….” A fact that has to be borne in mind is that since the overwhelming majority of violations and abuses occurred within the territory of Sri Lanka, the primary applicable Law is the Penal Code of Sri Lanka backed by International Customary Law with other Laws acting in their complementary capacities. Whether such courts have the required competency to function effectively is in serious doubt.

CONCLUSION

While it must be acknowledged that the stand taken by Sri Lanka and forcefully articulated by Sri Lanka’s Representative in Geneva was highly commendable, the question that needs to be asked is this: What has caused the issue of accountability to reach such “unprecedented” proportions? Is it the refusal by successive governments to accept that the conflict was a non-International armed conflict as in Common Article 3 of all Geneva Conventions advocated by OHCHR and the applicable framework to address accountability is International Humanitarian law along with derogated Human Rights Law, or was it the misguided notion that accountability should be addressed from a Human Rights perspective e. g. LLRC, because the focus was on reconciliation? The Foreign Ministry has consistently adopted the latter approach and couched the two approaches as Political vs. Legal. Is it this divergence of approaches to address accountability that is the cause for the current state of affairs?

While one can argue for and against either approach, the legal approach resonates with the OHCHR, while the political does not. However, one fact that stands out as a sore thumb is the failure to harness an effective team to articulate Sri Lanka’s position consistently among individual Members of the Council. Instead, the approach has been an individual effort by committed members of the Foreign Ministry. For instance, how many in the Council or the Ministry would know the difference between International Humanitarian Law and Human Rights Law. How many in the Ministry or in the Council would know the extent to which Sri Lanka derogated Human Rights during the armed conflict in keeping with ICCPR provisions. The common opinion in the Ministry is that since Sri Lanka has not ratified Additional Protocol II, its provisions are not applicable to Sri Lanka. They are unaware that the ICJ downward accept Protocol II as part of Customary Law.

Therefore, there is an urgent need to revisit the road Sri Lanka has taken thus far and organise a team that could consistently present to the members of the UNHRC an accurate narrative as to how Sri Lanka conducted itself during and after the armed conflict and also bring to their attention the fact that Resolutions 46/1 and 51/1 are products of a mandate conceived beyond the Mandate conferred by the General Assembly, the consequences for which the HRC has to be held accountable.



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Features

Polarizing rhetoric greets America on its epochal anniversary

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President Donald Trump addresses the public on the occasion of the US celebrating the 250th anniversary of the US Declaration of Independence from Britain.(BBC)

Democratic and progressive opinion in the US and the world over would likely have been further jolted by the divisive rhetoric blared forth by US President Donald Trump on no less an occasion than the 250th anniversary of the US Declaration of Independence from Britain. The world has been placed on notice that what it would be having in the main is aggravated polarization on multiple fronts during what’s left of the Trump tenure.

If the world was expecting positive moves by the Trump administration to bridge divisions, heal rifts and usher in a more harmonious international political order, this is very unlikely to be. Instead, in all probability we would be left with a far more ‘dangerous place to live in’.

Some of the more thought-provoking recent ‘takes’ from President Trump are : ‘A generation after we fought and won the cold war against the menace of communism, there is now a resurgence of the communist menace in our land, including from newcomers to our country who embrace ideas totally opposed to our way of life and our great success.’ ‘We will send them (immigrants) quickly away, and we will continue to build our country bigger and better than ever before.’ ‘We are going to give our country its identity back.’ ‘You can be loyal to Karl Marx or you can be loyal to America. You can be a communist or you can be a patriot. You cannot be both.’

Accordingly, what the world would have in increasing measure going forward are stepped-up attempts to consolidate a white supremacist administration in the US accompanied by a suppression of ethnic, religious and cultural minorities at home along with renewed attempts to spread and consolidate US hegemonism world wide.

The latter project would mainly translate into US military interventions abroad of the Venezuelan type and a persistence if not a resurgence of identity based conflicts globally. Violent reactions internationally to what are seen as attempts by the US to bring recalcitrant sections in particularly the South under white supremacist control will provide the basis for the steadfast presence and spiking of identity politics globally.

Moreover, the path has been paved for stepped-up ethnic, religious and cultural disharmony within the US. A united state is far from possible, given this backdrop. Put simply, it would be a question of steeper political polarization at home and abroad.

The persistent, widespread support for the hard line Islamic regime in Iran locally and globally should serve as an eye-opener for the political decision-makers of the US. Huge crowds at the funerals of Iran’s political leaders could very well be state-orchestrated but they are a pointer to the fact that political Islam is far from on the decline. To the extent to which this is so, the phenomenon could be a hurdle in the path of a stridently expansionist US.

Looking back, it was the consolidation of the Islamic regime in Iran in the late seventies of the last century that, besides proving a major challenge to the unfettered global power expansion of the US and its Western allies, provided the motive force as it were for the proliferation of Islam-based identity politics in particularly the South. This continues to be so.

Going forward, the US would need to figure out how best it could manage the persistent presence of Islamic fundamentalism world wide, and for that matter other forms of identity politics, without drastically losing its global power and influence.

The recent successful challenge by Iran to the US’ efforts to exercise its diktat in West Asia should prove an ‘eye-opener’. In these confrontations both sides were bloodied but Iran proved that it could successfully take on the US militarily. The inference for the US ought to be that projecting its military might in the Middle East in a no-holds-barred fashion would not prove easy.

Arising from the foregoing a foremost policy challenge for the US would be to curb Iranian military power while avoiding another major military confrontation with the Islamic state that would cost the US and the world dearly in particularly economic and material terms. The US would have no choice but to persist with the often flagging West Asian peace effort and to render it fully workable.

Ukraine presents the US with another formidable challenge. As is known, Ukraine is proving no easy ‘push-over’ for Russia, but it is badly in need of more sophisticated Western arms, particularly effective air defense systems, to fully neutralize the Russian invasion. What would the US choose to do; go to Ukraine’s assistance fully or opt not to ruffle and antagonize the Putin regime, with which it is on some cordial terms?

A negotiated solution is best in Ukraine and the Trump administration would do well not to lose sight of this ideal but Russia too should see the need for a diplomatic solution if it is to salvage itself from its military stalemate in Ukraine. The US needs to try being a peace mediator in the latter theatre but if the Russian political leadership fails to opt for peace the US would have no choice but to join the rest of NATO and Europe in continuing to arm Ukraine.

The US would need to take the latter course if the ‘world’s mightiest democracy’ is to remain committed to its founding ideals. If President Trump fails to meet this challenge he would prove that he is nothing more than an ‘empty rhetorician’.

However, it should not come as a surprise to the world if Trump chooses not to strongly back the rest of the West on Ukraine. Domestic and foreign policy are closely intertwined. Since the Trump administration is committed to building a white supremacist state at home, democratic development worldwide has been of the least importance to it.

The Trump administration’s strong affinities to white jingoism would increasingly compel it to opt for a policy of international isolationism. As a result Ukraine could prove unimportant for the US going forward.

Consequently, US-Western Europe friction in particular is only likely to intensify in the days ahead. Coupled with the contentious issues growing out of the persistence of identity politics, the Trump administration’s far-sightedness in managing foreign policy issues would be tested to the fullest. Whether the world would have comparative peace or continued blood-letting would depend crucially on such judiciousness.

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Beyond concrete: Sunela Jayewardene urges Sri Lanka to rediscover an ancient wisdom for a planet in peril

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Sunela / Rishan / Spencer

It was more than a lecture on architecture. It was a challenge to rethink civilisation itself.

Standing before a packed audience at Dilmah by Genesis in Maligawatte, internationally acclaimed environmental architect, author and conservationist Sunela Jayewardene delivered a keynote that transcended blueprints, buildings and urban planning.

Instead, she invited her listeners on an intellectual journey into Sri Lanka’s ancient past, arguing that the answers to some of the world’s gravest environmental crises may already exist within the island’s forgotten ecological wisdom.

Her address, titled “Beyond Concrete: Architecture for the Coexistence of Species,” was at once philosophical, historical and deeply practical. It questioned humanity’s obsession with dominating nature and called for a return to a design ethic rooted in respect, restraint and coexistence.

“The road is actually very simple,” Jayewardene said. “We have simply forgotten it.”

That observation became the defining thread of an afternoon that challenged conventional thinking about architecture and development.

According to Jayewardene, modern society has inherited a worldview shaped largely by colonial values that placed human needs above those of every other living organism.

“Our value system was turned on its head,” she observed. “We accepted a Western way of looking at nature without questioning it. Today we can clearly see the consequences. The world is in crisis. Species are in crisis. Our lifestyles are in crisis.”

She was careful not to romanticise the past, nor was she dismissive of modern science. Instead, she argued that Sri Lanka’s pre-colonial civilisation possessed a sophisticated environmental philosophy that modern planners and architects have largely ignored.

For Jayewardene, environmental architecture is not about fashionable sustainability slogans or cosmetic landscaping.

It begins with humility.

It begins by recognising that humans are only one species among millions sharing the same landscape.

“The built environment should not exist in opposition to nature,” she said. “It should become part of nature.”

One of the most captivating moments of her presentation came when she introduced her own research into the island’s ancient sacred geography.

Using digital mapping and satellite imagery, Jayewardene demonstrated the remarkable alignment of Sri Lanka’s four original Saman Devalayas, whose axes converge on Sri Pada, historically known as Samanthakuta.

The extraordinary precision of these alignments, she argued, raises profound questions about the scientific and surveying capabilities of ancient Sri Lankan civilisation.

“What kind of technology enabled them to achieve this?” she asked the audience.

Her purpose was not to offer speculative answers but to challenge deeply ingrained assumptions that ancient societies lacked scientific sophistication.

“We often underestimate what our ancestors knew,” she said. “Yet the evidence around us tells a very different story.”

That forgotten knowledge, she argued, extended well beyond engineering.

It shaped an entire philosophy of living with the landscape rather than imposing human will upon it.

Displaying photographs from archaeological sites including Ritigala, ancient monasteries and rock pavilions hidden within Sri Lanka’s forests, Jayewardene illustrated how builders carved steps around natural boulders, integrated structures into existing rock formations and preserved the contours of the land.

Modern construction, she suggested, would almost certainly have bulldozed those landscapes into submission.

“Our ancestors honoured the land,” she said. “They accepted the landscape instead of trying to conquer it.”

For Jayewardene, that principle remains the foundation of every project she undertakes.

She described environmental architecture as an exercise in listening rather than commanding.

Every site, she explained, possesses its own identity, ecological history and natural rhythm.

The responsibility of the architect is to understand that identity before attempting to intervene.

“The land tells you what it wants to become,” she said.

Throughout the presentation, one word repeatedly surfaced—context.

Without understanding context, she argued, architecture becomes little more than sculpture.

Good design cannot be copied indiscriminately from one country to another or even from one district to another.

Climate differs.

Rainfall differs.

Vegetation differs.

Wildlife differs.

Culture differs.

Even the stories associated with landscapes differ.

All of these, Jayewardene insisted, must shape architecture.

“When I speak about inhabitants, I don’t mean only human beings,” she explained.

“The birds, insects, reptiles, mammals, trees and every living organism already occupying that land must become part of the design equation.”

This broader understanding forms the basis of what she describes as non-human-centred design—an approach that rejects the notion that cities exist exclusively for people.

Instead, landscapes should provide refuge for biodiversity while simultaneously serving human communities.

It is an idea that resonates strongly at a time when rapid urbanisation continues to erode habitats across Sri Lanka.

Jayewardene also challenged prevailing attitudes towards development itself.

Too often, she argued, “development” has become synonymous with replacing natural systems by concrete infrastructure.

She questioned whether flattening hillsides, redirecting streams and clearing vegetation can genuinely be described as progress.

In her view, genuine development should first ask what ecological value already exists before deciding what should be built.

One of the simplest yet most profound examples she offered concerned water.

“I always say it is acceptable to interrupt water,” she remarked. “But never disrupt it.”

That distinction reflects an ecological understanding often absent from conventional engineering.

Natural drainage systems, she warned, perform countless functions that remain invisible until they are damaged.

Floods, soil erosion, biodiversity decline and even changes in local climate frequently follow.

“We disrupt far more than water,” she said. “We disrupt entire ecological relationships.”

Equally significant was her distinction between degraded brownfield sites and relatively untouched greenfield landscapes.

Brownfield sites require ecological restoration, rehabilitation and renewal.

Greenfield sites demand restraint.

Minimal intervention, she argued, is often the highest form of environmental design.

The keynote found an appropriate setting within Dilmah Conservation’s own efforts to restore degraded urban landscapes.

Earlier in the programme, Rishan Sampath of Dilmah Conservation outlined the organisation’s transformation of an abandoned industrial property in Moratuwa into a flourishing urban forest containing over 300 tree species and more than 1,000 individual plants.

Scientific studies conducted within the restored forest have already demonstrated improvements in air quality compared with adjoining urban roads, providing measurable evidence that biodiversity restoration can improve city life.

For Jayewardene, such initiatives represent far more than beautification projects.

They demonstrate that ecological restoration can become a guiding philosophy for future urban planning.

Her address ultimately became a call to rethink humanity’s place within nature.

Architecture, she argued, should no longer celebrate domination over landscapes.

It should celebrate coexistence.

Every building should strengthen biodiversity.

Every development should restore ecological balance.

Every designer should ask not merely how a project serves people, but how it serves life itself.

As the audience left the hall, they carried with them more than architectural ideas.

They carried a challenge

To question inherited assumptions.

To rediscover indigenous ecological wisdom.

And to recognise that Sri Lanka’s greatest contribution to global sustainability may not lie in importing new environmental models, but in rediscovering the timeless principles embedded within its own civilisation.

For Sunela Jayewardene, the future will not be secured by building more impressive skylines.

It will be secured when humanity learns once again to build gently, intelligently and respectfully—allowing architecture to become not an act of conquest, but an expression of coexistence.

By Ifham Nizam

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Colombia’s “back-to-back queen”

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Beyond modelling, Colombia’s Katherine Castaño, who captured the crown at the Top Model of the World 2026, in Egypt, is also a TV host, entrepreneur and social media influencer.

She’s based in Miami, Florida right now — a hub for fashion and influencer work — a city she calls home base, while representing Colombia on the world stage.

Her Miami base gives her access to fashion, entertainment, and business networks, while her title keeps Colombia front and centre in the global modelling conversation.

Off the runway, she says she enjoys singing, playing the piano, and tennis.

Katherine didn’t make the trip to Egypt as a newcomer. She’s built a strong international portfolio before winning the crown.

In fact, her résumé reads like a fashion passport: Colombia Moda, New York Fashion Week, Miami Swim Week, Miami Fashion Week, Nicaragua Diseña, IXEL Moda, and Mercedes-Benz San José.

On June 8, 2026, Katherine Castaño was crowned by outgoing winner Natalia Garizabal Vera, also of Colombia. That gave Colombia a historic back-to-back victory — the first time any country has done it in the competition’s history, and Colombia’s 4th win overall.

As Top Model of the World 2026, Katherine’s reign is centred on elevating her profile as a model, influencer, and entrepreneur.

She’s built a personal brand around beauty, ambition, style, and professionalism, with strong reach across fashion, social media, and business.

As titleholder, she’s now the face of the pageant’s international fashion platform, representing Colombia globally, while based out of Miami.

Ahead of the competition she was clear about the stakes: “This is bigger than me. This is for my country. This is for the story I’m here to write… And I’m not going quietly… we’re going for that back to back.”

As the reigning titleholder, Katherine Castaño’s role extends far beyond the sash. She’s using the platform to grow her brand as a model, influencer, and entrepreneur rooted in “beauty, ambition, style, and professionalism”.

She will also be doing runway shows, photoshoots, brand appearances, and fashion events.

Sri Lanka’s representative at this pageant was NetalieWithanage.

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