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)
Opinion
Rethinking our attitude towards three-wheeler industry
by Sampath Perera
An ordinary journey through Colombo raises uncomfortable questions about road discipline, passenger safety and our tendency to judge motorists by the vehicles they drive.
It was a little past noon when I finished attending a court matter and remembered that I had to visit a nearby bank before returning to my other work. The bank was hardly a kilometer away, a distance I would normally have walked without giving it much thought. However, anyone who has walked through Colombo in formal court attire under the scorching midday sun would appreciate why I was reluctant to do so. Taking my own vehicle was not particularly appealing either, as finding a parking space near a bank during business hours can sometimes take longer than the transaction itself.
After considering my options, I decided to take a three-wheeler, a perfectly ordinary decision that unexpectedly left me reflecting on the way we judge those who drive them. Within minutes, I was seated in the rear, travelling through the usual Colombo traffic. It was convenient, reasonably priced and saved me the trouble of searching for parking or arriving at the bank drenched in sweat. As we approached a busy junction, however, a car suddenly cut across our path without any indication. Its driver appeared determined to squeeze into a narrow gap, apparently unconcerned about the vehicles already occupying the road. Our three-wheeler driver immediately applied his brakes, throwing me slightly forward in my seat. Fortunately, he reacted quickly enough to avoid a collision, while the car continued on its way as though nothing unusual had happened.
The incident itself was hardly extraordinary by Colombo’s standards, but it made me consider how differently we might have reacted had the situation been reversed. If a three-wheeler had suddenly cut across a car in the same manner, the driver would probably have been subjected to angry horns, harsh words and the familiar accusation that three-wheeler drivers have no respect for road rules. Yet when someone driving a comfortable, air-conditioned car behaves just as irresponsibly, we tend to treat it as another unpleasant encounter in traffic. It seems that, in our public discussions about road discipline, the seriousness of an offence sometimes depends not so much on what a driver does, but on the vehicle he happens to be driving.
This is not an attempt to portray three-wheeler drivers as innocent victims of unfair criticism. Anyone who regularly travels on Sri Lankan roads knows that some drivers behave recklessly, stopping without warning, making dangerous U-turns, disregarding traffic signals and squeezing through gaps that sensible motorists would avoid. Such conduct deserves criticism and, where appropriate, legal action. Nevertheless, it would be equally dishonest to pretend that these practices are confined to three-wheelers. A few minutes spent observing traffic at a busy Colombo junction would reveal expensive cars changing lanes without indicating, SUVs obstructing pedestrian crossings, motorcycles weaving dangerously between vehicles and buses stopping wherever passengers signal them to do so.
What is troubling is our tendency to turn the misconduct of an individual three-wheeler driver into an indictment of an entire profession. A badly parked three-wheeler becomes another example of everything wrong with the industry, while a luxury car obstructing a pavement is generally treated as the irresponsible conduct of its particular driver. Perhaps this difference in perception has become so familiar that we rarely question it. Yet the law makes no distinction between an illegally parked vehicle costing several million rupees and one purchased through a modest leasing arrangement. Both can obstruct traffic, inconvenience pedestrians and create dangerous situations for other road users.
There is also considerable irony in our relationship with three-wheelers. We complain about their presence on the roads, accuse them of contributing to congestion and criticise the behaviour of their drivers, but the moment we need to reach somewhere quickly, avoid a parking problem or transport an elderly relative to a nearby hospital, we often turn to the very vehicles we complain about. In many rural communities, where public transport remains inadequate, three-wheelers provide an essential connection between homes, hospitals, markets and bus routes. Their contribution to everyday mobility is difficult to dismiss, particularly for people who cannot afford private vehicles or have limited transport alternatives.
The driver who took me to the bank that afternoon was simply earning his living. For him, the three-wheeler was not a symbol of traffic disorder or a subject for public debate, but a means of supporting himself and possibly a family. He had provided a useful service and, when confronted with another motorist’s carelessness, demonstrated the kind of defensive driving that we should expect from everyone using our roads. By the time I paid the fare and stepped out near the bank, I found myself wondering whether our criticism of three-wheelers sometimes says as much about our own prejudices as it does about genuine concerns over road safety.
That question becomes particularly relevant when we consider one of the strongest arguments made against three-wheelers: passenger safety. There is no denying that a conventional three-wheeler offers considerably less protection in a collision than a modern passenger car equipped with airbags, seat belts and a reinforced passenger compartment. Its lightweight construction and limited structural protection expose occupants to risks that should never be underestimated. But acknowledging those limitations is quite different from suggesting that such vehicles have no legitimate place on our roads. If the absence of a protective passenger compartment is sufficient reason to question a vehicle’s acceptability, we must also consider motorcycles and bicycles, whose riders are even more exposed to the consequences of a collision.
A motorcyclist has little protection beyond a helmet and appropriate riding equipment, while a cyclist has neither airbags nor a surrounding metal structure to absorb the impact of an accident. Pedestrians are more vulnerable still, particularly on roads where pavements are obstructed or entirely absent. Yet nobody would seriously argue that walking or cycling should be discouraged simply because these activities involve greater physical exposure. The sensible response is to improve road conditions, regulate speeds, strengthen vehicle standards and ensure that motorists respect vulnerable road users. The World Health Organization has consistently emphasised this broader approach to road safety, recognising that pedestrians, cyclists and motorcyclists account for a substantial proportion of road traffic deaths worldwide.
The comparison does not mean that all vehicles are equally safe, nor should it be used to minimise the genuine risks associated with three-wheelers. Different vehicles offer different levels of protection, and their safety depends on design, maintenance, speed, road conditions and the circumstances of a collision. However, there is something fundamentally flawed in assuming that a vehicle becomes unacceptable merely because it cannot provide the protection available in a modern car. If that were the standard, we would have to reconsider the place of several widely used forms of transport. More importantly, we would risk overlooking the responsibility of drivers whose behaviour can turn an otherwise ordinary journey into a dangerous encounter.
There is an equally questionable assumption that travelling in a larger or more expensive vehicle somehow reflects greater responsibility on the road. A modern car may provide better protection to its occupants, but its safety features cannot compensate for the arrogance or carelessness of the person behind the steering wheel. An SUV equipped with advanced braking systems and multiple airbags can still be driven recklessly, and its greater weight may increase the danger to pedestrians, cyclists and smaller vehicles in certain collisions. Road safety cannot therefore be measured solely by how effectively a vehicle protects its occupants. It must also consider the risks that vehicle presents to everyone else sharing the road.
Perhaps what we need is a more balanced understanding of road safety, one that recognises the limitations of three-wheelers without turning their drivers into convenient villains. There is every reason to demand better vehicle standards, responsible driving and stronger enforcement, but those expectations must apply equally to motorists operating cars, buses, motorcycles and commercial vehicles. A reckless driver does not become less dangerous because he is seated inside an expensive car, just as a responsible three-wheeler driver should not be treated with suspicion merely because his vehicle has one wheel fewer.
The experience of that afternoon reminded me that our roads are shared public spaces, not a hierarchy determined by the price, size or appearance of the vehicles using them. The three-wheeler that took me to the bank served a practical purpose, while the driver of a more expensive vehicle created the only dangerous moment of the journey. It would be unreasonable to draw conclusions about all car drivers from that single incident, just as it would be unfair to judge an entire profession by the misconduct of a few three-wheeler drivers. If we genuinely want safer roads, perhaps we should begin by judging people according to how they drive rather than what they drive.
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Sampath Perera, LL.M. (UK), is an Attorney-at-Law and former Commissioner of the Office on Missing Persons (OMP). He has served as Legal Adviser to the Ministry of Justice and the Ministry of Higher Education.
Opinion
The Balance of power The valiant, the vain and the villain
by Bishop Duleep de Chickera
The Valiant
Centuries ago, the intervention of a Persian king, restored a degree of balance of power in the West Asian region. In the 6thc, BCE, Cyrus the Great of Persia, put a stop to the aggressive expansionism of the Babylonian empire and set the exiled Jews free.
After Cyrus’s death, his successor Darius was made aware of his predecessors’ plans to do even more. Commissioning some competent Jews, he fulfilled Cyrus’s intentions by restoring the ravaged city of Jerusalem and its venerated temple.
The Jews were overwhelmed. They would remember the valiant one who revived the essence of their nationhood. And so, the story of Cyrus the Persian, acknowledged as the ‘Anointed Deliverer’, the ‘Messiah’, came to be etched in the Jewish Scriptures (The Bible-Ezra 1- 6:15, Isaiah 44: 28, 45: 1-13).
Empire and Empires
This stirring story impacted Christianity as well. As former Jews, the earliest Christians were familiar with the hardship experienced under Babylonian imperialism. This led to the secret identification of the then brutal Roman Empire, as ‘Babylon’. The pseudonym worked so well that some Christian writings and communities applied it to other marauding forces that crushed peoples and looted their lands.
Vain politics
Today the world witnesses an ironic alliance of relentless bullying between the progeny of ‘Babylon’ and Jew. Together the US and Israel do to others what Babylon did to the Jews, and what their Book tells the Jews they are never to do to others.
The alliance’s agenda is straightforward. While one randomly ridicules and threatens sovereign nations, the other is quick to fabricate evidence that leads to the decimation of infants, children and unarmed civilians; all on the pretext of self-defence. Thereafter, security zones carved out on other people’s property mock what is left of International law, ‘friendly’ nations are intimidated into buying killing devices at thumping profits and military bases emerge on these territories in exchange for protection. The war with Iran, Cyrus’ Persia of today, is integral to this agenda.
Enter the villain
Iran, one of the most ancient and advanced civilisations of the world, has since its Islamic revolution of 1979 come under a despotic theocratic governance. It has crushed internal dissent and the clamour for participatory governance among its own people, prevented the growth of democratic institutions, trained and financed para-military forces to resist Israel’s settler colonialism and challenged the influx of western interests in the region. In return Iran has been relentlessly caricatured as global villain and subject to the wrath of the western mind- set and its propaganda industry.
The campaign to demonise Iran has been so clever that many of her neighbours who share a long cultural history, stand shoulder to shoulder today with vain intruders bent on crushing the only nation it cannot subdue, in a region they have no business to meddle in.
The nerve to be
Wars do strange things. They slaughter good men and women on all sides, cause chaos and misery wherever it spreads and never stops to explain to the children who survive, that this madness was simply to satisfy the egos of the vain.
But wars also change human perception. And there are signs that the current war on Iran, (It must never be the ‘Iranian war’, as it should never have been the ‘Korean war’, the ‘Vietnam war’, the ‘Afghanistan war’ and so on), is changing global perception.
Slowly, the devious stereotype of global saviours versus regional villain, is being redefined. While the hard questions on participatory, good governance must remain to haunt and transform Iran, the villain is now being acknowledged, however grudgingly, as the one nation that refused to back down in the face of global bullying. This too at tremendous personal cost to the lives of its people, infra-structure and future stability. In a world of cowardly political expediency, costly resistance attracts attention; even admiration.
There is more. The resilience of the vilified villain in the current war appears to have strengthened the nerve of the repeatedly humiliated European and British allies of the alliance, who at last learnt to say ‘no’. A first, to an ‘order’ to join an unprovoked and senseless far away war, backed with a second, when pressed to police the Straits of Hormuz. Typical of handling the playground bully, all it takes is for one little girl to hold her ground.
It does not stop here. Sheer desperation at Iran’s unsettling tenacity shamelessly drove Babylon into the arms of other neutral powers that it repeatedly ridicules and badgers with threats of tariffs and more tariffs. Regardless of a sudden demonstration of charming diplomacy, these nations would have no part in twisting Iran’s arm. Some instead, seized the opportunity to address Babylon on its arbitrary violation of International Law and warned it to refrain from global bullying. Since then, there have been less threats on the annexation of Greenland and interference in Cuba’s internal affairs.
The right balance
Like war does, resistance to war also does strange things. While the refusal to yield stimulates active defiance among some, and strongly worded objections from others, the outcome of the current conflict is hugely unpredictable. An independent, safe and stable region, made up of independent, safe and stable nations, is many, many courageous interventions and many, many wise negotiations away.
But one thing is clear. Isolated from its traditional allies, subject to straight talk from neutral nations and under growing pressure from saner elements at home, the vain find themselves uncomfortably seated as equals at one table. Here, Iranian geo- political strategies coupled with a measured readiness to return to arms in the event that table agreements are violated, will hold them; but for a while.
Given this footpath to a balance of power that Cyrus’s Persia of today has paved, it is now left to all who value the sovereignty and dignity of all nations, theirs included, and the indispensability of International law, to step out and help steer this momentum.
In the event that this happens, dismantling the visible acts of global bullying alone, will not be enough. The impulse of this crime, flourishing brazenly in the big businesses and assembly halls in the big cities of the world, and more subtly tucked away in the fabric of reputed places of learning, religiosity and leisure, will also have to be called out and neutralised.
Postscript
At the time of writing, a humanitarian crisis looms over Lanka’s southern seas. Historically renowned for her spontaneous hospitality even in the worst of times, Lanka finds herself constrained from responding to the desperate cries for supplies; water, food and fuel, from a stranded fleet of Commercial ships, simply because they fly the Iranian flag. Regrettably, Babylon’s typical threat of sanctions appears to be driving our economically vulnerable Island nation, to the brink of compromising our time tested right to be humane.
With peace and blessings to all
Opinion
Future of world religions
I refer to Dr Upul Wijayawardena’s recent letter on science and religion. I agree with him on the fate of religions in the modern world and would like to add the following observations on the evolution of religion and the advent of AI.
Religious philosophy evolved only in ancient India while it remained static with monotheism in other parts of the world. When the polytheistic Vedic religion arrived with Aryan migration to India, they found the ancient version of Jainism, which may have been practised over four thousand years as evidenced by some figures in meditation posture found in Mohenjo daro. By that time the indigenous religion had already abandoned the creator god or gods but still believed the mind as a permanent entity athman that survived death and continued in a cycle of reincarnation (samsara) due to results of any harmful action (kamma) even unintended performed in life collected in the athman. Salvation to a happy all-knowing permanent state named Kevala could be attained by the athman with extreme degree of self-mortification to destroy the past kamma attached to it, refraining from new kamma and developing the mind by meditation. As observed in progression from Veda to Upanishads the Aryan religion, evolution progressed with adoption of kamma, the cyclic existence of samsara, meditation and ethical behaviour in addition to prayer and sacrifice they practised for moksha.
The Buddha appeared in this philosophical atmosphere and denied both creator god and a permanent entity of athman. His psychology describes human behaviour based on the mind as a stream of changing consciousness. However, he accepted the cyclic existence of samsara; he said he verified the survival of consciousness at death with help of knowledge he gained from meditation. He prescribed a middle path to attain nirvana, a permanent state of happiness, avoiding self-mortification and redefined kamma to intentional activity only, both ethical and unethical resulting in bad and good results. He disagreed with the idea of kamma as the cause of rebirth. Following the Buddha, Vedantha religion reformed god to universal athman or brahman and evolved to modern Hinduism with a mixture of polytheism.
In his description of living beings in the universe, the Buddha has described some with a body made of fine material (brahma beings) in comparison to the gross material body of human and animal beings. One may assume the brahma body may not be carbon based.
The Buddha has also described living beings with physical body only (asannasatta) and another variety with mind only without a body (arupa satta). Therefore, it is not surprising to Buddhists that AI may evolve to become living beings if it develops a readily and freely available mobile source of energy and takes over the world with its superior capacity. AI already has information about Buddhist psychology. With that knowledge ‘AI beings’ may even become Buddhists not given to rituals.
According to the Buddha, brahma beings and asannasatta beings have very long lifespans as their bodies are not subject to decay and illness human beings develop. The new AI beings also may live as long as they wish because they may be able to repair themselves in case of developing physical defects. They would need only ethical behaviour to avoid destroying themselves by peaceful existence if they took over the world, as feared in some quarters.
However, as long as human beings exist in the world with death and uncertainty of what happens after death, they need a religion and rituals to give them psychological support. Even those who profess death is the end of life may have some doubt troubling their mind from time to time and may think of religion in times of adversity.
Ideally, human beings are free to accept one of the many versions of religious philosophies and respect each other’s choice and live in harmony. Unfortunately, extreme degrees of religious versions that cause division, unrest and violence will always continue to exist together with religions in the world.
Upali Abeysiri
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