NPC urges enforcement of Resolution 30/1 by a ‘Toothless UN Human Rights Council’
The Northern Provincial has called on the UN Human Rights Organization to refer the case against Sri Lanka Government ‘to an International judicial mechanism.’
It is highly unclear of what sort of ‘International judicial mechanism’ the Northern Provincial Council was referring about?
Northern Provincial Council recently adopted a Resolution No R/88/2017/355 at its sittings held on 14.03.2017, against Sri Lanka Government for not have taken any meaningful steps to implement its own commitment to establish an impartial credible mechanism, but has stop short of what sort of International judicial mechanism – lacks clarification, it was speaking of.
The Northern Provincial Council has openly expressed its disappointment, frustration and condemnation on the part of the Government of Sri Lanka which failed to take meaningful and acceptable steps to implement Resolution 30/1 titled “Promoting reconciliation, accountability and Human rights in Sri Lanka” has called for to UN Human Rights Organization to refer the case to an International judicial mechanism.
In one of my earlier reports, I clearly pointed out that, “In fact, the UN HRC has no powers of enforcement. Its resolutions only carry a moral weight, particularly if the target country has cosponsored a resolution. But there is no mechanism for enforcing them. The UN HRC was intended to assist countries to improve their human rights performance not to act as a global human rights enforcer.
As UNHRC was intended to assist countries to improve their human rights performance not to act as a global human rights enforcer, therefore it was unclear of “establish an impartial credible mechanism has stop short of what sort of International judicial mechanism,” Northern Provincial Council is mentioning in its resolution.
Whilst UN Human Rights Council cannot enforce any resolutions adopted in the Council, the Chairman of the Northern Provincial Council, C.V.K. Sivagnanam, has forwarded the resolution adopted by the NPC with regard to the UNHRC Resolution 30/1 Co-sponsored by Sri Lanka in 2015, to the UN High Commissioner for Human Rights, Prince Zeid Ra’ad Al-Hussein.
The Resolution, which was sponsored by TNA council member M.K. Shivajilingam, and was adopted by the Northern Provincial Council at its sittings held on Tuesday (March 14).
Since Sri Lanka being unable or unwilling to implement its own commitment, this Council calls upon the UNHRC to refer the case to an International judicial mechanism;
Resolution No: R/88/2017/355
“In reference to UNHRC Resolution 30/1 Co-sponsored by Sri Lanka in September 2015 Sessions
Recalling that the Government of Sri Lanka was a co-sponsor and signatory to the Resolution 30/1 titled “Promoting reconciliation, accountability and Human rights in Sri Lanka” at the UNHRC session in Geneva in September 2015, committing itself to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law ,as applicable and affirming that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also affirming in this regard the importance of participation in a Sri Lankan Judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defense lawyers and authorized prosecutors and investigators;
Noting with concern that the Government of Sri Lanka has not taken any meaningful steps to implement its own commitment to establish an impartial credible mechanism;
Recognizing that the victimized Tamil people do not have any confidence on any domestic judicial mechanism that does not contain majority of foreign judges, lawyers, prosecutors and investigators;
The Northern Provincial Council of Sri Lanka resolves that:
1. The Government of Sri Lanka has not taken adequate measures to fully implement the Resolution 30/1 that it co-sponsored at the UNHRC Session in September 2015, especially with regard to the accountability, establishment of a Commission for truth, reconciliation; non–recurrence of oppression, return of lands to its rightful civilian owners and an office of reparation
2. The Government of Sri Lanka has not taken any meaningful steps for a credible justice process and an accountability mechanism that it had accepted, promised and committed to the UNHRC and to the International Community.
3. Since Sri Lanka being unable or unwilling to implement its own commitment, this Council calls upon the UNHRC to refer the case to an International judicial mechanism;
4. This Council emphasizes that without truth, justice and an equitable political solution, neither reconciliation nor permanent peace is possible in Sri Lanka;
5. This Council calls upon the UNHRC and the International Community to require Sri Lanka to agree to an International accountability mechanism, ratify the Rome Statute as recommended by the OHCHR investigation on Sri Lanka (OISL) Report of September 2015 and offer the Tamils a political solution with the Mediation of the UN;
6. Recognizing that the Tamil People are a Distinct Nation with their traditional homeland in the contiguous North–East region of Sri Lanka, and they are entitled to self–determination, the Government of Sri Lanka must offer the Tamils an equitable political solution which at the minimum shall consist of the merged Northern and Eastern Provinces offering full and complete federalism with explicit declaration and recognition of such system in the Constitution.”
- Asian Tribune –