The Pulling and Pushing at GENEVA

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There are 10 items in agenda of the 25th UNHRC sessions from March 3 to 28.  They are: Organizational and procedural matters; Annual Report of the United Nations High Commissioner for Human Rights and Reports from the office of the High Commissioner and the Secretary-General; Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including right to development; Human Rights situations that require the council’s attention; Human Rights bodies and mechanisms; Universal Periodic Report; Human rights situation in Palestine and other occupied Arab countries; Follow-up and implementation of the Vienna Declaration and Programme of Action; Racism, racial discrimination, Xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action and Technical assistance and capacity-building.

"The third draft resolution was revised for the second time on March 14 stating: “UNHRC takes note of the High Commissioner’s recommendations and conclusions regarding on-going human rights violations and the need for international inquiry mechanisms...To lead a comprehensive investigation into alleged serious violations and human rights and related crimes by both parties.” the original resolution had been re-phrased by adding the word “serious” before the words, “crimes committed by both parties”.

On March 3, the third draft resolution against Sri Lanka’s Human Rights situation was jointly tabled at the UNHRC by Britain, the US, Mauritius, Macedonia and Montenegro. It urges the Office of the UN High Commissioner for Human Rights to lead an international investigation and to report back by March next year. There are several resolutions mentioned in the draft with the most serious being the call for an International investigation. The other resolutions can be managed and solved through a domestic mechanism.  After the distribution of this draft resolution to UNHRC members, fruitful negotiations began among them on several levels.



Two main meetings were held to discuss this draft with one meeting among Asia-Pacific members -- Sri Lanka’s main vote bank for this resolution. At this meeting Japan and Vietnam supported Sri Lanka. In principle India is against any “country-specific resolution” but there is no assurance or guarantee that it will vote in favour of Sri Lanka on March 26. Another trend that has emerged is that countries supporting Sri Lanka at the UNHRC were being highly pressured by the West and one good example is Vietnam.   The second meeting was held on March 15 where non-aligned countries met to discuss the situation. The UNHRC has 33 non-aligned countries out of a total of 47. If these countries think in a more positive way there is still time for Sri Lanka to convince them to vote against this resolution.

"It is very important to seek the support and assistance from South African Officials because they can influence the other African countries in the region"

The third draft resolution was revised for the second time on March 14 stating: “UNHRC takes note of the High Commissioner’s recommendations and conclusions regarding on-going human rights violations and the need for international inquiry mechanisms...To lead a comprehensive investigation into alleged serious violations and human rights and related crimes by both parties.” the original resolution had been re-phrased by adding the word “serious” before the words, “crimes committed by both parties”. India also included its concerns in the revised draft and provided for seeking Sri Lanka’s concurrence for action by the UN Rights Commissioner’s office to let Sri Lanka avail the advice and technical assistance on implementation of the technical aspects of the resolution. More changes are likely to the resolution before being put to vote later this month. Sri Lanka has described the UNHRC’s adoption of the resolution as arbitrary and intrusive of its sovereignty.




 After the revision the eighth resolution reads as, “… Welcomes Takes note of the High Commissioner’s recommendations and conclusions regarding on-going human rights violations and on the need for an independent and credible international inquiry mechanism in the absence of a credible national process with tangible results and requests the Office of the High Commissioner:
a) To continue to monitor the human rights situation in Sri Lanka and assess progress toward accountability and reconciliation, on relevant national processes;




b) to lead a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka and establish the facts and circumstances of such violations and of the crimes committed with a view to avoiding impunity and ensuring accountability, with input assistance from relevant experts special procedures mandate holders as appropriate,;
c) to present an oral update to the Human Rights Council at its twenty-seventh fourth session, and a comprehensive report followed by a discussion on the implementation of the present resolution at its twenty-eighth fifth session.
Currently there are two commissions of Inquires appointed by UNHRC against the Republic of Korea and Syria. The Commission of inquiry report on the Republic of Korea has already been submitted to UNHRC by its President former Australian High Court Judge Micheal Kirby. Also there is a discussion to pass a resolution against Myanmar in this session about allegations levelled on attacking minority religious groups.




With regard to Sri Lanka’s position if the revised draft resolution further becomes tough in future we can seek many votes and the potential to win because other developing countries also think that they may face a similar situation like that of Sri Lanka in future. One must also remember that if countries supporting Sri Lanka stay away on the day of voting under Western influence then the situation can turn problematic, likewise if this resolution is softened up then countries may not support Sri Lanka because they will see it in an ordinary way. It is very important to seek the support and assistance from South African Officials because they can influence the other African countries in the region. In the meantime South Africa has appointed an envoy to look into Sri Lanka’s situation especially in the perspective of a Truth and Reconciliation Commission.

"With regard to Sri Lanka’s position if the revised draft resolution further becomes tough in future we can seek many votes and the potential to win because other developing countries also think that they may face a similar situation like that of Sri Lanka in future."

There are many side-line events taking place parallel to the UNHRC sessions. In the second week there was a massive demonstration outside the UN complex by the Tamil Diaspora to gain support for the resolution and in the same week there was another peaceful sathyagraha by Buddhist Monks against the resolution and more demonstration will begin in the second and third weeks. There was also another Channel-4 video released on sexual harassment.
Sri Lanka must commit itself to implement the LLRC recommendations and the National Human rights Action Plan as a means of persuading UNHRC-member countries to vote in favour of Sri Lanka at the final session.