Open Letter to Embassies in Geneva By SPUR

Posted by On March 12, 2021 0 Comment

The Society for Peace, Unity and Human Right of Sri Lanka, SPUR of Australia has openly written to 46 members of permanent missions in Geneva about the draft resolution issued against by the High Commissioner of UNHRC.

The SPUR has highlighted that  High Commissioner –UNHRC’s report and requested  to exercise use their vote so as to avoid Sri Lanka being marginalized and pushed over the line to a state of instability by giving space to Sri Lanka observations based on questionable sources and by providing opportunity for the former colonial forces within Sri Lanka Core group to working towards a ‘regime change’ disputing the expectations of over 67% of the Sri Lankan voters who voted the present government  to power in 2020.

The full text of the letter issued by the SPUR is as follows;

Dear Sirs,

Pls note our comments re HIGH COMMISSIONER -UNHCR REPORT and request you to exercise your vote so as to avoid Sri Lanka being marginalized and pushed over the line to a state of instability by giving space to her observations based on questionable sources and by providing opportunity for the former colonial forces within Sri Lanka Core group to working towards a ‘regime change’ disputing the expectations of over 67% of the Sri Lankan voters who voted the present govt to power in 2020.

PLEASE GIVE CONSIDERATION TO THE FACT THAT THE CONSITITUTION IS SUPREME AND THE OTHER COUNTRIES AND THE NATIONS SHOULD NOT ATTEMPT TO INTERFERE IN THE DOMESTIC ISSUES OF SRI LANKA IN AN EFFORT TO IMPLEMENT A SYSTEM OF ONE SIDEDED PROGRAM IN SRI LANKA.

PLEASE SUPPORT SRI LANKA.

 Thanking you

 RANJITH SOYSA

Spokesperson   

 12th March 2021 

S. No Core Group Proposal Our Comments
1 Welcomes the oral update presented by the United Nations High Commissioner for Human Rights to the Human Rights Council at its forty-third session and the report of Office of the United Nations High Commission for Human Rights presented to the Council at its forty-sixth session;1

1 A/HRC/46/20.
2 Also welcomes the positive engagement between the Government of Sri Lanka and the Office of the High Commissioner between 2015 and 2019, urges the continuation of such engagement, and calls upon Sri Lanka to implement the recommendations made by the Office;

 

 This comment is to mention the former government which accepted the dictates of the former Colonial powers to pawn the Constitution of Sri Lanka and accept UNHCR ‘s intrusive conditions
3  Acknowledges the progress made by the Office on Missing Persons and the Office for Reparations, and stresses the importance of maintaining support for these institutions, safeguarding their independent and effective functioning, providing both offices with sufficient resources and technical means to effectively fulfil their mandates, allowing them to proceed with interim relief measures for affected vulnerable families, with a gender focus, and resolving the many cases of enforced disappearances so that the families of disappeared persons can know their fate and whereabouts However, HRC’s High Commissioner accused that one anti-OMP person has ben appointed as head of the OMP which violates the sovereign rights of Sri Lanka.
4  Stresses the importance of a comprehensive accountability process for all violations and abuses of human rights committed in Sri Lanka, including those by the Liberation Tigers of Tamil Eelam, as highlighted in the comprehensive report of the Office of the High Commissioner on Sri Lanka;2

2 A/HRC/30/61.

 

 It mentions LTTE but does not mention that the LTTE was mainly responsible for killing the innocent people who are included in the missing people’s list, Sri Lanka Government was forced to fight the LTTE who waged war against the legally elected Government
5  Notes the persistent lack of accountability of domestic mechanisms, and regrets that the domestic commission of inquiry announced on 22 January 2021 lacks independence and does not include a mandate to pursue accountability for past gross violations of human rights, or for serious violations of international humanitarian law;

 

 

 It accused lack of progress of credible domestic mechanism,

which is a complex task First, we need agreement on the missing persons not the narrative of the pro -LTTE fronts/NGOs and the Western commentators .
6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Recognizes the importance of preserving and analysing evidence relating to violations and abuses of human rights in Sri Lanka with a view to advancing accountability, and decides to strengthen the capacity of the Office of the High Commissioner to consolidate,

analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law, to advocate for victims and survivors, and to support relevant judicial proceedings in Member States with competent jurisdiction;

 

 Evidence had been gathered through OISL and POE stages.

But, the lacks of authenticity of the figures have made it a mockery.

It is up to them to reach the acceptable figures/realistic figures  and advise SL Govt.

 

Moreover, GOSL should strongly reject and should not agree with this proposal; this IIIM is what diaspora wants to prosecute our soldiers in the future for so called war crimes which never taken placed.

 

Have, ever UNHRC used or adopted this mechanism for any other county?
7 Expresses serious concern at the trends emerging over the past year, which represent a clear early warning sign of a deteriorating situation of human rights in Sri Lanka,

 

including the accelerating militarization of civilian government functions;

 

 

 

the erosion of the independence of the judiciary and key institutions responsible for the promotion and protection of human rights;

 

ongoing impunity and political obstruction of accountability for crimes and human rights violations in “emblematic cases”; policies that adversely affect the right to freedom of religion or belief;

 

 

surveillance and intimidation of civil society, and shrinking democratic space; arbitrary detentions; alleged torture and other cruel, inhuman degrading treatment or punishment, and sexual and gender-based violence; and that these trends threaten to reverse the limited but important gains made in recent years, and risk the recurrence of policies and practices that gave rise to the grave violations of the past;

 This is clear attack on the newly elected  government without any solid evidence but a ploy for regime change in Sri Lanka.

 

 

This is an internal matter for sovereign country. US and other countries has similar appointments.

 

Accusations without any solid evidence but to play the geopolitics.

 

 

Just accusations without any base. These accusations are based on the reports submitted by various anti-Sri Lanka NGOs and minority groups.

 

 

These are standard accusations for third world and African countries without any solid evidence but to play the geopolitics.

 
8 Expresses further concern that the coronavirus disease (COVID-19) pandemic has had an impact on freedom of religion or belief and exacerbated the prevailing marginalization of and discrimination against the Muslim community, and that the decision made by the Government of Sri Lanka to mandate cremations for all those deceased from COVID-19 has prevented Muslims and members of other religions from practicing their own burial religious rites, and has disproportionately affected religious minorities and exacerbated distress and tensions; This has been addressed and closed.

 

The previous decision had been taken based in the scientific   back ground.

 

The new decision for burial has also given based on the scientific   back ground and guidelines.
9  Calls upon the Government of Sri Lanka to ensure the prompt, thorough and impartial investigation and, if warranted, prosecution of all allegations of gross human rights violations and serious violations of international humanitarian law, including for long-standing emblematic cases;

 

 When Sri Lankan government conducting  domestic mechanism UN is accusing it is lack of progress of credible domestic mechanism – this is a double standard of UNHRC.

 
10 Also calls upon the Government of Sri Lanka to ensure the effective and independent functioning of the Human Rights Commission of Sri Lanka, the Office on Missing Persons and the Office for Reparations It is functioning impartially.

The former head of OMP is now President of Bar Association of Sri Lanka and former head of HR Commission of Sri Lanka is an active participant of the reconciliation process.
11 Further calls upon the Government of Sri Lanka to protect civil society actors, to investigate any attacks and to ensure a safe and enabling environment in which civil society can operate free from hindrance and insecurity and threat of reprisals;

 

 It should be distinguished from civil society actors and promoters and glorifying of terrorism, separatism and division among the community within and outside of Sri Lanka.

 

The majority of so called these Civil Society Actors are involving themselves with above adverse activities against Sri Lanka.
12 Requests the Government of Sri Lanka to review the Prevention of Terrorism Act, and to ensure that any legislation on combating terrorism complies with the State’s international human rights and humanitarian law obligations;

 

 This can be done gradually but there was an armed attack in Sri Lanka in 2019 too.

 

Even, the former pro-West government did not amend the PTA and it in fact helped to deal with the 2019 Easter Sunday Attack.
13 Urges the Government of Sri Lanka to foster religious freedom and pluralism by promoting the ability of all religious communities to manifest their religion, and to contribute openly and on an equal footing to society;

 

 

 It is the current status of Sri Lanka.

 

There are no discriminations to any religions while giving the foremost position to the Buddhism which being practiced by 78% of the population.
14 Encourages the Government of Sri Lanka to continue to cooperate with the special procedures of the Human Rights Council, including by responding formally to outstanding requests from them;

 

 This can be complied subject to no conflict with the Constitution of Sri Lanka.

 

No hybrid Courts or international judges- it shall be based on local mechanism with local judges.

 

No Federalism

No full implementation of 13th amendment that no Police, Land and judiciary powers to the Provinces
15 Encourages the Office of the High Commissioner and relevant special procedure mandate holders to provide, in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical assistance on implementing the above-mentioned steps;

 

 Subject to the Constitution of Sri Lanka and no undue interference to a sovereign nation.
16  Requests the Office of the High Commissioner to enhance its monitoring and reporting on the situation of human rights in Sri Lanka, including on progress in reconciliation and accountability, and to present a written update to the Human Rights Council at its forty-ninth session, and a comprehensive report that includes further options for advancing accountability, at its fifty-first session, each to be discussed in the context of an interactive dialogue. This can be complied with by activating the Local Mechanism subject to Constitution of Sri Lanka and no undue interference to a sovereign nation.

 

Having, our own credible mechanism we should be able to handle all of these.



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