Global Tamil Forum calls for a strong resolution on Sri Lanka at the UN Human Right Council reflecting the recommendations of the High Commissioner’s Report 

The Global Tamil Forum (GTF) welcomes the Comprehensive Report of the United Nations High Commissioner for Human Rights on the ‘Situation of human rights in Sri Lanka’, released on 6 September 2022 and calls upon the member countries of the United Nations Human Rights Council (UNHRC) to adopt a new resolution reflecting the recommendations of the report. 

For the Tamil people who have suffered enormously during the war, and indeed for the victims of human rights violations from all communities who are denied accountability and justice in Sri Lanka, the UNHRC has consistently provided much needed hope. The role played by the Office of the High Commissioner for Human Rights (OHCHR) is crucial in this regard. GTF expresses its sincere appreciation to Michelle Bachelet for her exemplary service as the High Commissioner till last month and welcomes the new High Commissioner Volker Turk in this important role. 

Economic crisis 

It is clear from the High Commissioner’s report that the unprecedented economic crisis in Sri Lanka has its roots firmly in its long history of unaccountable governance associated with the ethnic conflict and war. The report argues that ‘deepening militarisation and lack of transparency and accountability in governance have embedded impunity for serious human rights violations and created an environment for corruption and the abuse of power.’ For the first time related to Sri Lanka, the UN review recommends ‘investigation of economic crimes that impact on human rights and the tracing and recovery of stolen assets.’  

The High Commissioner’s report also recognises the opportunity provided by the economic crisis, to charter a new path spurred by broad-based demand by all communities for deeper reforms and accountability. And the report recommends ‘a more fundamental constitutional reform through broad-based consultative process to strengthen democratic checks and balances and devolution of political authority, which is integral to reconciliation and the full enjoyment of human rights by all members of its population. 

However, the report is highly critical of the hard-line approach taken by the Ranil Wickremesinghe government – including continued usage of the Prevention of Terrorism Act (PTA) to detain student leaders and to continue to detain long-term Tamil and Muslim prisoners, despite years of promises to repeal, and rescinding on the recent commitment to a de facto moratorium on its use. And the report calls to immediately end the reliance on draconian security laws to crack down on peaceful protests, reverse the drift towards militarisation and to show renewed commitment to deliver on security sector reform and ending impunity.  

The OHCHR report notes that in 2022, Defence was allocated 373.1 billion rupees (then US$1.86 billion), which accounted for 15 percent of total government expenditure, and this was more than double that allocated for Health. Such high defence expenditure in a country under major financial crisis and that too for defence activities disproportionately concentrated in the North-East where their actions only prevent return to normalcy, defies logic. 

History of failure to address war time accountability 

GTF would like to emphasise that the genesis (from 2009) and the continuing driver of the UNHRC process have been about addressing accountability for war time atrocities committed during the war and promoting reconciliation among all communities. It is in this aspect the High Commissioner’s report is more scathing. The Easter Bombing (2019) is now part of a long list of emblematic cases where truth seeking has been intentionally made impossible.  

The OHCHR report unambiguously states, ‘The Sri Lankan state, through successive governments, has consistently failed to pursue an effective Transitional Justice process to hold perpetrators to account and to uphold victims’ rights to truth, justice, and reparation. Rather, they have created political obstacles to accountability and actively promoted and incorporated some military officials credibly implicated in war crimes in the highest levels of government.’ 

The report identifies that even the tokenistic initiatives from the government, such as the Office on Missing Persons (OMP), has lost the confidence and trust of the relatives of victims, following a series of problematic appointments to the Chairperson and Commissioners. In effect, the OMP has not been able to trace a single disappeared person or clarified the fate of the disappeared in meaningful ways and it is focussed on expeditiously closing the files and issuing families with ‘Certificates of Absence’.

The High Commissioner’s report calls Sri Lanka to ‘re-launch a comprehensive, victim-centred strategy on Transitional Justice and accountability, to establish credible truth seeking mechanism and ad hoc special court’. This statement is unambiguous in that as per the view of the OHCHR, after 13 years of solemn promises and commitments to its citizens and to the international community, the accountability project within Sri Lanka has reached the dead end.  

In reality, Sri Lanka went through many distinct phases in its dealing with war related accountability issues – outright denials initially; followed by half-hearted actions and perceived cooperation through internal investigations and co-sponsorships of UNHRC resolutions; and finally playing for time hoping that the issue will disappear. But it is to the credit of the international community, the core group of countries, the NGOs and the United Nations system that their focus never wavered. In fact, there has been progressive ramping of up of initiatives – Secretary General’s Panel of Experts on Accountability in Sri Lanka (2011); Secretary-General’s Internal Review Panel on United Nations Action in Sri Lanka (2012); OHCHR Investigation on Sri Lanka (2015) and the OHCHR Accountability Project as per the Resolution 46/1, Paragraph 6 (2021). 

The High Commissioner’s report states that the OHCHR Accountability Project is fully staffed and operational since May and is focussed on four tracks – “Collecting, consolidating, analysing and preserving information and evidence”; “Developing possible strategies for further accountability processes”; “Advocating for victims and survivors” and “Supporting relevant judicial and other proceedings”. It is pleasing to note that the OHCHR has received requests from national authorities for information and evidence related to eight individuals, as well as a number of alleged violations, and we strongly support High Commissioner’s call for ‘renewing the mandate and reinforcing the capacity of OHCHR for its specialised accountability project’. 

Future options 

It is important to note that that the time has arrived to explore further options for advancing accountability in Sri Lanka. The High Commissioner’s report refers to communications submitted in October and November 2021 to the Prosecutor of the International Criminal Court requesting that the Prosecutor exercise jurisdiction over alleged crimes occurred partially on the territory of States Parties (to the Rome Statute).  

The report calls on ‘states to cooperate in accountability efforts, including available avenues of extraterritorial and universal jurisdiction to investigate and prosecute crimes under international law’ and ‘to explore further measures including targeted sanctions, restrictive measures and travel bans in relation to those who are credibly implicated in serious crimes.’  

It is in this context the international community needs to view the announcement by the Sri Lankan Foreign Minister Ali Sabri that the Ranil Wickremesinghe government would not agree to any external mechanism and looking for internal truth seeking arrangements within the framework of Sri Lankan constitution. After 13 years of dithering and deceiving, and co-sponsoring resolutions (30/1, 34/1) which called for establishing hybrid court with international participation, that too by a government when Ranil Wickremesinghe was the Prime Minister, Sri Lanka now wants to go back to square one and start all over again. The absurdity of this proposition will not be lost on any keen observer of Sri Lanka. 

We also thank India for comments during the Interactive Dialogue on Sri Lanka: Indian delegation notes with concern the lack of measurable progress by Government of Sri Lanka on their commitments of a political solution to the ethnic issue — through full implementation of the 13th Amendment of the Constitution, delegation of powers to Provincial Councils and holding of Provincial Council elections at the earliest. The HRC process should facilitate devolution of political authority to the North and East provinces building up on the 13th Amendment and finding a lasting political solution to ensure non-recurrence of the violent past. 

Our asks 

GTF is of the view that Sri Lanka is at crossroads. The nascent transformation Sri Lanka presently undergoing is significant and there is a developing environment where an unaccountable government will be under increased scrutiny. In addition to wartime accountability, legal, financial, and other governance accountabilities are also under intense focus. Unfortunately, many of the recent actions by the Ranil Wickremasinghe government are not conducive to promote this healthy development. Irrespective of that, this emerging trend needs to be conscientiously promoted by the international community, which is possible only by adopting a well-targeted UNHRC resolution. The new resolution needs to build on the key aspects of the March 2021 UNHRC resolution (A/HRC/RES/46/1) and mirror the comprehensive set of recommendations listed in the High Commissioner’s reports of February and September 2022. GTF is of the view that the reports mandated in the proposed resolution should be transmitted to all relevant United Nations Bodies and the Secretary-General for appropriate action. 

We also fully endorse the request by Human Rights Watch and 3 other NGOs calling the HRC to adopt a Resolution that: Strengthens the mandate for monitoring and reporting, by establishing an expert mechanism to monitor and report (both to the Human Rights Council and the General Assembly) on the current rights situation in Sri Lanka and make concrete recommendations to ensure the protection and realization of rights. It is also the responsibility of the Member States including the Core Group of Sri Lanka to adequately fund the increased scope and capacity of the Sri Lanka Accountability Project throughout the new period envisaged in the Resolution.

The Government of Japan has decided to extend additional Emergency Grant Aid of USD 3.5 million for Sri Lanka in response to the deterioration of the humanitarian situation.

This Emergency Grant Aid will allow implementing humanitarian assistance activities delivering food worth USD 2 million through the World Food Programme (WFP), food, nutrition, health, sanitation worth USD 1 million through the International Federation of Red Cross and Red Crescent Societies (IFRC).

,It includes  finacial assistencefor   nutrition worth USD 0.5 million through the United Nations Children’s Fund (UNICEF) for the people of Sri Lanka affected by the deteriorating humanitarian situation.

With the implementation of earlier assistance worth USD 3 million announced on May 20, this builds Japan’s support in response to the current situation up to USD 6.5 million in total. 

“Japan hopes that this assistance will contribute to overcoming the hardship faced by the people of Sri Lanka, with whom Japan has long-standing and amicable relations,” officials said.

Indian based Clarks Hotels and Resorts opens its first property in Sri Lanka

The Clarks Hotels and Resorts of India is strengthening its footprints in Sri Lanka by opening The

Albatross Boutique Villa in Digana, Kandy.  They are aiming to promote the country to Indian travellers and take advantage of the growing Sri Lankan business and leisure travel market. 

The brand is aggressively looking for expansion in the neighbouring country by opening properties in different key locations in Sri Lanka, reportedwww.hotelierindia.com.

The Albatross Boutique Villa Digana, Kandy by The Clarks, is perched on top of “The Coconut Hill” and has a backdrop of Pidurutalagala Peak. 

The property is in close proximity to an 18-hole Golf Course with breathtaking views of the hills and the Victoria reservoir. It is centrally located and is near the temple of the Tooth Relic in Kandy and the Pallekelle International Cricket Stadium. 

The resort is frequented by many well-known international golfers, celebrities, business tycoons, entrepreneurs, and international test cricketers.

This upscale property has eight modern rooms divided into three categories – The Royal Albatross Suite, The Tee off Suite and Deluxe Rooms catering to guests from all over the globe. 

The Royal Albatross Suite provides a fascinating wide-span view of the famed Hunnasgiriya, Hanguranketha, Galaha and Piduruthalagala mountain ranges, with the Golf Course, Victoria Waterways and Dam. 

The magnificent suite boasts a private balcony, Jacuzzi, rain shower, butler service, and is equipped with other modern amenities.

Further to meet the requirements of MICE and corporate, the property has the arrangement to cater to 50 persons.

The Clarks Hotels and Resorts Vice President Rahul Deb Banerjee said: “As a part of corporate strategy we are expanding both nationally and internationally. We are present in almost all the states of India and we recently have also opened a unique property in Sri Lanka. We are price conscious and believe in providing value for money to our travellers.

“This is the best time to be in the tourism industry, with the Sri Lankan Government pushing tourism, and the pandemic has changed the attitude towards travelling, coming days will witness a further increase in tourism. We are also now promoting Sri Lanka and The Maldives as our new international destinations.”

Head Development – Sri Lanka and the Maldives Gabriel Gunesekere said: “We are optimistic that The Clarks expansion has created a buzz in the Sri Lankan market and will further add more properties to The Clarks Hotels and Resorts portfolio in the coming months. By 2023, the brand will comprise about 150 properties within its chain.” 

The brand wants to offer an opportunity for Indian travellers to enjoy a slice of Indian hospitality at international locations. 

President Ranil Wickremesinghe says that the Indo – Sri Lanka Free Trade Agreement would be revived and upgraded into a comprehensive economic and technological partnership.

He pointed out Sri Lanka and India gradually have to wean themselves out of the barriers to investment and the non-tariff barriers to trade specially in relation to Sri Lanka-Indo economic relations.

He made these observations addressing the Sri Lanka India Society (SLIS) get together held at the Taj Samudra Hotel in Colombo on Thursday (15) evening to mark the 75th anniversary of independence of India.

“We will revive and upgrade the Free Trade Agreement into a comprehensive economic and technological partnership.” 

“We started that in 2018 and 2019. Then I found recently that it has been stuck somewhere in the department of Commerce with a large number of committees. I didn’t know why it was necessary,” the President said. 

He said that at that time, he had asked the then minister, Mr. Malik Samarawickrama to negotiate it, and that they didn’t have very many things. “So he abolished all the committees and he  said at that time that he wants  to see this done quickly at the highest political level.” 

“But if Sri Lanka wants to develop its international trade, the country  has to think differently,” he said, adding that therefore he has decided to establish an international trade office which will deal with all the international trade negotiations. 

“According to discussions he had with  the Minister of Foreign Affairs, first under the Ministry of Finance to set it up and when it is restructured, it  will go in the future to the Ministry of Foreign Affairs and International Trade.” 

President Wickremeisnghe said this is the first step that will pave the way and that it also means that they had to remove the red tape. 

He added “We are looking at restructuring our institutions by having of looking at a separate ministry which will deal with ease of doing business competitiveness at the same time, to look forward to the different trade agreements that we will come to.” 

He stressed that there is scope for Sri Lanka and India to get together and look at their different areas for instance, logistics, renewable energy, tourism, trade and information technology.  “There are many, many areas in which we can work together and we should work together for the benefit of our two countries.”  

“Secondly, we are looking at all the projects which India and Sri Lanka had agreed to, but unfortunately it had got delayed at the Sri Lankan end.” 

“But amongst it we have our agreements on the Indian rupee being used here, which finally will enable Indian tourists to come in here and help Tourism.” 

The United States Agency for International Development (USAID)  and Sri Lanka  reached a new five year bilateral agreement providing additional financial assistance of US$ 65 million  to meet humanitarian needs of the suffering people of the dollar starved island.  

This funding is in addition to over $60 million (21 billion Sri Lankan rupees) of new humanitarian and fertilizer assistance that Administrator Samantha  Power announced last week in response to the current economic and political crises in Sri Lanka, the US Embassy said.

It will support the Government of Sri Lanka’s  efforts to provide welfare  assistance for vulnerable communities and also meet the fertiliser needs of farmers. 

Most USAID funds are fully committed to its  current program. Only in exceptional cases are unsolicited proposals funded.

These programs focus on two areas important to the country’s long-term, equitable growth:including  a strengthened partnership between the state and its citizens and equitable economic growth, especially in former conflict areas in the North and East.

US Ambassarder to Sri Lanka Julie Chung announced that the United States, through USAID, will provide an additional estimated $65 million (more than 23 billion Sri Lankan rupees) in assistance to Sri Lanka over a five-year period. 

The assistance falls under the Development Objectives Assistance Agreement (DOAG) signed by Mr. Gabriel Grau, Mission Director for USAID Sri Lanka and Maldives and Mr. Mahinda Siriwardena, Secretary, Ministry of Finance, Economic Stabilization and National Policies..

In celebration of the start of this new bilateral agreement, Ambassador Julie Chung remarked, “The United States and the American people are proud of our enduring and robust partnership with the people and government of Sri Lanka. 

We remain fully committed to supporting locally led initiatives to advance a stable, prosperous, and peaceful Sri Lanka – critical to promote a free and open Indo-Pacific in which all nations are connected, prosperous, resilient, and secure,”

The U.S., through the U.S. Agency for International Development (USAID), is committed to supporting Sri Lanka to advance market-driven growth, environmental sustainability and resilience, and good governance. 

All USAID funding for Sri Lanka is provided as gifts or grants and is implemented by local and international organizations that adhere to strict monitoring standards.

The U.S. has provided more than $2 billion (approximately 720 billion Sri Lankan rupees) in development assistance to Sri Lanka since 1956.

Hashan Dissanayake, the chairman of the Agriculture and Rural Insurance Board, has been removed from that position since yesterday (16).

He says that he has been removed from his position without any prior notice.

Hashan Dissanayake has stated to the media that when he reported to work yesterday morning, the Ministry Secretary contacted him and informed him to give the opportunity to a new chairman to take over.

Accordingly, it is said that WMB Weerasekera, who was a former chairman of that board, has taken over as its chairman yesterday.