The US draft resolution on Sri Lanka, co-sponsored by Colombo, was presented to the UN Human Rights Council (UNHRC) in Geneva last Thursday.
Titled, “Promoting Reconciliation, Accountability and Human Rights in Sri Lanka,” the resolution follows the release of a report by the Office of the UN Human Rights Commissioner for Investigation on Sri Lanka (OSIL) on September 16.
While the report was largely limited to the final phase of the war, it did detail, without naming anyone, the extent of the atrocities. According to a previous UN estimate, 40,000 civilians were killed in the last months of the war, which ended with the elimination of the separatist Liberation Tigers of Tamil Eelam (LTTE) in May 2009.
The preamble of the draft resolution praised the Sirisena – Wickremesinghe government’s “contributions to promoting democratic governance,” its steps to respect human rights and its recognition of the need for a mechanism to “redress the past abuses and violations.”
After discussion with Colombo, Washington modified its first draft of the resolution to ensure the Sri Lankan government retains substantial control of any inquiry. A new clause omits a previous reference to international judges and declares that the government affirms the “importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s Office, of Commonwealth and foreign judges” and other officials.
The final form of the resolution was the outcome of backroom consultations involving Wickremesinghe and the Tamil National Alliance (TNA). According to the Sunday Times, Wickremesinghe held a meeting with UK high commissioner, James Dauris in Colombo, then a teleconference with US ambassador for Sri Lanka, Atul Keshap, in Geneva appealing to them to add the new clause. “When this played out, TNA’s M.A. Sumanthiran flew to New York for a meeting with Michele J. Sison, US deputy envoy to the UN (and former ambassador to Sri Lanka) … Those interactions sealed the deal over a final resolution.”
Wickremesinghe was clearly delighted with the resolution, declaring that it was “an important milestone in international relations” and that Sri Lanka would “no longer have to face [international] pressures.”
US Secretary of State John Kerry declared that resolution was “an important step towards a credible transitional justice process, owned by Sri Lankans and with the support and involvement of the international community.
The TNA hailed the resolution as a “dramatic break from the past and could herald the beginning of an end to impunity.” The TNA noted that the draft would “not satisfy all victims of the conflict” but was “a constructive starting point for” reconciliation.
Several countries have already indicated their support for the resolution, including Britain, Australia, Ireland and Montenegro. India has also signalled its support after a meeting between Indian Prime Minister Narendra Modi and Sri Lankan President Maithripala Sirisena in New York.
According to the Daily Mirror on Sunday, Wickremesinghe has already briefed Colombo-based media heads on the judicial mechanism to be established. A Sri Lankan will be appointed as Special Counsel to investigate particular cases. Commonwealth judges will only be involved if sanctioned by Sri Lanka’s Supreme Court. Wickremesinghe specifically declared that the government would not make “scapegoats” of security force members.
The prime minister also indicated that a “Truth Commission and a Compassionate Council” would be set up along the lines of South Africa’s Truth and Reconciliation Commission (TRC). Cases identified for investigation by the Special Counsel will be referred to this commission.