Taking contradictory stand on 2015 Geneva Resolution


‘Govt. seeking credit for accountability mechanisms set up by previous administration

UNHRC 48th sessions:

By Shamindra Ferdinando

Attorney-at-law Sudarshana Gunawardena has alleged that the government’s stand on accountability issues at the Geneva-based United Nations Human Rights Council is contradictory to its much publicised opposition to the Geneva Resolution 30/1 co-sponsored by the previous administration.

Sri Lanka co-sponsored 30/1, on Oct 1, 2015. The then Foreign Minister the late Mangala Samaraweera is on record as having said that the UNP-led government had President Maithripala Sirisena’s consent to go ahead with the co-sponsorship.

Former Prime Minister Ranil Wickremesinghe’s media spokesperson Gunawardena yesterday (17) pointed out that the government, at the ongoing 48th sessions of the UNHRC, has reiterated its commitment to key accountability mechanisms set up in terms of the Geneva Resolution.

Civil society activist Gunawardena, who also functioned as the Director General, Information Department during the previous administration said that the assurance given by Foreign Minister Prof. G.L. Peiris last Tuesday (14) should be examined against the backdrop of Sri Lanka’s withdrawal from 30/1 resolution.

Prof. Peiris’ predecessor, Dinesh Gunawardena announced Sri Lanka’s withdrawal at the Feb-March 2020 sessions.

The Sri Lanka Podujana Peramuna (SLPP) owed an explanation, Gunawardena stressed, urging the government to take the public into confidence. “Stop playing politics at the expense of our international relations,” Gunawardena said, underscoring the need for what he called a national consensus on the post-war reconciliation process.

Responding to another query, Gunawardena said that FM Prof. Peiris in his address to the Geneva sessions discussed the progress in what he described as a domestic process in respect of accountability issues. Reference was made to the Office on Missing Persons (OMP), the Office for Reparations (OR) and the Office for National Unity and Reconciliation (ONUR). However, the FM conveniently failed to acknowledge that the OMP, OR and ONUR had been established in keeping with the 2015 Geneva Resolution that covered broader understanding of transitional justice.

The SLPP, while taking credit for the ongoing transitional justice process, continued to publicly reject 30/1, the very basis of the solution, Gunawardena said. “In other words, the SLPP’s actions are very different from their pledges before the electorate in the run-up to presidential and parliamentary polls in 2019 and 2020, respectively.

Referring to the assurance given by Prof. Peiris at the UNHRC that Sri Lanka Human Rights Council was carrying on its mandate, Gunawardena challenged the government to prove its sincerity by allowing no holds barred investigation into SLPP lawmaker Lohan Ratwatte’s raids on Welikada and Anuradhapura prisons on Sept 6 and 12, respectively.

The announcement made by the HRCSL regarding its decision to initiate an inquiry of its own in the absence of police investigation received public attention and appreciation, Gunawardena said.

Commenting on the declaration that Sri Lanka was engaged in an integrated process to bring the Prevention of Terrorism Act (PTA) in line with international norms and best practices, lawyer Gunawardena urged the government to study the work done by the previous government in that regard. Referring to statements made by then Prime Minister Ranil Wickremesinghe in that regard, Gunawardena said that the then Joint

Opposition quite maliciously rejected the move. “They should be ashamed of theirconduct,” relevant ministers and the Attorney General Department couldn’t be unaware of the agreement on new anti-terrorism law.

Gunawardena said that the SLPP administration shouldn’t hesitate to appreciate the previous government’s achievements. “We are quite pleased that mechanisms accepted by the previous government continue to be in operation even though the progress seems slow. However, the SLPP cannot deprive the UNP-led administration of the credit it deserved,” lawyer Gunawardena said.

Gunawardena urged the government to examine the report of the Committee appointed by then Premier Wickremesinghe to develop what he called the policy and legal framework of the proposed Counter Terrorism Act of Sri Lanka. He said that a politically motivated campaign derailed that effort whereas the Opposition propagated the lie the yahapalana government intended to deprive Sri Lanka of anti-terrorism law.

Asked to comment on the revelation of the SLPP government having talks with a group of civil society activists to explore ways and means to strengthening the reconciliation process, Gunawardena said that a 13-page Foreign Ministry note dated Aug. 31, 2021 addressed to Colombo-based diplomatic missions acknowledged the pivotal role played by the civil society. Having always accused the civil society of being part of a Western strategy, the same lot exposed their duplicity by meeting a group of civil society activists.

Gunawardena was referring to President Gotabaya Rajapaksa and Ministers, Basil Rakapaksa, Prof. Peiris, Dinesh Gunawardena, Ali Sabry, PC, and Namal Rajapaksa having separate meetings with SLCC (Sri Lanka Collective for Consensus) in the run-up to the Geneva confab. SLCC comprises 16 individuals.

Gunawardena noted the Human Rights Commissioner Michelle Bachelet, too, in her hard-hitting Sept 13 statement on Sri Lanka referred to President Rajapaksa’s meeting with the SLCC.

Gunawardena said that in addition to the SLCC, another group styled itself as the Civil Society Platform (CSP) in a statement issued on Sept. 13 made its position clear on a range of accountability issues as well as stepped up pressure on the civil society. CSP consists of 30 organizations and 36 individuals.

Responding to declarations by FM Prof Peiris and Foreign Secretary Admiral Jayanath Colombage that external investigations wouldn’t be acceptable, lawyer Gunawardena said that instead of rejecting the investigation the government should furbish whatever information in its hands or had access to the new investigative mechanism. The government couldn’t ignore the fact that the UNHRC authorized the fresh investigative mechanism at the 46th session with an overwhelming majority with 22 countries voting for the resolution, 11 against and 14 missing the vote.

Gunawardena urged the government to take a realistic view as Sri Lanka didn’t have time and space to engage in silly maneuvers. The bottom line was that the March 2020 announcement that Sri Lanka withdrew from 30/1 was nothing but a farce, Gunawardena said.



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