Washington, March 19,
2013
Narayan Lakshman
At the eleventh hour before a crucial United
Nations Human Rights Council resolution calling on Sri Lanka to improve the
post-war welfare of ethnic Tamils on the island, the U.S. appears to have
watered down the text of that resolution.
Washington’s revised draft copy of the
resolution, which was freely circulating on the Internet by Tuesday, in
particular hinted at at least one major change from an earlier version: an
entire paragraph calling for “unfettered access” in Sri Lanka by a host of
external observers and specialists was deleted.
A second key change in the text appeared to be
regarding UNHRC’s call for an external investigation into alleged human rights
violations in Sri Lanka, during the final phase of the combat between Sri
Lankan forces and the Liberation Tigers of Tamil Eelam in which many civilians
were said to have been killed and injured.
In the paragraph that included a section calling
for a “credible international investigation” into alleged human rights
violations the U.S. appears to have rephrased the wording and elevated the
request for an external investigation to a more prominent position in a
previous section.
However in a paragraph immediately following
this one, the U.S. draft then veers off towards an apparent preference for Sri
Lanka to conduct its own internal investigation into alleged human rights
violations.
In this second paragraph on the need for
investigations the U.S. draft now reads, “... calls upon the Government of Sri
Lanka to conduct an independent and credible investigation into allegations of
violations of international human rights law and international humanitarian
law, as applicable...” The word “international” has been dropped.
At numerous points throughout the text of the
revised draft weaker language has been inserted in place of a more condemnatory
tone. For example where “Noting with concern...” has been used, the “with
concern” phrase has been deleted. The phrase “Urges the Government of Sri
Lanka” has been substituted with “Encourages the Government of Sri Lanka.”
Most obviously, in a segment alluding to “Noting
with concern the failure of the Government of Sri Lanka to fulfil its public
commitments, including on the devolution of political authority...” the revised
U.S. draft text has inserted “Calling upon,” in place of “Noting with concern
the failure of...”
In an early section that formerly stated that
the UNHRC was “Reaffirming that it is the responsibility of the Government of
Sri Lanka to ensure the full enjoyment of all human rights and fundamental
freedoms of its entire population,” the reference to the Government of Sri
Lanka was substituted with the phrase “each State.”
Further, affirmative statements “Welcoming and
acknowledging the progress made by the Government of Sri Lanka,” on holding elections,
rebuilding infrastructure and resettling internally displaced persons were
inserted where none existed before.
In at least six places within the revised text,
language that is unambiguously weaker than what was in the original text has
been used. This does not include the insertion of positive statements
recognising progress made nor a large number of other edits that make minor
tweaks to various calls for Sri Lanka’s actions to be consistent with human
rights laws.
G. Ananthapadmanabhan, Chief Executive of
Amnesty International in India, was quoted in media reports saying, “There is a
significant downgrading of the international community’s concerns regarding
human rights violations in Sri Lanka,” adding that there was a “massive
setback” for the campaign for justice in Sri Lanka because “The draft
resolution places the onus on Sri Lanka to set up a mechanism for a credible,
independent investigation.”
