It was arguably the most shameful moment in the Council’s short history.
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The Sri Lankan strategy of not releasing the fishing boats, the sole source of livelihood of the poor fishermen, is further aggravating the situation.
There a committee called the Darusman Committee.
Although Sri Lanka managed to secure a softening of the language of the resolution that was adopted unanimously, the subtext is clear that Colombo had undertaken to ensure a few form of worldwide involvement to underwrite the independence of any investigative mechanism.
The UNHRC resolution for promotion, reconciliation, accountability and human rights co-sponsored by a core group led by the United States and also by Sri Lanka was adopted without a vote being taken by the UNHRC sessions held in Geneva on Thursday. It was a devastating document: a ringing endorsement of the evidence presented by Channel 4 and others and a confirmation of the claims of the survivors. Such a court, he said: “will have no chance of overcoming widespread and justifiable suspicions fuelled by decades of violations, malpractice and broken promises”.
Slamming the Centre for its handling of the Sri Lankan issue, Raja said that the Narendra Modi government had even refused to recognise the unanimous resolution passed by the Tamil Nadu Assembly on Sri Lankan crisis. Thirty-five fishermen, hailing from Nagapattinam, Rameswaram and Pudukottai, were arrested on different occasions during the last one month by Sri Lankan navy on the alleged charges of cross border fishing.
A recent high-profile meeting between senior army commanders and top government figures including the President and the Prime Minister only served to increase Tamil suspicion of the government’s real motives.
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History teaches that this GOSL Domestic Mechanism will fail. Any reasonable observer knows that all criminal proceedings within the Sri Lankan justice system will be stymied by racial bias and political interference. “In this regard, we urge the government to implement the resolution in a spirit of honesty and cooperation, in particular, the Council’s affirmation of the need for the participation of Commonwealth and other foreign judges, prosecutors, investigators and lawyers in a court enabled to try worldwide crimes, through a Special Counsel for prosecutions”. “Immediate establishment of an in-country OHCHR office, as recommended by the High Commissioner, would significantly allay victims’ doubts of fair process and fears of reprisals while providing the government practical expertise”. But we distanced ourselves more from the global community. The resolution merely calls for an oral report in June 2016 and a written report in March 2017. Will they be saying: Justice delayed is justice denied?
