UN to review 20-year confidentiality clause ‘at a later stage’-War crimes probe targeting Sri Lanka:

By Shamindra Ferdinando-April 6, 2014,

The United Nations said that the issue of confidentiality of sources/eyewitness needed to be considered at a later stage.

A senior UN spokesperson said: "The High Commissioner for Human Rights will now be making arrangements for a comprehensive investigation requested by the United Nations Human Rights Council and these are issues which will need to be considered at a later stage. In any case, the protection of witnesses and their consent to sharing their identities remain the overriding considerations when dealing with these matters."

Twenty two countries on March 27 voted for a US-led resolution meant to empower the High Commissioner for Human Rights to investigate war crimes allegations as well as other violations from February 2002 to May 2009. Being a member of the UNHRC comprised of 47 countries, the US too, voted for its own resolution.

The official was responding to The Island query whether the UN would review UNSG Ban Ki-moon’s Panel of Experts (PoE) recommendation pertaining to confidentiality of sources/eyewitnesses. The recommendation was made in PoE’s report released on March 31, 2011.The Island also queried whether the UNHRC team investigating accountability issues in Sri Lanka would receive access to those who had provided information to the PoE leading to accusations of mass scale slaughter of civilians on the Vanni east front.Sri Lanka’s Killing Fields produced by UK media outfit, Channel 4 News as well as PoE while estimating the number of deaths at over 40,000 asserted that the actual number of civilian deaths could be much more.

The PoE recommended that the identities of those who had made war crimes allegations against Sri Lanka shouldn’t be released until March 31, 2031 (Twenty years from the day it was released).

(PoE report: Page 6-Point 23): "In some instances, the Panel received written and oral material on the condition of an assurance of absolute confidentiality in the subsequent use of the information. The Office of Legal Affairs (OLA) confirmed through formal legal advice that the provisions set out in the Secretary General’s Bulletin on "Information sensitivity, classification and handling" (ST/SGB/2007/6) could be applied to its records. This Bulletin provides for classification of a document as ‘strictly confidential’ with correspondingly strict limits on any access for a period of 20 years, following which a declassification review may be undertaken that weighs the equities involved in retention or release. Moreover, OLA confirmed that, where necessary and appropriate for the Panel’s work, the panel could give an undertaking of absolute confidentiality in the subsequent use. As a result, nearly all of the Panel’s substantive records will be classified as ‘strictly confidential’ with, in some cases, additional protections regarding future use."

Asked whether the US would request UN/PoE to review their position on the recommendation pertaining to confidentiality of sources/eyewitnesses, US embassy spokesperson in Colombo said: " The United States urges the Government of Sri Lanka to cooperate with the Office of the High Commissioner and accept technical assistance from the United Nations as well as help from the international community. Specifics regarding the investigation should be addressed to the Office of the High Commissioner for Human Rights."

The British High Commission spokesperson said: "The detail of the investigation will be determined by the UN High Commissioner for Human Rights."

UK based spokesperson for the Global Tamil Forum (GTF) Suren Surendiran told The Island: "Until proper practicing and functioning democracy returns to Sri Lanka, proper governance of government is in place with independent institutions like the State Police, judiciary etc. and above all some kind of international protection mechanism for witnesses is in place in Sri Lanka and abroad, there will be no reason for GTF to call for breaking confidentiality of witnesses who have already given evidence.

"As a matter of fact, it will be suicidal for the Tamils to make such call when a brutalizing occupying Army numbering tens of thousands are placed in the North and East, white van abductions still take place for Sri Lanka to be ranked almost within the top five countries for disappearances in the world, sexual violence and rights violations are increasing at an alarming rate, according to a recent report published by one of the UN Panel of Experts, religious intolerance against minority religions particularly against the Muslim and Christian faiths are on an upward trajectory."

The EU mission as well as the French embassy didn’t respond to The Island queries as regards their position on the UN’s confidentiality clause.

The EU threw its weight behind the US resolution.