TNA stance on UNHRC resolution

By Ananth Palakidnar –2016-06-28

The Tamil National Alliance (TNA) Parliamentarian M. A. Sumanthiran, who is also the spokesperson of the TNA, was in Washington and Geneva last week taking part in important meetings and holding discussions on the 32nd United Nations Human Rights Council sessions.

On his return, to the island a few days ago, Sumanthiran spoke to Ceylon Today on the Government's failure in implementing the several aspects which were agreed upon in the UNHRC resolution which was co-sponsored by Sri Lanka along with the United States of America and the United Kingdom in October last year.

According to Sumanthiran the international community is of the view that as Sri Lanka co-sponsored the UNHRC resolution which was released last October the country should implement it successfully without backtracking and create a healthy atmosphere for peace and reconciliation.

"The UNHRC Commissioner Prince Zeid Raad Al Hussein will be submitting his verbal submission on 29 June on the progress in implementing the UNHRC resolution on Sri Lanka adopted in October last year. This submission is expected to be based on the UNHRC chief's findings during his tour in Sri Lanka last February and on the observations made by the UNHRC officials who had travelled to Sri Lanka since last October. The verbal submission of the UNHRC chief will be mainly on the findings in the past nine months and the overall report will be presented after eighteen months in March next year. The TNA welcomed Sri Lanka being a co-sponsor of the UNHRC resolution and even agree on the progress made in certain areas in implementing the resolution."
Sumanthiran went on to say,
"But the TNA finds several key features such as the releasing of political prisoners and investigation into the alleged war crimes with the participation of the Commonwealth and other foreign legal experts as it was agreed upon in the UNHRC resolution have not yet."
Commenting on the three main aspects the TNA is very much concerned with implementing the UNHRC resolution according to Sumanthiran are (a) immediate day to day issues, (b) accountability mechanism and (c) permanent political solution.
"As far as the day to day issues are concerned, the TNA finds there are some encouraging developments have taken place, such as the releasing of lands from the High Security Zones in the North and the initiatives taken towards resettling the Internally Displaced Persons. However, this particular issue has to be addressed extensively to expedite the resettlement process. It was promised by the government in 2015 that within 100 days solutions would be reached on releasing the political prisoners. But only a handful of prisoners have been released and a significant number still remain behind bars without any judicial process. It was also agreed that the Prevention of Terrorism Act (PTA) will be repealed. But nothing has been done so far," Sumanthiran added.

Washington and TNA
Elaborating on his visit to Washington and the protests that surfaced against the TNA there, Sumanthiran said that there was a handful Tamil expatriate without understanding the ground realities shouting against the TNA.
"When I was in Washington an organization called 'Tamils for Obama' criticized the TNA over the failure in implementing the UNHRC resolution. The 'Tamils for Obama' is a 'one man show'. A person called Pathmakumar is dealing with it. Whereas several key Tamil expatriate organizations realize the constraints of the TNA in dealing with the issues in the island as well as abroad. The Tamil Political Action Committee (TPAC) which is an umbrella organization of the Global Tamil Forum (GTF) has better understanding over the TNA's role. I had even discussed the issues with the TPAC which is chaired by Dr. K. Arulananthan in the US. Therefore when the TNA was even unhappy over the shortcomings in the implementation of the UNHRC resolution it is ridiculous to blame the alliance for the Government not taking any adequate measures to implement the resolution," Sumanthiran said.

Addressing at a joint meeting with the Lankan Ambassador to the US Prasad Kariyawasam in Washington on the UNHRC sessions on the shortcomings in implementing the resolution Sumanthiran said that Lankan envoy Kariyawasam accepted the slow process in implementing the resolution and assured that the government needs more time for the implementation of the resolution. It was also interesting to hear Prasad Kariyawasam stating specifically that the government would not stay away from implementing what was agreed upon in the resolution.
The US being a sponsor of the Geneva resolution Sumanthiran met the US Assistant State Secretary for Central and South Asia Nisha Biswal Desai and detailed her on the TNA's disappointment over the implementation of the UNHRC resolution and on government's backtracking from the process agreed upon in investigating into the alleged war crimes with the involvement of the foreign legal luminaries.
The meeting with NIsha Biswal Desai lasted for couple of hours and she had pointed out the necessity for the Sri Lankan Government to respect the resolution.
Meeting Prince Zeid
Following his visit to the US, Sumanthiran had travelled to Geneva and met the UNHRC Commissioner Prince Zeid Raad Al Hussein and briefed him on the TNA's disappointment on the implementation of the UNHRC resolution.
"As the UNHRC sessions are currently in progress, despite his busy schedules Commissioner Al Hussein met me for more than an hour and he pointed out that what he had gathered from the TNA would help him in fine tuning his verbal submission to be presented on 29 June. Even during his Sri Lankan tour in February this year, the TNA delegation led by R. Sampanthan had met the UNHRC Commissioner and briefed him on the priorities in implementing the Geneva resolution. Following the meeting with the UNHRC Commissioner a briefing to the representatives of the UNHRC member countries was also made by me and the interactive meeting would help for the UNHRC member countries to be well informed on the TNA's stance and to raise questions when the Commissioner delivers his verbal submission Sumanthiran," said.
Responding to my views the Commissioner said that he would point out on the delays in implementing the UNHRC resolution by the Sri Lankan Government.
Briefing on the investigations into the alleged war crimes, Sumanthiran has said that the TNA has mentioned to the Commissioner clearly that it was agreed by the Sri Lankan Government to carry out the investigations with the participation of the foreign legal luminaries. The US and other countries that co-sponsored the UNHRC resolution were also aware of the assurance given by the Sri Lankan Government in accommodating the foreign legal luminaries to investigate the alleged war crimes, Sumanthiran said. "So, the Lankan Government cannot backtrack from what it had agreed upon on accommodating the foreign legal luminaries. The TNA is very firm on an investigation with the involvement of the foreign legal luminaries. Even the UNHRC Commissioner is firm on implementing whatever agreed upon by the Lankan Government in the resolution," Sumanthiran added.
Elaborating on the UNHRC resolution's implementation with regard to the reconciliation and the final settlement to the ethnic question Sumanthiran said that the forming of the Constitutional Assembly on 9 March was encouraging.

"Three issues have been identified by the steering committee on electoral reforms which is almost completed. Second is on the devolution of powers that is being discussed. Third is on abolishing the he executive presidency is also presently being dealt by the steering committee. As far as the TNA is concerned a final political solution based on a federal system will only fulfil the political aspirations of Tamils in the North and East. The Federal system and the merger of the North and East Provinces were agreed upon earlier in the Banda –Chelva pact in 1957. Thereafter the 1987 Indo- Lanka Accord paved way for the merger and the Accord also emphasized the need of extensive devolution of powers to North and East Provinces through the 13th Amendment to the Constitution.

"However, the Federal system could be introduced without any jargon by implementing the features of the Federal system successfully. During the regime of previous government in 2007, even the All Party Representatives Committee (APRC) advocated the linking of the two Provinces. The government is now in the process of going for a new Constitution. Even the Foreign Minister Mangala Samaraweera has mentioned the necessity of finding a political solution to the ethnic crisis through the new Constitution. So I have clearly stated that a political solution to the ethnic question could only be found through a new Constitution with a federal arrangement to the North and East, during my discussion with the UNHRC Commissioner," Sumanthiran said.

Commenting on the TNA's expectation on the verbal submission of the UNHRC Commission on 29 June, Sumanthiran said, that the UNHRC Commissioner was well aware of the pluses and minuses on the implementation of the resolution.

"The verbal submission report is now ready. We are looking forward to see the outcome. Definitely the submission will underline the failure in implementing the resolution by the Sri Lankan Government and it will also emphasize on reaching constructive developments before the submission of the full report in March next year, " Sumanthiran said.