Undermining UNHRC principles: Is Resolution Infringing Sovereignty of Sri Lanka?

Webinar On Sunday March 14, 2021

Time:

10:30 AM EDT Canada & US
8:00 PM IST Colombo, Sri Lanka
2:30 PM GMT London, UK
3:30 PM CET Geneva, Switzerland

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Panelists:

Daya Gamage, B.A. (former Public Affairs Specialist with Department of State), USA.

Dr. Sarath ChandraSekera, Ph.D., Canada.

Hasaka Ratnamalala, B.A., Barrister & Solicitor, Canada.

1. P. Udawatte, Solicitor (England & Wales), United Kingdom.

Dr. Neville Hewage, Ph.D., Canada.  

Jayaraj Palihawadana, Attorney-at-Law, Solicitor, United Kingdom

Please send your questions to office@policy-research.ca

Organized by

Ontario Centre for Policy Research, Canada

London Initiative, United Kingdom.

Topic: Undermining UNHRC principles: Is Resolution infringed Sovereignty of Sri Lanka?

Abstract

The Government of Sri Lanka (GOSL) fought against the proscribed terrorist organization Liberation Tigers of Tamil Eelam (LTTE), who occupied a portion of Sri Lanka’s territory. It is pertinent to recall that Sri Lanka was subjected to a brutal 26 years of a secessionist campaign unleashed by the LTTE, which sought to divide Sri Lanka into ethnic lines and carve out a separate state. This protracted terrorist campaign affected the entire social fabric of Sri Lanka and caused extensive destruction.

The GOSL has fulfilled its constitutional obligation to protect its citizens from acts of terror and defended territorial integrity.  A humanitarian operation was deployed with the support of armed forces to defend and liberate all Sri Lankans, keeping with the constitutional guarantees.

The war between the Liberation Tigers of Tamil Eelam (LTTE) and Sri Lanka’s Government is accurately classified as a non-international armed conflict.  Therefore, any analysis of legal issues appurtenant to that conflict should be analyzed accordingly. Therefore, LTTE’s utilization of civilians as a human shield needs to be addressed when assessing civilian casualties. Sri Lanka’s armed forces acted in broad terms proportionately, and collateral damage must be examined under International Human Rights Law.

The defeat of the LTTE Tamil terrorism ended the proliferation of unlawful activities in Sri Lanka in May 2009, ushering in peace and normalcy. It is important to note that Sri Lankan military forces rescued 290,000 Tamil civilians from the clutches of the LTTE who had used them as human shields. The framing of unfounded allegations against Sri Lankan forces undermined UNHRC’s credibility and indicated his biased and prejudiced opinion.

The Government of Sri Lanka and the Sri Lankan armed forces have not warranted any action under the universal or extraterritorial jurisdiction and International Independent Investigative Mechanism. During the recent parliamentary election, Sri Lankans have unanimously rejected any foreign intervention.

Therefore, the UNHRC and the Core group leading UK shall respect the sovereign rights of the independent nation.

We request the UNHRC and Core group to engage with Sri Lanka to implement recommendations of its internal reconciliation commissions and assist with the mechanism best suited for all ethnic groups with domestic legal and social framework and policies.