In Sri
Lanka Speech,
Kerry On Domestic
Investigation
of War Crimes
By
Matthew
Russell Lee
UNITED
NATIONS, May 2
-- When in Sri
Lanka US
Secretary of
State John
Kerry
gave a speech
on
partnership,
he said the
following on
"possible
cooperation on
justice and
accountability.
Restoring your
country’s
judiciary is a
long-term
undertaking
that requires
high standards
for judicial
independence,
fairness, and
due process
under the law.
Those reforms
are often
difficult to
achieve anyway
– we’re still
working on
some things in
our system,
believe me;
you can see
some of it on
television –
not easy, but
it is
absolutely
essential to
be open and
honest about
trying to do
it. Every
citizen has a
right to seek
justice, and
every citizen
has a right to
expect justice
for victims of
war crimes or
crimes against
humanity.
They’re
painful
issues; I know
that. But if
you try to
compel people
to simply
forget the
past and try
to wipe it
away, believe
me: They will
be more
likely, not
less, to cling
to it. And if
you tell them
to forego
justice under
the law, they
will be more
likely to seek
it outside of
the law. It
will be
harder, not
easier, to
move forward
as one country
at peace.
"And that is
why we hope
your
government
will continue
to cooperate
with the
United Nations
as it explores
the best way
to mount a
credible
domestic
investigation
into
allegations of
human rights
abuses – an
investigation
that meets
international
standards and
at the same
time, and most
importantly,
is legitimate
in your eyes,
in the eyes of
the people
here. The
United States
is prepared to
furnish
whatever
legal,
whatever
technical
assistance,
whatever help
we can to
support Sri
Lanka as it
moves down
this path."
Note it:
domestic, hope
for UN
cooperation.
And what about
the UN's now
withheld /
delayed report
on war crimes?
Earlier
when Kerry
delivered a
thousand words
of remarks
after his
counterpart
Mangala
Samaraweera
the war crimes
reports,
withheld by
the UN for at
least six
months and
previously
promised by
Sri Lanka's
government,
were not
addressed.
Diplomacy may
(often) be
about
emphasizing
the positive,
but where is
the
follow-through?
Here is a
transcription
of Kerry's
remarks:
"I
want to thank
the foreign
minister for
an
extraordinarily
generous...
Mangala has
given me a
really
generous and
very personal
welcome here
today, and it
is an historic
moment, one
that I’m very
proud and
pleased to be
able to share
with him. And
I’m grateful
for his
friendship and
for the
invitation,
which he
offered me
when he came
to Washington,
to come here
today in order
to renew the
relationship
between the
United States
of America and
Sri Lanka.
This is a
paradise, a
very beautiful
island nation.
It has
enormous
assets,
wonderful,
extraordinary
people, and
great, great
promise for
the future.
And I pledged
to him and to
his delegation
here today
that the
United States
wants to work
with Sri
Lankans and
help in any
way we can to
shape the
future that
the people of
Sri Lanka
want.
The foreign
minister and I
last met in
February in
Washington,
and today we
talked about
the enormous
progress that
Sri Lanka has
made in just a
few short
months – and
progress that
can be
measured:
progress on
restoring
democratic
institutions;
progress on
creating more
accountable
governance;
the passage of
the 19th
amendment, in
which the
president kept
his promise to
reduce the
powers of the
presidency and
move them more
to the people
through a
broader
sharing, is an
example of
that; progress
in combatting
corruption;
and progress
on
reconciliation
that can lead
to a much more
enduring peace
and to shared
prosperity for
all Sri
Lankans.
So I am very
mindful that
as I stand
here in Sri
Lanka, more
than 10 years
after the
tsunami on
December of
2004, so many
people are
suffering in
Nepal from the
devastating
earthquake
that struck
one week ago.
And I want to
commend the
government and
the people of
Sri Lanka for
quickly
sending
response teams
to Kathmandu.
The United
States is also
mobilizing a
major
response, but
it’s
indication of
the
sensitivity of
this
government and
its sense of
responsibility
and its desire
to be a part
of the world
community that
it responded
so quickly.
It is
tragedies like
the Asian
tsunami, of
the Nepal
earthquake –
or the Nepal
earthquake –
that
underscore our
need to work
together to
support one
another in
times of
crisis, yes,
but also in
times of
opportunity.
And this is a
time of
opportunity
for Sri Lanka.
In Sri Lanka
today, I think
many of us see
a moment of
extraordinary
promise. The
foreign
minister
recently gave
a rousing
speech to
parliament,
and I was
particular
inspired by
his statement
that the true
safeguarding
of sovereignty
can be
achieved only
by fulfilling
our
obligations to
our people and
by preserving
and upholding
the
multiethnic,
multilingual,
multi-religious
nature of our
society.
He emphasized
as well the
importance of
working
closely
together with
other
countries and
with
international
organizations.
Already we
have seen
those words
actually
backed up by
actions.
That’s what
makes this
government
important, and
it’s what
makes this
government
different. Sri
Lanka is now
playing a role
on everything
from maritime
security and
trade to cyber
issues and
climate
change. And I
am
particularly
grateful to
the foreign
minister for
hosting an
event on
cyber-crime
and for taking
steps to
become the
first country
in South Asia
to accede to
the Budapest
convention.
But I know
that you also
have a
tremendous
amount of work
to do here at
home. You are
working on
creating an
enduring peace
and you’re
working on
providing
prosperity for
all of your
people. Many
challenges and
difficult
decisions
obviously
still lie
ahead, and we
talked about
many of them
this morning.
But one thing
that struck me
was the
readiness of
this
government to
open its doors
and to open
its minds to
different
ideas and to
new and more
effective and
efficient ways
of doing
things.
One thing
about this Sri
Lankan
Government
seems very
clear: the
president and
the prime
minister and
the foreign
minister are
not afraid of
tackling tough
issues.
They’re
willing to
make difficult
decisions and
they are
committed to
keeping their
promises.
We’ve seen
that with the
100-day Plan.
And as the
government
heads into the
parliamentary
elections this
summer, Sri
Lankans will
continue to
rely on their
tremendous
leadership and
commitment.
So I am here
today because
I want to say
to the people
of Sri Lanka
that in this
journey to
restore your
democracy the
American
people will
stand with
you. We intend
to broaden and
to deepen our
partnership
with you. And
to that end,
the foreign
minister and I
agreed to
establish an
annual
partnership
dialogue
between our
two
governments.
I’ve also
asked teams
from across
our government
to mobilize
quickly in
order to
provide
technical
assistance as
the Government
of Sri Lanka
embraces these
important
reforms. And
we will soon
have members
of that team
from the
Treasury
Department and
from the
Commerce
Department
come here in
order to work
with the
government on
the economic
measures that
could be taken
to provide for
greater
investment and
greater
growth. And as
you know,
President
Obama recently
nominated one
of our most
talented
Foreign
Service
officers –
Atul Keshap –
to be our
ambassador to
Sri Lanka.
So Mangala,
thank you
again for a
very generous
welcome. These
are very
important days
here in Sri
Lanka. And all
of us need to
rely on each
other and we
need to work
together
cooperatively.
That’s exactly
how we’re
going to forge
a stronger
friendship,
and that’s
also how we’re
going to forge
a stronger
partnership
and an even
better future
for both of
our countries.
What strikes
me about Sri
Lanka and the
United States
– and it got
lost in the
last years –
is that the
truth is we
want the same
thing for our
people. We
actually share
the same
values. We
have the same
aspirations
for better
jobs, for
education, for
health, for
prosperity,
for peace, for
stability, for
reconciliation.
Those are the
things that
bring us
together;
that’s what
brings me here
today. And I’m
very proud to
be here to
help renew the
partnership
and the
friendship
between the
people of the
United States
and the people
of Sri Lanka.
Thank you, my
friend."
And
certainly not
only the
current Sri
Lankan
government,
but those
involved in
war crimes
including the
killing of
tens of
thousands of
people in
2009, are
thankful for
these type of
remarks. We'll
have more on
this.
Back
on February
26, 2015, nine
days after the
UN Human
Rights Council
under Joachim
Rucker granted
HCHR Zeid's
request to
withhold the
already
delayed report
on war crimes
in Sri Lanka,
the UN added
Jaffna as a
stop to the
Sri Lanka
visit by
Secretary
General Ban
Ki-moon's
highest
political
official
Jeffrey
Feltman.
That came two
days after
Inner City
Press asked if
Feltman would
go to Jaffna,
site of
protests of
the delay, and
was told
"Colombo
only."
But when Inner
City Press
asked the UN
on both March
3 and again on
March 4 if
Feltman while
in Jaffna had
received
what's called
the genocide
resolution,
and what he
will do with
it, the
question went
unanswered for
a week.
Until on March
10 when
Feltman came
to do a
too-rare sit
down press
conference.
Inner City
Press asked
Feltman three
questions on
Sri Lanka,
including
about the
genocide
resolution and
deferral of
the
investigation
report. Video
here, from
Minute 12:19
On
this last,
Feltman said
the delay
keeps the
pressure one
-- NOT the
position the
UN takes for
example with
the African
Union's report
on South
Sudan. This
incongruity,
like other
incongruities
of the UN on
Sri Lanka,
have not been
explained.
On
the genocide
resolution, he
said "I was
handed the
packet of
material but
it was not the
genocide
resolution
passed by the
Northern
Provincial
Council" but
rather the
type of issues
of the north
as represented
by their
elected would
like to see
included in
any credible
accountability
mechanism. Video
here.
Really? We'll
have more on
this.
Here
is the video
of March 3;
the March 4
video has yet
to be provided
and the
transcript is
not online.
Spokesman
Stephane
Dujarric, when
asked again,
said that
Feltman has
been asked, if
he briefs the
Security
Council, to
come to the
Council's
stakeout. On
no notice? And
when might
Feltman brief
the Security
Council about
Sri Lanka?
Inner City
Press asked UN
Spokesman
Stephane
Dujarric if
Feltman is
conveying a
weakening of
the call for
an
international
inquiry (video
here and
see below),
and Dujarric
said to watch
what Feltman
says in his
lone Colombo
press
availability.
How?
(There's this,
from Jaffna,
by Feltman's
interlocutor.
What's wrong
with the UN?)
In any event,
since the
decision was
made by the
Human Rights
Council in
Geneva, how
can Feltman be
making any
representations
about what
will happen
next?
With the UN
yet to send
out any of the
promised
read-outs,
even as it
sends them out
about other
countries,
this
has been
reported:
“The
Under
Secretary
General for
Political
Affairs of the
UN Jeffrey
Feltman who
arrived in the
island today
on a 4 day
official visit
met with
President
Maithripala
Sirisena and
Acting Foreign
Minister Ajith
P Perera.
Following the
discussions
Acting Foreign
Minister Ajith
P Perera
expressed
these views
during which
he said the
calls for an
international
inquiry
against Sri
Lanka are
weakening.”
Inner City
Press directly
asked for the
UN's response
to this last,
but by noon on
March 2,
nothing. So it
went and asked
the question.
Inner
City Press: on
this trip by
Mr. Feltman to
Sri Lanka, I
wanted to
know:
can you
confirm he's
meeting with
the Tamil
National
Alliance…
that's
tomorrow?
And will there
be any
readouts?
Spokesman
Dujarric:
We talked to
our colleagues
in DPA
[Department of
Political
Affairs] to
make sure we
can get some
readouts
e-mailed over
the weekend as
they happen.
But more than
24 hours
later, after
Feltman's
meeting with
the TNA, there
was no
read-out.
Meanwhile it
was reported
under the
headline "UN
clarifies the
delay" that
"the UN Under
Secretary
General for
Political
Affairs,
Jeffrey
Feltman, told
the TNA that
the release of
the UN High
Commissioner
for Human
Rights Inquiry
on Sri Lanka
(OISL) report
on alleged war
crimes in the
Island was
postponed to
September this
year following
the assurance
given by the
new
Government,
that it would
conduct an
internal
investigation
under UN
supervision."
So since UN
DPA is
tweeting about
Feltman's
trip, Inner
City Press asked
in this same
medium,
"Press Q: So,
did government
promise an
'investigation
under UN
supervision'?"
Rucker,
speaking in
Geneva, has
claimed that
this delay was
"very
rational" in a
"relatively
unique" case.
Are all forms
of impunity
and justice
delayed
"relatively
unique"?
On February
24, UN
spokesman
Stephane
Dujarric said:
"Mr.
Feltman will
then travel to
Sri Lanka on
Saturday.
There, he
plans to meet
with senior
officials of
the Government
of Sri Lanka,
political
parties and
civil society
groups. This
will be his
first visit to
Sri Lanka, and
he looks
forward to
discussing
with Sri
Lankan leaders
various issues
of mutual
concern."
Inner City
Press
immediately
asked Ban
Ki-moon's
Spokesman
Stephane
Dujarric if
Feltman will
at least visit
Jaffna in the
north, site of
protests of UN
High
Commissioner
Prince Zeid's
recommendation
of the day:
Inner
City Press: I
want to ask in
advance
whether he’s
going to go
only to
Colombo or
Jaffna where
there were
pretty big
protests over
the weekend
against the
decision to
defer that
human rights
report.
I’m wondering
what’s the
relationship
between his
trip and that…
the process
supposedly in
six months to…
Spokesman
Dujarric:
My
understanding
is that he
will only go
to Colombo to
meet with
various
people.
We’ll get you,
as the
meetings
happen, we’ll
try to get you
readouts.
Now,
Jaffna has
been added.
But what will
the read-outs
be? We'll have
more on this
Back on
February 13
after Sri
Lanka's new
government
spoke of doing
another local
investigation
into war
crimes in
2009, and
asking for a
suspension of
the UN Human
Rights Council
process, Inner
City Press
went to
Foreign
Minister
Mangala
Samaraweera's
meeting
with UN
Secretary
General Ban
Ki-moon.
No other media
at the UN
attended; only
the UN's own
in-house UN
Photo and UN
TV. But
accompanying
Mangala
Samaraweera
were outgoing
Ambassador
Palitha Kohona
and others. Video here.
Ban Ki-moon,
before Inner
City Press was
whisked out of
the meeting,
told Mangala
Samaraweera he
had met him
after the
tsunami - that
is, when Ban
was a South
Korean
diplomat.
On February
17, after High
Commissioner
Prince Zeid
recomended and
got for Sri
Lanka a six
month deferral
of action,
Ban's deputy
spokesperson
Farhan Haq,
asked of Shavendra
Silva by
IPS, said
"the
Secretary-General
is aware that
the new
administration
is planning to
set up a
domestic
accountability
mechanism and
will be
carefully
assessing
developments.
The
Secretary-General,
as you're
aware, met
with the
Minister of
External
Affairs of Sri
Lanka last
Friday, 13
February, and
stressed the
importance of
Sri Lanka to
show firm and
clear
commitment to
accountability,
reconciliation
and human
rights.
He also
encouraged the
Government to
engage
continuously
with the High
Commissioner
for Human
Rights.
Advancing
accountability,
like other
parts of the
post-war
agenda in Sri
Lanka, will
lay the basis
for the
country to
make further
progress on
peace,
democracy and
development.
The UN remains
committed to
support Sri
Lanka’s
efforts to
address the
postwar
agenda.
The
Secretary-General
is also aware
of reactions
from various
communities to
the decision
by the Human
Rights
Council, and
the
Secretary-General
will
positively
engage with
the new
Government and
support its
efforts."
This is
shameful all
around, in
light of talk
of
accountability.
Last week, the
UN's Oscar
Fernandez
Taranco met
the US State
Department's
Nisha Biswal.
Inner City
Press asked if
it was about
Bangladesh,
and was told,
"in part." Taranco
was at Ban's
meeting with
Samaraweera,
here. So
was Sri Lanka
and the
deferral
request the
other part?
Watch this
site.
Back
on February 12
Inner City
Press asked UN
Secretary
General Ban
Ki-moon's
spokesman for
the UN's
position. Video here.
Inner
City Press:
yesterday, he
met with
Ambassador
Kohona of Sri
Lanka. I
couldn't tell
if that was a
farewell call
or not.
Spokesman
Dujarric:
It was indeed
a farewell
call.
Inner City
Press:
And did the
issue of not
pursuing the
Human Rights
Council
investigation
into Sri Lanka
arise?
Spokesman
Dujarric:
It was,
indeed, a
farewell
call. I
mean, the
Secretary-General's
position on
the, on the
human rights
investigation
is
unchanged.
He's obviously
aware that the
new
administration
is considering
setting
domestic
accountability
mechanisms and
will be
carefully
assessing
these
developments.
The
Secretary-General
has stressed
the importance
of Sri Lanka
establishing
credible
mechanisms
that meet
international
standards.
Advancing
accountability,
like other
parts of the
post-war
agenda in Sri
Lanka, will
lay the basis
for the
country to
make further
progress on
peace,
democracy and
development.
The UN stands
ready, as
always, to
support Sri
Lanka's
efforts to
address the
post-war
agenda as we
have
consistently
affirmed.
Back on
January 12 the
UN said that
Secretary
General Ban
Ki-moon made
this call:
"The
Secretary-General
congratulated
President
Sirisena’s
election and
the successful
conclusion of
the
presidential
election. The
Secretary-General
and President
Sirisena
discussed the
President’s
100-day plan
and Sri
Lanka’s
post-war
agenda. The
Secretary-General
affirmed
continuous
support by the
UN to Sri
Lanka."
That is, the
UN's read-out
of Ban's call
had no mention
of
accountability
or of the UN
Human Rights
Council
inquiry into
the bloodbath
on the beach
in 2009. We'll
have more on
this.
After
Mahinda
Rajapaksa
conceded
defeat but
before 10:30
pm on January
8 in
Washington, US
Secretary of
State issued a
statement,
below.
Inner City
Press
published it,
and asked the
UN for its
comment. Told
to expect one
in the AM, New
York time,
Inner City
Press noted,
the earlier
the better.
Twelve hours
later, there
was nothing.
So Inner City
Press asked
again at the
noon briefing
on January 9,
after new
President
Sirisena's
inauguration.
UN Deputy
Spokesperson
Farhan Haq
said the UN
welcomes the
transfer of
power, then
later in the
briefing read
out this
statement:
"The
Secretary-General
congratulates
the people of
Sri Lanka on
the successful
conclusion of
the
presidential
election, and
welcomes the
constitutional
transfer of
power.
"The
Secretary-General
applauds the
Sri Lankan
Elections
Commission for
its
professionalism
in ensuring a
peaceful and
credible
election. He
also commends
the efforts of
the
candidates,
including in
particular
outgoing
President
Mahinda
Rajapaksa, law
enforcement
agencies and
civil society
for upholding
and respecting
democratic
governance.
"The
Secretary-General
looks forward
to working
with President
Maithripala
Sirisena and
the people of
Sri Lanka. He
affirms the
continuous
support of the
United Nations
for
development,
reconciliation,
political
dialogue and
accountability
in Sri Lanka."
Inner City
Press
immediately
asked Haq if
what this
reference to
accountability
portends for
the UN inquiry
into the
events in
2009. We'll
have more on
this.
Amnesty
International
has said that
"Sri Lanka has
for years
resisted all
international
efforts to
investigate
the conflict
years, and
instead relied
on domestic
investigation
bodies that
toed the
government
line. This has
to end – the
new government
should
cooperate
fully with the
UN
investigation.”
Watch this
site.
In other
possible
routes to
accountability,
talk of
seeking
justice in US
courts as to
several joint
American
citizens in
Team Rajapaksa
- or on the
team during
the 2009
"Bloodbath on
the Beach" --
has picked up.
Some team
members have
reportedly
already left
the country:
we'll have
more on this.
, 
