On
War Crimes Experts, UN Waits for "Sham"Sri Lankan Panel,
Hiding Behind Rice
By
Matthew Russell Lee
UNITED
NATIONS, May 11 -- The UN's
statement on May 10 that on naming a
panel of experts on war crimes in Sri Lanka Secretary General Ban
Ki-moon's wheels are turning -- or spinning -- was amplified to
Inner
City Press on Tuesday by a senior Ban official. "Now they've
come out with theirs," the UN official said, referring to the
Rajapaksa administration's announcement of a "mechanism."
"It
will be a
sham," the UN official continues. Inner City Press asked, but
how long will it take the UN to reach that conclusion? The UN
official shrugged. "They have to appoint the members." He
paused. "Susan Rice did a very good thing," he said,
referring to US Ambassador Rice's May 10 statement on Sri Lanka.
"She
welcomed
it but listed expectations which they will never meet," the UN
official said.
Inner
City Press
asked the official, as it has now asked the US State Department, what
ever came of the committee the Rajapaksa administration named in
November 2009. The official shrugged. "There is an EU statement
coming," he said.
Earlier
on May 11,
as US Ambassador Susan Rice entered the Security Council for a
meeting on terrorism sanctions, Inner City Press began to ask for a
question about the statement issued in her name the previous day -
what does it mean for the U.S.' support of Ban Ki-moon intention
announced on March 5 to name a panel of experts to advice him on
accountability in Sri Lanka?
Ambassador
Rice
indicated she was busy. Later a genial Mission staffer came to asked
what the question was -- Inner City Press rephrased it -- and said he
would go in and get an answer. But leaving the Council along with
Ambassador Rice, he said he'd have to check with the "Sri Lanka
people."
Hours
later in the UN's North Lawn building he again
promised an answer. But still as of close of business and deadline,
none was provided. Inner City Press sent this and other questions to
an Assistant Secretary of State in Washington. Watch this site.
UN's Ban and Susan Rice, experts on war crimes not shown
From
the UN's
May
10 transcript:
Inner
City Press: There is a report in Sri Lanka that the visit of Lynn
Pascoe has been delayed by the Government; that the request was made
that it be in mid-May. The Government said no. Now dates in June
have been proposed, and this article.. seems to link Pascoe’s visit
with the appointment of this Panel of Experts to advise the
Secretary-General on accountability -- meaning they wouldn’t be
named until his visit. And now the visit, according to this, has
been put off to June. Does the UN disagree with this portrayal? What is
the connection between his visit and the naming of the panel? And is
the visit not, in fact, going to take place in May despite
the wheels that you described being motion?
UN
Spokesperson Martin Nesirky: Well, thank you for prompting me; the
wheels are still in motion on both the visit by Mr. Pascoe…
Inner
City Press: Does the Government have the brakes on your wheels?
Spokesperson
Nesirky: Well, that’s for you to ask the Government of Sri Lanka. What
I can tell you is that the UN wheels are definitely turning, and
they’re well-oiled. And what they’re turning towards is, one, a
visit by Mr. Pascoe, and, two, for the Panel of Experts that we’ve
discussed many times here.
Inner
City Press: This article says that there are some connections between
the two; that that the panel would not be named before the visit is
made. I have been told by the Permanent Representative of Sri Lanka
that, given changes on the ground there, no panel is needed and he
predicts that no panel will be named. So, is there any connection at
all between Mr. Pascoe’s visit and the naming of the panel that’s
now been delayed more than two months? Or not been delayed; it’s
been two months since it was announced it would happen.
Spokesperson
Nesirky: Well, I don’t think that we should draw a line between
the two or to see this as cause and effect. The visit and the
composition and naming of the panel -- these are two separate
matters.
Footnote: another
reason clarification of Ambassador Rice's statement, is sought is the
re-emergence in State Department of Samantha "Problem from Hell" Power,
who wrote the -- well, a -- book on the lack accountability for war
crimes. What does she think of the statement?
USUN
PRESS RELEASE # 083
May
10, 2010
AS
DELIVERED
Statement
by US Ambassador Susan E. Rice on Sri Lanka's Announcement of a
Commission on Lessons Learned and Reconciliation
The
U.S. Government welcomes President Rajapaksa's announcement of his
intention to establish a Commission on Lessons Learned and
Reconciliation to examine key aspects of the recently ended conflict
in Sri Lanka and his acknowledgment in doing so that accountability
for serious violations of international humanitarian law is a crucial
pillar of national reconciliation and the rule of law. Experience in
other countries has shown that commissions of inquiry can play a
valuable role in advancing accountability when they are appropriately
constituted and enjoy broad public support. Particularly important
in this regard, broad experience has shown that to be effective in
advancing accountability and reconciliation, commission members
should be and be perceived as independent, impartial and competent;
their mandate should enable them fully to investigate serious
allegations of violations and to make public recommendations;
commission members and potential witnesses must enjoy adequate and
effective protection; the commission must receive adequate resources
to carry out its mandate; and the Government should undertake to give
serious consideration to its recommendations. We hope the commission
will also reflect the desires and requests of the citizens of Sri
Lanka, who were the primary victims of the conflict. Being responsive
to their needs will be an important measure of the commission's
success. In light of these general principles, we would welcome the
Sri Lankan Government's commitment to give the Commission on Lessons
Learned and Reconciliation a mandate to probe violations of
international standards during the final stages of the conflict and
to identify those responsible and, we would expect, to make
appropriate public recommendations based on its findings.
* * *
On
Sri Lanka, UN Soft Pedals Humanitarian Law, Still No War Crimes
Panel for Ban Ki-moon after Gota Rajapaksa Threats
By
Matthew Russell Lee
UNITED
NATIONS, May 9, updated -- On
Sri Lanka, more than two months after UN Secretary General
Ban Ki-moon said he would name a group
of expert to advise him on
possible war crimes, still no panel has been named. Now, the
Rajapaksa government of Sri Lanka has announced its own "mechanism."
The
country's
Ambassador to the UN Palitha Kohona told Inner City Press he advised
Colombo to better publicize the "mechanism." He predicted
that Ban will never actually name a panel. He asked, smiling, "For
what? For money?"
Inner
City Press
on May 7 asked Ban's spokesman about the panel, and his top
humanitarian official John Holmes about restrictions placed by the
government, including its rejection of the UN Common Humanitarian
Action Plan, which has blocked non governmental organizations from
providing assistant in Vavuniya, about the lack of access to those in
"rehabilitation" camps, even by the Red Cross, and other
restrictions on NGOs. Video here,
from Minute 39:09.
Holmes
in his
careful answer several times called relations with the Rajapaksa
government "difficult" but still tried to make it seem
fine, that for example over 10,000 people have been incarcerated
without trial or visit for more than a year. He noted that the
government threw the Red Cross out of parts of the country, and said
he "hoped" they could return, including so that donor money
could flow for "decent rehabilitation."
Holmes
estimated
the number in the "rehabilitation" camps at 11,000 to
12,000. He said there are still 80,000 in IDP camps, and some 220,000
"returnees." He did not note how few of them could vote,
although he seemed to use the elections as the excuse for the lack of
humanitarian access. Video here,
from Minute 42:24.
UN's Holmes, humanitarian access and war crimes
panel not shown
Inner
City Press asked
UN Spokesperson Martin Nesirky about the
Inner
City Press: number of days since the Secretary-General said he was
forming this panel to advise him on war crimes in Sri Lanka. In the
last 24 hours the Defense Minister, Gotabaya
Rajapaksa, has said that
anyone that would seek to testify about war crimes by the Sri Lankan
Government should be put to death. It’s a capital offense and it’s
treason. So I am wondering: this seems like a pretty extreme
position in the light of international justice trying to collect
evidence of war crimes anywhere. What’s the response to that and
what does this “no delay” thing mean now that the panel formation
was announced?
Spokesperson
Nesirky: Well the “no delay” thing means what it says. There is
no delay. The Secretary-General is pushing ahead with putting
together the panel of experts that we’ve talked about a number of
times, here and elsewhere. Not only the panel, but the terms of
reference; that is being actively worked on. There is no delay. Okay.
Inner
City Press: And then there is no comment on Gotabaya Rajapaksa’s
comment that anyone that [interrupted]
Spokesperson:
Not at the moment, no.
Update: as quoted
by AFP,
"Any
Sri Lankan promoting an agenda which is detrimental to the country is
nothing but a traitor...," said Gotabhaya [Rajapaksa to Sri Lank's The
Island newspaper, published May 6]."Traitors
deserve capital punishment."
Inner City
Press
has conveyed, to the most senior UN officials, how conclusively lame
it would appear if Ban never even named this long promised panel to
advise himself on possible war crimes in Sri Lanka. It is understand
that Ban himself heard this on May 7. Some say the
announcement is near. It has already been far too long.
And see,
www.innercitypress.com/sri3unfollow051010.html
* * *
Spokesperson Martin
Nesirky: A visit
by the Under-Secretary-General for Political Affairs, Lynn Pascoe, is
in the works and is likely to take place fairly soon. We don’t
have a date yet, but it’s in, if you like, an active planning
phase. So that’s to answer the first point. The second point: the
Secretary-General has made clear that this panel of experts will
be put together without delay, and I know that that is indeed the
case. People are working actively on putting that panel together. It is
not complete yet, and neither are the terms of reference. But
active work is being done on this and the Secretary-General is very
clear that there will be no delay. But it needs to be done properly.
, 
