Tamil Diplomat

If Sri Lanka fails to implement UN resolution, Multi-National Mechanism through UN, NPC adopts resolution

The NPC has adopted a resolution by M.K.Sivajilingam, calling the UN to set up an International Mechanism for war crimes in the context of the Sri Lankan Government being not willing to implement the UN resolution 30/1 adopted in 2015.

The resolution also called for a complete autonomy with merged North and East be granted in the new constitution.

Acknowledging that the Tamil Nation is a national race having the right for an autonomy in their home land in merged North and East, the Sri Lanka government should grant a Neutral Political Solution granting at least a full and complete Federal system, declare it in the new Constitution and ratify it, says the resolution.

A special sitting of the NPC was held yesterday with Leader of the House C.V.K.Sivagnam in the Chair.

The resolution was adopted with amendments proposed by the members, with members Jeyathilleka and Seneviratne voting against and Leader of the opposition, Thavarasa staying neutral.

The full text of the resolution is available here:

“In reference to UNHRC Resolution 30/1 Co-sponsored by Sri Lanka in September 2015 Sessions
 
Recalling that the Government of Sri Lanka was a co-sponsor and signatory to the Resolution 30/1 titled “Promoting reconciliation, accountability and Human rights in Sri Lanka” at the UNHRC session in Geneva in September 2015, committing itself to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law ,as applicable and affirming that   a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also  affirming in this regard the importance of participation in a Sri Lankan Judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defense lawyers and authorized prosecutors and investigators;
Noting with concern that the Government of Sri Lanka has not taken any meaningful steps to implement its own commitment to establish an impartial credible mechanism;
 
Recognizing that the victimized Tamil people do not have any confidence on any domestic judicial mechanism that does not contain majority of foreign judges, lawyers, prosecutors and investigators;
 
The Northern Provincial Council of Sri Lanka resolves that:
    1. The Government of Sri Lanka has not taken adequate measures to fully implement the Resolution 30/1 that it co-sponsored at the UNHRC Session in September 2015, especially with regard to the accountability, establishment of a Commission for truth, reconciliation; non–recurrence of oppression, return of  lands  to its rightful civilian owners and  an office of reparation
    1. The Government of Sri Lanka has not taken any meaningful steps for a credible justice process and an accountability mechanism that it had accepted, promised and committed to the UNHRC and to the International Community.
    1. Since Sri Lanka being unable or unwilling to implement its own commitment, this Council calls upon the UNHRC to refer the case to an International judicial mechanism;
    1. This Council emphasizes  that without truth, justice and an equitable political solution, neither reconciliation nor permanent peace is possible in Sri Lanka;
    1. This Council calls upon the UNHRC and the International Community to require Sri Lanka to agree to an International accountability mechanism, ratify the Rome Statute as recommended by the OHCHR investigation on Sri Lanka (OISL) Report of September 2015 and offer the Tamils a political solution with the Mediation of the UN;
    1. Recognizing that the Tamil People are a Distinct Nation with their traditional homeland in the contiguous North–East region of Sri Lanka, and they are entitled to self–determination, the Government of Sri Lanka must offer the Tamils an equitable political solution which at the minimum shall consist of the merged Northern and Eastern Provinces offering full and complete federalism with explicit declaration and recognition of such system in the Constitution.”