A memorandum addressed to the UN Secretary General, Ban Ki-Moon, who is on a vist to Malaysia, on the matter of American resolution on Sri Lanka which is being debated by the UN Human Rights Council in Geneva, was handed over to the UN officials in Kuala Lumpur yesterday.
The Resolution during the 19th Session of the Council calls upon Sri Lanka to fully investigate the person responsible for the deaths of thousands of Tamil civilians and to establish genuine reconciliation process. The resolution that will be tabled during the meeting of the UN Human Rights Council beginning from 12 March 2012 is seen as a major step forward in providing substantive reconciliation in the ethnically divided post conflict nation that witnessed nearly 40,000 civilians including ethnic Tamil and Muslims killed and thousands more forcibly displaced.
We view that the current reconciliation process is of serious concern as the proposed postwar reconciliation falls short of a full accountability and is shrouded with impunity. The proposed resolution is seen as a follow up from the findings of a UN-appointed panel in 2011 and as a critical response to the Special Report submitted by Sri Lanka’s own Lessons Learnt and Reconciliation Commission” (LLRC) that was presented to the Sri Lankan parliament on 16 December 2011.
The UN Panel in its findings contradicts many of Sri Lanka’s public assertions made in the LLRC report about the conduct of its troops and supports the allegations that the Sri Lankan military deliberately shelled civilians caught in the war zone. The LLRC report had maintained that the armed forces had not acted inappropriately and also failed to account for the serious allegations of extra judicial killings and enforced disappearances and further failed to make credible recommendations on governance, land issues and the need for a long term political solution. The LLRC report reflects the views of the Government of Sri Lanka. The Government of Sri Lanka takes an unpersuasive, untenable position in campaigning against endorsement of recommendations of its own report.
Amnesty International in September 2011 stated that the LLRC commission’s mandate fell far short of international standards for such inquiries and that it had “failed to appropriately investigate credible allegations of systematic violations by both sides to the conflict”. It says that these crimes include illegal killings and enforced disappearances, widespread shelling of civilian targets such as hospitals and the use of civilians as human shields. Amnesty International also stated that the Sri Lankan government has, for almost two years, used the LLRC as its trump card in lobbying against an independent international investigation.
The LLRC report and commission was also criticized by various international human rights bodies including International Crisis Center and Human Rights Watch.
We are of the position that even though the LLRC process has recognized certain critical aspects of the conflict, it is lacking in key fundamental recommendations and findings to hold the human rights perpetrators accountable as a precursor to the reconciliation process.
We believe that the concerns raised have significant impact on the process of reconciliation and views that the allegations if left unaddressed in a credible and objective manner will create a climate of impunity and defeat the reconciliation process. The Resolution shall provide for a credible solution in establishing accountability on the various human rights violations reported and to provide for a real and workable reconciliation.
We also believe that the UNHRC Resolution will provide for an inclusive process with the participation of the international community and guided by the Charter of the United Nations and the Universal Declaration of Human Rights to ensure the government’s obligations under international law.
We call on the Malaysian government as a member of the UN Human Rights Council to support the Resolution and assist in the reconciliation process of Sri Lanka and affirm its commitment to human rights and humanitarian improvement that Malaysia have demonstrated in response to the recent conflicts in Bosnia and Palestine.
Endorsed by,
1. Academy of Tamil Studies, Malaysia
2. All Women’s Action Society (AWAM)
3. Anak Muda Sarawak (AMS)
4. Association for Promotion of Human Rights in Malaysia (PROHAM)
5. Association of Women Lawyers
6. Centre of Education. Research and Development (CEDAR) Malaysia
7. Council of Temples Malaysia
8. Child Development Initiative Malaysia
9. Child Information Learning and Development Centre
10. Civil Society Committee of LLG Cultural Development Centre
11. Community Action Network (CAN)
12. Community Development Centre (CDC)
13. Dignity International
14. Education and Research Association for Consumers Malaysia (ERA Consumer)
15. Federation of Indian Malaysian Non-Governmental Organisations
16. Group of Concerned Citizens
17. HAKAM (National Human Rights Society)
18. Health Equity Initiatives
19. Indian Malaysian Active Generation (IMAGE)
20. Jaringan Rakyat Tertindas (JERIT)
21. Lawyers For Liberty (LFL)
22. MADPET (Malaysians Against Death Penalty and Torture)
23. Malaysian Tamil Youth Bell Club Council
24. Malaysia Youth and Students Democratic Movement ( DEMA )
25. Malaysia Hindu Dharma Mamandram
26. Malaysia Tamil Artiste Association
27. Malaysia Tamil Neri Kalagam
28. Malaysian Association of Indian University Graduates
29. Malaysian Ceylon Saivites Association
30. Malaysian Civil Liberties Movement (MCLM)
31. Malaysian Dravidian Association
32. Malaysian Hindu Sangam (affiliated with 1,761 Temples organizations)
33. Malaysian Hindu Youth Council
34. Malaysian Indian Business Association
35. Malaysian Indian Entrepreneurs and Professionals
36. Malaysian Indian Historical Association
37. National Indian Advancement Team (NIAT) Malaysia
38. Negeri Sembilan Chinese Assembly Hall Youth
39. Parti Sosialis Malaysia (PSM)
40. People’s Service Organization (PSO)
41. Persatuan Alumni Han Chiang Pulau Pinang
42. Persatuan Kesedarn Komuniti, Selangor
43. Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur
44. Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
45. Persatuan Sahabat Wanita, Selangor
46. Pertubuhan Advokasi Masyarakat Terpinggir Kuala Lumpur dan Selangor (PAMT)
47. Pusat Komunikasi Masyarakat (KOMAS)
48. Saya Anak Bangsa Malaysia (SABM)
49. Solidarity for Civil Rights in China (SCRC)
50. Suara Rakyat Malaysia (SUARAM)
51. Tamil Forum Malaysia (TFM)
52. Tamil Foundation Malaysia
53. Tenaganita (Women’s Force)
54. The New Millennium Indian Business Association of Malaysia
55. Writers Alliance for Independent Media (WAMI)
56. World Tamil Federation – Malaysian Chapter
57. Young Buddhist Association of Malaysia (YBAM)
58. Kuala Lumpur Selangor Chinese Assembly (KLSCA)
