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On War Crimes, UN's Ban Listens to Sri Lanka President over Alston's Views

By Matthew Russell Lee

UNITED NATIONS, January 11 -- Days after video footage depicting Sri Lankan soldiers murdering naked and blindfolded prisoners was authenticated by UN Special Rapporteur Philip Alston, Inner City Press asked Secretary General Ban Ki-moon to comment on Alston's urging him to establish a commission of inquiry on war crimes, as Mr. Ban did in Guinea. Video here, from Minute 16:38.

Mr. Ban's answer, surprising to some, distanced Mr. Alston from the UN, giving weight to the Sri Lankan government's out of hand rejection of the video and Mr. Alston's requests.

Ban said of Alston, "he is the Special Rapporteur of the Human Rights Council. He is acting independently. You might have heard statements made by the Sri Lankan Government and his own personal one. We will review all these situations."

The "statements made by the Sri Lankan government" since Alston's report have consisted of claiming Alston violated UN protocol by releasing his experts' report authenticating the video.

When Inner City Press asked Ban's spokesman Martin Nesirky about Sri Lanka's accusations on January 8, Nesirky emphasized that Sri Lanka had not accused Ban of violating protocol. He is correct: by undercutting a UN human rights rapporteur's report by noting the government's denial.


UN's Ban and Nesirky, Sri Lankan independent inquiry not shown

 From the January 11 transcript:

Inner City Press: I also wanted to know if you had any response to Philip Alston, the Special Rapporteur on executions, calling on you to name a Commission of Inquiry for war crimes in Sri Lanka. He said that you did it in Guinea, you could do it in Sri Lanka, and I am wondering what you think of his report and his call?

SG Ban Ki-moon: I have seen the report, and he is the Special Rapporteur of the Human Rights Council. He is acting independently. You might have heard statements made by the Sri Lankan Government and his own personal one. We will review all these situations and we will what the United Nations can do to follow up on these issues. There are still many issues pending: the relocation of displaced persons in Sri Lanka by the end of this month, and the political reconciliation process and also the accountability process, which I have talked to President [Mahinda] Rajapaksa during my visit, to which he had agreed to take the necessary actions. I will continue to follow up on this issue. Thank you very much.

  On January 7, Nesirky told the Press that Ban had let the Sri Lankan government know that he is considering appointing experts to advise him on war crimes in Sri Lanka. Inner City Press asked when Ban had said this, and Nesirky said he'd check.

  Later he confirmed to Inner City Press that the call was three months ago, a letter delivered by the UN's Lynn Pascoe in September. Still, Nesirky insisted, the idea remains "under active consideration."

  Given Ban's January 11 response, to many it does not sound like Ban is in such active consideration. Ban is still replying on Rajapaka's "assurance," and given Sri Lanka's denials primacy over Alston's "personal" views. What was that again, about accountability? Watch this site.

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On Sri Lanka, Last Act of UN's Ban Was Three Months Ago, Despite War Crimes, Authentication by Alston

By Matthew Russell Lee

UNITED NATIONS, January 8 -- The UN on Friday acknowledged that Secretary General Ban Ki-moon's most recent call for accountability for war crimes in Sri Lanka was more than three months ago. Video here, from Minute 13:19.

  Since then, former general Sarath Fonseka has accused senior minister and Presidential brother Gotabhaya Rajapaksa of ordering the summary execution of surrendering Tamil Tiger officials, and video footage depicting Sri Lankan Army soldiers shooting blindfolded and naked prisoners has been authenticated by UN Special Rapporteur Philip Alston -- yet Ban has done nothing more.

On January 7, Inner City Press asked Ban's spokesman Martin Nesirky:

Philip Alston... said that the Secretary-General, he believes, has the power and should appoint such a panel as he has done in the case of Guinea, for example. What’s the Secretary-General’s response? ...Will he do what Mr. Alston is suggesting?

  Mr. Nesirky answered that

the Secretary-General has informed the Government of Sri Lanka that he is considering the appointment of a Commission of Experts to advise him further and to assist the Government in taking measures to address possible violations of international human rights and humanitarian law

  Most media took this at face value, and reported that alongside Alston's findings and Fonseka's accusation of war crimes, Ban was somehow raising the pressure or scrutiny on Sri Lanka. This is not true, however.

  Essentially, in response to a UN Special Rapporteur urging that Ban at least appoint a panel of inquiry into war crimes and the death of tens of thousands of civilians in Sri Lanka, as he unilaterally in response to 157 deaths in Guinea, Ban's spokesman said that Ban has told the government he might do this in Sri Lanka.

  But after Inner City Press asked when, specifically, Ban had communicated this to the Rajapaksa administration, Nesirky had to belatedly acknowledge that it had been in mid-September. Since then, it seems clear, nothing has been done.


UN's Pascoe with Mahinda Rajapaksa, letter and follow up not shown

  Inner City Press asked, how long can consideration be described as active without it resulting in anything? Video here, from Minute 15:04. Nesirky responded that since September, when they received Ban's letter from his political advisor Lynn Pascoe, the Sri Lankan government "will have been considering it."

  But this has had no, or even negative, results. Following Alston's January 7 authentication of the summary execution footage, Sri Lankan President Mahinda Rajapaksa said conclusorily that his "security personnel haven't been involved in any misconduct," and complained that Alston had "breached UN protocol" by not showing them his report before going public. Since this was described in many news articles as Sri Lanka accusing the UN of violating protocol, Inner City Press asked Nesirky about it in this way. Video here, from Minute 15:41.

  Nesirky pointed out that the Sri Lankans have not complained about Ban Ki-moon at all. And that... says it all. Watch this site.

* * *

On Sri Lanka, UN Won't Observe, Has Hopes for IDPs, Mute on Accountability

By Matthew Russell Lee

UNITED NATIONS, January 6 -- On the day the UN belatedly confirmed it would not be providing any observers to attempt to reduce fraud and disenfranchisement in Sri Lanka's January 26 elections, Inner City Press asked Secretary General Ban Ki-moon about the internally displaced people who remain in the camps the government moved and locked them into, and about accountability for war crimes. Video here, from Minute 9:50.

  Ban Ki-moon answered only the first to the two questions, citing Sri Lanka's commitment to empty the camps by the end of January -- that is, after the elections. According to aid groups, over 90,000 people, nearly entirely Tamils, remain in the camps. Fewer than 10% of them are registered to be able to vote.


UN's Ban, Inner City Press in front, answer on accountability not shown

Here was the exchange, as transcribed by the UN:

Inner City Press: I wanted to ask you, if I can, on Sri Lanka. Right now the IDP [internally displaced persons] camps, there are still people inside them. There has also been a failure to do any investigation of the events of May, and most recently, it seems like you have decided not to send electoral assistance to the country. Can you say how the first of those are consistent with the commitments made to the UN, and your commitment to stay on top of this issue?

Ban Ki-moon: On Sri Lanka, their promise, President [Mahinda] Rajapaksa's promise is that by the end of January this year, his Government will have all the remaining displaced persons in the camp resettled, reintegrated into their native homes or some other place. I am going to discuss this matter with the Sri Lankan Government. I hope that they will keep their promise.

  What about accountability? The Special Raporteur on Summary Executions Philip Alston gives a press conference at the UN on January 7. Watch this space.

 Click here for an Inner City Press YouTube channel video, mostly UN Headquarters footage, about civilian deaths in Sri Lanka.

Click here for Inner City Press' March 27 UN debate

Click here for Inner City Press March 12 UN (and AIG bailout) debate

Click here for Inner City Press' Feb 26 UN debate

Click here for Feb. 12 debate on Sri Lanka http://bloggingheads.tv/diavlogs/17772?in=11:33&out=32:56

Click here for Inner City Press' Jan. 16, 2009 debate about Gaza

Click here for Inner City Press' review-of-2008 UN Top Ten debate

Click here for Inner City Press' December 24 debate on UN budget, Niger

Click here from Inner City Press' December 12 debate on UN double standards

Click here for Inner City Press' November 25 debate on Somalia, politics

and this October 17 debate, on Security Council and Obama and the UN.

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These reports are usually also available through Google News and on Lexis-Nexis.

Click here for a Reuters AlertNet piece by this correspondent about Uganda's Lord's Resistance Army. Click here for an earlier Reuters AlertNet piece about the Somali National Reconciliation Congress, and the UN's $200,000 contribution from an undefined trust fund.  Video Analysis here

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