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On Sri Lanka, ICG Calls for Investigation of UN Inaction, Ban Panel Still Delayed

UNITED NATIONS, May 16 -- At the one year anniversary of Sri Lanka's bloodbath on the beach, the UN which pulled out of Kilinochchi before the slaughter, then funded internment camps for Tamils after Secretary General Ban Ki-moon's "victory tour," has come under questioning.

  Inner City Press on May 14 asked UN spokesman Martin Nesirky when Ban would follow through on his intention, announced on March 5, to name a panel of experts to advise him on the issue, and whether Ban's delay was now related to Sri Lanka's belated unveiling of its own "mechanism."

  Nesirky called the mechanism -- dismissed by a slew of human rights groups -- an "interesting development," but said that Ban is independent.

  Now, the International Crisis Group is calling for an inquiry into the UN's own behavior, for an inquiry into "the conduct of the UN during the last year of the conflict, examining the UN’s September 2008 withdrawal from Kilinochchi through to its ineffectual attempts to push for a ceasefire and its involvement in Sri Lankan government internment camps."

  This is from an early copy of ICG's report to be released on May 17. [Full disclosure - the ICG report has a citation to Inner City Press.] ICG's President Louise Arbour said, "The scale of civilian deaths and suffering demands a response. Future generations will demand to know what happened, and future peace in Sri Lanka re-quires some measure of justice." Amnesty International has damning findings, though unlike ICG, under embargo until May 17.

UN's Ban, his HRC, Arbour and HR in background even then

   Meanwhile Sri Lanka's Mission to the UN attacks Inner City Press -- click here for coverage in Sri Lanka of the first leter of new Deputy Permanent Representative Bandula Jayasekera -- as Perm Rep Palitha Kohona lounged around in the General Assembly on May 14 waiting to speak about Somalia piracy. THe air was of impunity, as both Ban and GA President Ali Treki offer assurances of inaction to Kohona and the Rajapaksa administration. One can ask the UN to investigate Sri Lanka -- but who will investigate the UN?

From the UN's May 14 transcript

Inner City Press: A week ago, you’d said that the wheels were, are turning and fully, well-oiled for this visit by Mr. Pascoe to Sri Lanka. Has there been any progress on that? Because the most recent reporting from Colombo is that he won’t be going until June, and there seems to be a controversy of whether now Ban Ki-moon, the Secretary-General, will now await to see how this mechanism, late announced mechanism by the Rajapaksa Administration, how that works out before he moves forward and names his own panel. Is that, that seems to be inconsistent with this idea of no delay. Can you say if there is any relation between the mechanism announced last week by the Rajapaksa Administration and the Secretary-General’s 5 March stated goal to name his own panel?

Spokesperson Martin Nesirky: The Secretary-General remains committed to the panel of experts and setting it up without delay. That remains the case. And as for Mr. Pascoe’s visit, that’s being worked on. I can’t say exactly when it will be, because that’s still being worked on. But it’s in the works.

Inner City Press: And [inaudible] without delay is not changed by this announced mechanism? It’s not that it will be delayed until the mechanism is established?

Spokesperson Neskirky: Obviously, that is an interesting development. But it doesn’t impinge on the Secretary-General’s own stated aim of setting up a panel of experts which would report to him. It’s a separate matter. But, obviously, it’s an interesting development, the news that we’ve heard from Sri Lanka in the last few days on this separate internal, if you like, domestic undertaking. But the Secretary-General’s is a separate matter, as we have said.

We'll see. Watch this site.

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.