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Abuse
For one week, the visiting High Commissioner had endured several barbs, cast at her by senior members of the ruling Administration, on whose invitation she was in the island. The criticism itself was nothing new in Sri Lanka; thinly veiled aspersions cast on her ethnic origins, allegations of collaborating with the LTTE rump or being an agent of Western imperialists. A proposal of marriage by the Government’s Public Relations Minister Mervyn Silva was the most outrageous and blatantly sexist remark of all.
Ordinarily, diplomats are shocked in private, but publicly maintain a poker face on the insults emanating from sections of the Government. High Commissioner Pillay took the issue head on.
“The abuse has reached an extraordinary crescendo this past week, with at least three Government ministers joining in,” she said in an extensive statement on her week long mission.
“Some media, ministers, bloggers and various propagandists in Sri Lanka have, for several years now, on the basis of my Indian Tamil heritage, described me as a tool of the LTTE,” Pillay charged in a rare moment of diplomatic candour. “They have claimed I was in their pay, the “Tamil Tigress in the UN.” This is not only wildly incorrect, it is deeply offensive”
“Firstly, let me say, I am a South African and proud of it,” the UN Envoy retorted, identifying herself simply as a citizen of the Rainbow Nation.
In a scathing attack on the LTTE, Pillay said it was a murderous organisation. “Those in the Diaspora who continue to revere the memory of the LTTE must recognise that there should be no place for the glorification of such a ruthless organisation,” she told journalists.
Pillay acknowledged that President Mahinda Rajapaksa had, during his talks with her last Friday (30) apologised on behalf of his Ministers. “I was comforted by that,” she explained.
Reprisals
The fact that the remarks were addressed to Pillay while she was on a high level diplomatic mission on the explicit invitation of the Government was extraordinary. But more extraordinary, for the visiting UN Rights Chief was the fact that persons who had made representations during her tours of the former conflict zones had been visited by police and military officials. “This to me is just completely over the top – this kind of thing simply does not happen on my missions,” Pillay charged during the question and answer session. “The UN takes reprisals against those who speak with UN officials very seriously. I will be reporting on any reprisals against those who spoke with me back to the Human Rights Council,” she warned.
On every critical issue falling within her mandate the UN Envoy pulled no punches. She had her own assessment on virtually every current challenge to democracy and freedom in post-war Sri Lanka. “The war may have ended, but in the meantime democracy has been undermined and the rule of law eroded,” she said, reading from one of the more electrifying sections of her statement.
On the hot button issue of religious intolerance, with attacks against the Muslim community intensifying in the last few months, the UN Envoy said the Government had downplayed the issue. “They said it was an isolated incident, but the information pouring into my office indicates otherwise,” she said.
Disappearances being the overarching theme of her visit, Pillay told journalists after her briefing that she had never witnessed such uncontrollable grief as when people begged her to help bring their loved ones home.
“The fighting may be over, the suffering is not,” the UN Human Rights Chief said, as she prepared to leave Sri Lanka.
The High Commissioner took great pains to address repeated questions on alleged UN bias put to her by the state media during the briefing. She urged journalists to “read the published material” to learn how vocal her office was being about human rights issues around the world, including those violations committed by powerful countries. “Sri Lanka is one of 193 states reviewed by the UNHRC. The US in its review had almost 300 recommendations made to them by other states,” Pillay explained.
She added that UN independent experts were currently examining Extraordinary Rendition procedures, the Guantanamo Bay detention facility and drone strikes against civilians in Afghanistan and Pakistan – all violations Washington has been accused of by human rights activists.
As query after query on the perception that the UN was unfairly targeting Sri Lanka for action was fired at her, an unfazed Human Rights Chief took the questions calmly, thinking on her feet every time, never fumbling for answers.
Pillay said journalists would be doing a great service to Sri Lankan readers if they raised these other areas of the UNHRC’s focus. “If you truly compare the UPR, the state that claims to be the most highly developed had almost 300 recommendations made to it by other states. All you need do is just scroll and see what those recommendations are,” she urged.
But it was her parting shot that sent shockwaves through the room and had journalists reaching for their phones and computers.“I am deeply concerned that Sri Lanka, despite the opportunity provided by the end of the war to construct a new vibrant, all-embracing state, is showing signs of heading in an increasingly authoritarian direction,” Pillay said, a remark that was to be broadcast around the world in minutes.
Justice for victims
Throughout the briefing it was clear that Pillay had been profoundly moved by what she had witnessed. Her clarion call at the end of what she called the longest mission to any country during her tenure was for justice for victims of a brutal 30 year conflict. Victims, she reinforced, no matter who killed them. “As High Commissioner for human rights I do not distinguish between victims and who killed them. It is a violation that their lives have been lost,” she said, explaining to a journalist that she had also met with families of people victimised by the LTTE.
Her remarks were not unexpected, not as the Government claims because she arrived full of prejudgment, but because as the world’s foremost human rights crusader and an idealist, her job is not to pacify governments, but speak for victims. Pillay’s efforts might be buoyed by powerful world states rallying behind the same cause, but realpolitik is not her chief concern. At the end of a long morning, journalists left the UN Compound on Saturday, full of stories. Her formidable delivery would be more difficult to capture. Navi Pillay had been worth the wait. Tigress she might be, but perhaps not quite in the way her detractors mean.
Scribes grill UN Envoy
Following an extensive six-page statement to the Sri Lankan press corps on Saturday, visiting UN Human Rights Chief Navi Pillay took questions from journalists about aspects of her visit.
Excerpts of that Q&A session follow:
Q: (SLBC) Many atrocities were committed by the other side. Did you meet the victims of the LTTE? Will you be including those statements in your report?
A: I met all victims as I said in my statement. As High Commissioner for Human Rights I don’t distinguish between victims and who killed them. It’s a violation that their lives have been lost. I met many of them and they gave me careful accounts of what happened. Including families of LTTE cadres they also want to know what happened to their husbands or brothers. I will be reporting on all these matters. Actually my second visit here was in 2000 to honour Neelan Tiruchelvam who was killed by the LTTE.
Q: (Daily Mirror) You referred to war crimes by both sides, can you define what you meant?
A: With regard to war crimes, based on the Secretary General’s Panel of Experts report based on facts, they felt that the killings were so widespread and systematic that there has to be proper investigations. No one can say whether huge crimes have been committed unless there are proper credible investigations. This is the kind of call I have been making all the time – proper investigations, which I’m now making here, urging Sri Lanka to do that themselves.
Q: (Derana) The general public believes an international inquiry would be a challenge to sovereignty of the country.
A: Yes that is the Government’s position. My position is that I want to see the truth come out through a credible independent investigation as well as action to hold anyone responsible for violence to account and reparation for victims. This is the call I make in all countries I have visited that have emerged through conflict and I have visited more than 60 countries.
My first hope is that Sri Lanka will hold to account through a proper national process as the President had committed back in 2009 to the UN Secretary General. Since then we have had the LLRC report which while welcomed was never set up to be a full investigation.
We have also had the courts of inquiry appointed by the army which do not have the transparency or independence to be credible. Now the Government has appointed a new commission of inquiry into disappearances which is welcomed but unless there is more comprehensive effort to uncover the truth, then the calls being made both inside this country and outside and by the international community, those calls are likely to continue.
That’s why I’m here, trying to offer my support to conduct credible investigations. The reality is that there is no protection here for witnesses and victims to testify and have some confidence in the process. This act I do believe has to be adopted. It’s been in the pipelines since 2007.
Q: (Daily News) Why isn’t it possible for you to put your money where your mouth is and ensure that perpetrators in the LTTE also who are free in most countries and the TNA which the LTTE called its representatives are also called to account? Why is the Sri Lankan Government alone being called to account?
A: Let me first emphasise neither I nor the UNHRC have called for an investigation a scrutiny or an investigation just on the excesses of the Sri Lankan Army. We call for investigation into all killings, all deaths all disappearances wherever the perpetrators are. The best authority to commence those investigations is the Government of the country concerned. With regard to people abroad, this is a law enforcement matter and here again the Government might obtain international cooperation if it began a credible process to track perpetrators who are now outside the country.
Q: (Ceylon Today) You refer to Sri Lanka’s shift to increasing authoritarianism. Given this context do you think the Government is in a position to conduct an independent inquiry into allegations?
A: I notice that the recent Commission to inquire into Disappearances that the President has appointed has a highly respectable commissioner sitting on that. So it is possible to identify persons in whom the community has trust to make appointments of such persons. It’s always possible to begin a credible process. And we are here, the UN to identify the needs assessment for proper scrutiny and we offer to assist as well. I have often urged during my meetings that civil society and communities be consulted during these decisions that are being made in their interest.
Q: (Rupavahini) With regard to the TNA, what is the level of their commitment for genuine reconciliation? Some of their candidates talking about taking up arms again?
A: This is a matter that clearly falls under the internal political issues that concern Sri Lanka. My mandate as you know is for human rights, not political matters. But the President did give a commitment to the Secretary General to fully implement the 13th Amendment and the UNHRC has also encouraged meaningful devolution to proceed.
The LLRC has also stressed the importance of this issue for long term reconciliation and I hope all parties will engage in dialogue on the important issue of the 13th Amendment. The forthcoming elections will of course be an important test in this regard and I hope it will be conducted in a peaceful way. I am not qualified to comment on the candidates, this is for the electorate to do.
Q: (AFP) You mentioned some disturbing incidents during your visit and also that some Ministers had made statements. Can you elaborate on that?
A: Firstly the disturbing incidents are that people have been reporting that they been visited by Police. That does not happen on my missions. To me this just does not happen during my missions. Which is why I am stressing that there must be freedom of speech to address their concerns to an important visitor invited by the Government. The statements by the three Ministers are what I myself read in the media. I was comforted that the President apologised for those statements.
Q: (Daily Mirror) The President raised issue of UN bias. Can you comment?
A: Many of you in the Sri Lankan media may not know that the UNHRC has the UPR where other governments review the HR records of Governments. Sri Lanka is one of 193 states reviewed by the UNHRC Maybe you might be interested to know that Sri Lanka has had its second review, the US in its review had almost 300 recommendations made to them by other states. So this is the process and it’s just not accurate at all to think that the UN is biased against Sri Lanka or any country at all.
The UN is of course made up of governments. The Secretary General and I and other officials are civil servants and we operate by the rules and regulations made by governments. And those rules and regulations if violated is what the UN points out to governments. If you call that criticism, that’s what the UN does. We can’t be praising people all the time. So where there are gaps we then raise a critical voice, but always with the intention to help.
Rupert Colville (Spokesman for Pillay): To some extent you get a perception of bias because you, the Sri Lankan media always reports what the UN says about Sri Lanka. You don‘t report what the UN says about Guatemala or the Congo, or other places. So you may see the High Commissioner speaking more about Sri Lanka than any other country but that is not the reality. As she said she’s visited 60 countries. We make statements about countries all over the world.
Q: (Derana) Why is the UN only harping on investigation into last phase of the war when so many atrocities were committed over 30 years especially by the LTTE. Can you name any other country that has allowed investigations of this nature?
A: Firstly do look at the resolution passed by the UNHRC – it says all outstanding issues of accountability. So it covers the entire period. I am also concerned that the mandate of the Commission appointed by the President is also limiting territorially and in terms of time. The HRC has set up commissions of inquiry in respect to many countries, Timor Leste, Syria, the Democratic People’s Republic of Korea or North Korea.
Q: (SLBC) All these countries are third world or poor. Why do I get the impression the countries belonging to the Western world are lily white? Why does the UNHRC not raise those issues?
A: You can do so much to assuage the perception of people that the UN is really only looking at Sri Lanka. If you look at all the published material out there, we do a HR report of every country. It’s just an honest exposure, that’s a start. Then you have the special procedures and independent experts, five of them have already done a report on counterterrorism and the measures adopted in Europe on counter terrorism. Right now there are independent experts examining Guantanamo Bay Prisons, renditions, all the issues that concern all of us. One special rapporteur reported on drone attacks.
Q: (Daily News) Are there investigations on drone attacks?
A: Yes, there are. I encourage the youth parliamentarians – look at international issues, emerging issues such as environment, drone attacks, internet censorship. And really I think you would be doing a huge benefit for Sri Lankan readers if you raise these issues. If you truly compare the UPR, the state that claims to be the most highly developed had almost 300 recommendations made to it by other states. All you need do is just scroll and see what those recommendations are, there would be issues that the population here would be interested to hear about.
Q: (Sunday Times) What’s the most compelling memory you take back?
A: My most compelling memory is the warmth and hospitality of Sri Lankans that was very, very moving. When they approached me, it was not a particular language group or religion, it was Sri Lankans; I was quite overwhelmed when they told me that my visit was very important to them. To them I said we would keep the lens on Sri Lanka and help Sri Lanka in any way we can.
Q: (Rupavahini) How do you verify authenticity of allegations of reprisals against those who spoke with you?
A: Let me answer also from my capacity as a judge. What do you do when you receive a complaint? You investigate. All I am calling for is an investigation into these reports of intimidation. If I am faced with a bare denial, then I report what I am told by members of the community.
Q: (Daily FT) Did anyone in the Government make a request of the UN to lift the confidentiality clause in the Panel of Experts report during your meetings?
A: No one did. But I could add that the Panel of Experts was an independent body and the material collected is subject to standard policies on confidentiality which are set by the Secretary General. And this is a context in which there is no protection for victims and witnesses and since there have been reprisals against people who have cooperated with the UN mechanisms, the Secretary General in his judgment has placed an embargo on some of that material.
