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India, Myanmar and Sri Lanka get tongue lashing from UN rights chief Prince Zeid
SAM Report, September 13, 2017
UN High Commissioner for Human Rights, Prince Zeid Ra’ad bin Hussein
The UN High Commissioner for Human Rights, Prince Zeid Ra’ad bin Hussein, has give three countries in the South Asian region a tongue lashing for their callousness towards grave human rights issues. These are India, Myanmar and Sri Lanka.
In his opening speech at the 36 th.session of the UN Human Rights Council (UNHRC) in Geneva on Monday, Zeid “deplored” India’s decision to deport 40, 000 Rohingyas on the grounds that they are illegal immigrants.
“I deplore current measures in India to deport Rohingyas at a time of such violence against them in their country. Some 40,000 Rohingyas have settled in India, and 16,000 of them have received refugee documentation. The Minister of State for Home Affairs has reportedly said that because India is not a signatory to the Refugee Convention the country can dispense with international law on the matter, together with basic human compassion,” Zeid said.
“However, by virtue of customary law, its ratification of the International Covenant on Civil and Political Rights, the obligations of due process and the universal principle of non-refoulement. India cannot carry out collective expulsions, or return people to a place where they risk torture or other serious violations,” he added.
Increasing intolerance
Turning to the overall human rights situation in India, Zeid said: “I am also dismayed by a broader rise of intolerance towards religious and other minorities in India. The current wave of violent, and often lethal, mob attacks against people under the pretext of protecting the lives of cows is alarming. People who speak out for fundamental human rights are also threatened.”
“Gauri Lankesh, a journalist who tirelessly addressed the corrosive effect of sectarianism and hatred, was assassinated last week. I have been heartened by the subsequent marches calling for protection of the right to freedom of expression, and by demonstrations in 12 cities to protest the lynchings.”
“Human rights defenders who work for the rights of India’s most vulnerable groups – including those threatened with displacement by infrastructure projects such as the Sardar Sarovar Dam in the Narmada river valley – should be considered allies in building on India’s achievements to create a stronger and more inclusive society. Instead, many are subject to harassment and even criminal proceedings, or denied protection by the State.”
Appalling Conditions in Myanmar
On Myanmar he said: “I am appalled by reports that the Myanmar authorities have now begun to lay landmines along the border with Bangladesh, and to learn of official statements that refugees who have fled the violence will only be allowed back if they can provide proof of nationality”.
“Given that successive Myanmar governments have since 1962 progressively stripped the Rohingya population of their political and civil rights, including citizenship rights – as acknowledged by Aung San Suu Kyi’s own appointed Rakhine Advisory Commission – this measure resembles a cynical ploy to forcibly transfer large numbers of people without possibility of return.”
“Another brutal security operation is underway in Rakhine State – this time, apparently on a far greater scale. According to UNHCR, in less than three weeks over 270,000 people have fled to Bangladesh, three times more than the 87,000 who fled the previous operation.”
“Many more people reportedly remain trapped between Myanmar and Bangladesh. The operation, which is ostensibly in reaction to attacks by militants on 25 August against 30 police posts, is clearly disproportionate and without regard for basic principles of international law.”
“We have received multiple reports and satellite imagery of security forces and local militia burning Rohingya villages, and consistent accounts of extrajudicial killings, including shooting fleeing civilians.”
Text Book Ethnic Cleansing
What is going on in Myanmar is a “textbook case of ethnic cleansing” Prince Zeid said.
“Last year I warned that the pattern of gross violations of the human rights of the Rohingya suggested a widespread or systematic attack against the community, possibly amounting to crimes against humanity, if so established by a court of law. Because Myanmar has refused access to human rights investigators the current situation cannot yet be fully assessed, but the situation seems a textbook example of ethnic cleansing.”
“The Myanmar Government should stop claiming that the Rohingyas are setting fire to their own homes and laying waste to their own villages. This complete denial of reality is doing great damage to the international standing of a Government which, until recently, benefited from immense good will.”
“I call on the Government to end its current cruel military operation, with accountability for all violations that have occurred and to reverse the pattern of severe and widespread discrimination against the Rohingya population. I strongly urge the authorities to allow my Office unfettered access to the country.”
Extension of Universal Jurisdiction to Sri Lanka
As regards Sri Lanka, Zeid reiterated his demand for the extension of Universal Jurisdiction to Sri Lanka to enable courts in any part of the world to entertain war crimes cases against the Sri Lankan armed forces.
“The absence of credible action in Sri Lanka to ensure accountability for alleged violations of international human rights law and international humanitarian law makes the exercise of universal jurisdiction even more necessary,” Zeid said in his opening speech at the 36th. session of the UNHRC in Geneva on Monday.
The UNHRC has been charging that in the final phase of Eelam Wa IV against the Tamil Tiger rebels, the Sri Lankan armed forces had committed war crimes.
“I urge the (Sri Lankan) Government to swiftly operationalize the Office of Missing Persons and to move faster on other essential confidence building measures, such as release of land occupied by the military, and resolving long-pending cases registered under the Prevention of Terrorism Act.”
“I repeat my request for that Act to be replaced with a new law in line with international human rights standards.”
“In the North, protests by victims indicate their growing frustration over the slow pace of reforms. I encourage the Government to act on its commitment in Resolution 30/1 to establish transitional justice mechanisms, and to establish a clear timeline and benchmarks for the implementation of these and other commitments. “
“This should not be viewed by the Government as a box-ticking exercise to placate the Council, but as an essential undertaking to address the rights of all its people,” Zeid said.
Impact of Universal Jurisdiction
In a sense, the Sri Lankan government has already accepted Universal Jurisdiction as in the last UNHRC resolution it co-sponsored, it “appreciated” Zeid’s recommendations which included Universal Jurisdiction.
However, in reality, whenever the issue of international action under Universal Jurisdiction against Sri Lankan army officers crops up, the Sri Lankan government categorically states that it will not allow any officer to be dragged to face trial in any foreign court.
President Maithipala Sirisena had himself said this recently, when a Former Army Commander and Ambassador in Brazil Gen. Jagath Jayasuriya, was issued a summons by a court in Brazil for alleged war crimes. Gen. Jayasuriya had escaped arrest as he had finished his tenure and left the country by the time the summons was issued.
But Gen. Jayasuriya’s predecessor as Army Chief, Field Marshal Sarath Fonseka has charged that Gen. Jayasuriya had committed war crimes when he was in charge of captured Tamil Tiger cadres in Vavuniya though he was not commanding any fighting unit.
The current Army Chief Lt. Gen.Mahesh Senanayake ticked off Field Marshal Fonseka for letting down army personnel to settle personal scores. Fonseka and Jayasuriya have been at daggers drawn for long.
http://southasianmonitor.com/2017/0...t-tongue-lashing-un-rights-chief-prince-zeid/
SAM Report, September 13, 2017
UN High Commissioner for Human Rights, Prince Zeid Ra’ad bin Hussein
The UN High Commissioner for Human Rights, Prince Zeid Ra’ad bin Hussein, has give three countries in the South Asian region a tongue lashing for their callousness towards grave human rights issues. These are India, Myanmar and Sri Lanka.
In his opening speech at the 36 th.session of the UN Human Rights Council (UNHRC) in Geneva on Monday, Zeid “deplored” India’s decision to deport 40, 000 Rohingyas on the grounds that they are illegal immigrants.
“I deplore current measures in India to deport Rohingyas at a time of such violence against them in their country. Some 40,000 Rohingyas have settled in India, and 16,000 of them have received refugee documentation. The Minister of State for Home Affairs has reportedly said that because India is not a signatory to the Refugee Convention the country can dispense with international law on the matter, together with basic human compassion,” Zeid said.
“However, by virtue of customary law, its ratification of the International Covenant on Civil and Political Rights, the obligations of due process and the universal principle of non-refoulement. India cannot carry out collective expulsions, or return people to a place where they risk torture or other serious violations,” he added.
Increasing intolerance
Turning to the overall human rights situation in India, Zeid said: “I am also dismayed by a broader rise of intolerance towards religious and other minorities in India. The current wave of violent, and often lethal, mob attacks against people under the pretext of protecting the lives of cows is alarming. People who speak out for fundamental human rights are also threatened.”
“Gauri Lankesh, a journalist who tirelessly addressed the corrosive effect of sectarianism and hatred, was assassinated last week. I have been heartened by the subsequent marches calling for protection of the right to freedom of expression, and by demonstrations in 12 cities to protest the lynchings.”
“Human rights defenders who work for the rights of India’s most vulnerable groups – including those threatened with displacement by infrastructure projects such as the Sardar Sarovar Dam in the Narmada river valley – should be considered allies in building on India’s achievements to create a stronger and more inclusive society. Instead, many are subject to harassment and even criminal proceedings, or denied protection by the State.”
Appalling Conditions in Myanmar
On Myanmar he said: “I am appalled by reports that the Myanmar authorities have now begun to lay landmines along the border with Bangladesh, and to learn of official statements that refugees who have fled the violence will only be allowed back if they can provide proof of nationality”.
“Given that successive Myanmar governments have since 1962 progressively stripped the Rohingya population of their political and civil rights, including citizenship rights – as acknowledged by Aung San Suu Kyi’s own appointed Rakhine Advisory Commission – this measure resembles a cynical ploy to forcibly transfer large numbers of people without possibility of return.”
“Another brutal security operation is underway in Rakhine State – this time, apparently on a far greater scale. According to UNHCR, in less than three weeks over 270,000 people have fled to Bangladesh, three times more than the 87,000 who fled the previous operation.”
“Many more people reportedly remain trapped between Myanmar and Bangladesh. The operation, which is ostensibly in reaction to attacks by militants on 25 August against 30 police posts, is clearly disproportionate and without regard for basic principles of international law.”
“We have received multiple reports and satellite imagery of security forces and local militia burning Rohingya villages, and consistent accounts of extrajudicial killings, including shooting fleeing civilians.”
Text Book Ethnic Cleansing
What is going on in Myanmar is a “textbook case of ethnic cleansing” Prince Zeid said.
“Last year I warned that the pattern of gross violations of the human rights of the Rohingya suggested a widespread or systematic attack against the community, possibly amounting to crimes against humanity, if so established by a court of law. Because Myanmar has refused access to human rights investigators the current situation cannot yet be fully assessed, but the situation seems a textbook example of ethnic cleansing.”
“The Myanmar Government should stop claiming that the Rohingyas are setting fire to their own homes and laying waste to their own villages. This complete denial of reality is doing great damage to the international standing of a Government which, until recently, benefited from immense good will.”
“I call on the Government to end its current cruel military operation, with accountability for all violations that have occurred and to reverse the pattern of severe and widespread discrimination against the Rohingya population. I strongly urge the authorities to allow my Office unfettered access to the country.”
Extension of Universal Jurisdiction to Sri Lanka
As regards Sri Lanka, Zeid reiterated his demand for the extension of Universal Jurisdiction to Sri Lanka to enable courts in any part of the world to entertain war crimes cases against the Sri Lankan armed forces.
“The absence of credible action in Sri Lanka to ensure accountability for alleged violations of international human rights law and international humanitarian law makes the exercise of universal jurisdiction even more necessary,” Zeid said in his opening speech at the 36th. session of the UNHRC in Geneva on Monday.
The UNHRC has been charging that in the final phase of Eelam Wa IV against the Tamil Tiger rebels, the Sri Lankan armed forces had committed war crimes.
“I urge the (Sri Lankan) Government to swiftly operationalize the Office of Missing Persons and to move faster on other essential confidence building measures, such as release of land occupied by the military, and resolving long-pending cases registered under the Prevention of Terrorism Act.”
“I repeat my request for that Act to be replaced with a new law in line with international human rights standards.”
“In the North, protests by victims indicate their growing frustration over the slow pace of reforms. I encourage the Government to act on its commitment in Resolution 30/1 to establish transitional justice mechanisms, and to establish a clear timeline and benchmarks for the implementation of these and other commitments. “
“This should not be viewed by the Government as a box-ticking exercise to placate the Council, but as an essential undertaking to address the rights of all its people,” Zeid said.
Impact of Universal Jurisdiction
In a sense, the Sri Lankan government has already accepted Universal Jurisdiction as in the last UNHRC resolution it co-sponsored, it “appreciated” Zeid’s recommendations which included Universal Jurisdiction.
However, in reality, whenever the issue of international action under Universal Jurisdiction against Sri Lankan army officers crops up, the Sri Lankan government categorically states that it will not allow any officer to be dragged to face trial in any foreign court.
President Maithipala Sirisena had himself said this recently, when a Former Army Commander and Ambassador in Brazil Gen. Jagath Jayasuriya, was issued a summons by a court in Brazil for alleged war crimes. Gen. Jayasuriya had escaped arrest as he had finished his tenure and left the country by the time the summons was issued.
But Gen. Jayasuriya’s predecessor as Army Chief, Field Marshal Sarath Fonseka has charged that Gen. Jayasuriya had committed war crimes when he was in charge of captured Tamil Tiger cadres in Vavuniya though he was not commanding any fighting unit.
The current Army Chief Lt. Gen.Mahesh Senanayake ticked off Field Marshal Fonseka for letting down army personnel to settle personal scores. Fonseka and Jayasuriya have been at daggers drawn for long.
http://southasianmonitor.com/2017/0...t-tongue-lashing-un-rights-chief-prince-zeid/
