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India seeks to back non-intrusive resolution against Lanka at UN rights Council

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India seeks to back non-intrusive resolution against Lanka at UN rights Council

 
 
 
 
Anti-Lanka-Protests.jpg
DMK workers laid siege to the Sri Lankan Deputy High Commissioner's office in Chennai on Match 5, 2013 demanding United Nations Human Rights Council probe into alleged war crimes in Sri Lanka. (TOI photo by C Suresh Kumar)
 
NEW DELHI: The US circulated a draft resolution in Geneva against Sri Lanka on Thursday, which, if supported by India, could upend many of the fundamental "no-go" areas of Indian foreign policy and complicate New Delhi's efforts to honour the sentiments of Tamil MPs while maintaining its interests and ties with Colombo.

Foreign minister Salman Khurshid toldParliament and a section of agitated Tamil MPs on Thursday that "We will take into account the views of the MPs, the developments on the ground, what Sri Lankan government has done and what the other nations have said," before taking a decision on the resolution at the UN Human Rights Council (UNHRC) in Geneva.

Khurshid, like PM Manmohan Singh on Wednesday, refused to commit India's decision until seeing the final text of the resolution. Separately,Ghulam Nabi Azad told members of Tamil Eelam Supporters' Organization (TESO) that India would back a resolution that is non-intrusive.

That looks difficult as the text of the resolution circulated on Thursday, accessed by TOI, has several intrusive provisions. This, however, is the first draft, and likely to be modified before the vote, tentatively scheduled for March 21. India is also pushing the Lankan government to directly deal with the US with their own point of view. Diplomats say the Lankans are yet to hold elaborate talks with Washington.

First, India has had problems with country-specific resolutions, though after voting against Lanka last year, that objection no longer holds water.

Second, observing that Sri Lanka had failed to "honour its public commitments, including on devolution of political authority", the resolution backs the "establishment of a truth-seeking mechanism as an integral part of a more comprehensive and inclusive approach to transitional justice".

The high commissioner for human rights has demanded an "independent and credible international investigation into alleged violations of international human rights law and international humanitarian law", and the resolution asks Lanka to implement it. This would open up external intrusion into Lanka's internal affairs. India has traditionally stayed away from such recommendations as they contradict sovereignty provisions that New Delhi guards jealously.

In its explanation of vote last year, the ministry of foreign affairs (MEA) had observed: "We also underline that any assistance from the office of the high commissioner on human rights (OHCHR) or visits of UN special procedures should be in consultation with and with the concurrence of the Sri Lankan Government ... A democratic country like Sri Lanka has to be provided time and space to achieve the objectives of reconciliation and peace."

Third, the resolution asks Sri Lanka to "provide unfettered access to Special Rapporteurs" and the high commissioner for human rights to push this through with "technical assistance" which, diplomats say is a euphemism for intrusive procedures in Lanka. India had welcomed the LLRC report and has pushed for the implementation of 13th Amendment Plus which has been promised by Rajapakse to PM Singh. In the past year, there has been no implementation.

The OHCHR has been asked to produce another interim report on Lanka's compliance during subsequent HRC sessions.

 
 

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