Mahinda reiterates concerns on Geneva resolution

150819160321-sri-lanka-mahinda-rajapaksa-august-2015-exlarge-169Former President Mahinda Rajapaksa today reiterated his concerns over the resolution on Sri Lanka adopted at the UN Human Rights Council in Geneva recently.

Rajapaksa told members of the clergy at the Abeyrama Temple that there are many dangerous operative paragraphs in the resolution, three of which are the most serious and unacceptable.

“According to operative paragraph 6 of the Geneva resolution the government has agreed to establish a judicial mechanism to try war crimes. They have also agreed to the participation of foreign judges, prosecutors, investigators and lawyers in that judicial mechanism. What this means in effect is the setting up of an entirely new parallel criminal justice system in this country outside the existing system. According to operative paragraph 4 of the Geneva resolution, the Sri Lankan government has already agreed to allow these mechanisms that are to be set up to ‘deal with the past’ to obtain financial assistance from foreign countries. What this means is that the mechanisms that will be set up to look into allegations of war crimes and other matters will be paid for and maintained by the Western powers,” he said.

Rajapaksa says if the Geneva resolution is implemented, the countries that sponsored resolutions against Sri Lanka in the Human Rights Council, will be the same countries that provide funding for the judicial mechanisms set up under that resolution and who provide the judges, prosecutors, investigators and lawyers to man those mechanisms.

“The involvement of foreign judges, prosecutors, investigators and lawyers implies the creation of a new criminal justice system parallel to the existing one. I am totally opposed to any such arrangement.  I regard that very suggestion to be an insult to our courts system, legal profession, Attorney General’s Department and investigative bodies,” he added.

He also said that through operative paragraph 8 of the Geneva resolution, the government has already agreed to remove from office members of the army suspected of having committed human rights violations through an ‘administrative process’ even if there is no evidence against him that can be placed before a court of law.

Rajapaksa says the government has co-sponsored the Geneva resolution without considering its implications and without informing parliament and appraising the people about it.

“The laws will be changed in this manner for the sole purpose of punishing our war heroes. Changing the constitution itself to punish the war heroes who brought an end to terrorism which had been stalking this land for forty years and which embroiled the country in a raging internal war for 30 years is a dastardly act.  People belonging to all communities are now able to live in peace in this country because of the sacrifices made by our war heroes,” he added.

He also noted that one of the matters under discussion in Sri Lanka with regard to the CEPA agreement with India was the provision made for Indian professionals of all categories including lawyers to work in Sri Lanka.

“If the laws are amended as envisaged to punish our war heroes, one of the unintended consequences of that will be the opening up of the Sri Lankan legal profession to foreigners even without CEPA. If however, the law is changed only to punish our war heroes and after all the war heroes are jailed the laws are amended once again to restore the status quo ante, then it will become obvious to the people that this government amended the law only to punish our war heroes. That is not an acceptable situation at all,” he said.

Rajapaksa says the people should be vigilant about what some powerful forces are trying to achieve by jailing Sri Lanka’s war heroes, sacking through an administrative process those who cannot be jailed, and breaking the back of this nation. (Colombo Gazette)


  1. It is too late now. You should have thought well before leading the country to this stage. You didn’t think wisely, now you have to pay for it. The UNHRC resolution is like a grip on your neck. The West can push you according to its interests. Tamils and Sinhalese didn’t win by this resolution, but the winner is the West. So far not significant investments from the West, but you can’t turn to China, because the West got a firm grip on your neck. Eventually, people will deliver their verdict to Ranil and Mangala. I have to prove something to Ranil and Mangala, I am waiting for the timing. In politics timing is everything 😉

  2. We really realized that UN human rights the ‘ war crime’ report is that prejudice in fervor of LTTE act of gun rule politics which is justified by US power hegemony.
    The idea Tamils bourgeois want to be established state in the part an Island by using UN human rights ‘ war crime’ report against Majority democracy people of Island.

    The said report proposals want to be implemented by US dominations over the power of Judiciary that to suppressed that sovereignty of current status of Judiciary power of an Island.

    UNO or any UN agencies related organizations has no rights to uproot or removal the judicial sovereignty of nation the very Rights enjoy by people of Sri Lankan by influence of US-policy of bullying Independent country………..Sri lanka.

    Indeed that US sponsored proposal is undermined that split and partitions of Island of Sri Lankan is become urgent task of Tamil diaspora back by US hegemony..

    So-called that ‘Human rights’ report against sovereignty nations is not search for of ‘war crimes’ ,but it is political motivated agenda and road map of partitions of Sri lanka by US vested interest of that US dominations in Indian Ocean.

  3. The way it goes, this Government is all out to implicate MR and his allies for possible war crimes, no matter what happens to the sovereignty or image of the country. It can be a ‘hybrid’ investigation or whatever we would like to call it, the objective will be the same.
    That is to implicate MR and his defence apparatus, thereby diminishing his place in history as one who brought the 30 year war to a conclusion.

    MS, RW and their allies are free to talk anything in the comfort of safety, thanks to MR there is no more threat of bombs going off in buses, trains and public places in Sri Lanka. Some politicians are now talking with relative amnesia, and forget to consider things retrospectively!

  4. If FM Sarath Fonseka is prepared to face any inquiry or court why should you. Face and clear all allegation as a Sinhala Leader

  5. Please leave it to the government elected by people
    Hope you will retire without creating Ethnic tension and headache to the new government

  6. Rajapakse who did not have the guts to speak in the Paliament has guts only to speak in public, why? Scared of what?

  7. Who are the war Heroes? Are the Rajapaksa brothers the true heroes or war criminals? If they have given instructions to bomb the innocent civilians, rape the women,and torture and kill the surrending People, they should answer them.

  8. It does not matter if the person is a soldier or a senior army official. If they have committed war crimes they have to be punished. The rule of Rajapakse which was nothing but no-rule should be stopped and the code – every one is equal before the rule of law should be strictly followed.

  9. I agree.Ramil Maitri pact was hoodwinked by bankrupt super powers who think they can bully a Great Nation like Sri Lanka.I hope the govt will use toolls of Paragama and Desmond De Siva reports to ward off interfearance by foreigners in internal affairs,it is high time all politicians take a unified front against those who agreed to this investigation by foreign jlegal system

  10. This defeated politician must speak-up inside the parliament not in a temple. There is no one to challenge his views; simply shows why he did not attend parliament during UNHCR debate. This former strongman has no way out of the mess he got into due to his ignorance and thirst of power.

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