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    Joint Letter To OHCHR On OISL (With Covering Letter)

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    TamilCSF
    This letter from the Tamil Civil Society Forum raises concerns about the lack of consultation by the Sri Lankan government in designing a domestic accountability mechanism, as well as the UN's decision to support such a mechanism. Specifically, the letter notes that: 1) The Sri Lankan government has not consulted victims, who are predominantly Tamil, in designing the domestic mechanism as recommended by the UN High Commissioner. 2) The UN Resident Coordinator recently announced the UN's decision to provide technical support for a domestic mechanism, but questions how the UN can support something that does not yet exist and was not designed through an inclusive consultation process. 3) The letter asks the High Commissioner to clarify how the UN can

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    Joint Letter To OHCHR On OISL (With Covering Letter)

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    TamilCSF
    476 views4 pages
    This letter from the Tamil Civil Society Forum raises concerns about the lack of consultation by the Sri Lankan government in designing a domestic accountability mechanism, as well as the UN's decision to support such a mechanism. Specifically, the letter notes that: 1) The Sri Lankan government has not consulted victims, who are predominantly Tamil, in designing the domestic mechanism as recommended by the UN High Commissioner. 2) The UN Resident Coordinator recently announced the UN's decision to provide technical support for a domestic mechanism, but questions how the UN can support something that does not yet exist and was not designed through an inclusive consultation process. 3) The letter asks the High Commissioner to clarify how the UN can

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    Joint Letter to OHCHR on OISL (With Covering Letter)

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    Joint Letter to OHCHR on OISL (With Covering Letter)

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    This letter from the Tamil Civil Society Forum raises concerns about the lack of consultation by the Sri Lankan government in designing a domestic accountability mechanism, as well as the UN's decision to support such a mechanism. Specifically, the letter notes that: 1) The Sri Lankan government has not consulted victims, who are predominantly Tamil, in designing the domestic mechanism as recommended by the UN High Commissioner. 2) The UN Resident Coordinator recently announced the UN's decision to provide technical support for a domestic mechanism, but questions how the UN can support something that does not yet exist and was not designed through an inclusive consultation process. 3) The letter asks the High Commissioner to clarify how the UN can

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    476 views4 pages

    Joint Letter To OHCHR On OISL (With Covering Letter)

    Uploaded by

    TamilCSF
    This letter from the Tamil Civil Society Forum raises concerns about the lack of consultation by the Sri Lankan government in designing a domestic accountability mechanism, as well as the UN's decision to support such a mechanism. Specifically, the letter notes that: 1) The Sri Lankan government has not consulted victims, who are predominantly Tamil, in designing the domestic mechanism as recommended by the UN High Commissioner. 2) The UN Resident Coordinator recently announced the UN's decision to provide technical support for a domestic mechanism, but questions how the UN can support something that does not yet exist and was not designed through an inclusive consultation process. 3) The letter asks the High Commissioner to clarify how the UN can

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    Tamil Civil Society Forum



    Vavuniya,
    03 July 2015


    His Excellency Zeid Ra'ad Al Hussein
    UN High Commissioner for Human Rights
    Palais des Nations
    CH-1211 Geneva 10,
    Switzerland

    Your Excellency,

    Joint Letter from 15 Civil Society Organisations from
    the North - East of Sri Lanka

    Please see attached a joint letter from 15 civil society organisations from the North-
    East of Sri Lanka on matters relating to the OHCHR Inquiry on Sri Lanka (OISL).


    Thank you



    Kumaravadivel Guruparan



    Elil Rajendram
    Co-Spokesperson, TCSF




    Co-Spokesperson, TCSF


    Email: [email protected]











    * The Tamil Civil Society Forum is a network of more then 100 Tamil Civil Society Activists from the
    North-East of Sri Lanka convened by Bishop Dr Rayappu Joseph. For more info see:
    http://goo.gl/p1Spg5 and http://goo.gl/Gn1RL


    Vavuniya,
    02 July 2015

    His Excellency Zeid Ra'ad Al Hussein
    UN High Commissioner for Human Rights
    Palais des Nations
    CH-1211 Geneva 10,
    Switzerland

    Your Excellency,

    Sri Lanka: 1) Lack of consultation in the design of a domestic mechanism
    2) Regarding the UN office in Sri Lankas decision
    to support a domestic mechanism

    We recall the letter sent by the Tamil Civil Society Forum (TCSF) to you on the 12th
    of February 20151 prior to your decision to defer the release of the OISL report and
    the TCSFs statement dated 20 February 20152 on the decision to defer the report.
    We also refer to the TCSF memo to the UN Special Rapporteur on the Promotion of
    Truth, Justice, Reparation and Guarantees of Non-Recurrence handed over to him in
    Kilinochchi on the 1st of April 20153 wherein TCSF referred to reasons, which in
    their opinion augur against the possibility of establishing a credible domestic
    mechanism in Sri Lanka.

    Your Excellency, in your opening statement to the 28th session of the UN Human
    Rights Council in March 2015 you noted that one of the reasons for deferring the
    release of the OISL report was the broad signals of cooperation that you had
    received from the Government of Sri Lanka4. In your speech that day you noted that
    Sri Lankan authorities must consult with the victims to design mechanisms that will
    work and not repeat the failures of the past.

    Similarly in your opening speech to the 29th session of the UN Human Rights

    1 Available here: https://www.scribd.com/doc/255560059/TCSF-Letter-on-OISL-to-HC-Final


    2 Available here: https://www.scribd.com/doc/256360888/Statement-on-the-deferral-of-the-OISL-

    report-TCSF-English
    3 Available here: https://www.scribd.com/doc/260580929/Memo-to-UNSR-on-TJ
    4 UN Human Rights High Commissioner Zeid Raad Al Hussein, Opening Statement, 28th Session of the
    UN Human Rights Council, Available at:
    http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15642#sthash.XXYsHub
    z.dpuf

    Council on 15 June 2015 you reiterated the importance of conducting a transparent


    and inclusive consultative process in the design of a domestic mechanism for
    accountability5.

    We write to state with regret that we are unaware of any such process of
    consultation that the Government of Sri Lanka has initiated with the victims. A huge
    majority of these victims as you are aware are from the Tamil community and the
    government has not had any consultation at all with the Tamil community in the
    design of a mechanism.

    It is in this context that we take note with serious concern the recent announcement
    by the UN Resident Coordinator in Sri Lanka that the UN has already decided to fund
    a domestic mechanism6. The Resident Coordinator had said that the UN had decided
    to provide technical support to establish an inclusive and credible domestic
    mechanism to address human rights violations and accountability and provide
    redress to victims and conflict affected groups, including families of the missing, in
    line with international standards. This component, the announcement further
    added, will be led by your office (OHCHR).

    The following questions arise from this announcement:

    A) How could the UN system decide on supporting a domestic mechanism in
    abstraction when there has been no proposal or consultation about one?

    B) Does this announcement not pre-empt the recommendations of the OISL report
    and any possible follow up action by the UN Human Rights Council and other UN
    bodies?

    As you are well aware the credibility of the UN in the eyes of the Tamil people
    remains very low. The withdrawal of the UN during the height of the war in 2008,
    the lack of action on the part of the UN in drawing the attention of the international
    community for abuses being committed by all parties to the conflict, as they were
    being committed during the war and the deferral of the OISL report are some

    5 UN Human Rights High Commissioner Zeid Raad Al Hussein, Opening Statement, 29th Session of the

    UN Human Rights Council, Available at:


    http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16074&LangID=E
    6 Full text of speech made by Subinay Nandy, the Resident Coordinator of the United Nations, Sri
    Lanka at the Donor Conference on the Comprehensive Policy Framework and Formulation of the
    Resettlement Action Plan held in Colombo on June 4 2015, Available here:
    http://www.dailynews.lk/?q=features%2Fsl-government-committed-
    resettlement#sthash.whiEJoZR.dpuf

    reasons that have contributed to this lack of confidence. The announcement by the
    UN office in Sri Lanka that they have already decided that a domestic mechanism is
    the best way forward for accountability in Sri Lanka comes as a shock to those of us
    who have been advocating for genuine accountability.

    We urge you to take note of the contents of our letter and act swiftly to prevent any
    undermining of the OISL process.

    Signatories:

    Tamil Civil Society Forum (TCSF)
    Jaffna University Teachers Association
    Jaffna University Science Teachers Association
    Jaffna University Students Union
    Mannar Citizens Committee
    Vavuniya Citizens Committee
    Centre for the Promotion and Protection of Human Rights - Trincomalee
    Organisation for the Families of Forcibly Disappeared Persons - North and East
    Provinces
    Foundation of Changers - Batticaloa
    East Civil society Activist Alliance - Batticaloa
    Batticaloa Social Workers Network
    Paduvaankarai Peoples Alliance
    Commission for Justice and Peace of the Catholic Diocese of Jaffna
    Mannar Economic and Social Development Organization
    Hindu Development Society Karaithivu - Amparai

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