Tag: war crimes

Vice President meets Sri Lankan President Rajapaksa during UN General Assembly

Vice President Dr Mohammed Waheed Hassan has paid a courtesy call on Sri Lankan President Mahinda Rajapaksa at the 66th session of the UN General Assembly in New York.

The Vice President’s Office later refuted reports that Dr Waheed discussed the Sri Lankan human rights situation with Rajapaksa during the meeting, following media reports quoting Sri Lankan officials to the contrary.

Haveeru on Tuesday quoted a senior Sri Lankan official as saying that during a meeting between Rajapaksa and the Vice President, Dr Waheed “assured that he will be supporting Sri Lanka’s stance on the human rights issue.”

The Vice President’s office later claimed the meeting was a courtesy call during which Dr Waheed said it was refreshing to  hear the Sri Lankan President talk about trade unions and north-south cooperation in his speech [to the UN], and that there was “no mention of the human rights situation in Sri Lanka.”

Sri Lanka is currently conducting an internal investigation of these allegations, which refer to acts of violence committed by both government and rebel forces in the final phases of Sri Lanka’s civil war.

Numerous human rights groups, including Amnesty International (AI) and Human Rights Watch (HRW), have rejected Sri Lanka’s investigation on the grounds that its Lessons Learnt and Reconciliation Commission (LLRC) does not meet international standards.

The British Broadcasting Corporation (BBC) has reported that human rights groups found the commission flawed because “its members were appointed by the government, it has no real mandate to investigate war crimes in the last stages of the conflict, lacks any mechanism to protect witnesses and falls short of minimum international standards of a commission of inquiry.”

The Sri Lankan government has denied committing any offenses. The Maldivian government said it supports Sri Lanka’s wish to solve internal issues without external involvement.

Today, the Maldives President’s Press Secretary Mohamed Zuhair issued a statement expressing support for the Tamil people.

“The President of the Maldives would like to express his good wishes to all Tamil people. The Tamil people have always been like brothers to Maldivians. The President would like to see peace and harmony in our region and has expressed his desire for all people to live peacefully together.”

Human Rights Watch recently applauded the Maldives as one of the seven most important countries on the UN Human Rights Council. It expressed puzzled concern, however, over the Maldives’ “regrettable” support of Sri Lanka at this time.

“The Maldives should revisit its approach on Sri Lanka in order to bring it in line with its otherwise principled approach to human rights at the Council,” said the report.

Minister of Foreign Affairs Ahmed Naseem said he did not wish to comment on the issue.

Meanwhile, UN secretary general Ban Ki-Moon has appointed a panel to advise him on accountability issues in Sri Lanka, reports the BBC. The Sri Lankan government rejected the panel, however, and said it would not issue visas to UN panel members visiting Sri Lanka.

The UN Office for the High Commissioner of Human Rights (OHCHR) today said they are urging Sri Lanka “to ensure there is a genuine accountability process to address the serious violations believed to have been committed during the last months of the  war in Sri Lanka.”  The OHCHR is waiting to see how member states take action on the issue, “but, of course, the United Nations hopes Maldives – like other UN members – will encourage Sri Lanka to address this important issue.”

Late last week, President Mohamed Nasheed met with Sri Lankan Prime Minister Disanayaka Mudiyanselage Jayaratne regarding the upcoming South Asian Association for Regional Cooperation (SAARC) summit, due to be held in Addu City in November. The heads of state also discussed ways to strengthen ties between the two countries.

The SAARC summit could afford the Maldives an opportunity to promote human rights in south asia, a region that is reportedly slower than others to adopt international human rights standards.

The Maldives recently became the 118th member of the International Criminal Court (ICC), a close partner of the UN.

“As a chair of the SAARC summit, Maldives will have quite an influence on South Asian countries attending this year’s event,” she said previously. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC), called the Maldives’ accession to the Rome Statute a significant step for human rights in south asia.

She noted that Sri Lanka is “a long way” from membership at the ICC.

ICC membership requires the Maldives to uphold ICC standards and rulings. “The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate with the Court by arresting  the criminals.”

Sri Lanka’s findings are due for release on November 15.

Clarification: This story has been updated to reflect a clarification from the Vice President’s Office that human rights were not discussed at the meeting with Sri Lankan President Mahinda Rajapaksa.

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ICC membership expected to reform Maldivian judicial system

The Maldives has become the 118th country to adopt the Rome Statute of the International Criminal Court (ICC), the world’s first and only permanent international court with jurisdiction over crimes against humanity, crimes of aggression, genocide and war crimes.

The Maldives is the third state in South Asia to become an ICC member, following Bangladesh and Afghanistan. It is the ninth in the south asian region alongside Cambodia, Japan, Republic of Korea, Mongolia, the Philippines and Timor-Leste; plans to ratify the statute are advancing in Malaysia and Nepal.

Asia has been slower than other regions in adopting the ICC regulations, allegedly because they maintain the death penalty which is prohibited by the ICC. William R. Pace, Convenor of the Coalition for the International Criminal Court, said the Maldives’ decision to accede to the Rome Statue was a significant step for the region.

“It is vital that the momentum towards increasing respect for the rule of law and accountability for those responsible for the most serious crimes is seized by other states in the Asia-Pacific region, many of whom are close to joining the ICC,” Pace said in a press release. “Joining the Court represents a strong deterrent effect that will contribute toward the prevention of gross human rights violations in the Asia-Pacific region and to the global fight against impunity.”

Acceding to ICC regulations as defined by the Rome Statute has been a long process for the Maldivian government. In 2003, the Maldives took steps to reject its judicial authority.

Wikileaks cables published on 1 September 2011 cite the Maldivian government’s intent to “never turn over a US national to the International Criminal Court (ICC). The Maldivian government would not sign the ICC treaty and would not respect its claim to universal jurisdiction.” Other cables indicate that then president Maumoon Abdul Gayoom was seeking approval for a visit with then US President George W. Bush, allegedly to improve his chances of re-election.

Speaking to Minivan News today, the President’s Press Secretary Mohamed Zuhair said ratification of the ICC statute highlighted the different values of the current administration.

“For us, it’s transparency that is at the top of our priorities. So right now, our highest priority is to improve the judicial system of this country.”

The ICC covers major crimes which are widespread, systemic and of concern to the international community. The ICC does not deal with small cases, even if the victims may be in the hundreds.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Zuhair said it was important for Maldivians to have access to an international judicial system. “Individuals who feel they have a complaint, even against a leader, could refer the complaint to the Maldivian judicial system or to the ICC. This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said.

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC) told Minivan News that ratification would support domestic legal reform, and that heads of state would face new levels of accountability.

“The ICC only deals with the big fish. In the past only the small fish may have been sacrificed to show a semblance of justice – but the ICC targets the highest level of responsibility: the head of state, generals, kings,” she said previously.

The Debate

In October 2010, the debate to join the ICC created sparks in Parliament.

MDP MPs condemned the “unlawful and authoritarian” practices of the previous government. Group Leader “Reeko” Moosa Manik referred to 2009 legislation protecting former presidents who he considered “the worst torturers in the country’s history,” and said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

MPs from opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) said MDP MPs were overlooking the fact that Gayoom had never been reprimanded in a court of law, and accused the current administration of disregarding rules of law. MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

The question of religion was also inflammatory. DRP MP Dr Afrashim Ali said convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.” Other MPs pointed out that several Muslim countries had not joined the ICC, and the MPs were concerned that ratification would “shatter Islamic principles” and encourage gay rights.

Shari’a experts in ICC signatories and Muslim countries Afghanistan, Jordan and Malaysia have not found conflict between the Rome Statute and Sharia.

On 14 June this year, Parliament voted almost unanimously to sign the Rome Statute of the ICC.

The Effects

Speaking to Minivan News today, Balais-Serrano pointed out that ratification of the Rome Statute was well-timed.

“As a chair of the SAARC summit, Maldives will have quite an influence on south asian countries attending this year’s event,” she said. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

The South Asian Association for Regional Cooperation (SAARC) summit is scheduled for Addu City in mid-November this year.

Balais-Serrano also pointed out that by ratifying the Rome Statute, governments are committing to adapt current domestic legislation to meet international standards. She said ICC members could receive “training of local judges and prosecutors and other officials responsible for lawmaking and implementation”, and hoped the Maldives would forward with judicial reform.

“The judicial system in Maldives can benefit from the rules and procedures by which the ICC operates, for example, in the nomination and election of judges, in the protection of witnesses and victims and in ensuring due process,” said Balais-Serrano.

She said that ICC membership would expand Maldivian court procedures. “One of the motivations of joining the ICC is to let go of a commitment to include the domestic judicial system alone. Now, Maldivians can also refer to the ICC provisions and regulations. This is a timely event for the Maldives to review domestic law while making the ICC a reference point.”

As an ICC member, the Maldives will be able to send judges and lawyers abroad for internships and exchange programs in member countries. Balais-Serrano said that all member countries are obliged to send employees to the ICC to learn and assist with proceedings.

International liability

ICC membership could affect international relations. The Maldives recently made news headlines by supporting the Sri Lankan government, which is facing war crimes allegations by international human rights groups. A report from UN Secretary General Ban Ki-Moon has raised the likelihood of an investigation by the Human Rights Commission.

A Relationship Agreement between the ICC and the United Nations calls the UN “potentially the most important partner of the ICC on various levels,” and suggests that investigations by the UN are based on the same human rights standards put forth by the ICC.

“The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate to the Court by arresting  the criminals.”

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Maldives endorses war crime investigation in Libya

The Maldives, together with the UK, Qatar and Jordan have passed a resolution in the UN’s Human Rights Council to extend the mandate of the international Commission of Inquiry into human rights violations in Libya.

Foreign Minister Ahmed Naseem said he welcomed the “strong message” the resolution would send to Libyan President Muammar Gadaffi.

“Civilised nations around the world will not stand by as he kills and violates the fundamental rights of thousands of our Muslim brothers and sisters. He will, in the end, be held accountable,” said Naseem.

The resolution came in response to the inquiry’s preliminary report into the Libyan situation, which found evidence of arbitrary killings, enforced disappearances, arbitrary detention, torture and sexual violence against women and children – violations it found represented war crimes and crimes against humanity.

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UN’s Sri Lankan war crimes report “singularly counterproductive”: Foreign Minister

Maldives Foreign Minister Ahmed Naseem has told journalists in Colombo that the UN report into human rights abuses in the closing days of the country’s civil war is “singularly counterproductive.”

The report was leaked to the Sri Lankan media several weeks ago and contains allegations that the army shelled hospitals, UN facilities and aid workers with the International Committee of the Red Cross (ICRC) in the final days of the civil war between the army and the Liberation Tigers of Tamil Eelam (LTTE).

The report also accuses the Sri Lankan government of intimidating and in some cases abducting journalists “in white vans”. The LTTE was criticised for allegedly using civilians as human shields.

A former UN spokesperson based in Sri Lanka told media after the report was leaked that it “damns the government of Sri Lanka’s so-called war on terror, which incidentally killed many thousands of civilians. The Tamil Tigers were equally rotten in their disdain for life.”

“The focus should now be on how the country can move forward,” Naseem said, during a press conference at the Galle Face Hotel.

“As a responsible member of the Human Rights Council, the Maldives believes it is imperative that the international community closely examine all aspects of the report before taking any further action.”

The UK’s television network Channel 4 has meanwhile said it will air what it claims is “probably the most horrific” footage the station has ever shown, after obtaining “trophy” videos of what it claims are Sri Lankan war crimes.

According to the network, footage obtained by the station includes “extrajudicial executions filmed by Sri Lankan soldiers as war trophies on their phones; the aftermath of shelling in civilian camps and hospitals alleged to have been deliberately targeted by Sri Lankan government forces; dead female Tamil fighters who appear to have been systematically raped; and pictures which document Tamil fighters alive in the custody of Sri Lankan government forces and then later dead, apparently having been executed.”

The Sri Lankan media has overwhelming supported the government against the UN report, contrasting war crime accusations from the West with the triumphalism displayed following the death of Osama Bin Laden.

“We suffered 30 years of ruthless terror, our innocent villagers were massacred, our security officers, innocent men, women and children were killed by suicide bomb blasts and snipers, our ministers, parliamentarians and presidents were killed or disabled for life, our children were massacred in trains, innocent travelers in buses were bombed, a bus load of our Buddhist priests were butchered,, our airports were bombed and terrorism restricted our daily existence,” wrote one commentator on the Lankaweb social media website.

Under the UN’s own regulations a formal war crimes investigation can only be launched on the invitation of the host country, or through a mandate voted by a body such as the UN Human Rights Council.

The Maldives has been a vocal member of the latter, and was quick to sever diplomatic ties with the Libyan government following “clear evidence that the Gaddafi regime is guilty of crimes against humanity and war crimes.”

“I’m concerned the UN report is a bit belated. Why say it now? Why not when the war was going on?” asked President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair, speaking to Minivan News recently.

“My point is that this report only appeared after the war was over. We support the Sri Lankan government’s desire for peace and harmony, and any government that brought about that peace should be held in high honour,” Zuhair said.

If an investigation was to take place, Zuhair suggested, “it should happen in an independent manner, with reconciliation on both sides.”

Read the full UN report (English)

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