Handling UN issue:

Advisory panel report will be lopsided - Dr. Palitha Kohona

By Shanika SRIYANANDA

Sri Lanka’s Permanent Representative to the UN Dr. Palitha Kohona said the United Nations Secretary General (UNSG) Ban Ki-moon’s advisory panel is superfluous and an unwarranted intrusion into the internal affairs of a sovereign country.

He cautioned that the same arbitrary precedent used against Sri Lanka would issue against the small, the poor and the weak nations.

Dr. Kohona on a short visit to Colombo told the Sunday Observer that the appointment of such a panel is totally unacceptable when the Commission of Inquiry mandated to investigate several issues, including accountability, is progressing. The advisory panel report produced from outside Sri Lanka was going to be lopsided. “It would seem bemusing for a panel of this nature to produce a report from being outside the country concerned”, he said.

Following are excerpts of the interview:

Q: Ignoring Sri Lankan Government’s strong objection, the UNSG has appointed an advisory panel to look into accountability issues. What do you think of UNSG’s move to appoint this panel?

A: The Sri Lankan Government has expressed its view that such an expert panel is unnecessary, superfluous and an unwarranted intrusion into the internal affairs of the country.

Sri Lanka pointed out that the Government has already appointed a Commission of Inquiry under the Commission of Inquiry Act creating a body that has quasi-judicial powers. This Commission of inquiry consists of a number of eminent persons, some of whom have achieved international recognition. It also has an extensive mandate including the power to investigate accountability issues.

In the circumstance, Sri Lanka is of the view that an expert body to advise the Secretary General on accountability issues is unnecessary. It is also to be noted that no decision-making authority of the United Nations had authorized the creation of this panel of experts by the Secretary General.

Furthermore an effort to investigate Sri Lanka through the Human Rights Council was resoundingly beaten by a vote of 29 to 12 in May 2009. We have also heard the views of the Non Aligned Movement (NAM). The NAM had clearly expressed its objections to such a panel. A number of members of the Security Council has also expressed their opposition. In these circumstances, to go ahead with the appointment of the panel appears to be arbitrary and totally unwarranted.

It is also a principle that issues of accountability are required to be investigated by the country itself in the first instance. Sri Lanka’s Commission of Inquiry will in fact do that.

It would have been proper for the UNSG to await the outcome of the investigation of the Commission of Inquiry before even considering the appointment of such a panel.

As you are aware the President and the Foreign Minister have opposed the panel, clearly indicating that it will not be endorsed. The majority of Sri Lankans also oppose it.

The country is looking towards an era of peace, economic advancement and prosperity. To intrude into the domestic affairs of a sovereign state is totally unacceptable.

Q: According to the Head of the UNSG’s advisory panel, they can carry out their investigations while being outside Sri Lanka. Can they do so and how reliable will their inquiry be?

A: Sri Lanka has clearly said that the panel will not be welcome in Sri Lanka. In the circumstance, their inquiry will be restricted to whatever material that they can gather from outside the country.

It would seem bemusing for a panel of this nature to produce a report from being outside the country concerned and it is going to be totally lopsided and not based on all available evidence.

And what purpose it would serve is open to speculations.

Q: Can this panel go ahead with its probe without the consent of the Sri Lankan Government?

A: As I said before, the panel can conduct its inquiries from being outside but the results would be totally unbalanced. Therefore its usefulness will be highly questionable.

Q: What is the procedure of appointing such a panel?

A: In the past, panels have been appointed with the authorization of the decision-making bodies of the UN, the General Assembly and the Security Council. The investigative bodies have been created by the Human Rights Councils. In the case of Sri Lanka, none of these bodies had provided the necessary authorization.

In the case of some other countries like Pakistan and Lebanon, the investigative entities had been established by the UN at the request of the country concerned. Clearly Sri Lanka made no such request. In this background, one could very well argue that this panel has no legitimate right to exist.

Q: Do you think that UNSG’s ad-hoc decision is a threat to other nations like Sri Lanka?

A: Observers have commented that the arbitrary appointment of a panel of this nature will set a precedent that would be difficult to manage in the future. The concern is that Sri Lanka’s precedent will be against the small, the poor and the weak nations. It is highly unlikely that the big and the powerful nations will be subjected to this type of treatment.

Q: Since the Sri Lankan Government has decided to go ahead with the visa embargo to prevent panel members from entering Sri Lanka, can the UN impose sanctions to counter the Lankan action?

A: No, I don’t think so.

Q: Two major UN Security Council members - Russia and China - out of five permanent members have already opposed this move. Can their objections make an impact on the issue?

A: I think they should listen to the voice of country concerned and other bodies within the UN in addition to the members of the Security Council to appoint this panel. The other bodies such as NAM have also voiced its concerns.

In an organization such as the UN, a body consisting of sovereign states, it is important to be conscious of the views of the vast majority of the members. The organization depends on the goodwill of the members and therefore, listening to the Council of the members is an absolutely important factor for the success of the organization.