HUMAN RIGHTS MINISTER URGES INTERNATIONAL SUPPORT

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 001793

SIPDIS

SIPDIS

DEPARTMENT FOR SCA/INS

E.O. 12958: DECL: 10/30/2016
TAGS: PREL PTER PHUM PREF MOPS CE
SUBJECT: HUMAN RIGHTS MINISTER URGES INTERNATIONAL SUPPORT
DESPITE "BOUNDARIES" OF TERMS OF REFERENCE

REF: REF A) COLOMBO 1780 B) COLOMBO 1648 C) COLOMBO
1651 D) COLOMBO 1676

Classified By: Ambassador Robert O. Blake for reasons 1.4(b,d).


1. (C) Summary: Disaster and Human Rights Minister Mahinda
Samarasinghe hosted a meeting October 30 for Ambassadors and
Heads of Mission from contributing countries to the
International Independent Group of Eminent Persons (IIGEP)
that will monitor the work of the Presidential Commission of
Inquiry (CoI) on human rights. The Minister, along with the
Deputy Solicitor General, addressed procedural issues and
areas of dispute within the Terms of Reference (ToR) in
consultation with the UN Office of the High Commissioner for
Human Rights (OHCHR). We, along with Heads of Mission from
Germany, Australia, Japan, the Netherlands, Canada, India and
the EU reached consensus on procedural issues, including
funding of international experts and their assistants by the
nominating country. Some participants questioned a clause
which would give the Attorney General a veto over public
statements by the international team of advisors. The
consensus between the Government of Sri Lanka (GSL) and OHCHR
represents a significant step forward in the GSL's efforts to
become more accountable on human rights. End Summary.

Procedural Issues
--------------


2. (C) Disaster and Human Rights Minister Mahinda
Samarasinghe moderated a meeting October 30 attended by the
Deputy Solicitor General Yasantha Kodagoda, who was charged
with drafting the mandate for the Commission of Inquiry (CoI)
and the terms of reference for the International Independent
Group of Eminent Persons (IIGEP),the German Ambassador,
Australian DCM, Japanese DCM, Netherlands Ambassador,
Canadian High Commissioner, EU Ambassador, Indian DCM, DCM
Moore, United Nations Office of the High Commissioner for
Human Rights (OHCHR) representative Rory Mongoven, and
Ministry of Foreign Affairs (MFA) representatives.


3. (C) The group addressed procedural issues, on which most
agreed.

-- Minister Samarasinghe conceded to the Heads of Missions'
request to fund the experts and assistants each respective
country had nominated in order to insure the group's
independence.

-- The parties also agreed that participating countries will
decide the frequency and duration of visits by nominated
experts, although experts' assistants will remain in country
throughout the Commission of Inquiry period (at least one
year).


4. (C) Minister Samarasinghe announced that in an effort to
represent all communities, the Government of Sri Lanka (GSL)
will appoint two Tamils, two Muslims, and four Sinhalese,
including two women, to comprise the Commission of Inquiry.
President Rajapaksa will sign the Presidential Warrant, or
mandate, constituting the Commission of Inquiry on November

1. At least nine countries and international entities will
be invited to contribute experts, including those present,
the UK, the Inter-parliamentary Union (IPU),and possibly
Amnesty International. In addition, one or more participants
recommended by OHCHR will be selected. The GSL would like to
nominate former Indian Justice Bhagwati to serve as chairman
of the IIGEP (ref A).

Areas of Dispute
--------------


5. (C) A clause in the draft ToR regarding making the IIGEP's
findings public caused the most concern among the
international representatives present. The Dutch Ambassador

COLOMBO 00001793 002 OF 002


noted that Article 11 of the ToR effectively gives the
Attorney General a veto over public statements by members of
the IIGEP should the material jeopardize "national security,
public safety or well-being." The EU Ambassador contended
that such an obvious "block" to the independent functioning
of the Commission and advisors would raise flags with
contributing countries.


6. (C) The German Ambassador questioned the GSL's prerogative
to appoint of the chairman of the IIGEP (Justice Bhagwati).
Samarasinghe answered that the clause was "not meant to
manipulate the situation," adding: "What we are doing is
groundbreaking in itself. We can always sort out the
logistics later." The Dutch Ambassador suggested that the
experts themselves nominate a chairperson while conceding to
"realities that make it important to have a chairman from a
neighboring country (India)."


7. (C) The Australian DCM, in turn, questioned the security
of the IIGEP, arguing that his government would "not feel
confident" with the Sri Lanka police providing protection and
suggesting external security. Minister Samarasinghe
responded that "we do have confidence in our police. I will
personally guarantee their security."

We've Traveled This Far
--------------


8. (C) Comment: Having heard the Ambassadors' arguments on
the public statement clause, Minister Samarasinghe cautioned
the group: "You know the difficulties we've had in traveling
this far. Don't push too much, or we'll lose the whole
thing. We have compromised on some language. We've
encountered some boundaries. But over all, this is a good
document." Despite its imperfections, the fact that the GSL
has drafted Terms of Reference on a CoI on human rights that
meets UN OHCHR approval represents a vast improvement in Sri
Lanka's indigenous capacity to address human rights issues.
End Comment.


9. (C) Action Request: We would appreciate the Department's
comments on the ToR (emailed today to SCA/INS) by COB
November 1 as participating countries will meet again with
Samarasinghe November 2 to provide capitals' reactions to
them. In addition, we appreciate the Department's continued
efforts to identify a suitable U.S. expert. End Action
Request.

BLAKE