UNHRC adopts resolution against Sri Lanka's rights record; India abstains from vote

India on Thursday abstained from voting at the United Nations Human Rights Council (UNHRC) on a resolution against Sri Lanka's human rights records, although it took note of “inadequate” progress made by the government of the neighbouring island nation in implementing the 13th amendment of its Constitution.

Sri Lanka, however, secured support from China and Pakistan, which voted against the resolution that was moved by several nations, including Canada, Germany, the United Kingdom and the United States. The resolution was finally adopted by the council with 20 nations voting in its favour, seven against it and 20 others abstaining.

“While we have taken note of the commitments by the Sri Lankan government on issues of implementation of the commitments in the spirit of the 13th constitutional amendment, meaningful devolution and the early conduct of provincial elections, we believe that the progress towards the same remains inadequate,” Indra Mani Pandey, India's envoy to the UNHRC, said at the 51st regular session of the council in Geneva.

India has long been nudging the successive governments in Sri Lanka for full implementation of the 13th amendment to ensure devolution of power to the local governments in its Tamil-majority Northern and Eastern Provinces. It has also been stressing on holding the provincial council elections at the earliest.

The 13th amendment was an outcome of the July 29, 1987 accord between India and Sri Lanka. It was passed by Sri Lankan parliament in November 1987 resulting in creation of the provincial councils. The process of devolution of power to the local governments as envisaged by it remained incomplete though.

The elections to the provincial councils are also long overdue. The terms of the elected provincial councils ended in 2018 and 2019.

India had earlier in March 2021 also abstained from voting at the UNHRC on a resolution, which mandated the Office of the High Commissioner of Human Rights (OHCHR) to collect and preserve information and evidence of war crimes committed during the long conflict between the Sri Lanka’s armed forces and the Liberation Tigers of Tamil Eelam (LTTE).

The resolution adopted by the UNHRC on Thursday sought to “extend and reinforce the capacity of the Office of the High Commissioner of Human Rights (OHCHR) to collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction”.

“In finding a lasting and effective solution for peace and reconciliation in Sri Lanka, India has always been guided by the two fundamental principles of support to the aspirations of the Tamils for equality, justice, dignity and peace and unity, territorial integrity and sovereignty of Sri Lanka,” Pandey told the UNHRC on Thursday, presenting the India’s ‘Explanation of Vote’ on the resolution.

He said that India had substantially contributed to the relief, rehabilitation, re-settlement and reconstruction process in Sri Lanka after 2009. India had also stepped up and provided unprecedented assistance to the people of Sri Lanka since early this year to help them deal with the challenges of the recent economic crisis.

“Achieving prosperity for all Sri Lankans and realizing the legitimate aspirations of Tamils of Sri Lanka for prosperity, dignity and peace are two sides of the same coin,” Pandey told the UNHRC.