No UN strictures on Lanka, says Envoy

Sri Lanka faces no danger of strictures or sanctions by the United Nations Security Council and such measures might be imposed on the LTTE, UN Ambassador Prasad Kariyawasam said. In an exclusive interview with The Sunday Times, Mr. Kariyawasam denied wide spread speculation that the Security Council might impose sanctions on Sri Lanka over alleged human rights violations or recruitment of child soldiers. Excerpts:

By Thalif Deen

TST: There is a misconception that the UN Security Council, which is concerned with international peace and security, is taking up the issue of Sri Lanka and child soldiers thereby "internationalizing" our problem. How valid is this? And isn't the upcoming meeting only a meeting of the Working Group, not a meeting of the Security Council?

Prasad Kariyawasam

P.K: The upcoming meeting now scheduled for February, and not January 15, is NOT a meeting of the Security Council. It is a meeting of the Security Council Working Group on Children and Armed Conflict. The Working Group, chaired by France, is composed of all members of the Council, and was established pursuant to SC Resolution 1612 of 26 July 2005. The Working Group meets in closed session to: Review the reports of the monitoring and reporting mechanism (MRM) referred to in paragraph 3 of resolution 1612 (2005); review progress in the development and implementation of the action plans mentioned in paragraph 5 (a) of resolution 1539 (2004) and paragraph 7 of resolution 1612 (2005);consider other relevant information presented to it; make recommendations to the Council on possible measures to promote the protection of children affected by armed conflict, including recommendations on appropriate mandates for peacekeeping missions and recommendations with respect to parties to the conflict and address requests, as appropriate, to other bodies within the United Nations system for action to support implementation of Security Council resolution 1612 (2005) in accordance with their respective mandates.

The monitoring and reporting mechanism seeks to monitor six grave abuses, namely; killing or maiming of children; recruiting or using child soldiers; attacks against schools or hospitals; rape or other grave sexual violence against children; abduction of children; and denial of humanitarian access for children.

The situation of Children and Armed Conflict in Sri Lanka is being considered by the Working Group because the LTTE was one of the parties listed in the Secretary-General's Report on Children and Armed Conflict since 2005 as a party committing grave violations against children.

The UN deals with member States and not with non-state actors. Therefore, the Working Group cannot consider a report regarding violations committed by a non-state actor, in isolation of the member State in which the non-state actor operates. Thus the consideration of the situation of Children and Armed Conflict in Sri Lanka. However, this does not mean that Sri Lanka situation in general has come under Security Council agenda, and it has not.

TST: Having said that, do you think the Sri Lankan issue will come up before the entire Security Council at a later date? Will our problem be deemed a "threat to international security and peace"?

P.K: If the monitoring and reporting mechanism indicates that any party in Sri Lanka is guilty of repeated offences against children in situations of armed conflict, then the Working Group will consider recommendations made to it regarding the imposition of targeted measures against such violators.

The Government of Sri Lanka, on this particular issue of Children and Armed Conflict, has not been found responsible for grave violations against children and therefore, a situation would not arise where Sri Lanka as a State would be placed on the agenda of the Security Council.

It has never been the policy or the practice of the Government of Sri Lanka to recruit children to serve as fighting cadre of the security forces or the police. Even prior to the development of international norms and standards, the Government of Sri Lanka has at all times been vehemently opposed to children being used for combat purposes. As way back in 1996, when the Graça Machel Report on the Impact of Armed Conflict on Children laid the foundation for the children and armed conflict agenda at the UN General Assembly, Sri Lanka was in the forefront of the international campaign to enhance collective efforts to combat the phenomenon of child recruitment.

The Government of Sri Lanka strives to fully implement its obligations under the Convention on the Rights of the Child and UN Security Council Resolution 1612. The Government has at all times condemned child conscriptions, and endeavoured to prevent the LTTE or any other group from abducting children and conscripting them.

TST: Are there any strictures against the Government in the new UN report following Ambassador Allan Rock's visit to Sri Lanka?

P.K: There are no strictures against the Government in the Report that will be considered by the SC Working Group in February.

TST: The Report, I believe, calls for targeted sanctions against the LTTE leadership? What is the follow-up to this? And will this materialize?

P.K: The Report calls for targeted measures to be undertaken against the LTTE's political and military leadership in view of LTTE's refusal to cease recruitment and use of children, refusal to release children, and failure to engage in transparent procedures for release and verification. The Working Group can recommend to the Security Council to consider the imposition of targeted measures against the LTTE.

TS.T: If there is an eventual Security Council (SC) resolution calling for targeted sanctions, do you think it will be adopted by the Council?

P.K: It is for the Working Group to decide the scope and form of its recommendation on possible SC action on the LTTE on the basis of consultations with all members of the Security Council. A Resolution of the SC on Sri Lanka is not envisaged in this process, at this juncture.