Last Thursday, the UN Human Rights Council took up the issue of the savage ending to Sri Lanka’s civil war in 2009. By a vote of 23 for and 12 against, with 12 abstentions, it endorsed a motion calling on the Office of the High Commissioner for Human Rights to conduct a comprehensive investigation into alleged serious human rights violations committed by the Sri Lankan government and Tamil Tiger rebels. Two permanent members of the Security Council, China and Russia, voted against.
In actual fact, it is highly unlikely that a full probe will ever be conducted. The Sri Lankan government has resisted such action in the past, and has already signaled an unwillingness to cooperate with the UN now. Its ambassador to the Rights Council argued that “The draft resolution, if adopted, would not only constitute a serious breach of international law, but would create a dangerous precedent in the conduct of international relations and could pose a threat to the sovereignty and independence of Member States”. Nevertheless, this remains an important vote both in itself and for Myanmar.
It is significant in itself because it marks another step in global policing of atrocity crimes. Faced with plausible evidence of 40,000 civilian deaths during a desperate denouement in Sri Lanka, the Rights Council motion requires that a plausible account be drawn up of events and responsibilities. In addition, it calls for ongoing monitoring of a state characterized by growing militarization, illegal land grabs, tightening curbs on civil society, and rising religious intolerance.
The vote also resonates in Myanmar. Senior General Than Shwe’s four-day state visit to Sri Lanka in November 2009 was widely seen as affirming close tatmadaw interest in the Sri Lankan model for resolving ethnic conflict. Fortunately, circumstances have thus far taken a different path, and Myanmar today stands in sight of a nationwide peace accord. Whatever transpires, though, the shadow of war crime allegations will hang over the country, and one day will need to be addressed. More immediately, credible reports that such crimes are still being witnessed particularly in sectarian clashes in Rakhine State need to be properly examined.
UN demands for accountability issued from Geneva do not constitute a comprehensive humanitarian response to alleged atrocity crimes. Often they fall far short of the objectives mapped by their sponsors. Equally, though, they do register, do matter, and do form a necessary part of international engagement with egregious forms of human rights abuse.