Ban Ki Moon the Secretary General of the United Nations Organization had appointed an advisory panel to investigate and advise him if there had been violation of human rights by the Armed Forces of the Sri Lanka Government in the “elimination” of terrorists, paying from his special Fund.
After the advisory panel made its investigations and handed over its report, the Secretary General published the report without the consent of the “party” concerned- in this case the member State of Sri Lanka.
The question is not whether the appointment of the advisory panel by the Secretary General Ban Ki Moon to advice him on the particular issue or the publication of its report, is right or wrong.
But the question is , why the Secretary General Ban Ki Moon singled out the member State of Sri Lanka for the investigation, leaving out the other member States who are also engaged in similar “military operations” for the elimination of terrorist in Iraq, Afghanistan and Libya ?
It is inconceivable that one member State is singled out by the SGUN to be investigated by an advisory panel to ascertain whether it had violated human rights in the cause of the elimination of terrorists, while other member States go scot free without any probe into their violation of human rights in their military operations against terrorism.
Is it because the Armed Forces of Sri Lanka eliminated terrorism in a military operation while the others have still failed to do so ? It is for Ban Ki Moon to explain.
In order to justify the appointment of the advisory panel of investigation for the member State of Sri Lanka, and the publication of its report causing lot of internal problems to the member State which is in the course of reconciling the communities after elimination of terrorism, Ban Ki Moon should also appoint an advisory panel to investigate whether the on going Military Operations by America, France and other European Nations are violating the human rights of the people of Iraq, Afghanistan and Libya.
If not the Member State of the United Nations should demand that the Secretary General of the United Nations Ban Ki Moon is brought before the UN Security Council, if not before a Special General Assembly of Member States, to show cause why he should not be impeached for acting beyond powers vested in him as the Secretary General of the United Nations to treat one member State differently from others causing that particular member State internal difficulties of reconciliation of its people after delivering them from a 30 years of suffering under terrorism ?
This is a sine qua non as the Member States of the United Nations are equal before its Charter. There are no powerful Member States of the UNO who have special rights, and poorer Member States of the UNO from the “third world” who have lesser rights.
The Government of Sri Lanka through its Embassies should get in contact with the Member States of the “third world countries “, to make them aware of the situation as the Secretary General may make this a precedence to continue treating other Member States differently for “personal reasons” against some, in favour of a few.
This should be made an eye opener for all member States to become aware of their equality of status before the Charter of the UNO, to begin a reform of the United Nations to allow it to become a true Forum of Member States to settle their problems in peaceful dialogue without allowing any member State to over-step the UNO to intervene in the internal affairs of any Member Sovereign State.
“… the capacity of the Security Council to perform its political functions effectively has narrowed the former role of the Secretary-General as an honest broker between forces locked into intractable enmity. The Council, now more readily able to take decisions, tends to ask the Secretary-General to go to Tripoli and to Baghdad not to exercise an independent political role but more to help execute its own plan of action”230.
The above extract from a study on The UN Secretary General between Law and Politics shows, the Secretary General of UNO is not empowere to exercise an independent political role.