ColomboPage News Desk, Sri Lanka.
Mar 25, Geneva: The final draft of the resolution on Sri Lanka
sponsored by the United States, the United Kingdom and three other
countries was submitted to the 25th session of the United Nations Human
Rights Council (UNHRC) in Geneva this morning .
The sponsors submitted the revisions and amendments to the resolution
HRC25 “Promoting reconciliation, accountability and human rights in Sri
Lanka” before today’s deadline. The Council will vote on the resolution
Wednesday, March 26.
The draft of the revised resolution, which specified a time period to
investigate the alleged human rights violations, was circulated among
the member states of the UNHRC Monday.
The revised version requests the Office of the High Commissioner for
Human Rights (OHCHR) to undertake a comprehensive independent
investigation into alleged serious violations and abuses of human rights
and related crimes by both parties in Sri Lanka, during the period
covered by the Lessons Learnt and Reconciliation Commission (LLRC), and
establish the facts and circumstances of such alleged violations and of
the crimes perpetrated with a view to avoiding impunity and ensuring
accountability, with assistance from relevant experts and special
procedures.
The revised draft limits the time period for the OHCHR to conduct the
investigations to the period covered by the LLRC which investigated the
incidents from February, 2002 to May, 2009.
The more recent time period specified by the resolution means the
numerous suicide bombings, massacres and other atrocities committed by
the Tamil Tiger terrorist organization Liberation Tigers of Tamil Eelam
(LTTE) before 2002 during the three-decade long war, as well as the
violations by the Indian Peace keeping Force (IPKF) in the late 80s will
not be investigated.
The Sri Lankan government has stressed that it is grossly unfair to
investigate only the last phase of the war and constantly called for a
comprehensive investigation during the whole three decades of war if an
international inquiry were to be conducted.
However, the text of the final version of the resolution formulated
with the help of India effectively eliminates any probe on India’s
complicity in Sri Lanka’s terrorist war.
Following is the text of the revised draft resolution HRC#25.
Draft resolution HRC 25 24 March 2014 25/1. Promoting reconciliation, accountability, and human rights in Sri Lanka
The Human Rights Council,
1. Reaffirming the purposes and principles of the Charter of the United Nations,
2. Guided by the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other relevant instruments,
3. Bearing in mind General Assembly resolution 60/251 of 15 March 2006,
4. Recalling Human Rights Council resolutions 5/1, on
institution-building of the Council, and 5/2, on the code of conduct for
special procedures mandate holders, of 18 June 2007,
5. Recalling also Human Rights Council resolutions 19/2 of 22 March
2012 and 22/1 of 21 March 2013 on promoting reconciliation and
accountability in Sri Lanka,
5 bis. Reaffirming its commitment to the sovereignty, independence, unity and territorial integrity of Sri Lanka,
6. Reaffirming that it is the responsibility of each State to ensure
the full enjoyment of all human rights and fundamental freedoms of its
entire population,
7. Reaffirming also that States must ensure that any measure taken to
combat terrorism complies with their obligations under international
law, in particular international human rights law, international refugee
law and international humanitarian law, as applicable,
8. Recognizing the Human Rights Council’s support of Reaffirming that
all Sri Lankans to are entitled to the full enjoyment of their human
rights regardless of creed, faith religion, belief, or ethnicity, in a
peaceful and unified land,
9. Welcoming and acknowledging the progress made by the Government of
Sri Lanka in rebuilding infrastructure, demining, and resettling the
majority of internally displaced persons, but noting nonetheless that
considerable work lies ahead in the areas of justice, reconciliation,
land use and ownership demilitarization, the resumption of livelihoods
and the restoration of normality in civilian life, and stressing the
importance of the full participation of local populations, including
representatives of civil society and minorities, in these efforts,
Welcoming the announcement made by the Government of Sri Lanka that
elections to the Provincial Council in the Northern Province will be
held in September 2013,
10. Welcoming the successful holding of Provincial Council elections
held on September 21, 2013 and in particular the high turn-out and
participation in all three provinces, but noting with concern reports of
election-related violence, as well as voter and candidate intimidation,
11. Expressing appreciation for the efforts and cooperation of the
Government of Sri Lanka in facilitating the visit of a technical mission
from the Office of the United Nations High Commissioner for Human
Rights and providing her with open access, and encouraging the
Government to increase its dialogue and cooperation with the Office of
the High Commissioner, and welcoming the visit of the High Commissioner
to Sri Lanka in August 2013,
12. Expressing deep concern over reported intimidation and
retaliation against civil society members who engage with UN human
rights mechanisms including those who met with the High Commissioner
during her visit,
13. Expressing serious concern at the continuing reports of
violations of human rights in Sri Lanka, including sexual and
gender-based violence, enforced disappearances, extrajudicial killings,
torture and violations of the rights to freedom of expression,
association and peaceful assembly, threats to judicial independence and
the rule of law, as well as intimidation of and reprisals against human
rights defenders, members of civil society, lawyers and journalists,
14. Alarmed at the significant surge in attacks rapid rise in
violence and discrimination on the basis of religion or belief,
particularly against members of religious minority groups in Sri Lanka,
including Hindus, Muslims and Christians,
15. Calling upon the Government of Sri Lanka to fulfil its public
commitments, including on the devolution of political authority which is
integral to reconciliation and the full enjoyment of human rights by
all members of its population,
16. Taking note of the report of the Lessons Learnt and
Reconciliation Commission of Sri Lanka, its findings and
recommendations, and acknowledging its possible contribution to the
process of meaningful national reconciliation in Sri Lanka,
17. Recalling the constructive recommendations contained in the
Commission’s report, including the need to credibly investigate
widespread allegations of extrajudicial killings and enforced
disappearances, demilitarize the north of Sri Lanka, implement impartial
land dispute resolution mechanisms, re-evaluate detention policies,
strengthen formerly independent civil institutions, reach a political
settlement on the devolution of power to the provinces, promote and
protect the right of freedom of expression for all persons and enact
rule of law reforms,
18. Taking note also of the national plan of action to implement the
recommendations of the Lessons Learnt and Reconciliation Commission of
the Government of Sri Lanka and its commitments as set forth in response
to the findings and recommendations of the Commission,
19. Noting Reiterating Noting that the national plan of action does
not adequately address all of the findings and constructive
recommendations of the Commission, and encouraging the Government of Sri
Lanka to broaden the scope of the plan to adequately address all
elements of the Commission report,
20. Noting Also reiterating Noting with concern that the national
plan of action and the Commission’s report do not adequately address
serious allegations of violations of international human rights law and
international humanitarian law,
21. Emphasizing Emphasizes the importance of a comprehensive approach
to transitional justice incorporating the full range of judicial and
non-judicial measures, including, among others, individual prosecutions,
reparations, truth-seeking, institutional reform, vetting of public
employees and officials, or an appropriately conceived combination
thereof, in order to, inter alia, ensure accountability, serve justice,
provide remedies to victims, promote healing and reconciliation,
establish independent oversight of the security system and restore
confidence in the institutions of the State and promote the rule of law
in accordance with international human rights law, with a view to
preventing recurrence of violations and abuses
22. Underlining underlines that truth-seeking processes, such as
truth and reconciliation commissions, that investigate patterns of past
human rights violations and their causes and consequences are important
tools that can complement judicial processes and that, when established,
such mechanisms have to be designed within a specific societal context
and to be founded on broad national consultations with the inclusion of
victims and civil society, including non-governmental organizations,
23. Recalling Reaffirms the responsibility of States to comply with
their relevant obligations to prosecute those responsible for gross
violations of human rights and serious violations of international
humanitarian law constituting crimes under international law, with a
view to end impunity;
24. Recallingthe High Commissioner’s conclusion that national
mechanisms have consistently failed to establish the truth and achieve
justice, and her recommendation that the Human Rights Council establish
an international inquiry mechanism to further investigate the Noting the
call made by the High Commissioner for an independent and credible
international investigation into alleged violations of international
human rights law and international humanitarian law and monitor any
domestic accountability processes,
25. Encouraging the Government to increase its dialogue and
cooperation with the Office of the High Commissioner, including with
regard to technical assistance,
1. Welcomes the oral update of 25 September 2013 and the report of 24
February 2014 of the Office of the United Nations High Commissioner for
Human Rights on advise and technical assistance for the Government of
Sri Lanka on promoting reconciliation and accountability in Sri Lanka
and the recommendations and conclusions contained therein, in particular
including on the establishment of a truth-seeking mechanism and
national reparations policy as an integral part of a more comprehensive
and inclusive approach to transitional justice;
2. Calls upon Encourages the Government of Sri Lanka: to implement
the recommendations made in the reports of the Office of the High
Commissioner, and also calls upon the Government to conduct an
independent and credible investigation into allegations of violations of
international human rights law and international humanitarian law, as
applicable; to hold accountable those responsible for such violations;
to end continuing incidents of human rights violations and abuses in Sri
Lanka; and to implement the recommendations made in the reports of the
Office of the High Commissioner;
3. Reiterates its call upon the Government of Sri Lanka to implement
effectively the constructive recommendations made in the report of the
Lessons Learnt and Reconciliation Commission, and to take all necessary
additional steps to fulfil its relevant legal obligations and commitment
to initiate credible and independent actions to ensure justice, equity,
accountability and reconciliation for all Sri Lankans;
4. Urges the Government of Sri Lanka to investigate all alleged
attacks, by individuals and groups, on temples, mosques, and churches
and to take steps to prevent future attacks; and calls on the Government
of Sri Lanka to investigate and hold accountable perpetrators of
attacks on places of worship, journalists, human rights defenders,
members of religious minority groups, and other members of civil
society, as well as on temples, mosques and churches, and further urges
the Government of Sri Lanka to hold perpetrators of such attacks to
account and take steps to prevent such attacks in the future;
5. Calls upon the Government of Sri Lanka to release publicly the
results of its investigations into alleged violations by security
forces, including the attack on unarmed protesters in Weliweriya on
August 1, 2013, and the Army Court of Inquiry report of 2013;
6. Encourages Encourages the Government of Sri Lanka to provide
ensure that all Provincial Councils, including the Northern Provincial
Council, and its Chief Minister with the resources and authority
necessary to govern, as required by are able to operate effectively, in
line with the 13th Amendment of Sri Lanka’s constitution;
7. Welcomes the visit by the Special Rapporteur on the Human Rights
of Internally Displaced Persons in December 2013, and to issue an
invitation to the Special Rapporteur on the Human Rights of Migrants;
and calls upon the Government of Sri Lanka to facilitate the effective
implementation of durable solutions for IDPs, including the long-term
displaced
7 bis. Further welcomes the invitation to the Special Rapporteurs on the Human Rights of Migrants and the Right to Education;
7 ter. Encourages the Government of Sri Lanka to cooperate with other
special procedures mandate holders and to respond formally to their
outstanding requests, including long standing requests;
8. Welcomes Takes note of the High Commissioner’s recommendations and
conclusions regarding ongoing human rights violations and on the need
for an independent and credible an international inquiry mechanism in
the absence of a credible national process with tangible results, and
requests the Office of the High Commissioner:
a) to monitor the human rights situation in Sri Lanka and continue to
assess progress toward accountability and reconciliation on relevant
national processes;
b)to undertake a comprehensive independent investigation into alleged
serious violations and abuses ofhuman rights and related crimes by both
parties in Sri Lanka, during the period covered by the Lessons Learnt
and Reconciliation Commission, and establish the facts and circumstances
of such alleged violations and of the crimes perpetrated with a view to
avoiding impunity and ensuring accountability, with input assistance
from relevant experts and special procedures special procedures mandate
holders as appropriate,;
c) to present an oral update to the Human Rights Council at its
twenty-seventh fourth session, and a comprehensive report followed by a
discussion on the implementation of the present resolution at its
twenty-eighth fifth session.
9. Encourages the Office of the High Commissioner and relevant
special procedures mandate holders to provide, in consultation with and
with the concurrence of the Government of Sri Lanka, in consultation
with and with the concurrence of the Government of Sri Lanka, advice and
technical assistance on implementing the above-mentioned steps;
10. Calls upon the Government of Sri Lanka to cooperate with the
Office of the High Commissioner concerning the implementation of this
resolution.
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