The Office of the High Commissioner for Human Rights today called on states to push for alternate strategies at the international level to pursue accountability for Sri Lanka’s alleged human rights violations.
Among the options suggested are targeted sanctions against alleged perpetrators and prosecutions on the basis of extraterritorial and universal jurisdiction.
The recommendations, coming because of the failure by successive Sri Lankan governments to establish current and effective accountability mechanisms, are in a comprehensive report which the OHCHR presented at the start of today’s 51st sessions of the United Nations Human Rights Council sessions.
Acting Human Rights High Commissioner Nada Al-Nashif who gave an oral update of the report pursuant to Resolution 46/1, told the Council that 13 years since the end of the war, tens of thousands of survivors and their families continue to seek justice and the truth about the fate of their loved ones. ‘The Sri Lankan state has continuously failed to pursue an effective transitional justice process and uphold victims’ rights for justice and reparations. Rather, as described in our previous reports, successive governments have created political obstacles to accountability and actively promoted and incorporated some miliary and former paramilitary army officials credibly implicated in alleged war crimes into the highest levels of government and have failed to present an understanding of the conflict and its roots causes’, she said in a more than eight- minute-long update.
The OHCHR office here is collecting evidence and carrying out analysis, which will go into a repository to assist further accountability initiatives.
Reporting on the government’s recent and ongoing crackdown on its critics and protesters, the Acting High Commissioner said the arrest of scores of leaders and members of the protest movement and trade unionists is of concern. Particularly troubling was the use of the Prevention of Terrorism Act to arrest three student leaders on 18 August, despite the government’s announcement in June 2022 that it has been applying a defacto moratorium on the use of this Act since March of this year. ‘I urge the government not to revert to reliance on these draconian security laws but to take positive action to foster an environment for peaceful protest, critical discussion, and debate. It is essential the government respects and promotes an environment for freedom of assembly and inclusive democratic participation’.
The lack of progress with the Easter Sunday bombings in 2019 prompted the OHCHR to ask for an independent and transparent investigation, with international assistance, should it be needed. She noted that despite some suspects being charged, there has been no further progress to establish the truth.
The Acting High Commissioner said she was pleased her office had been able to discuss potential areas of cooperation with the government including the drafting of a new counter terrorism law to replace the PTA and, in the areas of transitional justice and strengthening of institutions. This will involve security sector reforms to remove military officials or former paramilitary leaders implicated in human rights violations, to increase transparency and ensure accountability.
She pointed out how impunity remains a central obstacle to the rule of law, reconciliation and Sri Lanka’s sustainable peace and development. ‘This impunity continues to embolden those committing human rights violations and has created fertile grounds for corruption and the abuse of power as well as created the economic crisis’.
Referring to the unprecedented economic crisis, she said inflation has reached 66. 7 percent in the past months and that 6. 3 m people are food insecure. ‘For months Sri Lankans have faced severe shortages of food, medicine, fuel and electricity. These realities have impaired peoples’ right to food, education, health and work’.
She went on to say how people from different socio economic, cultural, ethnic, and religious backgrounds came together to call for deep political and economic reforms as well as accountability for economic mismanagement and corruption. ‘Sri Lanka navigated these changes in a largely peaceful way and in accordance with the constitution, but the political and economic situation remains fragile and the potential for further instability remains’, she warned .
The High Commissioner spoke how the broad- based demands from Sri Lankans from all communities, youth in particular, for accountability and democratic reforms, is an important starting point for a new and common vision for the future of Sri Lanka. She said she encourages the government to embark on a national dialogue to advance human rights and reconciliation and to carry out the deeper institutional and security sector reforms needed to restore the independence of these institutions to combat impunity to prevent the recurrence of human rights violations and to tackle the economic crisis. ‘The government has a fresh opportunity to steer the country on the path towards justice and reconciliation and to address the legacy of conflict’.
