UNHRC Geneva:

US draft resolution backs Govt mechanism

by Our Political Correspondent

The draft of the resolution to be submitted by a group of member states led by the United States to the UN Human Rights Council in Geneva next week has endorsed the new mechanisms proposed by the Government for a comprehensive review and investigation of human rights violations and other injustices in the country in recent years and asks the world community to provide all possible help to Sri Lanka.

According to a copy of the current draft obtained by the Sunday Observer, the US resolution is expected to push for a strong, new, institutional infrastructure to be set up by the Sri Lankan government ‘for promoting reconciliation, accountability and human rights in Sri Lanka’. Official sources in Colombo cautioned that the draft currently in circulation is likely to undergo revision as various Council member countries and civil society bodies make their proposals, but were confident that the core theme of a Sri Lankan-built institutional framework would remain in the resolution.

Diplomatic sources told the Sunday Observer that the ‘informal meeting’ on Sri Lanka that should have been held in Geneva parallel to the on-going official session on September 17, is now to be held tomorrow.

This meeting will contribute to further inputs to the US draft resolution now being circulated. Several international human rights groups as well as Sri Lankan activist groups are also busy submitting amendments and additions for consideration by the official drafting group.

“So far there is no reference to any mechanism other than those proposed and discussed by Colombo,” one diplomatic source said.

Excerpts from the current US draft state:

“Encourages the new Government of Sri Lanka to respect its positive commitment to bolster and safeguard the credibility of these justice processes by engaging in broad national consultations with the inclusion of victims and civil society, including non-governmental organizations, from all affected communities that will inform the design and implementation of these processes, as well as assistance from international experts and the international community throughout the process, and to ensuring strong and effective witness and victim protection measures are in place;

Welcomes the government’s recognition that accountability is essential to uphold the rule of law and build confidence in the people of all communities of Sri Lanka in the justice system, takes note with appreciation of the Government of Sri Lanka’s proposal to establish a Judicial Mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; and affirms that credible transitional justice process should include independent judicial and prosecutorial institutions led by individuals known for integrity and impartiality; and calls upon the Government of Sri Lanka, to involve international investigators, prosecutors and judges in Sri Lanka’s justice processes;

Encourages the Government of Sri Lanka to review and, where required, reform domestic law to ensure that it allows for prosecution of the full range of crimes under domestic and international law involving violations and abuses of human rights and violations of international humanitarian law;

Welcomes the proposal by the Government of Sri Lanka to establish a Commission for Truth, Justice, Reconciliation, and Non Recurrence; an Office of Missing Persons; and an Office for Reparations; and stresses the need for these mechanisms to be independent, impartial, and transparent as well as led by individuals known for professionalism, integrity and impartiality;

Welcomes also the commitment by the Government of Sri Lanka to ensure that each transitional justice mechanism has the freedom to obtain assistance, including financial, material and technical assistance, from international partners, including the Office of the High Commissioner for Human Rights;

Encourages the Government of Sri Lanka to introduce effective security sector reforms as part of its transitional justice process that include ensuring that no scope exists for retention in or recruitment into the security forces of anyone credibly implicated in serious crimes involving human rights violations or abuses or violations of international humanitarian law including members of the security and intelligence units;

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; (HRC 25/1)

Urges the Government of Sri Lanka to investigate all alleged attacks by individuals and groups on journalists, human rights defenders, members of religious minority groups and other members of civil society, as well as on temples, mosques and churches, and to hold perpetrators of such attacks to account and to take steps to prevent such attacks in the future; (HRC 25/1)

Affirms the Government of Sri Lanka’s commitment to review and repeal the Prevention of Terrorism Act and replace it with anti-terrorism legislation in line with contemporary international best practices;

Welcomes the Government of Sri Lanka’s commitment to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearances without delay, and to begin issuing Certificates of Absence to the families of the missing as a temporary measure of relief;

Urges the Government of Sri Lanka to credibly investigate widespread allegations of extrajudicial killings and enforced disappearances, demilitarize the north and east 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, (HRC 25/1)

Welcomes the Declaration of Peace proclaimed by the Government of Sri Lanka on 4 February 2015 and calls on the Government of Sri Lanka to review and, as appropriate, repeal or reform legislation and other measures enacted and implemented during the armed conflict and its aftermath so as to reflect the transition to peace and stability on the island and to ensure compliance with Sri Lanka’s international obligations,

Calls upon the new Government of Sri Lanka to reform its domestic law to ensure that it can effectively implement its own commitments, the recommendations made in the report of the Lessons Learnt and Reconciliation Commission, as well as the recommendations of the report by the Office of the High Commissioner for Human Rights requested in resolution 25/1, including the investigation and prosecution of those most responsible for the full range of relevant crimes involving violations and abuses of human rights and violations of international humanitarian law;

Welcomes the Government of Sri Lanka’s commitment to release publicly previous Presidential Commission Reports such as the Udalagama and Paranagama reports by the end of this month, and calls for the release of the results of its investigations into alleged violations by security forces, including the attack on unarmed protesters in Weliweriya on 1 August 2013, and the report of 2013 by the court of inquiry of the Sri Lanka Army; (HRC 25/1)

Encourages the Government of Sri Lanka to develop a comprehensive plan and mechanism for preserving all existing records and documentation relating to human rights violations and abuses and violations of international humanitarian law, whether held by public or private institutions;

Urges the Government of Sri Lanka to fulfill its commitments on the devolution of political authority, which is integral to reconciliation and the full enjoyment of human rights by all members of its population; and encourages the Government of Sri Lanka to ensure that all Provincial Councils, including the Northern Provincial Council, are able to operate effectively, in accordance with the 13th amendment to the Constitution of Sri Lanka; (HRC 25/1 + new language)

Underlines that the credibility and success of transitional justice processes wherever they are established are enhanced by international assistance and expert involvement, and encourages the Government of Sri Lanka, the people of Sri Lanka, and the High Commissioner, as well as other relevant international organizations and experts, to work together to determine appropriate forms of international support for and engagement with Sri Lanka’s processes;Requests the Office of the High Commissioner to assess and verify the human rights situation in Sri Lanka;

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, advice and technical assistance on implementing the above mentioned steps; (HRC 25/1)