The 3rd revised
draft of the US initiated resolution on Sri Lanka , Promoting
reconciliation and accountability in Sri Lanka has been tabled
this (18th March 2013) evening. No further changes are envisaged
between now and voting day although it
is possible to submit oral revisions on voting day.
It seems as
the US has came under pressure
to incorporate mild language from countries like Indonesia,
Thailand and probably Pakistan and Cuba. Unlike in the March 2012,
this year US
has been working hard to get larger consensuses on its resolution. It held two
informal sessions within a week to obtain opinions form member countries and has accommodated many such changes proposed.
The present
3rd draft has less strong in its wordings than the first draft and many believe that
stronger first draft was aimed at creating a bargaining position for the US. US can now claim
the moral high ground showing that it accommodated
number of changes proposed by member countries while Sri Lanka lost its ground by taking
a non negotiable stand.
This revised draft is not substantive as the initial draft text, but key components are
there - High Commissioner's report, truth seeking mechanism, credible independent international
investigations, Special Procedures, OHCHR monitoring/reporting.
Here are the
notable changes appeared in the revised draft submitted today.
- The HC's
call for international investigations has moved to a preambulary paragraph from
OP1, while the new revised OP2 adds language on credible and independent
investigations
- Removal of
the individual Special Procedures mandates titles, but retains the wording on "outstanding"
visit requests, so in that way still makes reference to all those mandates who
requests are public on the OHCHR website
- Welcomes
progress made in the area of de-mining, infrastructure, resettlement of majority
of IDPs... this was strongly pushed for Thailand, Indonesia and Japan in
particular, and it seems that the main sponsors were not too pleased and they
have tried to balance out the para by "noting nonetheless" the further
areas that need work.
- In OP6, the
mention of an interim report at HRC-24 is replaced with an "oral update"
and the interactive dialogue at HRC-25 is replaced by "a discussion"
- this is due to reservations from Cuba,
Russia and Pakistan mainly. Nonetheless it
still maintains Sri Lanka
on the official agenda of the HRC in both September 2013 and March 2014.
For the revised draft with track changes click here
For the revised draft with track changes click here
Human Rights Council
Twenty-second session
Austria, Canada**, Croatia*, Belgium*, Denmark*, Estonia, France*, Finland*, Georgia*, Germany, Greece*, Hungary*, Iceland*, Ireland, Italy, Liechtenstein*, Lithuania*, Malta*, Monaco*, Montenegro, Norway*, Poland, Portugal*, Romania, Slovakia*, Slovenia*, Spain, St Kitts and Nevis*, Sweden*, Switzerland, United Kingdom of Great Britain and Northern Ireland*, United States of America: draft resolution
22/… Promoting reconciliation and accountability in Sri Lanka
The Human
Rights Council,
Reaffirming the purposes and principles contained in the Charter of
the United Nations,
Guided by the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other relevant instruments,
Bearing in mind General Assembly resolution 60/251 of 15 March
2006,
Recalling Council resolutions 5/1 and 5/2 of 18 June 2007, on
institution-building of the Human Rights Council,
Recalling Human Rights Council resolution 19/2 of 22 March 2012 on
promoting reconciliation and accountability in Sri Lanka,
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,
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,
Welcoming the announcement by the Government of Sri Lanka to hold
elections to the Provincial Council in the Northern Province in September 2013,
Welcoming and acknowledging
the progress made by the Government of Sri Lanka in rebuilding infrastructure,
demining, resettling the majority of internally displaced persons, and noting
nonetheless that considerable work lies ahead in the areas of justice,
reconciliation and resumption of livelihoods, and stressing the importance of
the full participation of local populations, including representatives of civil
society and minorities, in these efforts,
Taking note of the report of the Lessons Learnt and Reconciliation
Commission of Sri Lanka and its findings and recommendations, and acknowledging
its possible contribution to the process of national reconciliation in Sri Lanka,
Taking note 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,
Noting that the national plan of action does not adequately address
all of the findings and constructive recommendations of the Commission,
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 and
enact rule of law reforms,
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,
Expressing concern at the continuing reports of violations of human
rights in Sri Lanka, including enforced disappearances, extrajudicial killings,
torture, and violations of the rights to freedom of expression, association and
peaceful assembly, as well as intimidation of and reprisals against human
rights defenders, members of civil society and journalists, threats to judicial
independence and the rule of law, and discrimination on the basis of religion
or belief,
Calling upon the Government of Sri Lanka to fulfill 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,
Expressing appreciation
for the efforts 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 encouraging the Government to increase its dialogue and
cooperation with the Office of the High Commissioner,
Noting the High Commissioner’s call for an independent and credible
international investigation into alleged violations of international human
rights law and international humanitarian law,
1. Welcomes the report
of the Office of the United Nations High Commissioner for Human Rights on
advice and technical assistance for the Government of Sri Lanka on promoting
reconciliation and accountability in Sri Lanka[1]
and the recommendations and conclusions contained therein, in particular on the
establishment of a truth-seeking mechanism as an integral part of a more
comprehensive and inclusive approach to transitional justice;
2. Encourages the
Government of Sri Lanka to implement the recommendations made in the report of
the Office of the High Commissioner, and also calls upon the Government of Sri Lanka to conduct an independent
and credible investigation into allegations of violations of international
human rights law and international humanitarian law, as applicable;
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 and accountability, and reconciliation for all Sri
Lankans;
4. Encourages the Government of Sri Lanka to cooperate with
special procedures mandate holders and to respond formally to their outstanding
requests, including by extending invitations and providing access;
5. 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;
6. Requests the Office
of the High Commissioner, with input from relevant special procedures mandate
holders, as appropriate, to present an oral update to the Human Rights Council
at its twenty-fourth session, and a comprehensive report followed by a discussion at the twenty-fifth
session, on the implementation of the present resolution.
