UNHRC Requests High Commissioner to Undertake a Comprehensive Investigation into Alleged Serious Human Rights Violations in Sri Lanka
In a resolution (A/HRC/25/L.1/Rev.1) on promoting reconciliation, accountability and human rights in Sri Lanka, adopted by a vote of 23 in favour, 12 against and 12 abstentions, the Council requests the Office of the High Commissioner to undertake a comprehensive 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, and to 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 mandate holders.
Pillay: a madate to go ahead (UN /Jean-Marc Ferré ) |
In a resolution (A/HRC/25/L.1/Rev.1) on promoting reconciliation, accountability and human rights in Sri Lanka, adopted by a vote of 23 in favour, 12 against and 12 abstentions, the Council requests the Office of the High Commissioner to undertake a comprehensive 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, and to 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 mandate holders.
The resolution also requests the High
Commissioner to present an oral update to the Council at its
twenty-seventh session, and a comprehensive report followed by a
discussion on the implementation of the present resolution at its
twenty-eighth session. The Council 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 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 1 August 2013, and the report of 2013 by the
court of inquiry of the Sri Lanka Army.
The result of the vote was as follows:
In favour
(23): Argentina, Austria, Benin, Botswana, Brazil, Chile, Costa Rica,
Côte d’Ivoire, Czech Republic, Estonia, France, Germany, Ireland, Italy,
Mexico, Montenegro, Peru, Republic of Korea, Romania, Sierra Leone, The
former Yugoslav Republic of Macedonia, United Kingdom, and United
States of America.
Against (12): Algeria, China, Congo,
Cuba, Kenya, Maldives, Pakistan, Russian Federation, Saudi Arabia,
United Arab Emirates, Venezuela and Viet Nam.
Abstentions
(12): Burkina Faso, Ethiopia, Gabon, India, Indonesia, Japan,
Kazakhstan, Kuwait, Morocco, Namibia, Philippines, and South Africa.
Before
the vote on the resolution, the Council voted on a no-action motion on
the resolution, rejecting it by a vote of 16 in favour, 25 against and 6
abstentions.
The Council also voted on a motion to delete
operative paragraph 10 L./Rev.1 (Rule 129), and voted to keep the
paragraph in the resolution, by a vote of 23 in favour, 14 against and
10 abstentions.
The result of the vote was as follows:
In favour (23):
Argentina, Austria, Benin, Botswana, Brazil, Chile, Costa Rica, Côte
d’Ivoire, Czech Republic, Estonia, France, Germany, Ireland, Italy,
Mexico, Montenegro, Peru, Republic of Korea, Romania, Sierra Leone, The
former Yugoslav Republic of Macedonia, United Kingdom, and United States
of America.
Against (14): Algeria, China, Congo, Cuba,
India, Indonesia, Kenya, Maldives, Pakistan, Russian Federation, Saudi
Arabia, United Arab Emirates, Venezuela and Viet Nam.
Abstentions (10): Burkina Faso, Ethiopia, Gabon, Japan, Kazakhstan, Kuwait, Morocco, Namibia, Philippines, and South Africa.
United States,
introducing draft resolution L.1/Rev.1 on promoting reconciliation,
accountability and human rights in Sri Lanka, said that the resolution
highlighted that the human rights situation in Sri Lanka had continued
to deteriorate, including enforced disappearances, extrajudicial
killings, torture, sexual violence, repression to human rights defenders
and violence against religious minorities. The international community
was also concerned at the lack of progress by Sri Lanka to ensure
accountability for serious human rights and humanitarian law
violations. The resolution requested that the Office of the High
Commissioner undertook a comprehensive investigation into alleged
serious violations and abuses of human rights by both parties during the
period covered by the report of the Government’s own Lesson Learnt and
Reconciliation Commission.
Former Yugoslav Republic of Macedonia,
also introducing the resolution, said that Sri Lanka had yet to make
significant progress to ensure reconciliation and accountability. Human
Rights Defenders were harassed in Sri Lanka. The Former Yugoslav
Republic of Macedonia was committed to cooperate with Sri Lanka to
implement this resolution as well as recommendations made in the report
by the Office of the High Commissioner.
Mauritius, also
introducing the resolution, said that it had a consistent position
regarding the need for promoting reconciliation and accountability in
Sri Lanka. The draft resolution called on Sri Lanka to respect to its
commitments, and would help the national reconciliation process in Sri
Lanka.
Italy, in a general comment on behalf of the European Union,
said that despite positive elements, limited progress had been made in
addressing reconciliation and accountability in Sri Lanka. It urged
the Government to uphold its international obligations and implement the
recommendation of the Lessons Learnt and Reconciliation Commission. It
shared concern that domestic investigations to date into allegations of
serious violations and abuses of international human rights and
humanitarian law had lacked credibility and had been insufficient. All
Members of the Council were called upon to support the adoption of the
resolution.
Montenegro, in a general comment, said that
it was aware of the need to address accountability, justice and
reconciliation in the aftermath of a conflict and prerequisites were to
establish the facts, and re-establish mutual trust. Montenegro strongly
believed that it was imperative for the international community to
support this process. By adopting the resolution, the Council would
express the need for necessary steps to be taken and serve as a reminder
of past human rights violations that had yet to be addressed.
United Kingdom,
in a general comment, said that it was committed to supporting long
term peace and reconciliation in Sri Lanka and welcomed positive steps
taken by Sri Lanka so far. However there was an important gap in those
steps, a genuine process to determine the truth regarding allegations of
war crimes and serious violations and abuses that took place during the
conflict. It was regretted that Sri Lanka had failed to take domestic
action itself, despite two previous resolutions by the Council on doing
so. In the absence of action by the Government, the international
community should support the clear call by the High Commissioner for an
international investigation.
Sri Lanka, speaking as the
concerned country, stressed that there was no urgent situation in Sri
Lanka that warranted the Council’s continued attention. It was ironic
that with extensive domestic mechanisms in place, a resolution had been
brought to the Council. The draft resolution, if adopted, would not
only constitute a serious breach of international law, but would create a
dangerous precedent in the conduct of international relations and could
pose a threat to the sovereignty and independence of Member States.
The resolution was also highly intrusive and politicised, and did not
give due regard or recognition to significant progress made by Sri Lanka
in different aspects of the reconciliation process, or the domestic
mechanisms underway. In the key operative paragraph, the resolution
vested the Office of the High Commissioner with an investigative mandate
in violation of Council resolution 60/251 and the institution-building
package. In addition to not having the mandate to conduct an
investigation, the Office also lacked the capacity and resources to do
so. With the deliberate failure to specify a time period in operative
paragraph 10 (b), the draft resolution may confine its ambit between
2002 and 2009, thus completely excluding the atrocities and violations
of human rights and humanitarian law committed by the Liberation Tigers
of Tamil Eelam prior to 2002.
The operative paragraph 10 (b),
furthermore, as presently constituted, was structured in such a partisan
manner as to exclude the alleged atrocities committed over the entire
duration of the conflict. Sri Lanka was disappointed to note that a key
imperative driving this resolution was not genuine concern for the
welfare of its people but electoral compulsions of some States at the
behest of certain extreme elements with links to the Liberation Tigers
of Tamil Eelam. Sri Lanka appealed to the conscience of the Member
States and, irrespective of the outcome, reiterated that the
democratically elected Government of Sri Lanka would never countenance
any return to armed conflict or terrorism. The Government was committed
to continue its ongoing process of reconciliation and national
building. The resolution eroded the sovereignty of the people of Sri
Lanka, and the core values of the United Nations Charter, the Universal
Declaration of Human Rights, and the basic principles of law that
postulated equality among all people. Sri Lanka requested members of
the Council to reject the resolution by vote.
Pakistan,
in an explanation of the vote before the vote, said that this approach
on the situation in Sri Lanka was counterproductive, and that any
initiatives had to be taken with Sri Lanka’s cooperation. Sri Lanka had
a long tradition of democracy, and had succeeded in putting an end to
terrorism. Interference to the internal affairs of Sri Lanka was
intolerable and in contradiction with the Charter of the United
Nations. An international investigation by the Office of the High
Commissioner was a clear violation of the sovereignty and territorial
integrity of Sri Lanka, and had unfortunate budget implications. If
this investigation should be funded by the countries supporting this
resolution, this would be a serious breach to its impartiality.
Furthermore, the time period covered by this investigation was unclear
and biased against Sri Lanka as it would not include abuses perpetrated
by the Liberation Tigers of Tamil Eelam prior to 2002. Pakistan called
for a vote for the deletion of operative paragraph 10 of this
resolution.
India, in an explanation of the vote before
the vote, said that the end of the conflict in Sri Lanka had provided
an opportunity for peace and security. India was supportive of Sri
Lanka’s efforts for truth and reconciliation, as well as Sri Lanka’s
cooperation with the United Nations. Sri Lanka had made significant
progress in the field of reconstruction and resettlement. Sri Lanka
had, however, failed to ensure accountability for all violations of
human rights and humanitarian law. India called for an investigation of
all these allegations, including on cases of enforced disappearances.
India and Sri Lanka had a long cooperation history. In asking the
Office of the High Commissioner to investigate, the resolution ignored
progress already achieved in this field. Sri Lanka should be provided
all the cooperation it deserved. Any external mechanism would not
reflect the spirit of dialogue and cooperation of the Human Rights
Council. India would therefore abstain in the vote.
Cuba,
in an explanation of the vote before the vote, said that it supported
the request made by Pakistan on operative paragraph 10. Sri Lanka had
shown genuine commitment to the promotion and protection of the human
rights of its people. Cuba said that some pretexts had been used to
induce a need to submit the draft resolution. Unfortunately, during
this session the imposition of this and other biased initiatives had
been seen and this was not needed. A spirit of dialogue and cooperation
was needed. Cuba supported efforts made by the Government of Sri Lanka
to press ahead for reconciliation and the promotion and protection of
human rights. Cuba could not support this politically motivated draft
resolution and would vote against it.
Venezuela, in an
explanation of the vote before the vote, categorically rejected
initiatives such as this one. They tarnished the work of the Council
and were most often used against developing countries. It was regretted
that the co-sponsors had simply ignored the demonstrated efforts of the
Government of Sri Lanka to comply with its human rights obligations
since peace was restored in 2009. Venezuela believed that the
interventionist attempts into Sri Lanka’s domestic policies were
unjustified and were attempts not based on cooperation or genuine
dialogue, the cornerstones of the work of the Council. It raised a
warning about the very serious risk posed by resolutions such as this
one. The Universal Periodic Review was the appropriate forum for such
discussions. Venezuela would vote against the resolution.
Maldives,
in an explanation of the vote before the vote, welcomed the efforts by
Sri Lanka, adding that Maldives respected the sovereignty and
territorial integrity of Sri Lanka. It noted with appreciation that Sri
Lanka cooperated constructively with the United Nations. It was
important that the international community refrained from taking any
initiatives that would have a negative impact on reconciliation in Sri
Lanka.
Indonesia, in an explanation of the vote before
the vote, said that reconciliation had to be undertaken openly and
constructively. Indonesia welcomed Sri Lanka’s efforts and cooperation
with United Nations human rights mechanisms. Indonesia believed that
Sri Lanka had to make efforts towards accountability and improve its
human rights situation with the support of the international community.
This draft resolution would undermine the efforts by Sri Lanka.
Indonesia would therefore abstain.
Pakistan repeated
that the funding for the resolution was significant and it was not clear
where it was coming from; if it was coming from a country that
sponsored the resolution, than that would taint the whole process. If
funding was not available, then no action on the resolution should be
taken.
The President then read out appropriate provisions from
the rules of procedure on the no-action motion. The President than gave
the floor to two countries supporting the no-action motion and two
countries against it.
Cuba said it was in favour of the
no-action motion. No satisfactory response had been received indicating
that resources were available for the implementation of the resolution,
and there was no doubt that this would require significant funding,
millions in fact. Cuba supported the no-action motion.
Russia supported the proposal of Pakistan to postpone the action on this resolution.
United States
said it opposed the no-action motion, and said that the procedure for
this resolution’s budget implications was the same as for all other
resolutions. The main sponsors of this resolution had organized open
consultations and had taken a range of views into account, including by
Pakistan. The Office of the High Commissioner had the full mandate to
carry out investigations as it had already done in the past. The
investigation would be carried out on a time period that had been set by
the Government of Sri Lanka itself. The no-action motion was an
ill-attempt to oppose this resolution.
Montenegro said
it opposed the no-action motion. The Office of the High Commissioner
had already carried out similar investigations on other situations.
Montenegro fully rejected the position of Pakistan regarding the lack of
budget. This resolution had been presented in full compliance with the
Council’s rules of procedure, and had been negotiated openly. Members
who opposed this resolution were free to vote no or to abstain, but
there was no reason to postpone its consideration.
The Council then rejected the no-action motion by a vote of 16 in favour, 25 against and 6 abstentions.
In
a separate vote on the operative paragraph 10 L./Rev.1 (Rule 129), the
Council decided to keep the paragraph in the resolution, by a vote of 23
in favour, 14 against and 10 abstentions.
China said
that Sri Lanka had made significant progress in the promotion and
protection of human rights and the promotion of stability and this
deserved recognition and acknowledgement by the international
community. People had the right to choose their own path to
development. (President interrupts). China requested a vote on the
draft resolution L.1/Rev.1.
The Council then adopted the resolution with a vote of 23 in favour, 12 against and 12 abstentions.
China,
speaking in an explanation of the vote after the vote, said that it
profoundly regretted that it could not make an explanation of the vote
before the vote. In the view of China, Sri Lanka had spent more than a
decade in conflict and had made commendable efforts to promote
development for its people. Co-sponsors of this resolution were
interfering in the process of reconciliation and in the internal affairs
of Sri Lanka. Furthermore, the draft went against the mandate of the
Office of the High Commissioner. China therefore had voted against this
resolution.
Mexico, speaking in an explanation of the
vote after the vote, said it had engaged in the negotiations
constructively to ensure that the text was balanced. Mexico therefore
had voted in favour of the resolution, which would deepen the
cooperation of Sri Lanka with the Office of the High Commissioner and
the Human Rights Council. The nature of the Office of the High
Commissioner would ensure the independence and impartiality of its
investigation of alleged violations in Sri Lanka. Mexico called on Sri
Lanka to fully cooperate in the implementation of this resolution.
Republic of Korea,
speaking in an explanation of the vote after the vote, said that Sri
Lanka had made important efforts on reconstruction and resettlement,
which had to be appreciated. The Republic of Korea underlined, however,
that there was still room for improvement in terms of accountability,
which was a necessity for true national reconciliation. This resolution
would support Sri Lanka in these efforts. The Republic of Korea
called on Sri Lanka to fully cooperate in the implementation of this
resolution.
South Africa, in an explanation of the vote
after the vote, said that it had abstained on the vote. South Africa
had encouraged Sri Lanka to implement the recommendations made by the
Lessons Learnt and Reconciliation Commission and had also supported the
establishment of an efficient, inclusive and transparent mechanism to
deal with human rights violations. The people of Sri Lanka should
speedily agree on a process that would allow for a meaningful political
process that would bring about a constitution acceptable to all Sri
Lankans.
Japan, in an explanation of the vote after the
vote, said that it had maintained bilateral dialogue with Sri Lanka and
believed that its continued engagement with this country had resulted in
a number of commitments such as to hold the elections, to release the
final report of the Presidential Commission on missing persons, and
others. It was unfortunate that the discussions on this resolution did
not promote confidence building between parties. Sri Lanka should do it
utmost to cooperate with the international community, improve the human
rights situation and achieve national reconciliation.
Cuba,
in an explanation of the vote after the vote, said that it had voted
against the resolution because of its political nature. Cuba was
entirely against the manipulation of the voting procedures and said that
the President himself had violated the procedure twice today. It was
the duty of the secretariat to advise the President on the full
implementation and interpretation of the rules of the procedure.
Russian Federation,
in an explanation of the vote after the vote, said that this resolution
interfered with Sri Lanka’s reconciliation process. The resolution
went beyond the mandate of the Office of the High Commissioner for Human
Rights.
United Kingdom, speaking in a right of reply
to allegations made by Pakistan that it had conducted torture while
countering terrorism, rejected those allegations. The United Kingdom
was committed to protecting human rights while countering terrorism.
Brazil,
speaking in an explanation of the vote after the vote, acknowledged
progress achieved by Sri Lanka, and recognized the enormous challenges
countries faced after an armed conflict. Brazil appreciated the
willingness of Sri Lanka to engage with the United Nations human rights
system. Brazil however believed that steps remained to be taken in the
field of accountability, reconciliation and reparation to the victims.
International support and cooperation were crucial to achieve these
objectives.
Pakistan, speaking in a right of reply
concerning the right of reply of the United Kingdom, said that Pakistan
had not made mention of any names and if delegations felt accusations
were directed against them, then it was their guilty conscience talking
NB:
Caption given is form SLB; Original Caption:
Action on Resolution on Promoting Reconciliation, Accountability, and Human Rights in Sri Lanka
For use of the information media; not an official record OHCHR