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| The UN Human Rights Council meets in Geneva. (UN) |
''8. Takes note of the High Commissioner’s recommendations and conclusions regarding ongoing human rights violations and on the need for an independent and credible international inquiry mechanism in the absence of a credible national process with tangible results, and requests the Office of the High Commissioner:
a) to continue to monitor the human rights situation in Sri Lanka and assess progress toward accountability and reconciliation, on relevant national processes;
b) to lead a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka and establish the facts and circumstances of such violations and of the crimes committed with a view to avoiding impunity and ensuring accountability, with input assistance from relevant experts 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.
Draft resolution HRC 25
14 March 2014
(underlined reflects changes from this year’s previous draft )
(underlined reflects changes from this year’s previous draft )
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,
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, and the
resumption of livelihoods, and stressing the importance of the full
participation of local populations, including representatives of civil society
and minorities, in these efforts,
10.
Welcoming the successful 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 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.
Recalling the 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 to account and take steps to prevent such attacks in the
future;
5. Calls upon the Government of Sri Lanka to
release publically 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 Calls upon the
Government of Sri Lanka to provide ensure that the Northern
Provincial Council and its Chief Minister with the resources and authority
necessary to govern, as required by is able to operate effectively,
in line with the 13th Amendment of Sri Lanka’s constitution;
7. Welcomes the decision of the Government of
Sri Lanka to facilitate 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 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 international inquiry mechanism in the
absence of a credible national process with tangible results, and requests
the Office of the High Commissioner:
a) to continue to monitor the human rights situation in Sri
Lanka and assess progress toward accountability and reconciliation, on
relevant national processes;
b)to lead a comprehensive investigation into
alleged serious violations and abuses of
human rights and related crimes by both parties in Sri Lanka and establish the facts and
circumstances of such violations and of the crimes committed with a view to
avoiding impunity and ensuring accountability, with input assistance
from relevant experts 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.
