S. V. Kirubaharan, France
The 54th session of the UN Human Rights Council UNHRC began on the 11th of September in Geneva and was held until the 13th of October. In this 54th session of the UNHRC, the High Commissioner for Human Rights – HCHR published a report on Sri Lanka. It is to be noted that the HCHR’s reports will be published in future sessions as well.
Whatever the situation, another resolution on Sri Lanka is possible, only in the 57th session, September 2024. This not a good message for the victims who have been waiting for justice for a very long time.
The published report is titled “Situation of Human Rights in Sri Lanka….”, dated 6th September 2023 – A/HRC/54/20. It consists of 13 pages and 68 paragraphs.
Part I is the ‘Introduction’ and consists of three paragraphs. Part II is titled ‘Context’, paragraphs 04 to 07. Part III is ‘Human rights impact of economic crises’: paragraphs 08 to 15. Part IV covers ‘Human rights trends and developments’: paragraphs 16 to 40, followed by Part V ‘Reconciliation and accountability’: paragraphs 41 to 59. Part VI is ‘Conclusions’: paragraphs 60 to 63. The last part VII is ‘Recommendations’ from paragraphs 64 to 68.
Even though all thirteen pages are considered important, here below I highlight some crucial points:
Paragraph five says that the delay in holding the local government elections on 9 March 2023 due to financial constraints, has brought the Election Commission and the government closer to an institutional crisis. Provincial councils – a key element of devolution under the 13th Constitutional Amendment – have been suspended since 2017. Women’s political representation is low: there is only one woman in the 22-member cabinet.
Para nine insists that the poverty rate has increased in Sri Lanka as a result of the economic crisis. The World Bank estimates that the poverty rate doubled from 13 to 25 percent between 2021 and 2022.
Terrorism Bill
In para twenty-five, the government announced that it had received the President’s approval to release 11 long-term prisoners. On July 18, two LTTE members serving a life sentence, and a 200-years sentence were released on a presidential pardon.
Para twenty-six says that bail has also been granted in some cases related to the 2019 Easter Sunday attacks.
In para twenty-eight, on 13 January 2023, the Ministry of Defence stated that the Sri Lanka Army would be reduced from its current strength of 200,800 to 135,000 by 2024 and 100,000 by 2030.
Para thirty says that in previous reports, the Commissioner for Human Rights has expressed concern about the trend towards harsh nationalistic rhetoric that undermines harmony between ethnic and religious communities.
The president pledged to halt land acquisition for archaeological, forestry, or conservation purposes, which have been a growing source of local conflicts and tensions.
Para thirty-one says that complaints have continued to be made regarding land disputes between the state and citizens belonging to local communities. 26 such disputes were recorded between October 2022 and June 2023, mostly in the Northern and Eastern provinces.
Monitoring of victims
Para thirty-three recalls that the OHCHR continues to receive reports of surveillance, intimidation, and harassment of human rights defenders, activists, and persons engaged in remembrance efforts by unidentified persons associated with the intelligence services, the military, and the police or former paramilitaries.
Para thirty-five talks about family members of the disappeared in the Eastern and Northern provinces continuing to receive police visits with summons or restraining orders ahead of significant dates, preventing them from organizing or participating in protests, rallies, or commemorations.
Para thirty-eight recalls that on 28 May 2023, stand-up comedian Nathasha Edirisooriya was arrested for her comments on Buddhism. On 31 May 2023, a YouTube creator was arrested for airing a show by Edirisooriya.
On 28 May 2023, Buddhist Bhikkhu Rajangane Sattharadhana Thero was arrested following a complaint by another monk regarding his alleged offending of Buddhism.
Para thirty-nine, said that on May 12, a 41-year-old woman was beaten to death in Welikada while in police custody, following her arrest on a complaint of theft by her employer. On July 20, a 29-year-old murder suspect was killed in a shootout with the STF in Minuwangoda.
In para forty-one, the President has pledged to advance reconciliation, including plans to establish a fact-finding mechanism.
Para forty-four, in previous reports, the OHCHR has repeatedly mentioned the lack of progress in addressing the issue of missing persons. 14 years after the end of the war, many families are still demanding answers regarding the fate of their relatives.
Any strategy for transitional justice, reconciliation, and the establishment of the Office on Missing Persons – OMP and Office for Reparations must take into account the many unresolved issues. The OMP has held preliminary inquiries in 4,088 out of a total of 14,988 complaints.
Emblematic cases
Para forty-seven, On 31 March 2023, the case relating to the 2019 Easter Sunday attacks in several locations across Sri Lanka, moved forward as the Colombo High Court trial commenced examining 23,270 charges of aiding, abetting, and conspiracy to commit terrorism.
Para forty-eight, on March 14, 2023, the UN Human Rights Committee, in a case against Sri Lanka, found that Sri Lanka had breached its international obligations and is under an obligation to provide adequate compensation to the complainant.
In para forty-nine, the OHCHR has established a special project team called the Sri Lanka Accountability Project – SAP. In October 2022, the Human Rights Council decided to extend and strengthen its mandate through resolution 51/1.
The Sri Lankan government has consistently rejected resolution 46/1 and resolution 51/1. Sri Lanka has also rejected the project team’s opportunity to provide explanations and exchange information with the authorities.
Para fifty-eight said the OHCHR continues to develop future accountability strategies that will be further elaborated in the comprehensive report of the 57th Session of the Human Rights Council.
In conclusion, para sixty-one said that lack of accountability at all levels is a fundamental human rights problem. This can refer to war crimes atrocities, post-war emblematic cases, torture and deaths in police custody, corruption, and abuse of power. Sri Lanka suffers from an extraordinary lack of accountability. Also urges the Government and Sri Lankan political parties to strive for and deliver on long-term democratic renewal, deep institutional reforms, and concrete progress on accountability, reconciliation, and human rights.
Para sixty-two insists on political solutions to the separation of powers presented in the 13th Amendment. However, accountability is an essential element of any genuine reconciliation agenda. International standards must be met, including a truth commission which must meet the expectations of victims and their relatives to provide a lasting political solution.
Recommendations
There are serious recommendations to Sri Lanka as well as to the member states of the HRC, to all UN Agencies funds and programs operating in Sri Lanka and to International financial institutions. The recommendations by the HCHR are summarised briefly here:
Para sixty-five: The Human Rights Commissioner recommends that the Government of Sri Lanka:
End all forms of harassment and illegal and arbitrary surveillance; support initiatives to acknowledge and memorialize the experience of victims; undertake comprehensive defence sector reform, including considerably reducing military spending; vetting and reducing military presence in areas affected by armed conflict; review procedures in the departments of archaeology, forestry, irrigation and other services dealing with ongoing land disputes; settle land disputes impartially and transparently, especially those of an inter-communal nature; ensure full compliance with Sri Lanka’s international legal obligations when regulating the broadcasting media.
Para sixty-six, recommends member states of the HRC:
Cooperate in investigating and prosecuting alleged perpetrators of international crimes committed by all parties in Sri Lanka, through judicial proceedings in national jurisdictions, and through relevant international networks in cooperation with victims and their representatives; explore further sanctions, such as asset freezes and travel bans, against those who are credibly accused of committing international human rights violations or grave humanitarian law violations; support Sri Lanka in investigating economic crimes affecting human rights, identifying, recovering and returning stolen assets and ensuring that recovered assets are allocated in an accountable, transparent and participatory manner.
Para sixty-seven recommends UN agencies, funds, and programs operating in Sri Lanka and international financial institutions:
Ensure broad cooperation and engagement with the OHCHR for Accountability in Sri Lanka, including providing the OHCHR with access to materials in the UN system regarding violations and related crimes committed in Sri Lanka.
On the 11th of September, following the release of this report in the UNHRC, twenty-four (24) UN member states and 10 NGOs made interventions on Sri Lanka. Out of the twenty-four UN member states, only nine countries spoke in semi-favour of Sri Lanka.
In such a situation, it is surprising that Sri Lanka’s Ambassador to UN Geneva claims that forty-three (43) countries supported Sri Lanka in the 54th session.. If we take it for granted that forty-three countries are in favour of Sri Lanka, will the ambassador accept that, out of one hundred and ninety-three (193) UN member countries, one hundred and fifty member countries were not in favour of Sri Lanka? (End)
S. V. Kirubaharan
France
25/10/2023
