International participation in Sri Lanka's accountability process necessary reiterates UN Human Rights Chief

 27 June 2016

An advanced version of the High Commissioner for Human Right’s oral update released on Monday, called on Sri Lanka's government to take concrete “steps to address impatience, anxiety and reservations towards the process,” noting that “international participation in the accountability mechanisms would be a necessary guarantee for the independence and impartiality of the process.”

The High Commissioner Zeid Al Hussein went on to stress in his conclusion that “continuing allegations of arbitrary arrest, torture and sexual violence, as well as more general military surveillance and harassment, must be swiftly addressed, and the structures and institutional culture that promoted those practices be dismantled, to show there will be no tolerance for practices of the past.”

Noting Sri Lanka's constitutional reform process, Mr Hussein stressed that he hopes, "the political process of adopting constitutional changes will not involve trade-offs and compromises on core issues of accountability, transitional justice and human rights."

  The high commissioner highlighted further concerns regarding a rise of "aggressive campaigns in social media and other forms that stoke nationalism against ethnic, religious and other minorities."

The oral update stressed that ongoing “encouragement and support of the Human Rights Council has been crucial in giving assurance and confidence to all stakeholders, particularly the victim community.” 

Noting new evidence of the usage of cluster munition towards the end of the conflict, the high commissioner called for “an independent and impartial investigation to be carried out.”

Expressing concern  that “Sri Lanka’s judicial institutions currently lack the credibility needed to gain the trust” of the victim community, the Human Rights Chief stressed that he “remained convinced that international participation in the accountability mechanisms would be a necessary guarantee for the independence and impartiality of the process in the eyes of victims.”

The high commissioner further stressed the “magnitude” and complexities of the “international crimes” to be investigated, stating,

“It is also important to keep in mind the OHCHR investigation found could amount to war crimes, crimes against humanity.”

Highlighting a “deeper challenge” of ongoing concerns of militarisation he said that “the military presence in the north and east remains heavy and a culture of surveillance and, in certain instances intimidation and harassment persists.”

Noting Sri Lanka’s continued reliance on the Prevention for Terrorism Act (PTA) and increased protests amongst the Tamil North-East the High Commissioner said,

“The fate of remaining security detainees held under the PTA remains a major concern for the Tamil community.”

The high commissioner expressed further concern that ongoing arrests in an “arbitrary manner and without following proper legal procedure,” continued to “strike fear in the community and undermine confidence in the government’s efforts.”

Referring to the findings of the Special Rapporteur on Torture's visit to Sri Lanka, the High Commissioner, noted "recurring allegations of torture and ill-treatment of security detainees," adding that there were "reported cases of torture and sexual abuse of Tamils returning to Sri Lanka."

Highlighting the slow pace of returning lands occupied by the military to civilians in the North and East, the high commissioner added that “the government has also not moved fast enough with other tangible measures that would help build confidence among victims and minority communities.”

The high commissioner found ongoing “reports of military engagement in commercial activities, including farming and tourism,” further adding that “new levels of frustration and disenchantment,” were arising amongst the victim community.” 

Stressing the importance of consulting victims abroad, the update added, "the High Commissioner emphasizes the need to include the voices abroad and encourages further outreach in the diaspora."

The high commissioner's update drew upon existing calls for Sri Lanka to criminalise enforced disappearances as per the government's duty under the Disappearances Convention (CED), which it ratified earlier this year.

Mr Hussein further stressed the need to subject Sri Lanka's armed forces to a vetting process before they participated calling for "stringent screening procedures, at both national and international level, for all personnel Sri Lanka needs to deploy."

See also:

'Unwarranted praise' will cause SL to further withdraw from commitments - TCSF (27 Jun 2016)