Unimplemented Undertakings, Resolutions & Promises Of Sri Lanka

By Kumarathasan Rasingam – MARCH 31, 2022

Kumarathasan Rasingam

Sri Lanka’s defiance and delaying tactics in implementing its own undertakings and several UNHRC Resolutions by demanding extensions and lame excuses to implement these in good faith and in time.

The UN High Commissioner for Human Rights Michele Bachelet mentioned some of the incidents under the section on “Impunity in emblematic cases” in her annual report to the UN Human Rights Council in March 2021. The relevant excerpt is as follows:

“In previous reports to the Human Rights Council, OHCHR has tracked the investigation and prosecution of emblematic cases as a key measure of Sri Lanka’s commitment to ending impunity.

These include:

The killing of five Tamil students in Trincomalee;

Killing of 17 humanitarian workers in Muttur in 2006;

The assassination of journalist Lasantha Wickrematunge in 2009;

The disappearance of Prageeth Ekneligoda in 2010

The killing of protestors by army personnel during a demonstration at Weliweriya in August 2013;

The anti-Muslim riots in Aluthgama in 2014 and Digana, in 2018, as well as others.

Despite investigations over the years by domestic Commissions of Inquiry and the police, and the arrest of some suspects and trials at bar, not a single emblematic case has been brought to a successful conclusion or conviction.”

UNHRC Resolution 19/2 Of March 22, 2012

On March 22, 2012 – the United Nations Human Rights Council (UNHRC) meeting in Geneva passed a US-sponsored resolution on human rights violations in Sri Lanka.

The resolution urges the Colombo government to implement the recommendations of its own Lessons Learnt and Reconciliation Commission (LLRC), to take steps “to ensure justice, equity, accountability and reconciliation.” It calls for an “action plan” and for the UN Human Rights Commissioner to work “in consultation with, and with the concurrence” of the Sri Lankan government in implementing the LLRC proposals.

In other words, the UN resolution calls for an “action plan” from the very government that is responsible for the military’s killing of tens of thousands of civilians in the communal war with the separatist Liberation Tigers of Tamil Eelam (LTTE), as well as other gross abuses of democratic rights. President Mahinda Rajapakse set up the LLRC to fend off international criticism and whitewash the government and the military.

UNHRC Resolution 22/1 Of March 21, 2013

Commission of Inquiry on Lesson Learnt and Reconciliation on November 2011

The following recommendations were put forward for implementation.

In this regards the commission has made 3 recommendations:

1) To investigate the specific instances referred to in observations.  And any reported cases of deliberate attacks on civilians. If investigations disclose the commission of any offenses, appropriate legal action should be taken to prosecute/punish the offenders.

2) Conduct a professionally designed household survey covering all affected families in all parts of the island to ascertain first-hand the scale and the circumstances of death and injury to civilians, as well as damage to property during the period of the conflict.

3) The Government of Sri Lanka should institute an independent investigation into the execution videos of the film Sri Lanka killing fields with a view to establishing the truth or otherwise of these allegations and take action in accordance with the laws of the land.

UNHRC Resolution 25/1 Of March 2014

The UNHRC recognized the importance of preserving and analysing evidence relating to violations and abuses of human rights and related crimes in Sri Lanka with a view to advancing accountability. In the circumstances the UNHRC has decided to strengthen the capacity of the UN High Commissioner for Human Rights to collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka. The UNHRC also authorized the High Commissioner to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction.

UNHRC Resolution 30/1 Of October 01, 2015

The United Nations Human Rights Council (UNHRC) adopted the resolution entitled ‘Promoting reconciliation, accountability and human rights in Sri Lanka’ on 1 October 2015, Resolution 30/1. (After a resolution promoted by the European Union (EU) was defeated in 2009 and a resolution tabled by Sri Lanka was adopted by an overwhelming majority. An attempt to table a resolution critical of Sri Lanka in 2010 was aborted). Resolution 30/1 has been described by some critics as a constitution amendment project for Sri Lanka. Interestingly, it was co-sponsored by Sri Lanka. In 2017, Sri Lanka obtained a two year grace period to implement the resolution, further confirming the country’s acquiescence with Resolution 30/1.

UNHRC Resolution 34/1 Of March 23, 2017 

Guided by the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant instruments, Reaffirming Human Rights Council resolution 30/1 of 1 October 2015 on promoting reconciliation, accountability and human rights in Sri Lanka, Recalling Human Rights Council resolutions 19/2 of 22 March 2012, 22/1 of 21 March 2013 and 25/1 of 27 March 2014, 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 its commitment to the sovereignty, independence, unity and territorial integrity of Sri Lanka, Welcoming the visits made to Sri Lanka by the United Nations High Commissioner for Human Rights, from 6 to 9 February 2016, and by the Secretary-General, from 31 August to 2 September 2016, Welcoming also the visit made by the Working Group on Enforced or Involuntary Disappearances from 9 to 18 November 2015, the advisory visits made by the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, the joint visit by the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment from 29 April to 7 May 2016, and the visit by the Special Rapporteur on minority issues from 10 to 20 October 2016, Welcoming further the steps taken by the Government of Sri Lanka to implement Human Rights Council resolution 30/1, and recognizing in this context the need for further significant progress,

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