revisiting the special session of the human rights council on “the human rights situation in sri...

8/9/2019 REVISITING THE SPECIAL SESSION OF THE HUMAN RIGHTS COUNCIL ON “THE HUMAN RIGHTS SITUATION IN SRI LAN…

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Issue No. 3 – 23 March 2010

Background

On 5 May 2009, a joint letter, co-signed byover 130 NGOs worldwide, to the President of the UN Human Rights Council (HRC) and the47 member states of the Council requested tohold a Special Session on the human rightssituation in Sri Lanka.

On 8 May 2009, a Joint Statement from fourmandate holders of the Special Procedures of the Human Rights Council (summaryexecutions, right to health, right to food andright to water and sanitation) called on theHRC to address the situation in Sri Lanka andto establish an international commission of inquiry to document and monitor events in SriLanka and to study all aspects of the conflict.

The UN High Commissioner

on Human Rights, Ms.Navanethem Pillay, alsosupported the SpecialSession.

On 19 May 2009, Germanysubmitted a proposal for a

Special Session on Sri Lanka which achievedthe minimum requirement of 16 supportersand was passed. As a result, the 11th SpecialSession of Human Rights Council entitled “Thehuman rights situation in Sri Lanka” was heldon 26 – 27 May 2009 in Geneva.

The Final Voting –Not a Blank Check

Sri Lanka declared after the vote of HRCResolution S-11/1 that it was “not a blankcheck” for Sri Lanka but also not a “lynchmob”:

After two days of deliberations a counterproposal to the original EUproposal submitted by the

Government of Sri Lanka (S-

11/1) was passed by a vote

of 29 to 12, with 6abstentions. The voting was as follows:

In favour : Angola, Azerbaijan,Bahrain, Bangladesh, Bolivia (PlurinationalState of), Brazil, Burkina Faso, Cameroon,China, Cuba, Djibouti, Egypt, Ghana, India,Indonesia, Jordan, Madagascar, Malaysia,Nicaragua, Nigeria, Pakistan, Philippines,Qatar, Russian Federation, Saudi Arabia,Senegal, South Africa, Uruguay, Zambia;

Against : Bosnia and Herzegovina,Canada, Chile, France, Germany, Italy,Mexico, Netherlands, Slovakia, Slovenia,Switzerland, United Kingdom of Great Britainand Northern Ireland;

Abstained : Argentina, Gabon,

Japan, Mauritius, Republic of Korea, Ukraine.

REVISITING THE SPECIAL SESSION OF THE HUMAN RIGHTS COUNCIL ON“THE HUMAN RIGHTS SITUATION IN SRI LANKA”

26 - 27 MAY 2009, GENEVABackground Final voting Bench Marks Progress Made



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Joint communiqué betweenthe President & the UN SG

Benchmark:

“Further welcomes the visit to Sri Lankaof the Secretary-General at the invitationof the President of Sri Lanka, andendorses the joint communiqué issued atthe conclusion of the visit and theunderstandings contained therein; […]”(HRC Resolution S-11/1, op 10)

Progress Made:"Secretary-General Ban Ki-moon expressedconcerns about the lack of progress onpolitical reconciliation, the treatment of internally displaced persons (IDPs) and thesetting up of an accountability process in SriLanka since the United Nations signed a jointstatement with the Government last year inthe wake of the end of its civil war withseparatist Tamil rebels." (8 March 2010)http://www.un.org/apps/news/story.asp?NewsID=34014&Cr=lanka&Cr1=

UN SG Follow-Up: Expert PanelThe Expert panel is considered to be inaccordance with the joint statement issued asa result of the UN SG visit to Sri Lanka andhis meeting with President Rajapakse in May2009. The panel will advise the UN SG onstandards, benchmarks, and parameters,based on international experience, that mustguide any accountability process such as theone mentioned in the joint statement. Thepanel would not in any way infringe on thesovereignty of Sri Lanka. The UN SG made it

also clear that there will be no delay in theestablishment of the panel.http://www.un.org/apps/sg/offthecuff.asp?nid=1391

GoSL Response:“Expert panel unwarranted"Sri Lanka's President has told UN Secretary-

General Ban Ki-moon a proposed UN panel to lookinto possible human rights abuses in the country'scivil war was unwarranted, the President's officesaid in March 2010. "President Rajapaksereiterated that any appointment of such a panel asintended would compel Sri Lanka to take necessaryand appropriate action in that regard.http://www.swissinfo.ch/eng/news/international/Rights_experts_to_advise_U.N.s_Ban_on_Sri_Lanka.html?cid=8426318

Consensus building

Benchmark:“Welcomes the resolve of the Sri Lankanauthorities to begin a broader dialoguewith all parties in order to enhance theprocess of political settlement and tobring about lasting peace anddevelopment in Sri Lanka based onconsensus among and respect for therights of all the ethnic and religiousgroups inhabiting it, and invites all

stakeholders concerned to activelyparticipate in it; […]”(HRC Resolution S-11/1, op 11)

Progress Made:No political discussion has been initiated withall political parties in order to arrive atconsensus building. Instead the recentPresidential elections have deepened thepolitical polarization.

Sri Lanka reiterated its strongest

commitment to the promotion and

protection of human rights, in keeping

with international human rights

standards and Sri Lanka’s internationalobligations. The Secretary-General

underlined the importance of an

accountability process for addressing

violations of international humanitarian

and human rights law. The Government

will take measures to address those

grievances.

Excerpt from the joint communiqué

Missing in HRC Resolution S-11/1

- Complete absence of a follow-uprequirement by the HRC or theHigh Commissioner for Human

Rights;

- No specific reference or commitment to the right tofreedom of expression and the

protection of human rights

defenders and journalists.



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There are a broad range of human rightsconcerns in Sri Lanka, including economic,social cultural rights. Amongst these, mosturgent and pressing concerns at the presentmoment are focused on two principal areas:

One is in terms of the human rightsviolations committed in the context of the conclusion of the government’smilitary offensive against the LTTE: TheLTTE is alleged to be responsible for abuses,such as forcible recruitment, includingchildren, restrictions on freedom of

movement for displaced people, using civilianspaces for military purposes and shooting atcivilians fleeing from LTTE controlled areas.The Government of Sri Lanka facesallegations of summary and arbitraryexecution of surrendees, arbitrary arrest anddetention of suspected LTTE supporters,forced displacement and resettlement of IDPs.

The second is in terms of violations of human rights committed in the contextof continuing restrictions of civil rightsand freedoms, including the freedoms of expression and association: Attacks,intimidation, arbitrary arrest and detention of media personnel, human rights defenders andmembers and supporters of oppositionpolitical parties combined with the severeerosion of democratic institutions andstructures and persistence of anti-democraticlaws, such as the Prevention of Terrorism Actand the Emergency Regulations, create anenvironment in which human rights abusesbecome the norm.

Challenging impunity, guaranteeing the ruleof law, due process and respect for humanrights, as well as creating a politicalframework that can guarantee the equalrights of minority communities remain criticalareas for intervention.

Ensuring the fullest cooperation with allpersons and institutions committed to thedefense of human rights in Sri Lanka at thenational and international level, including theOffice of the High Commissioner for HumanRights, its special procedures and the Office

of the Secretary General of the UN, andcommitting to the protection of the rights of human rights defenders in Sri Lanka areimperative if there is to be any improvementin the human rights situation in the country.

Addressing the below mentioned demands bySri Lankan human rights groups are seen askey benchmarks in moving towards genuinereconciliation in Sri Lanka

i. Ending impunity

ii. Re-establishing the Rule of Law

iii. Affirming the rights of Tamil andMuslim communities

iv. Ensuring freedom of expression

v. Ensuring freedom of association

vi. International cooperation towardsprotection of human rights

Sri Lanka: Urgent Human Rights Priorities

Re-Establishing the Rule of Law

Repeal the Prevention of Terrorism Act and the Emergency Regulations;

Full and comprehensive implementation of the 17 th Amendment to the Constitution,

including the immediate appointment of the Constitutional Council;

Follow a due process with regard to the detention of defeated Presidential candidate

Sarath Fonseka, including a civil trial; Establish transparent and common standards to deal with individuals who had been

involved with / supported the LTTE, without resorting to special privileges to selected

individuals based on political reasons

This issue has been compiled and edited by S. Deshapriya and M. Told,Contact: [email protected]

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