Category: News

The Core Group at the United Nations Human Rights Council has produced a 19-point resolution on Sri Lanka.

This is a draft resolution and it has received the support of thirty other countries Albania,* Australia,* Austria,* Belgium,* Bosnia and Herzegovina,* Bulgaria,* Canada,* Croatia,* Cyprus,* Czechia,* Denmark,* Estonia,* Finland, Germany, Greece,* Iceland,* Ireland,* Italy,* Latvia,* Liechtenstein,* Lithuania, Luxembourg, Malawi, Malta,* Montenegro,* Netherlands, New Zealand,* North Macedonia,* Norway,* Portugal,* Romania,* Slovakia,* Slovenia,* Sweden,* Switzerland,* United Kingdom of Great Britain and Northern Ireland and United States of America.

The draft resolution noting with appreciation the work of the Office of the United Nations High Commissioner for Human Rights towards the promotion and protection of human rights and truth, justice, reconciliation and accountability in Sri Lanka, has made the following 19-points.

1.Welcomes the oral update presented by the United Nations High Commissioner for Human Rights to the Human Rights Council at its forty-ninth session and the report of Office of the United Nations High Commissioner for Human Rights presented to the Council at its current session;

2.Also welcomes the engagement of the Government of Sri Lanka with the Office of the High Commissioner and the special procedures of the Human Rights Council, encourages the continuation of such engagement and dialogue, and calls upon Sri Lanka to implement the recommendations made by the Office and to give due consideration to the recommendations made by the special procedures;

3.Expresses concern at the human rights impact of the economic crisis, including as a result of increased food insecurity, severe shortages in fuel, shortages in essential medicines and reductions in household incomes, while stressing the need to promote and protect the rights of the most marginalized and disadvantaged individuals, including daily wage earners, women, children, older persons and persons with disabilities;

4.Also expresses concern at other human rights developments since April 2022, including violence against and the arrests of peaceful protestors, as well as violence against government supporters, resulting in deaths, injuries, destruction and damage to the houses of members of Parliament, and stresses the importance of independent investigations into all attacks and that those found responsible be held to account;

5.Stresses the importance of protecting civilian government functions from militarization and of addressing the independence of the judiciary and key institutions responsible for the promotion and protection of human rights and fundamental freedoms; the grievances and demands of Tamil and Muslim populations; prolonged internal displacement; land disputes; the surveillance, intimidation and harassment of journalists, civil society activists, human rights defenders, families of disappeared persons, and persons involved in memorialization initiatives; and of combating sexual and gender-based violence;

6.Also stresses the importance of a comprehensive accountability process for all violations and abuses of human rights committed in Sri Lanka by all parties, including those abuses by the Liberation Tigers of Tamil Eelam;

7.Notes the persistent lack of independent, impartial, and transparent domestic mechanisms, and stresses the importance of ensuring investigations into, and accountability for, grave violations of human rights;

8.Recognizes 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, and decides to extend and reinforce the capacity of the Office of the High Commissioner 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, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction;

9.Notes the initial outreach of the Government of Sri Lanka to overseas persons of Sri Lankan origin encompassing all communities and generations, and encourages the Government to engage further in a broad-based consultative process with stakeholders from all affected communities and to provide remedies to achieve meaningful reconciliation, devolution of political authority, an improved situation of human rights, and lasting peace;

10.Urges the Government of Sri Lanka to foster freedom of religion or belief and pluralism by promoting the ability of all religious communities to manifest their religion, and to contribute openly and on an equal footing to society;

11.Also urges the Government of Sri Lanka to take measures to address the marginalization of and discrimination against persons from the Muslim community, and to ensure that Muslims and members of other religions are able to continue to practice their own religious rites, including burial rites;

12.Calls upon the Government of Sri Lanka to ensure the prompt, thorough and impartial investigation and, if warranted, prosecution of all alleged crimes relating to human rights violations and serious violations of international humanitarian law, including for long-standing emblematic cases, with the full participation of victims and their representatives;

13.Also calls upon the Government of Sri Lanka to address the ongoing economic crisis, including by investigating and, where warranted, prosecuting corruption, including where committed by public and former public officials, and stands ready to assist and support independent, impartial and transparent efforts in this regard;

14.Stresses the importance of the effective and independent functioning of the Office on Missing Persons and the Office for Reparations, while noting that the tangible results expected by victims and other stakeholders are yet to be achieved, including resolving the many cases of enforced disappearance so that the families of disappeared persons can know their fate and whereabouts, and also the importance of the effective and independent functioning of the Human Rights Commission of Sri Lanka;

15.Calls upon the Government of Sri Lanka to protect civil society actors, including human rights defenders, to investigate any attacks and to ensure a safe and enabling environment in which civil society can operate free from hindrance, surveillance, insecurity and threat of reprisals;

16.Notes the introduction in March 2022 of amendments to the Prevention of Terrorism Act, that detentions under that law continue, and the expressed intention of the Government of Sri Lanka in this regard to introduce new legislation on combating terrorism, and encourages the Government to engage in consultations with civil society, the Office of the High Commissioner and relevant special procedure mandate holders in the preparation of new legislation, in order to ensure that any legislation on combating terrorism complies fully with the State’s obligations arising from international human rights law and international humanitarian law;

17.Notes with appreciation the continued engagement of the Government of Sri Lanka with the special procedures of the Human Rights Council, and encourages the Government to continue that cooperation, including by responding formally to outstanding requests from them;

18.Encourages the Office of the High Commissioner and relevant special procedure mandate holders to provide, in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical assistance on implementing the above-mentioned steps;

19.Requests the Office of the High Commissioner to enhance its monitoring and reporting on the situation of human rights in Sri Lanka, including on progress in reconciliation and accountability, and on the impact of the economic crisis and corruption on human rights, and to present an oral update to the Human Rights Council at its fifty-third and fifty-fifth sessions, and a written update at its fifty-fourth session and a comprehensive report that includes further options for advancing accountability at its fifty-seventh session, both to be discussed in the context of an interactive dialogue.

Human Rights Watch said that If India wants to support Sri Lankans, it must back extension of UN panel probing rights violations.

Meenakshi Ganguly, the South Asia Director for Human Rights Watch said that the recent protests, although sparked by the economic crisis, reflected a more united call for good governance and accountability.

She noted that many Sri Lankans seek constitutional reform and steps to address corruption. But this will need international support and action.

A resolution currently before the United Nations Human Rights Council extends the mandate of a UN project to gather and analyse evidence of war crimes and other crimes under international law that have been committed in Sri Lanka and to prepare the evidence for use in possible future prosecutions.

It also mandates the United Nations to continue monitoring and reporting on the country’s economic and social rights crisis.

The Human Rights Watch said that in order to support Sri Lankans who are calling for change and accountability, it is essential for India and other members of the Council to support the resolution.

Amnesty International says that human rights compliant recovery measures are critical to stop spiraling hunger and poverty in Sri Lanka.

Amnesty International said in a new report on Tuesday (4) that the Sri Lankan authorities and the international community must fully incorporate human rights into their responses to the country’s economic crisis, as people in the country face serious concerns around access to healthcare while being driven to the brink of starvation, widespread malnutrition, and deep poverty.

The report, “We are near total breakdown”: Protecting the rights to health, food and social security in Sri Lanka’s economic crisis, explores the catastrophic impact of the crisis on the economic and social rights for the people of Sri Lanka.

It added that the Sri Lankan authorities and donor States must ensure that they meet their obligations under international human rights law by safeguarding the rights to health and adequate food in all aid agreements.

The government of Sri Lanka and international financial institutions must also conduct human rights impact assessments before implementing economic reforms; it remains unclear as to whether these have been or will be conducted.

The main Opposition Samagi Jana Balavegaya yesterday, in Parliament, said that the life of Inter University Students’ Federation Convenor, Wasantha Mudalige, in custody, was in danger.

Chief Opposition Whip and Kandy District MP Lakshman Kiriella said that Mudalige had been taken out of the prison by the law enforcement authorities stating that he could lead them to show the locations he had mentioned during interrogations. “We have information that Mudalige has been taken out of the detention centre several times at night.

We know what happened to the inmates taken out by the police. Most of them were shot dead and some lame excuses were trotted out. We fear that Mudalige, too, will suffer the same fate.”

State Minister of Defence Pramitha Bandara Tennakoon responded saying that investigations conducted under the Prevention of Terrorism Act (PTA) could not stop.

Tennakoon said that suspects had been detained on a court order and they were taken to some places as part of the investigations.

Chief Opposition Whip Kiriella said Mudalige, the Inter University Bhikkhu Front Convener Galwana Siridhamma Thera, and student activist Hashan Gunatilake, had been in detention for over 45 days.

Former President Gotabaya Rajapaksa who returned back to the country recently after countries failed to give him asylum, has now begun a secret PR campaign to clear his failed image within the masses, to persuade the villages that he was misguided in making crucial decisions by those close to him, the Daily Mirror learns.

Senior sources told Daily Mirror that a team put together by a media personality and business tycoon are now visiting the villages which Rajapaksa had visited under the ‘Gama Samaga Pilisandara’ programme when he was President, and these members were speaking to the people to clear the former president’s image. The residents of those villages were also being informed that Rajapaksa had been misled and those to blame were those close to him including his family members.

Opinion polls are also being conducted in these villages to gather the people’s feedback on Gotabaya Rajapaksa, to test the waters if there is any public trust remaining on the former president.

Social media accounts run by this team, which is similar to the Viyathmaga team are also monitoring the public sentiments to see if the failed President can have a possible re entry in politics in the future if required. However his re entry into politics at this moment of time has not been confirmed.

Rajapaksa has on the other hand also applied for permanent residency in the US but the process is expected to take a long period of time. However, even if granted this status, Rajapaksa is expected to continue staying in the country and may visit the US only to see his son and family.

Meanwhile sources said that Rajapaksa is regularly in touch with the Dullas camp but he has been rejected by a majority of senior SLPPers who have blamed him for the downfall of the party.

In fact party leaders say his accusations of being misguided was false and the former President was on several occasions informed not to impose the organic fertilizer policy. Former Prime Minister Mahinda Rajapaksa, on several occasions had informed his brother that the organic fertilizer ban would politically destroy the party as well as cause severe impacts on the agriculture industry but the former President had maintained his decision and only months later apologized for it once the damage was deep.

Senior party leaders from the SLPP have confided to Mahinda Rajapaksa that Gotabaya Rajapaksa’s name should be dropped from the party altogether and the party should distance itself from him. Mahinda Rajapaksa had in return informed the party to work closely with the present President and assist him in ending the queues as the time was not right to think of re-building the party when the people were facing severe hardships.

Mahinda Rajapaksa had also informed the party that Gotabaya Rajapaksa had fled the country without consulting any of the party members and he should not have fled in such a manner.