CHATURANGA PRADEEP SAMARAWICKRAMA 
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Pillay hints at int’l probe
Asserting that no new or comprehensive effort has been made to independently or credibly investigate the human rights allegations in Sri Lanka, UN’s rights Chief Navaneethan Pillay said that Sri Lanka should use the time between now and March 2014 to engage in a credible national process with tangible results, in the absence of which she believes the international community will have a duty to establish its own inquiry mechanisms.Pillay in her statement to the 24th session of the Human Rights Council in Geneva on Wednesday, which was read out by her deputy Ms. Flavia Pansieri, stated that ‘she encourages the Government to use the time between now and March 2014 to engage in a credible national process with tangible results, including the successful prosecution of individual perpetrators, in the absence of which she believes the international community will have a duty to establish its own inquiry mechanisms.’
Ms. Pillay also said, “The High Commissioner observed great disquiet among many commentators and stakeholders about the degree to which the rule of law and democratic institutions in Sri Lanka are being undermined and eroded. The 18th amendment to the Constitution has been a watershed in this respect, as it abolished the Constitutional Council which once recommended appointments to the independent bodies, such as the Elections Commission, Police Commission and Human Rights Commission, and has weakened these important checks and balances on the power of the Executive. The controversial impeachment of the Chief Justice earlier this year, and apparent politicization of senior judicial appointments, have shaken confidence in the independence of the judiciary, and separation of powers in general.
“The High Commissioner is convinced that the continued attention of the Human Rights Council to the human rights situation in Sri Lanka remains critically important and will be making recommendations in March on appropriate ways it could continue that engagement. She hopes the Government will take this opportunity to issue further invitations to Special Procedures mandate holders, particularly the Working Group on Enforced and Involuntary Disappearances and the Independent Expert on Minorities. Finally, the Office, as offered by the High Commissioner a number of times, stands ready to provide any technical assistance the Government may require to implement the recommendations of the LLRC and its other obligations.”
24th session of the Human Rights Council
Address by Ms. Flavia Pansieri
United Nations Deputy High Commissioner for Human Rights
Geneva, 25 September 2013
Mr. President,
Distinguished members of the Human Rights Council,
Excellences,
Ladies and gentlemen,
I am pleased to introduce to the present session of the Council the country reports of the Secretary-General and of the High Commissioner for Human Rights which have been prepared under items 2 and 10 of the agenda.
But before proceeding, and in order to respond to the Human Rights Council resolution 22/1 entitled “Promoting reconciliation and accountability in Sri Lanka”, I should like to provide, on behalf of the High Commissioner, an oral update on the subject. A more detailed version of this update has been circulated as a conference room paper. The High Commissioner would very much have liked to provide this update in person and regrets being unable to do so.
At the outset, the High Commissioner would like to thank the Government of Sri Lanka for its invitation and its excellent cooperation during the planning and conduct of her visit from 25-31 August 2013. During the mission, she called on H.E. President Mahinda Rajapaksa, and held discussions with senior members of the Government and other stakeholders.
The High Commissioner observed at first hand the impressive achievements made by the Government, with the help of the international community, in resettlement, reconstruction and rehabilitation in the relatively short period since the armed conflict with the LTTE ended in 2009.
The majority of people who were internally displaced at the end of the armed conflict have now returned or been resettled, although thousands of persons displaced before 2008-2009 are still awaiting return, and many of the returnees she met are facing difficulties resuming their livelihoods. We are pleased that the Government has invited the Special Rapporteur on the human rights of internally displaced persons to further assess these issues.
The High Commissioner welcomes the elections to the Northern Provincial Council which were successfully held on 21st September, which she hopes will usher in an important new stage in the devolution of power.
Four years since the end of the war, the military presence in the north remains considerable. The communities that the High Commissioner met reported that there is a high level of surveillance of returnees, rehabilitees and detainees who have been released. The High Commissioner was particularly concerned to hear about the vulnerability of women and girls, especially in women -headed households, to sexual harassment and abuse, including at the hands of military personnel, and called on the Government to formulate and rigorously enforce a zero tolerance policy for sexual abuse.
The High Commissioner also received documentation on the compulsory acquisition of private land in Trincomalee, Mullaitivu, Jaffna and Kilinochchi. The role of the military is prominent in other areas of civilian administration and as well as in economic activities. The High Commissioner therefore encourages the Government to initiate a clear timeline for demobilisation, disarmament and disengagement from activities that are meant to be civilian.
During her visit, the High Commissioner had detailed discussions on the implementation of the LLRC report. She welcomes the Government’s move to accept an additional 53 recommendations of the LLRC to be implemented via the National Plan of Action. The Government would benefit from holding public consultations on the LLRC plan of action, involving national and international NGOs both in its implementation and independent monitoring on the ground.
One welcome step announced on the eve of the visit is the separation of the police from the Ministry of Defence under a new Ministry of Law and Order. The new Ministry however, like the Ministry of Defence, will be operationally headed by a former general reporting directly to the President.
A second welcome step announced at the time of the visit is the appointment by the President of a new Commission of Inquiry into disappearances. The new Commission will only cover disappearances in the Northern and Eastern Provinces between 1990 and 2009. This means that the many “white van” disappearances reported in Colombo and other parts of the country in recent years will not fall within its scope. The High Commissioner urged the Government to broaden the Commission’s mandate.
In relation to detainees, the High Commissioner has always stressed the importance of the LTTE being held accountable for its crimes, and urged the Government to expedite such cases, either by bringing charges, releasing those detained, or sending them for rehabilitation.
Regrettably, the High Commissioner detected no new or comprehensive effort to independently or credibly investigate the allegations which have been of concern to the Human Rights Council. She encourages the Government to use the time between now and March 2014 to engage in a credible national process with tangible results, including the successful prosecution of individual perpetrators, in the absence of which she believes the international community will have a duty to establish its own inquiry mechanisms.
The High Commissioner also followed up on a number of other human rights concerns expressed by the Human Rights Council. She was particularly alarmed at the recent surge in incitement of hatred and violence against religious minorities, including attacks on churches and mosques, and the lack of swift action against the perpetrators. The Minister of National Languages and Social Integration has proposed new legislation on hate speech, and OHCHR stands ready to assist in this area. A visit by the Independent Expert on Minorities would also be helpful, and we hope that this can happen as soon as possible.
In relation to freedom of expression, the High Commissioner heard complaints about the continuing high levels of harassment and intimidation meted out to human rights defenders, lawyers and journalists. This concern was unfortunately borne out during her visit by reports that people in villages and settlements she visited in the Mullaitivu area were visited by police or military officers before and after her arrival.
Finally, the High Commissioner observed great disquiet among many commentators and stakeholders about the degree to which the rule of law and democratic institutions in Sri Lanka are being undermined and eroded. The 18th amendment to the Constitution has been a watershed in this respect, as it abolished the Constitutional Council which once recommended appointments to the independent bodies, such as the Elections Commission, Police Commission and Human Rights Commission, and has weakened these important checks and balances on the power of the Executive. The controversial impeachment of the Chief Justice earlier this year, and apparent politicization of senior judicial appointments, have shaken confidence in the independence of the judiciary, and separation of powers in general.
The High Commissioner is convinced that the continued attention of the Human Rights Council to the human rights situation in Sri Lanka remains critically important and will be making recommendations in March on appropriate ways it could continue that engagement. She hopes the Government will take this opportunity to issue further invitations to Special Procedures mandate holders, particularly the Working Group on Enforced and Involuntary Disappearances and the Independent Expert on Minorities. Finally, the Office, as offered by the High Commissioner a number of times, stands ready to provide any technical assistance the Government may require to implement the recommendations of the LLRC and its other obligations.
Address by Ms. Flavia Pansieri
United Nations Deputy High Commissioner for Human Rights
Geneva, 25 September 2013
Mr. President,
Distinguished members of the Human Rights Council,
Excellences,
Ladies and gentlemen,
I am pleased to introduce to the present session of the Council the country reports of the Secretary-General and of the High Commissioner for Human Rights which have been prepared under items 2 and 10 of the agenda.
But before proceeding, and in order to respond to the Human Rights Council resolution 22/1 entitled “Promoting reconciliation and accountability in Sri Lanka”, I should like to provide, on behalf of the High Commissioner, an oral update on the subject. A more detailed version of this update has been circulated as a conference room paper. The High Commissioner would very much have liked to provide this update in person and regrets being unable to do so.
At the outset, the High Commissioner would like to thank the Government of Sri Lanka for its invitation and its excellent cooperation during the planning and conduct of her visit from 25-31 August 2013. During the mission, she called on H.E. President Mahinda Rajapaksa, and held discussions with senior members of the Government and other stakeholders.
The High Commissioner observed at first hand the impressive achievements made by the Government, with the help of the international community, in resettlement, reconstruction and rehabilitation in the relatively short period since the armed conflict with the LTTE ended in 2009.
The majority of people who were internally displaced at the end of the armed conflict have now returned or been resettled, although thousands of persons displaced before 2008-2009 are still awaiting return, and many of the returnees she met are facing difficulties resuming their livelihoods. We are pleased that the Government has invited the Special Rapporteur on the human rights of internally displaced persons to further assess these issues.
The High Commissioner welcomes the elections to the Northern Provincial Council which were successfully held on 21st September, which she hopes will usher in an important new stage in the devolution of power.
Four years since the end of the war, the military presence in the north remains considerable. The communities that the High Commissioner met reported that there is a high level of surveillance of returnees, rehabilitees and detainees who have been released. The High Commissioner was particularly concerned to hear about the vulnerability of women and girls, especially in women -headed households, to sexual harassment and abuse, including at the hands of military personnel, and called on the Government to formulate and rigorously enforce a zero tolerance policy for sexual abuse.
The High Commissioner also received documentation on the compulsory acquisition of private land in Trincomalee, Mullaitivu, Jaffna and Kilinochchi. The role of the military is prominent in other areas of civilian administration and as well as in economic activities. The High Commissioner therefore encourages the Government to initiate a clear timeline for demobilisation, disarmament and disengagement from activities that are meant to be civilian.
During her visit, the High Commissioner had detailed discussions on the implementation of the LLRC report. She welcomes the Government’s move to accept an additional 53 recommendations of the LLRC to be implemented via the National Plan of Action. The Government would benefit from holding public consultations on the LLRC plan of action, involving national and international NGOs both in its implementation and independent monitoring on the ground.
One welcome step announced on the eve of the visit is the separation of the police from the Ministry of Defence under a new Ministry of Law and Order. The new Ministry however, like the Ministry of Defence, will be operationally headed by a former general reporting directly to the President.
A second welcome step announced at the time of the visit is the appointment by the President of a new Commission of Inquiry into disappearances. The new Commission will only cover disappearances in the Northern and Eastern Provinces between 1990 and 2009. This means that the many “white van” disappearances reported in Colombo and other parts of the country in recent years will not fall within its scope. The High Commissioner urged the Government to broaden the Commission’s mandate.
In relation to detainees, the High Commissioner has always stressed the importance of the LTTE being held accountable for its crimes, and urged the Government to expedite such cases, either by bringing charges, releasing those detained, or sending them for rehabilitation.
Regrettably, the High Commissioner detected no new or comprehensive effort to independently or credibly investigate the allegations which have been of concern to the Human Rights Council. She encourages the Government to use the time between now and March 2014 to engage in a credible national process with tangible results, including the successful prosecution of individual perpetrators, in the absence of which she believes the international community will have a duty to establish its own inquiry mechanisms.
The High Commissioner also followed up on a number of other human rights concerns expressed by the Human Rights Council. She was particularly alarmed at the recent surge in incitement of hatred and violence against religious minorities, including attacks on churches and mosques, and the lack of swift action against the perpetrators. The Minister of National Languages and Social Integration has proposed new legislation on hate speech, and OHCHR stands ready to assist in this area. A visit by the Independent Expert on Minorities would also be helpful, and we hope that this can happen as soon as possible.
In relation to freedom of expression, the High Commissioner heard complaints about the continuing high levels of harassment and intimidation meted out to human rights defenders, lawyers and journalists. This concern was unfortunately borne out during her visit by reports that people in villages and settlements she visited in the Mullaitivu area were visited by police or military officers before and after her arrival.
Finally, the High Commissioner observed great disquiet among many commentators and stakeholders about the degree to which the rule of law and democratic institutions in Sri Lanka are being undermined and eroded. The 18th amendment to the Constitution has been a watershed in this respect, as it abolished the Constitutional Council which once recommended appointments to the independent bodies, such as the Elections Commission, Police Commission and Human Rights Commission, and has weakened these important checks and balances on the power of the Executive. The controversial impeachment of the Chief Justice earlier this year, and apparent politicization of senior judicial appointments, have shaken confidence in the independence of the judiciary, and separation of powers in general.
The High Commissioner is convinced that the continued attention of the Human Rights Council to the human rights situation in Sri Lanka remains critically important and will be making recommendations in March on appropriate ways it could continue that engagement. She hopes the Government will take this opportunity to issue further invitations to Special Procedures mandate holders, particularly the Working Group on Enforced and Involuntary Disappearances and the Independent Expert on Minorities. Finally, the Office, as offered by the High Commissioner a number of times, stands ready to provide any technical assistance the Government may require to implement the recommendations of the LLRC and its other obligations.
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