Break from the past and chart a new course?

"Focusing on the underlying issues that have held the country back from achieving sustainable peace and development"

JaffnaReview - 26 09 2024

People in Sri Lanka voted massively on 21st September for a change and have elected Anura Kumara Dissanayake as their president. Will it also lead to break from the past and chart a new course as urged by UN HRC Chief Mr Volker Turk? Or as usual nothing will change?

"People and communities across Sri Lanka have experienced upheaval and distress for far too long. It is high time to bring closure to the past. To break a destructive cycle that leads to more violence and creates more victims. And to begin an inclusive journey towards a just and sustainable future for all Sri Lankans," said HRC Chief at the Interactive Dialogue on OHCHR report on Sri Lanka at the Human Rights Council in Geneva on 9th September.

As it was election time, not much attention was focused in Sri Lanka on what was happening at Geneva discussions.

Opening Remarks

Opening the Interactive Dialogue on OHCHR report on Sri Lanka at the Human Rights Council in Geneva on 9th September, UN High Commissioner for Human Rights Mr Volker Turk said:

"Across the globe, the failure to deal with the demons of the past - to ensure accountability for international crimes - is renewing old conflicts. It is creating new conflicts. And it is sowing the seeds for future conflicts that will haunt people again and again.

"Without accountability, the legacy of violence is simply more violence. And impunity is a cancer that weakens States and societies. But there is another path - paved with justice and accountability - that leads to healing, reconciliation and peace.

"Sri Lanka must pursue an inclusive national vision that addresses the root causes of the conflict. One that undertakes fundamental constitutional, legal and institutional reforms to strengthen democracy and advance accountability and reconciliation.

"The Government must implement significant security sector reform - including holding to account those individuals implicated in serious violations.

"And it must take immediate steps to prevent human rights violations.

"My Office is not here to point the finger, but to lend a hand. We are reflecting what Sri Lankans from all communities are telling us. They want change, and my Office is ready to support Sri Lanka on that journey. In the meantime, it is important for this Council and UN Member States to continue to address the accountability gap in Sri Lanka - including by supporting the work of my Office. The Council and individual States can help to create the conditions and political will for meaningful accountability and reconciliation. Towards that end, States can take action through their own domestic systems, as well as through international fora, including - for example - through the processes set out in the UN human rights treaties.

"People and communities across Sri Lanka have experienced upheaval and distress for far too long. It is high time to bring closure to the past. To break a destructive cycle that leads to more violence and creates more victims. And to begin an inclusive journey towards a just and sustainable future for all Sri Lankans."

It is notable that High Commissioner's 42 page report which was released earlier says that the international legal system offers further opportunities for justice.

Report's Paragraph 54: "The international legal system offers further opportunities, including through the inter-State complaint mechanisms of treaty bodies, and/or consideration of proceedings before the International Court of Justice, where provided for by relevant human rights treaties. Efforts have been undertaken by CSOs to request the Prosecutor of the International Criminal Court (ICC), to the extent possible, to exercise jurisdiction over relevant crimes committed in Sri Lanka. The Rome Statute provides opportunities for States to activate the ICC's jurisdiction, including through the UN Security Council formally referring a situation to it."

Paragraph 59: "OHCHR continues support to judicial and non-judicial proceedings with competent jurisdictions through sharing of relevant information and evidence, in accordance with the United Nations rules and procedures. To date, OHCHR has received official requests from national authorities for information and evidence in relation to 11 named individuals. Moreover, OHCHR has continued dialogues with relevant actors in the accountability context, including CSOs in the field, and uses its mandate and the network it has created to facilitate contact and collaboration between key actors."

The High Commissioner recommends the Human Rights Council and Member State in Paragraph 68(a): "Cooperate in investigating and prosecuting alleged perpetrators of international crimes committed by all parties in Sri Lanka through judicial proceedings in national jurisdictions, including under accepted principles of extraterritorial or universal jurisdiction, through relevant international networks and mutual legal assistance processes, and in cooperation with survivors, families, and their representatives." And in Paragraph 68(e): "Support OHCHR to continue its monitoring and reporting and its strengthened work on accountability for human rights violations and related crimes in Sri Lanka."

Representatives from Countries and NGOs

During the one hour Interactive dialogue Sri Lanka's representative in Geneva made a statement as country concerned. Representatives from Australia, Belarus, Belgium, Burundi, Cambodia, Cameroon, Canada, Côte d'Ivoire, Cuba, Egypt, Eritrea, European Union, Finland on behalf of Nordic Baltic countries (Denmark, Est,onia, Iceland, Latvia, Lithuania, Norway, Sweden), France, Ghana, India, Iran, Japan, Kenya, Lebanon, Liechtenstein, Luxembourg, Maldives, Montenegro, Nepal, New Zealand, Nicaragua Nigeria, North Macedonia, Pakistan, Qatar on behalf of Cooperation Council for the Arab States of the Gulf (GCC), Republic of Korea, Russian Federation, South Sudan, Sudan, Switzerland, Syria, Thailand, Turkey, UNICEF, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Kingdom of Great Britain and Northern Ireland on behalf of Core Group on Sri Lanka (Canada, Malawi, Montenegro, North Macedonia, United States of America), United States of America, Vanuatu, Venezuela, Viet Nam expressed their views and concerns.

Also several National Human Rights Institutions and Non-Governmental Organizations including Human Rights Watch, Amnesty International and International Commission of Jurists made their observations.

Concluding Remarks

Mr Volker Turk at the end of the interactive dialogue in his concluding remarks rang an alarm bell and reiterated his strong intention to work with Sri Lanka, with the people of Sri Lanka and with the new government to help it in its democratic process and economic advancement.

He said:

"It's now 15 years since the end of the conflict in the country and we all hope the violence and suffering of that period will never be repeated.

"There may not be an immediate risk of conflict returning but as the report highlights there is a real risk of human rights violations being repeated. So it's clear that there needs to be sustained efforts for accountability, longer term reforms including security sector reforms so that future human rights violations are prevented.

"Let me reiterate again the strong intention of myself, of my office to work with Sri Lanka, with the people of Sri Lanka, with the new government to help it in its democratic process with the economic advancement of the country.

"Our engagement has always been for the long-term focusing on the underlying issues that have held the country back from achieving sustainable peace and development."

The Core Group of US, UK, Canada, Malawi, Montenegro, and North Macedonia have submitted a draft resolution to the UN Human Rights Council's 57th Session to extend the mandate and all requested work of the OHCHR on Sri Lanka accountability project for one more year.

Full details of Geneva discussions on 9th September 2024: