Statements by Human Rights Watch, Amnesty International, ICJ and Several NGOs
Geneva - 09 09 2024
Statements by Human Rights Watch, Amnesty International, Asian Forum for Human Rights and Development (FORUM-ASIA), International Federation of Human Rights (FIDH), ASSOCIATION CULTURELLE DES TAMOULS EN FRANCE, Association Pour La Diffusion Des Droits De L'homme Dans L'universite De Lyon, People for Equality and Relief in Lanka, Franciscans International, Global Srilankan Forum United Kingdom, Humanists International, International Commission of Jurists (ICJ) and World Evangelical Alliance
Human Rights Council - 57th session
Interactive Dialogue with UN High Commissioner for Human Rights on Sri Lanka
9 September 2024
Statement by Human Rights Watch:
In his report on Sri Lanka, the high commissioner describes entrenched impunity for gross human rights violations; regressive new laws that further threaten fundamental freedoms; threats and violence against victims, civil society actors and journalists; and a deeply alarming recurrence of the serious violations of the past.
The high commissioner notes that impunity led to corruption and the abuse of power, contributing to the economic crisis that has disastrously affected the economic and social rights of Sri Lankans. Popular demands for accountability and reform have been suppressed by the government.
Human Rights Watch has documented the anguish of victims denied justice by successive governments. In May, the wife of a man who was forcibly disappeared in state custody in 2009 - who has long campaigned to uncover the fate of tens of thousands of similar victims in Sri Lanka - told us, "We registered our complaints at every government institution. ⦠[W]e did not receive any information about what happened to our loved ones." She added, "[t]he main perpetrators are the state, so how can we go to the state and get justice? That's why we always emphasize an international mechanism."
This Council has mandated the high commissioner's office to monitor and report on the situation in Sri Lanka, to collect and preserve evidence of serious violations of international law, and to develop strategies for accountability, which are essential to maintain scrutiny on the country's human rights crisis, give victims and their families hope, and deter future violations. We strongly urge the Council to adopt a resolution renewing the mandates of the OHCHR for two more years.
Statement delivered by Ahmed Adam on behalf of Asian Forum for Human Rights and Development (FORUM-ASIA), Amnesty International and International Federation of Human Rights (FIDH):
Mr. President,
We thank the High Commissioner for his report.
We echo the High Commissioner's emphasis on the need for transformational change in the country.
Such transformational change requires a clear commitment backed by genuine political will to finally provide justice, truth and reparations for crimes under international law committed during the internal armed conflict in Sri Lanka and to prosecute individuals suspected of criminal responsibility, including many who continue to hold senior government positions. It also requires allowing for the memorialisation of victims in the North and the East and releasing without delay of military held land in the area.
The 2022 economic crisis further underlines the need to meaningfully address the crisis of impunity and the rule of law that has beset the country since the end of the war, in order to ensure political and economic stability.
However, with no real willingness from any of the governments in the past 15 years since the end of the war to: ensure justice and accountability; protect the rights of victims; break from a culture of persecution and silencing of advocates for justice and human rights including the families of victims; and with no clear and strong commitment from any of the leading presidential candidates on accountability and human rights, the stage appears to be set for the continuation of cycles of violations and impunity.
In this context, it is imperative that the Council takes action based on a principled position on human rights rather than political considerations, to renew the mandates of OHCHR's Sri Lanka Accountability Project and that of OHCHR to monitor and report on the situation for a minimum of two years.
Failure to do so would amount to betrayal of the tens of thousands of victims and their families who, in the absence of any possibility for domestic accountability, depend on the Council's efforts towards justice, truth and reparations.
Thank you.
Statement by ASSOCIATION CULTURELLE DES TAMOULS EN FRANCE:
Thank you Chair,
In North and East of Sri Lanka Enforced Disappeared Family's members are waiting for their loves one and instead to found a solution, this Council members continue to support the militarization of North and East of Sri Lanka with IMF, and European Council continue to support with GSP plus.
During the genocidal war against Eelam, 146,679 people were unaccounted for, only in Vanni and that too, only during the last 6/7 months of the war from December 2008, ended on May 2009.Â
We want to point out for last 15 years on their successive reports High commissioner forget to Mention Tamils who are victims of Genocide in Tamil Eelam.
This Month we commemorate Thiyaga theepam Thileepan who lost his life. Who fasted and sacrifice his life without food and water for 12 days and dead, and 37 years later Tamils civil society, are on the Street with same request as was 37 years ago Thiyaga theepam Thileepan.
For stop the occupation and as the unitary state system in the island denies Tamils Nationhood, Sovereignty and our right to self-determination of Eelam Tamils. As requested on the written joint statement A/HRC/55/NGO/139, submitted to the council last 55th session, over 13800 organisations including 312 ECOSOC accredited NGOs.
Dear High commissioner, due to war crimes and crimes of Genocide against Eelam Tamils, don't you think, it's important to recommend to the member countries to name a country specific special procedures mandates holders for Sri Lanka and to Refer Sri Lanka to the International Criminal Court ?
Thank you
Statement by Global Srilankan Forum United Kingdom:
Mr/ Madam President
The High Commissioner's report on Sri Lanka demands and proposes actions towards Sri Lanka. However, it is important to note that all resolutions so far have failed to fully materialize more than a decade after the war. This is because they have not taken into consideration the aspirations of all Sri Lankan communities and have only shown selective bias towards separatist ideologies.
Sanctions and international prosecutions, as proposed to punish Sri Lanka, are not a solution for the minorities as it contradicts the claims made by UNHRC.
We observe the continuing double standards of some sectors that provide no tangible relief to the grievances of people but only contribute to the politicization of human rights. The very existence of the people in Gaza is under threat; where are the resolutions and where are the accountability projects?
UNHRC should entrust the people in Sri Lanka, as they managed to oust a president through their struggle. There is hope for an opening of a new era along with the upcoming election. This shows that citizens of Sri Lanka are able to resolve their issues on their own, so UNHRC should support a domestically developed accountability and reconciliation process.
Statement by Association Pour La Diffusion Des Droits De L'homme Dans L'universite De Lyon Delivered By: Mr Sathiyaruban KANAGASINGAM:
Delivered By: Mr Sathiyaruban KANAGASINGAM
Thank you Chair
Eelam Tamils in North and East of Sri Lanka under Sri Lanka Security occupation need the High Commissioner Technical presence in North and East of Sri Lanka. Following the Mullivaikal Genocide, the Sri Lankan Government has engaged in the cultural and structural genocide of Eelam Tamils. Hindu Temples are being destroyed or desecrated in Tamil-majority areas. Concurrently, there have been efforts to construct Buddhist temples in those regions with government support. This effort at religious transformation is an attempt to alter the demographic and cultural landscape of the Tamil homeland.
26th May 2023, the UN Human Rights Committee issued a unanimous decision condemning the Sri Lankan state for torturing a former LTTE combatant. The torture included electric shock and rape. The Committee ordered the Sri Lankan State to investigate the police responsible for the brutality, pay adequate compensation he victim, and change its laws to ensure that this kind of conduct cannot be repeated. Sri Lanka has not taken any action on these orders.
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The factors identified by the Special Rapporteur Francesca Albanese in her report titled "Anatomy of a Genocide" are also present in the report of the expert panel on Accountability in Sri Lanka appointed by then-UN Secretary General Ban Ki-moon. 15 years have shown there is no room for domestic justice for atrocity crimes.
Thus, we respectfully request that the HRC recommend the Security Council to refer Sri Lanka to the ICC as enough time has been wasted and the victims cannot wait any longer seeking justice.
Thank you
Statement delivered by Sahithyan Thilipkumar on behalf of People for Equality and Relief in Lanka Inc:
We welcome the High Commissioners report and remind the council that international accountability options are needed to break the systematic circle of impunity in Sri Lanka.
To date, there has been neither justice nor accountability for war crimes, crimes against humanity, and genocide committed by Sri Lanka 16 years ago against the Eelam Tamil people during the final stages of the war. Up to 169,796 Tamils remain unaccounted for and are presumed dead.
Successive Sri Lankan governments, including the current one, have consistently shown zero political will for meaningful justice and accountability, while Sinhala-Buddhist majoritarianism drives ongoing human rights abuses. Tamils and Muslims continue to face repression through militarization and Sinhalization of the North-East, attacks on Tamil memorialization, and draconian laws. Despite elections drawing closer, there is significant concern that these systemic issues will remain unresolved.
We urge the international community to use mechanisms like universal jurisdiction, the International Criminal Court, International Court of Justice, and other tools, like genocide recognition and calls for an investigation into genocide, to hold Sri Lankan perpetrators and the state responsible. These steps are crucial to address the root causes of conflict. The international community must demonstrate that violations of international law will not go unpunished.
Without justice, accountability, and the recognition of Eelam Tamils right to self-determination, the island's crisis will persist.
Statement by Franciscans International
Delivered by Fr. Everest Dias Anthonyaiah
Mr. President,
We welcome the report of the High Commissioner on the situation of human rights in Sri Lanka. We commend the recommendation on the need for fundamental changes to advance accountability, reconciliation and to prevent future violations.
The Sri Lankan Government has failed to make significant progress to uphold its human rights obligations. We are particularly concerned about the failure of domestic accountability mechanisms to deliver for victims of enforced disappearances and other gross human rights violations in the past and present, and the accountability gap that this has created.i
We are also concerned about the lack of progress with regard to criminal investigations into
the 2019 Easter Sunday attacks and the absence of a single conviction. This sense of impunity is compounded by the continued presence of alleged perpetrators of human rights violations in high-level positions in Government, the security sector, diplomatic postings or State institutions.
In conclusion, we urge the Council to renew the mandate of OHCHR and its Sri Lanka Accountability Project, as established by resolution 46/1 and extended by resolution 51/1, for a period of at least two years, to ensure that it has the resources, capacity and stability to fulfill its crucial mandate.
Thank you.
Statement by Humanists International:
Mr President,
We thank the High Commissioner for his important report. Humanists International remains deeply concerned about the Sri Lankan government's increasing intolerance towards religious minorities, including the non-religious.
As the Report highlights, there are numerous legislative tools being employed by the government to repress dissent. The ICCPR Act, the Prevention of Terrorism Act and its proposed amendments, and the new Online Safety Act convey upon the government sweeping enforcement powers that can be used with vague and broad justifications and minimal judicial oversight. Moreover, we are concerned about the creation of a special police task force on religious freedom. Worryingly, arrests have been made on the grounds of "insulting" religion, or for making remarks detrimental to religious harmony, in violation of the international standards on the right to freedom of religion or belief. These laws are inherently tools for repression of dissenting voices, including minorities.
Furthermore, we have seen a rise in fundamentalist and ultra-nationalist rhetoric from senior political figures in the country. This speech contributes to a culture of violence that religious minorities are living under in Sri Lanka. Violence and threats against atheists, Muslims, Christians, and Hindus have been documented at length and exemplify the further closing of civic space for safe and open participation in public life in Sri Lanka.
We reaffirm that the right to FoRB must extend to all, including religious minorities, and the non-religious. FoRB and the right to freedom of expression go hand in hand, and we urge the Sri Lankan government to amend or repeal these laws, as per the High Commissioner's recommendations.
We urge Sri Lanka to honour its rich and pluralistic society, and to work to protect freedom of expression, freedom of religion or belief, and to counter violence and hostility against minorities.
Thank you.
Statement by the International Commission of Jurists (ICJ)
Delivered by: Sandra EPAL-RATJEN, International Advocacy Director:
Mr. President,
The ICJ welcomes and concurs with the assessment by the OHCHR in its report on Sri Lanka that there is no enabling environment for transitional justice measures due to longstanding impunity. We fully support the recommendations made by the High Commissioner.
As highlighted in the report, domestic transitional justice initiatives suffer from paltry engagement with victim communities, political interference, and a lack of outcomes with any real consequence toward achieving accountability. Intimidation, surveillance, and harassment of journalists, human rights defenders, activists, families of the disappeared, and political opponents persist. Some of those responsible for abuses not only retain their positions but are often promoted.
Core Rule of Law principles continue to be undermined, with the introduction of new legislation that undermines human rights and fundamental freedoms, the disregard of Supreme Court recommendations, and pervasive corruption across all levels of government. The repressive Prevention of Terrorism Act remains in force and has been used to target for abuse mainly Tamils engaged in memorialization activities related to the conflict. There has been a marked increase of undue military involvement in civilian affairs and law enforcement.
The ongoing impunity and the lack of accountability for past abuses, including crimes under international law, underscore Sri Lanka's unwillingness to meet its obligations at the domestic level. The ICJ therefore calls on the Council to act to renew the mandates of the OHCHR and its Sri Lanka Accountability Project for at least two more years, to evaluate and promote Sri Lanka's compliance with its human rights obligations and to build on the progress achieved by the Project thus far.
I thank you.
Statement by World Evangelical Alliance
Delivered by Markus Hofer:
Mister President,
The World Evangelical Alliance welcomes the High Commissioner's report.
We remain concerned by the situation for religious minorities in Sri Lanka. Local authorities obstruct worship activities, often citing the need for mandatory registration, while disputes over sacred sites and land in the North and East persist. The recently passed Online Safety Act also poses a serious threat to freedom of expression in the country.
We urge the Sri Lankan government and the incoming president to uphold their obligations to protect the freedom of religion or belief (FoRB) for all citizens. State involvement in FoRB violations must end, and there should be accountability for violence and discrimination, including a thorough and impartial investigation into the 2019 Easter Sunday attacks to bring the perpetrators to justice. The arbitrary obstruction of worship and the appropriation of lands belonging to minorities must cease immediately.
We call for the repeal of the Online Safety Act and strongly urge the government to refrain from mandating registration for places of worship. As Sri Lanka continues to navigate its economic challenges, it is essential that issues relating to human rights and accountability are not neglected. The international community must continue to monitor the situation and hold the government accountable.
Thank you.