UNHRC raps Sri Lanka for tardiness, demands foreign judges in war crimes courts

The UN Human Rights Council (UNHRC) has said that the momentum towards lasting peace and ethnic reconciliation in Sri Lanka could be derailed by the “slow pace of transitional justice and the lack of a comprehensive strategy to address accountability for past crimes.”

It has also insisted on the establishment of a “hybrid court” comprising both Sri Lankan and foreign judges to try war crimes cases.

Positive Advances

The report, which was presented to the UNHRC in Geneva on Friday, however, acknowledges that there have been positive advances on human rights and constitutional reform.

“The Government has advanced on constitutional reforms and showcased some positive developments on the broader human rights agenda. The fulfilment of transitional justice commitments has, however, been worryingly slow, and the structures set up and measures taken during the period under review was inadequate to ensure real progress,” the report states.

It commends the constructive engagement of the Government of Sri Lanka with the UN’s human rights bodies, marking a discernible change in policy. It also recognises some advances on constitutional reforms, on crucial issues like land restitution and symbolic gestures towards reconciliation, as well as legal reforms and the design of an Office of Missing Persons.

“The laudable, inclusive work of the Consultation Task Force on Reconciliation Mechanism, appointed by the Government, also has resulted in an incisive report, which was issued in January this year.”

“However, the structures set up and measures were taken until now have been inadequate, lacked coordination and a sense of urgency. Party politics, including the balancing of power between the different constituencies of the coalition in the run-up to constitutional reforms have contributed to a reluctance to address difficult issues regarding accountability or to clearly articulate a unified position by all parts of Government.”

“Unclear and often contradictory messages have been delivered on transitional justice mechanisms. Public messaging around transitional justice and reconciliation has generally been confusing and at times contradictory,” the report states.

Prince Zeid’s Observations

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein noted that in many ways, Sri Lanka appears to be turning a corner on the promotion and protection of human rights, but he stressed that hard-won gains could prove illusory if they are not tethered to a comprehensive, robust strategy.

“Seventeen months ago, when we published a detailed report on the grave human rights violations committed during the conflict in Sri Lanka, I urged the Government and all the people of Sri Lanka to ensure that this historic opportunity for truly fundamental change should not be squandered,” Zeid said.

“This critical opportunity in Sri Lankan history cannot be missed. I urge the Government and people of Sri Lanka to prioritise justice alongside reconciliation to ensure that the horrors of the past are firmly dealt with, never to recur,” he added.”

Repeats Recommendations

The report makes a number of concrete recommendations, including calling on the Government to embrace the report of the Consultation Task Force, and to formulate a communications campaign to inform the public about details of the reconciliation agenda. 

Inviting the UN Human Rights Office to establish a presence in Sri Lanka, giving the highest priority to the restitution of all private land that has been occupied by the military, and adopting legislation establishing a “hybrid court,” comprising Sri Lankan and foreign judges are also included in the recommendations.

Torture Still There

The report also highlights a number of serious human rights violations that are reportedly continuing to occur in Sri Lanka, including the harassment or surveillance of human rights defenders and victims of violations, police abuse and excessive use of force, and the use of torture.

It pointed out that the Human Rights Commission of Sri Lanka has stated that the complaints it receives indicate the routine use of torture by the police throughout the country as a means of interrogation and investigation. The report notes that the “prevailing the culture of impunity for perpetrating torture has undoubtedly contributed to this situation.”

Need for Consistency

Prince Zeids added: that the authorities “at all levels, from the head of State to military, police, intelligence and local-level leaders, need to publicly issue unequivocal instructions to all branches of the military, intelligence and police forces that torture, sexual violence and other human rights violations are unequivocally prohibited and will be punished.”