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UN Human Rights Chief releases report calling for independent international inquiry

In a damning report on Sri Lanka's progress towards accountability and reconciliation , officially released today, the Office of the United Nations High Commissioner for Human Rights (OHCHR) recommended “the establishment of an independent international inquiry mechanism, which would contribute to establishing the truth where domestic mechanisms have failed.

See full report here.

The report highlighted unresolved issues including human rights violations of former combatants and detainees, attacks on religious minorities, human rights defenders and freedom of expression, and arbitrary killings, whilst also highlighting the need for further internationally assisted investigations into newly discovered mass graves.

Moving on to Sri Lanka's attempts of reconciliation and accountability, the report raised concerns over the limited and insincere implementations of the Lessons Learn and Reconciliation Commission (LLRC) whilst also highlighting failed domestic processes for accountability and justice.

The report concluded by stating,


In the absence of a credible national process, she believes the international community has a duty to take further steps, which will advance the right to truth for all in Sri Lanka and create further opportunities for justice, accountability and redress.”

“The High Commissioner reiterates her concern at the continuing trend of attacks on freedom of expression, peaceful assembly and association, particularly against human rights defenders, journalists and families of victims, the rising levels of religious intolerance and continued militarisation, which continue to undermine the environment where accountability and reconciliation can be achieved."

 

See below for the list Human Rights Commissioner, Navi Pillay’s recommendations to the Sri Lankan government.

        (a)       Finalize laws dealing with incitement to hatred, witness and victim protection, the right to information and the criminalization of enforced disappearances, and revise existing laws in accordance with international standards;

(b)    Repeal the Prevention of Terrorism Act and lift the regulations promulgated under it that allow for arbitrary detention;

(c)     Arrest, prosecute and punish perpetrators of attacks on minority communities, media and human rights defenders, and ensure protection of victims;

(d)    Undertake independent and credible criminal and forensic investigations with international assistance into all alleged violations of human rights and humanitarian law, including recently discovered mass graves;

(e)    Establish a truth-seeking mechanism and national reparations policy in accordance with international standards as an integral part of a more comprehensive and inclusive approach to transitional justice;

(f)     Broaden the scope and tenure of the Commission of Inquiry on Disappearances to encompass cases from all parts of the island and all periods of the history of disappearances;

(g)     Publish the final report of the military courts of inquiry, the presidential commission of inquiry of 2006 and the more recent commissions of inquiry to allow the evidence gathered to be evaluated;

(h)    Take further steps in demilitarization, ensure military disengagement from activities that are meant to be civilian, resolve land disputes and promote meaningful community participation in reconstruction and development;

(i)      Engage civil society and minority community representatives more fully in an inclusive and consultative process to support the implementation of the recommendations made by the Lessons Learnt and Reconciliation Commission;

(j)      Implement the Commission’s recommendation for a national day of commemoration, allow all citizens their right to hold individual or group commemorations, and hold national consultations on the design of appropriate memorialization for the victims of the war;

(k)     Give positive consideration to the offers of technical assistance made by the Office of the High Commissioner;

(l)      Invite special procedures mandate holders with outstanding requests to visit the country in 2014, particularly the Working Group on Enforced or Involuntary Disappearances and the Independent Expert on minority issues.

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