Facebook icon
Twitter icon
e-mail icon

No confidence in domestic mechanism – NPC

The Northern Provincial Council (NPC) passed a resolution this week, stating that Sri Lanka had “not taken any meaningful steps for a credible justice process and an accountability mechanism that it had accepted, promised and committed to”.

“The Government of Sri Lanka has not taken any meaningful steps to implement its own commitment to establish an impartial credible mechanism” said the NPC, noting that “the victimized Tamil people do not have any confidence on any domestic judicial mechanism that does not contain majority of foreign judges, lawyers, prosecutors and investigators”.

The resolution, which was passed by the council on Tuesday, also stated that Colombo was “unable or unwilling to implement its own commitment”.

It went on to call on the UN Human Rights Council and the international community to “require Sri Lanka to agree to an International accountability mechanism” and ratify the Rome Stature as recommended by the OHCHR investigation on Sri Lanka (OISL).

Read the full text of the resolution below.

Resolution No: R/88/2017/355

“In reference to UNHRC Resolution 30/1 Co-sponsored by Sri Lanka in September 2015 Sessions

Recalling that the Government of Sri Lanka was a co-sponsor and signatory to the Resolution 30/1 titled “Promoting reconciliation, accountability and Human rights in Sri Lanka” at the UNHRC session in Geneva in September 2015, committing itself to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law ,as applicable and affirming that   a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also  affirming in this regard the importance of participation in a Sri Lankan Judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defense lawyers and authorized prosecutors and investigators;

Noting with concern that the Government of Sri Lanka has not taken any meaningful steps to implement its own commitment to establish an impartial credible mechanism;

Recognizing that the victimized Tamil people do not have any confidence on any domestic judicial mechanism that does not contain majority of foreign judges, lawyers, prosecutors and investigators;

The Northern Provincial Council of Sri Lanka resolves that:

1. The Government of Sri Lanka has not taken adequate measures to fully implement the Resolution 30/1 that it co-sponsored at the UNHRC Session in September 2015, especially with regard to the accountability, establishment of a Commission for truth, reconciliation; non–recurrence of oppression, return of  lands  to its rightful civilian owners and  an office of reparation

2. The Government of Sri Lanka has not taken any meaningful steps for a credible justice process and an accountability mechanism that it had accepted, promised and committed to the UNHRC and to the International Community.

3. Since Sri Lanka being unable or unwilling to implement its own commitment, this Council calls upon the UNHRC to refer the case to an International judicial mechanism;

4. This Council emphasizes  that without truth, justice and an equitable political solution, neither reconciliation nor permanent peace is possible in Sri Lanka;

5. This Council calls upon the UNHRC and the International Community to require Sri Lanka to agree to an International accountability mechanism, ratify the Rome Statute as recommended by the OHCHR investigation on Sri Lanka (OISL) Report of September 2015 and offer the Tamils a political solution with the Mediation of the UN;

6. Recognizing that the Tamil People are a Distinct Nation with their traditional homeland in the contiguous North–East region of Sri Lanka, and they are entitled to self–determination, the Government of Sri Lanka must offer the Tamils an equitable political solution which at the minimum shall consist of the merged Northern and Eastern Provinces offering full and complete federalism with explicit declaration and recognition of such system in the Constitution.”