Sri Lanka Needs A More Fundamental,Far-

Reaching Accountability Process Zeid

( September 23, 2014, Geneva, Sri Lanka Guardian) In his oral update on promoting
reoniliation, aountabilit! and human rights in Sri Lanka" the the #igh $ommissioner %or
#uman &ights sa!s that '(ot)ithstanding the ommendable progress the Sri Lankan
Government has made in resettlement and reonstrution, the #igh $ommissioner %irml!
believes that a more %undamental and %ar*reahing aountabilit! proess in Sri Lanka,
addressing both past and ongoing violations, is absolutel! neessar! %or Sri Lankans to ome to
terms )ith their past, end impunit!, ahieve reoniliation bet)een ommunities and strengthen
the rule o% la)" '
+he %ull report,
#uman &ights $ounil
+)ent!*seventh session
-genda item 2
-nnual report o% the .nited (ations #igh $ommissioner
%or #uman &ights and reports o% the /%%ie o% the
#igh $ommissioner and the Seretar!*General
/ral update o% the #igh $ommissioner %or #uman &ights on promoting reoniliation,
aountabilit! and human rights in Sri Lanka0
1" /n behal% o% the #igh $ommissioner %or #uman &ights, I am pleased to provide this oral
update on the implementation o% #uman &ights $ounil resolution -1#&$12211 on promoting
reoniliation, aountabilit! and human rights in Sri Lanka" It overs developments in 2014,
and %ousses in partiular on the issues highlighted in resolution 2211 and the reommendations
ontained in the previous #igh $ommissioner3s report to the $ounil in 4arh 2014 "
2" +he resolution tasked /#$#& to monitor the human rights situation in Sri Lanka and to
ontinue to assess progress on relevant national proesses5 to undertake a omprehensive
investigation into alleged serious violations and abuses o% human rights and related rimes b!
both parties in Sri Lanka during the period overed b! the Lessons Learnt and &eoniliation
$ommission, and to establish the %ats and irumstanes o% suh alleged violations and o% the
rimes perpetrated )ith a vie) to avoiding impunit! and ensuring aountabilit!, )ith
assistane %rom relevant e6perts and speial proedures mandate holders5 and to present an oral
update to the #uman &ights $ounil at its t)ent!*seventh session, and a omprehensive report
%ollo)ed b! a disussion on the implementation o% the resolution at its t)ent!*eighth session"
3" /#$#& has no) set up a dediated /#$#& team to arr! out the omprehensive
investigation" +erms o% re%erene have been published, as )ell as a all %or submissions" +he
team is giving priorit! to gathering and orroborating %irst hand in%ormation in order to ensure
an independent and impartial investigation" +his )ill be a highl! omple6 task given the time
period and the gravit! o% the man! ases and inidents to be investigated"
4" +he /%%ie has repeatedl! been aused in Sri Lankan media o% lak o% transparen! %or not
revealing details o% its investigation team or its soures, but suh on%identialit! )ill be a
neessar! measure to protet an!one )ho provides in%ormation to the investigation, as )ell as
to ensure the integrit! o% the investigation itsel%"
2" /n 30 4a!, /#$#& sta%% met )ith the 7ermanent &epresentative o% Sri Lanka in Geneva to
brie% him on the steps being taken in setting up o% the investigation team and to invite
ooperation" /n 2 8une, the %ormer #igh $ommissioner )rote to #9 4r G"L" 7eiris, 4inister
o% 96ternal -%%airs, setting out the parameters o% the investigation, providing %urther details
about the team that )ould arr! it out, and e6pressing hope that the Government )ould
ooperate %ull! )ith the investigation" #o)ever, in a statement on 10 8une, the Sri Lankan
7ermanent &epresentative in%ormed the #uman &ights $ounil o% Sri Lanka3s re:etion o% the
#&$ resolution and non*ooperation )ith the /#$#& investigation"
;" /n 1< 8une, the Sri Lankan 7arliament passed a motion opposing the investigation, on
the grounds, inter*alia, that it violated Sri Lanka3s sovereignt!, although one opposition
part! voted against and others abstained or absented themselves %rom the vote" +he
(orthern 7rovinial $ounil had previousl! adopted three resolutions on 2< -pril
supporting the #uman &ights $ounil resolution"
=" /n 2 8ul!, the 4inister o% 96ternal -%%airs, responding to the %ormer #igh $ommissioner3s 2
8une letter, in%ormed her o% the Government o% Sri Lanka3s position on resolution 2211" +he
4inister reiterated that the Government >ategoriall! and unreservedl! re:eted the resolution
2211 on Sri Lanka and )ould not engage in an! related proess'" #e indiated nevertheless that
>ooperation )ith !our /%%ie and the $ounil )ill ontinue"' +he 7ermanent 4ission o% Sri
Lanka also delined an o%%er b! /#$#& to introdue the oordinator o% the /#$#&
investigation team, as )ell as, subse?uentl!, to meet )ith one o% the three e6perts appointed b!
the #igh $ommissioner to support the investigation team" 7resident &a:apaksa has made
several publi omments, most reentl! on 1@ -ugust, that the /#$#& investigation team )ill
not be given aess to Sri Lanka"
<" 4ean)hile, under the terms o% resolution 2211, the %ormer #igh $ommissioner invited #"9"
4r 4artti -htisaari, %ormer 7resident o% Ainland and (obel 7eae 7riBe Laureate, 4s Silvia
$art)right, %ormer Governor*General, #igh $ourt :udge o% (e) Cealand and :udge o% the
96traordinar! $hambers o% the $ourts in $ambodia, and 4s -sma 8ahangir, %ormer 7resident
o% the Supreme $ourt Dar -ssoiation and #uman &ights $ommission o% 7akistan, )ho has
previousl! held several #uman &ights $ounil mandates, to pla! a supportive and advisor!
role to the investigation team as relevant e6perts" &elevant Speial 7roedures mandate holders
are also e6ploring )a!s o% assisting the investigation, )hile preserving the independene and
integrit! o% their o)n mandates"
@" +he #igh $ommissioner is deepl! grate%ul to these distinguished e6perts %or agreeing to
pla! this important role on a pro*bono basis" +he! )ill not lead the investigation, but
)ill provide e6pert advie and guidane to the investigation team, and aompan! the
proess to provide an independent veri%iation o% the investigation" +he e6perts held
their %irst meeting )ith the investigation team in Geneva on ;*= September to revie) the
methodolog! and progress in the investigation" +he investigation team has also been
meeting )ith a oordinating group o% Speial 7roedures mandate holders"
10" -t this :unture, the #igh $ommissioner )ould like to respond diretl! to t)o onerns that
have been raised b! the Government o% Sri Lanka, some ivil soiet! groups and media
onerning the mandate o% the /#$#& investigation" +he %irst argument made is that there is a
ontradition bet)een operative paragraph 2 o% resolution 2211 )hih re?uests Sri Lanka to
ondut and redible and independent investigation, and operative paragraph 10 o% the
resolution )hih re?uests /#$#& to ondut an international investigation" +here is
absolutel! no ontradition in this regard" -s suessive #uman &ights $ounil resolutions
have noted, Sri Lanka has international legal obligations to investigate violations and provide
vitims )ith remed!" #o)ever, in resolution 2211, the #uman &ights $ounil took note o% the
absene o% a redible national proess )ith tangible results and re?uested /#$#& to ondut
its o)n investigation" +he %at that there is an international investigation does not relieve Sri
Lanka o% its obligations under international humanitarian la) and international human rights
la) to ondut investigations, nor does the e6istene o% domesti initiatives ()hih onl!
partiall! over the period and allegations onerned) prevent an international investigation
moving %or)ard" +he ?uestion is ho) Sri Lanka )ill take %urther the results o% the international
investigation in its o)n domesti proess, or )hether %urther steps )ill be re?uired"
11" +he seond onern raised is the deision o% /#$#& to investigate violations up until
(ovember 2011, the time the LL&$ presented its %inal report" +his is important beause the
LL&$, to its redit, took an e6pansive vie) o% its mandate and e6amined a number o%
violations that had their origins be%ore the Aebruar! 2002 or ontinued a%ter the end o% the
armed on%lit in 4a! 200@" +hese inlude %or instane the detention o% suspets )hih
ourred at the end o% the )ar but ontinued %or an e6tended period a%ter)ards, or en%ored
disappearanes )hih remain ongoing violations to this da!" +he %ormer #igh $ommissioner
orretl! interpreted that the #uman &ights $ounil3s intention )as not to dra) an arbitrar!
line in 4a! 200@ but to ensure the omprehensive sope o% the LL&$ report )as %ull!
addressed,
12" +he #igh $ommissioner ver! muh regrets the Government o% Sri Lanka3s re:etion o%
resolution 2211 and position o% non*ooperation )ith the investigation, and he enourages the
Government to keep its hannels open" +he #igh $ommissioner notes that the Government has
invited him to visit Sri Lanka and he )ill be meeting )ith the 4inister o% 96ternal -%%airs in
(e) Eork later this month"
13" +his is a uni?ue and histori opportunit! to establish an aurate reord o% patterns o%
human rights violations and related rimes alleged to have been ommitted b! both sides
during the latter period o% the on%lit that )ill meet the e6petations o% Sri Lanka3s people,
partiularl! the vitims o% both sides o% the on%lit, and a broad ross*setion o% the
international ommunit!" +his inludes serious rimes ommitted b! the L++9 and +amil
armed groups over man! !ears, inluding the reruitment o% hildren as soldiers and attaks on
ivilians" Fithholding ooperation %rom the investigation means that valuable in%ormation held
b! the Government annot be taken into aount" It )ill also represent a missed opportunit! to
engage in a deeper truth*seeking proess that )ill ultimatel! ontribute to Sri Lanka3s long
term interests in lasting peae and reoniliation"
9ngagement )ith human rights mehanisms
14" +he .( Speial &apporteur on the human rights o% migrants onduted an o%%iial ountr!
visit %rom 1<*2; 4a! 2014" In his report to the #uman &ights $ounil, the Speial &apporteur
)elomed the e%%orts undertaken b! the Sri Lankan authorities to regulate labour migration and
protet the rights o% its itiBens migrating abroad, but noted the need to %ull! implement a
human rights approah" #e also looked into the situation o% migrants in Sri Lanka and noted the
need to implement regulations, monitor the detention o% migrants in Sri Lanka, and to revise
onstitutional provisions )hih disriminate against migrants"
12" +here remain nine outstanding re?uests to visit Sri Lanka b! other speial proedures, on
minorit! issues5 %reedom o% peae%ul assembl! and o% assoiation5 %reedom o% opinion and
e6pression5
e6tra:udiial, summar! or arbitrar! e6eutions5 en%ored or involuntar! disappearanes5 human
rights de%enders5 independene o% :udges and la)!ers5 disrimination against )omen in la)
and pratie5 and truth, :ustie, reparation and guarantees o% non*reurrene"
1;" +he #igh $ommissioner reiterate his predeessor3s alls to invite the speial proedures on
en%ored or involuntar! disappearanes and minorit! issues as a matter o% priorit!, onsidering
the entralit! o% these issues to the aountabilit! and reoniliation agenda" +he Government
has again indiated that it )ill onsider a visit b! the FG9IG one the $ommission o% In?uir!
on missing persons, disussed belo), onludes its )ork"
1=" Sri Lanka3s %i%th periodi report under the I$$7& )ill be e6amined b! the #uman &ights
$ommittee in /tober 2014"
+hreats to ivil soiet! ators
1<" +he #igh $ommissioner has been shoked at the ongoing ampaign o% threats, harassment,
intimidation and reprisals b! both state and non*state ators sine 4arh against ivil soiet!
groups, human rights de%enders and vitims3 organisations, inluding those )ho might support
or engage )ith the international in?uir!" /n = -pril 2014, the 4inister o% 4ass 4edia and
In%ormation in%ormed the press that the Government )ould take legal ation against those )ho
testi%! be%ore the /#$#& investigation i% the evidene submitted b! them )as in violation o%
the ount!3s $onstitution" Harious alls )ere made b! representatives o% politial parties and
other groups %or the arrest o% members o% parliament and ivil soiet! members )ho had
partiipated in the #uman &ights $ounil session in 4arh"
1@" +his has been %ollo)ed b! a stead! stream o% initement and hate speeh in print, eletroni
and soial media against ivil soiet! ativists )ho have publil! advoated %or aountabilit!,
reoniliation and human rights" /n 10 -ugust 2014, %or instane, an artile in the Sinhalese
language ne)spaper Givaina attaked prominent human rights ativists, delaring >$learl!
)hat should be done is to shoot them and thro) them to the %orest %or the %o6es to eat" Dut )e
)on3t sa! that should done, beause )e do not have the tribal mentalit! o% those )ho betra! the
ountr!"'
20" /n 4 -ugust, a private meeting o% ivil soiet! ators, the diplomati ommunit! and
%amilies o% the disappeared in $olombo )as disrupted b! protestors inluding Duddhist monks,
reportedl! representing %amilies o% missing armed servie personnel" Aamilies o% the
disappeared as )ell as ivil soiet! ators )ere verball! abused, threatened and alled traitors"
7olie )ere present but )ere ine%%etive in removing the mob" +he 4inistr! o% 96ternal -%%airs
subse?uentl! issued a press release urging the diplomati ommunit! to be more onsious o%
loal sensitivities )hen attending events o% an >emotive' nature"
21" In another reent ase, t)o prominent human rights la)!ers reported being threatened on
13 September b! unidenti%ied men at a la) o%%ie %or appearing in >unneessar! ases'" In
-ugust, the t)o had been intimidated )ith another olleague b! a group o% men inside
4aradana polie station allegedl! in %ront o% a senior o%%ier )hile making representations on
behal% o% their lients"
22" /n 21 4arh 2014, the Government also announed the prosription o% 1; +amil
organisations and 424 individuals pursuant to .( Seurit! $ounil &esolution 13=3" +hese
inluded not onl! the L++9, but man! mainstream +amil diaspora organisations )hih have
been ativel! engaged )ith the #uman &ights $ounil and international human rights
mehanisms" Fhile the #igh $ommissioner %ull! respets the responsibilit! o% the Government
to sa%eguard against an! resurgene o% terrorism in the ountr!, suh measures must meet the
re?uirements o% neessit! and proportionalit!, and this step )ill have %ar*reahing and negative
impats on %reedom o% e6pression and assoiation and e%%orts %or reoniliation in the ountr!"
23" +his is part o% a broader trend o% inreased restritions on (G/ ativities sine the %ormer
#igh $ommissioner3s last report" /n 1 8ul!, a irular )as issued b! the (G/ Seretariat,
)hih is loated under the 4inistr! o% Ge%ene, indiating that press on%erenes, )orkshops,
trainings %or :ournalists and dissemination o% press releases )ere unauthoriBed ativities and
should not be undertaken b! (G/s" -%ter speaking out against this irular, the 7resident o% the
Dar -ssoiation reported reeiving repeated threats to his seurit!" - number o% )orkshops
organiBed b! (G/s %or +amil*speaking :ournalists )ere disrupted and %inall! stopped %rom
taking plae in 8une and 8ul!"
7rotetion o% vitims and )itnesses
24" +his limate o% intimidation and threat seems alulated to make the international
investigation mandated b! the #uman &ights $ounil even more hallenging and di%%iult" It
means that the /#$#& team have to take all possible appropriate measures to protet potential
)itnesses )ho ma! )ish to provide in%ormation"
22" It )ill also impat on the prospets %or Sri Lanka3s o)n domesti investigations, )here
)itness and vitim protetion has long been a ma:or onern" +he #igh $ommissioner notes in
this regard that the Government %inall! submitted to 7arliament the -ssistane to and
7rotetion o% Hitims o% $rime and Fitnesses Dill in -ugust 2014" +his dra%t legislation has
been in preparation sine 200; and Sri Lanka has repeatedl! ommitted to its adoption in the
#uman &ights $ounil" /#$#& )ill are%ull! stud! the dra%t legislation in line )ith
international standards" #o)ever a preliminar! anal!sis raises a number o% onerns about the
omposition o% the proposed (ational -uthorit! %or 7rotetion o% Hitims o% $rime and
Fitnesses, the loation o% the vitims o% rime and )itnesses assistane and protetion division
)ithin the polie department, and the prohibition o% aepting assistane %rom %oreign
governments" +he #igh $ommissioner also notes that the dra%t bill re?uires publi o%%iials to
be present )hen )itnesses testi%! %rom remote loations, )hih )ill severel! onstrain the
possibilities %or evidene to be taken b! video*link %rom abroad" +he %ormer #igh
$ommissioner3s o%%er o% tehnial assistane in this area has not been aepted"
LL&$ implementation
2;" In resolution 2211, the #uman &ights $ounil reiterated its all upon the Government o% Sri
Lanka to implement e%%etivel! the onstrutive reommendations made in the report o% the
Lessons Learnt and &eoniliation $ommission (LL&$)" +he $ounil took note o% the
Government3s national plan o% ation to implement the LL&$ reommendations, although
noted that it did not ade?uatel! address all o% the %indings and reommendations o% the
$ommission and did not su%%iientl! address serious allegations o% violations o% international
human rights and humanitarian la)"
2=" In 4a! 2014, the 7resident in%ormed the Seretar!*General that 30 perent o% the LL&$
reommendations had been implemented " - Speial Dureau %or &eoniliation has been
established to assist line ministries in implementation o% various aspets o% the national plan o%
ation %or implementation o% the LL&$ reommendations" +he Government3s last update on
implementation o% the plan )as published in 8ul! 2014 "
2<" +here have been %urther steps to implement a national trilingual language poli!, inluding
the establishment o% /%%iial Languages $ommissions in t)o provines and the provision o%
+amil speaking polie o%%iers in the (orth and 9ast" - (ational .nit! $onvention )as held in
-pril and Soial Integration Feek in 8ul! to enourage soial ohesion" Sri Lanka also hosted
the Forld $on%erene on Eouth in 4a! 2014"
2@" &esettlement, reonstrution and development ativities have ontinued apae in the
northern and eastern provines, )ith the Government reporting that as o% -ugust 2014 onl!
2;,02; internall! displaed persons (=,<40 %amilies) remain to be resettled" 7rogress has also
been made in the restoration o% the eduation s!stem in the on%lit*a%%eted areas )ith 1,102
primar! shools upgraded and promising student results in both provines" +he Government
reports it has alloated an additional &s 4=2 million %or restitution and ompensator! relie% in
2014, but has !et to develop a national reparations poli! as part o% a broader transitional
:ustie proess, as reommended b! %ormer #igh $ommissioner and enouraged b! the #uman
&ights $ounil" +he #igh $ommissioner enourages the Government to involve the eleted
(orthern 7rovinial $ounil more %ull! in the design and implementation o% these
reonstrution programs"
30" /#$#& )ill losel! %ollo) %uture developments in the implementation o% the LL&$
reommendations, and report again on progress to the #uman &ights $ounil in its
%orthoming report in 4arh 2014"
Gomesti aountabilit! proesses
31" /ne o% the important initiatives taken in %ollo) up to the LL&$ )as the establishment o% a
7residential $ommission o% In?uir! to investigate ases o% abdution and disappearane
bet)een 8anuar! 1@<3 and 4a! 200@ o% persons resident in the north and east o% Sri Lanka" -s
o% -ugust 2014, the $ommission had held si6 rounds o% publi hearings in Iilinohhi, 8a%%na,
Dattialoa, 4ullaitivu and 4annar" +he $ommission is understood to have reeived 12,@@2
omplaints %rom the northern and eastern provines o% )hih 1,212 have been invited to appear
and @30 ases have been ompleted" - %urther 3,241 appliations have been reeived during the
publi hearings, although it is not lear i% these are inluded in the %igure above" -ppro6imatel!
3=4 omplaints have been reeived %rom other provines that might %all outside the sope o% the
in?uir!, as )ell as appro6imatel! 2,000 omplaints %rom %amilies o% missing arm! personnel"
32" Fhile /#$#& has not observed the proeedings at %irst hand, reports %rom independent
observers have raised onerns )ith the line o% ?uestioning b! the ommissioners and ounsel,
the ?ualit! o% translation servies, the lak o% ounselling support %or vitims and the presene
o% militar! intelligene o%%iers at some hearings" Aamilies o% the disappeared have also
omplained o% harassment and pressure b! polie, militar! and intelligene prior to and at the
time o% the hearings )hih impeded some %rom appearing be%ore the $ommission" -t the
4ullaitivu hearings in 8ul!, some testimonies revealed %amil! members had been approahed
b! o%%iials o% the +errorism Investigation Gepartment pressuring them to obtain death
erti%iates %or their missing loved ones" +he Dishop o% 4annar raised similar onerns in a
letter to the $ommission in -ugust 2014" +hese hallenges have been %lagged to the
$ommission b! ivil soiet! groups but the same problems have ontinued to be reported at
subse?uent hearings" +he Government has reported it is %inalising a >7s!ho*soial Support and
$ounselling Servies' programme %or relatives o% missing persons"
33" +he mandate o% the $ommission has been e6tended t)ie b! the 7resident, its urrent
ompletion date no) being 22 Aebruar! 2012" In 8ul! 2014, the 7resident also announed that
the mandate o% the $ommission )ould be broadened to inlude investigations into the %ats and
irumstanes that led to the loss o% li%e in the %inal stages o% the on%lit and )hether an!
individuals or groups bear responsibilit!, the adherene o% both Sri Lankan %ores and the L++9
to priniples o% international humanitarian la), as )ell as the use o% human shields and other
rimes ommitted b! the L++9"
34" +he 7resident also invited si6 international e6perts to at as an advisor! group to the
$ommission" -t the time o% this update, the role o% e6perts and the nature o% their involvement
)ere not lear, nor )hether the! )ould be supported b! independent sta%% or observe
proeedings" It )as also not lear )hat ne) investigative resoures )ould be put at the disposal
o% the $ommission, or ho) its methodolog! )ould hange to %ul%il its e6panded mandate, in
vie) o% the publi hearings alread! onduted"
32" +he other domesti investigation into alleged violations reated to %ollo) up the LL&$ are
the -rm! $ourts o% In?uir!" +he %irst stage on alleged ivilian asualties )as ompleted last
!ear, but its report has still not been published, as re?uested b! the #uman &ights $ounil to
allo) the evidene and %indings to be evaluated" (o %urther progress has been reported in the
seond stage to e6amine the video %ootage o% summar! e6eutions and other violations
broadast b! $hannel Aour"
3;" /n the other emblemati ases reported b! the %ormer #igh $ommissioner, there has been
no %urther outome" +he non*summar! proeedings to investigate the killing o% %ive students in
+rinomalee in 200; have not reahed onlusion a%ter one !ear and the seurit! %ore
personnel remanded in the ase have remained on bail" In relation to the killing o% 1= -tion
$ontre la Aaim (-$A) aid )orkers in 4uttur in 200;, the Government has indiated it is
disussing possible ooperation )ith Arane to aess )itnesses )ho are no) abroad, although
the 9mbass! o% Arane has announed that no agreement has been reahed" +he 4inistr! o%
Ge%ene also irulated a report it had ommissioned %rom a group o% unnamed e6perts )hih
makes ritiisms o% the ondut o% -$A in this ase and onludes the deaths ould have been
prevented" +he relationship bet)een this report and the %ormal riminal investigation is unlear,
and it seems an inappropriate inter%erene in the :udiial proeedings and )hih also risks
ompounding the stress and trauma e6periened b! the vitims3 %amilies"
3=" +he report o% the Sri Lankan -rm!3s investigations into the deaths o% protestors in the
inident at Fele)ir!a in -ugust 2013 has still not been published, as re?uested b! the #uman
&ights $ounil, nor have the results o% the in?uiries into deaths at Havuni!a and Felikanda
7risons in 2012"
3<" +he national in?uir! on torture ases )hih had been announed b! the #uman &ights
$ommission o% Sri Lanka at this time last !ear has not proeeded in an! %orm"
4ass graves
3@" - number o% ne) grave sites have ontinued to be disovered, but e6humations and
investigations have proeeded slo)l!" - mass grave believed to ontain more than <0 bodies,
inluding )omen and hildren, )as disovered in 4annar at the end o% 2013, and the
government ordered its e6humation and investigation" /n ; -ugust, the ourt instruted that
masonr! )ell near to the site be e6avated and that statements be reorded %rom %amil!
members o% those )ho ould be buried there"
40" In Aebruar! 2014, ommunit! members approahed the authorities, .( and I$&$
regarding groupings o% skeletal remains %ound in di%%erent areas o% 4ullaitivu" +he militar!
reported that investigations indiated that the remains )ere linked to an L++9 outpost" In
relation to the 4atale mass grave )here over 120 human remains )ere disovered in
(ovember 2012 and )here initial reports indiated that the deaths date %rom the period o% the
8H7 insurgen! in the late 1@<0s, the Government announed in -pril 2014 that it )ould be
sending the human remains to an overseas laborator! %or radio arbon dating, the results o%
)hih are not kno)n"
41" In 8une 2014, the Iathankudi 4agistrate $ourt also issued an order %or the e6humation o%
an alleged mass grave at Iurrukkalmadam ontaining the vitims o% a massare o% 4uslims b!
the L++9 in 8ul! 1@@0" +he e6humation has been postponed t)ie until (ovember 2014" It is
ritial to ensure that a redible and transparent :udiial proess is undertaken to investigate
an! mass graves that are identi%ied, )ith appropriate support %rom independent, international
e6perts"
-rbitrar! arrest and detention
42" +he Government has made signi%iant progress in the release o% detainees, reporting that o%
the thousands held at the end o% the )ar, as o% 11 -ugust 2014 onl! 114 %ormer L++9
ombatants remained in rehabilitation entres and <4 )ere under legal proeedings, either in
ustod! or on bail" (e) ases o% arbitrar! arrest and detention under the 7revention o%
+errorism -t (7+-) have ontinued to be reported" In Aebruar! and 4arh 2014, the
Government announed that a number o% %ormer L++9 %ugitives )ere attempting to re*establish
the L++9 in the north, and began a ma:or searh operation detaining over ;2 people, inluding
)omen, in various areas o% the north at that time" +his )as the most signi%iant seurit!
operation sine the end o% the )ar and reportedl! reated onsiderable pani and %ear )ithin the
ommunit!" - number o% human rights de%enders )ere arrested at that time on suspiion o%
engagement )ith %ormer L++9 adres, inluding an outspoken ativist on disappearanes 4s"
Dalendran 8e!akumari together )ith her 13*!ear*old daughter5 4r" &uki Aernando and $atholi
priest Aather 7raveen" +he #igh $ommissioner is onerned that to date 4s" 8e!akumari
remains in detention )ithout harge under the 7+-"
4ilitarisation, land a?uisition and development
43" +his must be seen in the onte6t o% the broader onerns e6pressed b! the Lessons Learnt
and &eoniliation $ommission about the degree o% militarisation in the north and its
reommendations %or the disengagement o% the militar! %rom ivilian administration ativities,
inluding the general maintenane o% la) and order" +he 7resident has rene)ed eah month
prolamations under setion 12 o% the 7ubli Seurit! /rdinane (1@4=) alling out the armed
%ores %or the maintenane o% publi order" In 8ul! 2014, the 7resident also reappointed retired
4a:or General (&etd) G"-" $handrasiri as Governor o% the (orthern 7rovine" +he
Government reports an overall redution o% 32 per ent in militar! presene sine the end o% the
)ar, inluding 4 per ent in the %irst hal% o% 2014"
44" +he militar! nevertheless ontinues to oup! and ompulsoril! a?uire private land" Aor
instane, the ompulsor! a?uisition b! the -rm! o% ;,3=1 ares o% private land in Halikamam
(orth, 8a%%na is being hallenged b! 2,1=; a%%eted lando)ners in the $ourt o% -ppeal" +he
Government reports that ne) legislation to restore land rights is sheduled to be disussed in a
parliamentar! ommittee in September and regulations %or the establishment o% mediation
boards to resolve land disputes are still to be gaBetted"
42" Sine the end o% the )ar, the .rban Gevelopment -uthorit! (.G-), )hih is part o% the
4inistr! o% Ge%ene, has undertaken signi%iant development pro:ets in $olombo aimed at
improving in%rastruture and removing shanties and slums" /%%iial estimates o% the numbers o%
%amilies to be reloated during the ne6t %e) !ears var! bet)een =0,000 J 132,000" +he program
has been ritiiBed %or laking transparen!, publi onsultation and inade?uatel! addressing
disruption to livelihoods aused b! involuntar! resettlement" +here have also been reports o%
surveillane, threats and harassment b! the seurit! %ores prior to and a%ter reloation" Aor
instane, in Aebruar! 2014, it )as reported that 2,200 %amilies )ere to be %oribl! evited %rom
privatel! o)ned properties and had been o%%ered sub*optimal housing alternatives in
ompensation" 7rotests took plae over a number o% )eeks, inluding )hen one ommunit!
ativist )as abduted a%ter he re%used to vaate his premises but )as released the %ollo)ing
da!"
-ttaks on religious minorities
4;" Like his predeessor, the #igh $ommissioner is deepl! alarmed b! the esalation in
religious e6tremism and inreasing attaks against 4uslim and $hristian minorities, largel! led
b! militant Duddhist groups" Det)een 8anuar! and -ugust 2014, /#$#& reeived reports o% at
least << ases o% attaks against individuals, plaes o% )orship, businesses and properties, or
inidents o% hate speeh direted at 4uslims" 8une 2014 sa) one o% the )orst inidents o%
setarian violene in Sri Lanka3s reent histor!, )hen violene erupted in the to)n o%
-luthgama %ollo)ing a large rall! o% the Duddhist group Dodu Dala Sena (DDS) to protest an
alleged assault a %e) da!s earlier b! a 4uslim !outh against a Duddhist monk visiting the loal
temple" -%ter the rall!, DDS supporters moved in proession through 4uslim neighbourhoods,
hanting anti*4uslim slogans" #omes, shops and mos?ues )ere reportedl! attaked and some
set ablaBe" Aour persons )ere reportedl! killed and <0 in:ured"
4=" 7resident &a:apaksa subse?uentl! visited the sene o% the lashes and promised an
investigation and stern ation against ommunal violene and ompensation %or those a%%eted"
+he perpetrators o% suh inidents have been routinel! reorded on video %ootage, )ith the
polie visibl! %ailing to take an! ation to stop the provoation and violene" (o proseutions
o% those responsible have taken plae to date" +he ne) legislation on hate speeh, proposed b!
some 4inisters during the %ormer #igh $ommissioner3s visit one !ear ago, has !et to be
advaned, nor has the Government aepted /#$#&3s o%%er o% assistane in this area" +he
#igh $ommissioner urges the Government to ensure strong ation against the groups
responsible %or suh attaks and send positive signals o% the Government3s ommitment to
protet minorit! ommunities"
4<" In a parallel development sine earl! 8une, the authorities have arrested or detained a total
o% 32< and deported 1<3 re%ugees and as!lum seekers " 4ost o% those detained are o% 7akistani
and -%ghan origin, man! o% them %rom minorit! Shia or -hmadi!a sets" Some have been
reognised as re%ugees b! .(#$& through its loal status determination proedure, )hile the
ases o% others )ere in proess" In earl! September, %ollo)ing a petition in the $ourt o% -ppeal
and negotiations bet)een the Government and .(#$&, =3 o% those detained )ere released,
but sine then arrests and deportations have ontinued" .(#$& believes 102 people o%
onern, inluding 3< 7akistanis and ;4 -%ghans, remain in detention" -s a State 7art! to the
$onvention against +orture, Sri Lanka must are%ull! abide b! its non*re%oulement obligations,
and the #igh $ommissioner enourages the Government to ooperate )ith .(#$& in
ensuring protetion and durable solutions %or suh persons o% onern"
4@" Guring the same period bet)een 8anuar! and -ugust 2014, $hristian groups have also
reported over 22 ases o% harassment and violene against individuals, lerg!, plaes o%
)orship and private propert!"
$onlusion
20" +his update sho)s the importane o% the #uman &ights $ounil3s ontinued attention to
both the urrent human rights situation in Sri Lanka, as )ell as e%%orts to ensure aountabilit!
and reoniliation %or human rights violations alleged to have ourred during the on%lit"
21" +he #igh $ommissioner urges the Government to seiBe the opportunit! presented b! the
reommendations o% the Lessons Learnt and &eoniliation $ommission to address man! root
auses and strutural issues that ontributed to the on%lit, and la! the basis %or longer*term
reoniliation" Fhile noting the steps taken to e6pand the remit o% the $ommission o% In?uir!
on missing persons, he hopes the Government )ill initiate a omprehensive truth seeking
proess, as reommended b! his predeessor and ehoed b! the #uman &ights $ounil"
22" 4ean)hile, the #igh $ommissioner urges the Government to end the limate o%
intimidation, threat and harassment against ivil soiet! ators advoating %or :ustie and
human rights, as )ell as initement to hatred and violene against the ountr!3s 4uslim and
$hristian minorities, )hih )ill onl! undermine the prospets %or peae and reoniliation"
23" (ot)ithstanding the ommendable progress the Sri Lankan Government has made in
resettlement and reonstrution, the #igh $ommissioner %irml! believes that a more
%undamental and %ar*reahing aountabilit! proess in Sri Lanka, addressing both past and
ongoing violations, is absolutel! neessar! %or Sri Lankans to ome to terms )ith their past,
end impunit!, ahieve reoniliation bet)een ommunities and strengthen the rule o% la)" +he
#igh $ommissioner intends the omprehensive investigation mandated b! the #uman &ights
$ounil and being undertaken b! /#$#& to make an important ontribution in this regard" #e
there%ore appeals one again to the Sri Lankan authorities to ooperate %ull! )ith the
investigation, as )ell as )ith the relevant Speial 7roedures mandate holders, in the long*term
interests o% all Sri Lankans"