An Oral Statement to the 11th Special Session of the UN Human Rights Council on Sri Lanka from the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status
SRI LANKA: Human Rights Council warned from producing weak outcome, upholding impunity
Thank you Mr. President,
The Asian Legal Resource Centre (ALRC) strongly condemns the grave crimes committed by the brutal LTTE terrorist organization. These include terror attacks on civilians, using civilians as human shields, the killing of large numbers of persons after capture, and the forced recruitment and use of child soldiers.
The ALRC is however gravely concerned that the Council may make an historic blunder by producing an outcome that fails to condemn the gross violations of international humanitarian law and human rights allegedly committed by the government of Sri Lanka. Will the Council deny the validity of the Geneva Conventions and international human rights instruments by failing to produce a proportionate and relevant outcome to this session?
The ALRC welcomes the High Commissioner’s renewed offer to set up a field presence, notably in light of: the lack of information about the fate of many in the conflict-affected areas; past and ongoing human rights violations committed with impunity; and serious threats to those working to shed light on rights abuses, including the media, human rights defenders, and victims and witnesses of IHL and human rights violations. The Council must remain seized of the situation in Sri Lanka, until such time as the current system of impunity has been verifiably dismantled.
The government continues to show disdain and unwillingness to meaningfully address violations, evidenced by the lack of credible investigations and prosecutions concerning the many cases of torture, disappearances and other grave abuses, giving rise to concerns about continuing impunity. The Council must ensure that independent, credible and effective monitoring, investigations and prosecutions take place in Sri Lanka. The country’s failed institutions of the rule of law must be overhauled as a result, with international monitoring a necessity until this has been ensured.
Increasing suppression of information and repressive acts against the press and human rights defenders, forcing many to flee the country and to not attend this session out of fear for their security, must be halted. Any that express views contrary to the government line currently risk being branded as Tamil Tigers and face reprisals, including death.
The government must immediately locate and make public the whereabouts of all disappeared persons, and hold accountable those responsible. Victims who seek redress and reparation currently pay the price: police torture victim Gerald Perera was assassinated on November 21, 2004, days before he was to give evidence against the police in court. Sugath Nishanta Fernando, who was a fundamental rights applicant concerning torture by the police, was assassinated on September 20, 2008. His lawyer has since been threatened and his offices were burned to the ground on January 30, 2009. The list goes on.
The concept of sovereignty is being misappropriated in order to cover up a litany of abuses. Despite numerous allegations of widespread, gross abuses, many of which are not conflict-related, it is feared that this Council will produce an outcome that ignores violations, obstructs international monitoring, ensures impunity and removes prospects for future scrutiny by the Council. This would be wholly unacceptable and all those who favour such an outcome are guilty of double standards and are complicit in covering up gross violations in Sri Lanka.
Thank you
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Webcast video: http://webcast.un.org/ramgen/ondemand/conferences/unhrc/special/11th/hrc090527am2-eng.rm?start=00:42:30&end=00:45:42
