The full text of the statement by UN High Commissioner of Human Rights Zeid Ra'ad Al-Hussein at the end of his visit to Sri Lanka is given below.

Colombo, 9 February 2016

Good afternoon, and thank you for coming.

I come to you shortly after wrapping up my visit here with meetings with President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe and the Leader of the Opposition, in which we discussed a wide range of issues that will have an important bearing on the future of Sri Lanka. Since arriving here on Saturday, I have also met the Ministers of Foreign Affairs, Justice, National Dialogue, and Prison Reforms, Rehabilitation and Resettlement, as well as the Defence Secretary, Chief of Defence Staff, Army and Air Force Commanders and the Chief of Staff of the Navy. 

In addition, here in Colombo, I visited the Human Rights Commission of Sri Lanka, and the Task Force that will lead the forthcoming National Consultations on transitional justice. I also met a number of Sri Lanka’s finest thinkers and analysts, including members of its vibrant civil society organizations.

On Sunday, I visited the Northern and Eastern Provinces, where I met the Chief Ministers and members of the Provincial Councils as well as the Governors, and yesterday morning I was honoured to visit the revered Sri Dalada Maligawa, or Temple of the Sacred Tooth in Kandy, where I was graciously received by the Mahanayakas (Chief Monks) of the Malwatte and Asgiriya Chapters. I am very grateful to them for according me this great privilege, as well as to the members of the Hindu, Muslim and Christian communities I met in Colombo, Jaffna and Trincomalee.

This has been a much more friendly, cooperative and encouraging visit than the one my predecessor endured in August 2013, which as you may recall was marred by vituperative attacks on her integrity, simply because she addressed a number of burning human rights issues that any High Commissioner for Human Rights would have raised at that time.

I am aware that some of the same people have given me a similar welcome — I’ve seen the posters — but I am pleased that in the new environment in Sri Lanka, all voices, including the moderate voices of civil society, can at last be heard, even if sometimes the voices of hatred and bigotry are still shouting the loudest, and as a result are perhaps being listened to more than they deserve.

Sri Lanka has come a long way in the past year, as you, the media, are only too aware — given the much greater freedom you now have to write what you wish to write, and report what you feel you should report. The element of fear has considerably diminished, at least in Colombo and the South. In the North and the East, it has mutated but, sadly, still exists.

Virtually everyone agrees there has been progress, although opinions differ markedly about the extent of that progress. The ‘white van’ abductions that operated outside all norms of law and order, and — as intended — instilled fear in the hearts of journalists, human rights defenders and others who dared criticise the Government or State security institutions, are now very seldom reported. The number of torture complaints has been reduced but new cases continue to emerge — as two recent reports, detailing some disturbing alleged cases that occurred in 2015, have shown — and police all too often continue to resort to violence and excessive force.

Several recent highly symbolic steps have been taken that have had a positive impact on inter-communal relations, including the decision taken to sing the national anthem in both Sinhala and Tamil on Independence Day, for the first time since the early 1950s. The following day, in a reciprocal gesture, the Chief Minister of the Northern Province paid a respectful visit to a Buddhist temple in Jaffna. And in January, the President pardoned the convicted LTTE prisoner who once plotted to assassinate him. These are significant steps on the path of reconciliation between these two communities, both of which bear their own deep scars from the years of conflict. I was pleased to learn that some major inter communal events are planned in the North and East to bring together large numbers of young people from all across Sri Lanka. In both provinces, the Governors are now civilians, which is another key improvement.

One of the most important long-term achievements over the past year has been the restoration of the legitimacy and independence of Sri Lanka’s Human Rights Commission. The appointment of new leadership of great integrity, through the proper constitutional process, offers a new start to revitalise this all-important national institution. I hope the Government will now swiftly provide it with the resources, and above all the institutional respect it needs, to enable it to fulfil its great potential, not only to provide human rights protection for all Sri Lankans, but also to offer expert advice on laws and policies from a human rights perspective.

Despite these advances — and others I have not mentioned — after nearly 30 years of conflict and acrimony, that not only cost tens of thousands of lives but also eroded so many vital components of the State, Sri Lanka is still in the early stages of renewal.

During this visit, I have met Sinhalese, Muslim and Tamil victims of the ruthless LTTE and other paramilitary groups. Family members of those who were assassinated. Mothers of children who were abducted or recruited. Muslims from the north who were forcibly evicted and expelled from their homes. Mothers of soldiers who never returned, and some of the many thousands of war widows from both sides. I am all too conscious of the suffering and fear that the years of bombings, killings and other abuses inflicted on this society.

I also met the mothers and wives of people who were apprehended, or surrendered to the security forces, and then disappeared. I have met relatives of people who have been in detention for years, without being charged with any crime, or who were charged solely on the basis of allegedly forced confessions. I met one woman carrying the emotional scars of her rape by security forces nearly 30 years ago during the JVP insurgency. Her pain, and that of all these victims and their families is terrible to behold, and it is cruel to prolong it if ways of alleviating it are available.

Distracted by this conflict, Sri Lanka has also failed to address critical issues facing women, people with disabilities, people with different sexual orientations, and other groups suffering discrimination such as the Plantation Tamils in Central Sri Lanka. I hope that these and other neglected or discriminated-against groups and minorities will now receive the attention they deserve, not least in the constitutional reform process.

Repairing the damage done by a protracted conflict is a task of enormous complexity, and the early years are crucial. If mistakes are made, or significant problems are downplayed or ignored during the first few years, they become progressively harder to sort out as time goes on. While the glass is still molten, if you are quick and skilful, you can shape it into a fine object that will last for years. Once it starts to harden in misshapen form, it becomes more and more difficult to rectify. Likewise if any of the four key elements of post conflict resolution — truth-telling, accountability, reparations and institutional reform — are neglected or mishandled, unresolved resentments will fester, new strains will emerge, and a tremendous opportunity to establish long-term stability, which in turn should result in greater prosperity, will be lost.

In the case of Sri Lanka, large parts of the country have been physically, politically, socially and economically separated from each other to a greater or lesser degree for much of the past three decades, and the effort to rebuild trust in the State, and between communities, will take years of political courage, determination and skilled coordination and planning.

When you visit Colombo, you see a bustling city, a mass of construction sites, clean streets, and flourishing businesses. You see a thriving tourist industry.

When you visit the North and the East, you see, in patches at least, damaged and depressed areas, poverty and continued displacement.  Signs of physical development, certainly. And positive vision and ambitions among the elected representatives. But also more ominous signs of hopes that are not yet bearing fruit, and optimism that is already showing some signs of souring.

While there is much support for the very important proposed Constitutional reform, which should ensure that the rights of all Sri Lankans are fully recognised, there are also fears that at a later stage this may be achieved at the expense of other equally important processes such as truth-telling, justice and accountability.

While the Task Force appointed to lead the National Consultation process includes high quality representatives of civil society, there are concerns — including among the TaskForce members themselves — that the process is too rushed and has not been properly planned or adequately resourced.

There are some measures that could be taken quickly which would reverse this trend of draining confidence. First of all, the military needs to accelerate the return of land it has seized and is still holding to its rightful owners. While some land has been returned in the Jaffna and Trincomalee areas, there are still large tracts which can and should be swiftly given back. Once the land has been given back, the remaining communities of displaced people can — if given the necessary assistance — return home, and a lingering sore will have been cured once and for all. In parallel, the size of the military force in the North and the East can be reduced to a level that is less intrusive and intimidating, as a first step in security sector reform.

The Government must also quickly find a formula to charge or release the remaining security-related detainees. In addition, the Prime Minister’s recent statement that nearly all the disappeared persons are dead has created great distress among their families, who until then still had hope. This statement must be followed by rapid action to identify precisely who is still alive and who has died or been killed, properly account for their deaths — including whether or not they were unlawful — identify the location of their remains, and provide redress.

High on the agenda in every meeting I have had here, of course, were issues relating to the implementation of the resolution adopted by the UN Human Rights Council on 1 October last year, a resolution that was co-sponsored by Sri Lanka and agreed with the consensus of all 47 Member States of the Council. The resolution laid out an eminently sensible pathway for the country to follow, and my Office was charged with following up on its implementation, including by reporting back to the Council on progress — or lack of it — next June, and again in March 2017.

The Human Rights Council resolution, and the comprehensive report on which it was based, and which it endorsed, aim to promote reconciliation, accountability and human rights. The release of the report, and the ensuing resolution, unleashed a great surge of hope that finally we were all turning a corner in terms of starting to fully recognise what happened during the final years of Sri Lanka’s hugely corrosive and tragic conflict.

The Human Rights Council resolution was in many ways a reflection of the reform agenda that Sri Lankans had voted for in last year’s Presidential and Parliamentary elections. It sets out some of the tough steps that must be taken to achieve reconciliation and accountability and, through them, lasting peace.

There are many myths and misconceptions about the resolution, and what it means for Sri Lanka. It is not a gratuitous attempt to interfere with or undermine the country’s sovereignty or independence. It is not some quasi-colonial act by some nebulous foreign power. The acceptance of the resolution was a moment of strength, not weakness, by Sri Lanka. It was the country’s commitment to both itself and to the world to confront the past honestly and, by doing that, take out comprehensive insurance against any future devastating outbreak of inter communal tensions and conflict.

The world wants Sri Lanka to be a success story. It has seen the opportunity for lasting success in Sri Lanka, and that is why it has invested so much time and energy into providing that pathway laid down in last October’s Human Rights Council resolution. I urge all Sri Lankans to make an effort to understand what that resolution and the report underpinning it actually say, and I urge all those in a position to do so, to make a greater effort to explain why the recommendations are so important, and why the United Nations and all those individual States — Sri Lanka included — endorsed them. Then perhaps the siren voices, who wish to undermine all reforms, all attempts to provide justice, accountability and reconciliation, will get less traction. The people who are trying to undermine confidence in these crucial initiatives are playing a game that is endangering the future peace and stability of this country.

For a country to be stable, to be a success, it needs to have a strong, impartial and credible justice system. The security services and the judiciary must function in the interests of all its citizens. And it was in these areas, that the country’s key institutions were seriously corroded and corrupted during three decades of conflict and human rights violations, including through its reliance on the draconian Prevention of Terrorism Act and other emergency powers. And it is the integrity of these institutions, which depends on having the trust of the population, that the international community is trying hard to help Sri Lanka restore through the implementation of the recommendations contained in the report and in the resolution.

Sri Lanka has many excellent judges, lawyers, and law enforcement officials. But over the years the system they depended on, and which depends on them, became highly politicised, unbalanced, unreliable. The country’s history over the past few decades is littered with judicial failures. Virtually all Sri Lankans recognise this, and the Prime Minister commented on it at great length, and with admirable candour, during a 27 January debate in Parliament. Virtually every week provides a new story of a failed investigation, a mob storming a court-room, or another example of a crime going unpunished. Sexual violence and harassment against women and girls is particularly poorly handled by the relevant State institutions — especially when the alleged perpetrators are members of the military or security services — and, as a result it remains all too widespread.

It is for these reasons that the report and the Human Rights Council resolution suggest international participation in the accountability mechanisms set up to deal with international crimes and gross human rights violations committed by individuals on both sides. This is a practical proposal to solve the very real and practical problems I mentioned earlier. But it is only one aspect — albeit a very important one — of the broad range of measures outlined in the 2015 UN report and resolution, and the extent to which it has been allowed to dominate the debate in Sri Lanka in recent days is unfortunate. Extreme nationalistic tendencies lay at the heart of Sri Lanka’s conflict, and they should not be allowed to undermine the country’s long term chances of recovery once again.

Only a year ago, large numbers of Sri Lankans voted for change, for reconciliation, for truth, for justice. It would be a great shame if a minority of extreme voices — on both sides — who are bent on disruption, were allowed to prevail by creating fear where there should be hope. Sri Lanka needs a serious debate about these very serious issues, on which its future depends. This needs to start with a thorough, frank and honest discussion of the detailed findings of the September 2015 UN report, as it is important that all Sri Lankans rally behind the process and better understand the point of view of all the victims on all sides.

The Government has shown the will to make great changes. But from the victims in the North and in the East, and also from some of the wisest analysts here in Colombo, I have heard fears that the Government may be wavering on its human rights commitments. I was therefore reassured this morning to hear both the President and the Prime Minister state their firm conviction in this regard.

Let me make it as plain as I can: the international community wants to welcome Sri Lanka back into its fold without any lingering reservations. It wants to help Sri Lanka become an economic powerhouse. It wants Sri Lanka’s armed forces to face up to the stain on their reputation, so that they can once again play a constructive role in international peace-keeping operations, and command the full respect that so many of their members deserve.

But for all that to come to fruition, Sri Lanka must confront and defeat the demons of its past. It must create institutions that work, and ensure accountability. It must seize the great opportunity it currently has to provide all its people with truth, justice, security and prosperity. I, for my part, will do all in my power to help that come about, and will continue to offer the services of my Office to accompany Sri Lanka through this very difficult process.

Thank you

Prime Minister Ranil Wickremesinghe contradicted President Maithripala Sirisena on the international involvement in a war crimes investigation mechanism, adding that “we have not ruled that out”.

In a recent interview with Channel 4 News, Wickremesinghe said that “We have not ruled that out. We are standing by our commitment in the Geneva resolution. We are putting together a mechanism for accountability and reconciliation by May.”

Meanwhile, he also stated that those that surrendered at the end of the war and are still missing in Sri Lanka are ‘most probably dead’.

“This is why the missing persons office and the TRC are there. We have to find out what happened”, he said.

“There are no detention centres in the north or the south. There are 292 in detention are known to the government no others”, the Prime Minister added, commenting on the reports of detention centres.

However, Wickremesinghe went on to dispute UN estimates that 40,000 civilian deaths, saying that a further investigation would be required.

Commenting on the number of civilian casualties, “We have a question mark as whether it is 40,000 but we are interested in finding out the actual number. We know there were casualties there had to be casualties in that type of fight. But we are interested in standing with the international community to determine the final numbers.”

(With inputs from The Tamil Guardian)

A group of 40 civil activists and 11 organizations have called for a number of measures to be introduced to ensure accountability, reconciliation and human rights in Sri Lanka and have demanded for a special court with the participation of foreign judges and other legal experts to investigate alleged war crimes during civil war.

The participation of foreign judges was a recommendation read out by UNHRC Chief Prince Zeid last year. However, the government managed to change the initial resolution draft to prevent this proposal from being included. The government has repeatedly insisted that foreign judges will not hear cases.

The full statement is given below.

Statement on Accountability, Reconciliation and Human Rights in Sri Lanka

1. We the undersigned civil society activists and organisations from Sri Lanka, wish to place on record the following observations on human rights, accountability and reconciliation in Sri Lanka. On the eve of the one-year anniversary of the presidential election of 8th January 2015, we note some progress made in the last twelve months. Such progress includes the enactment of the Nineteenth Amendment to the Constitution, the appointment of independent institutions including the Human Rights Commission of Sri Lanka, the release of some lands in the Northern and Eastern Provinces, and symbolic reparations including the Declaration of Peace on 4th February 2015. While welcoming these, we note that much more is needed if Sri Lanka is to experience genuine peace and reconciliation. We therefore urge the Government of Sri Lanka to immediately initiate much needed reforms in 2016. 

2. We call upon the government to fully implement its Resolution 30/1 adopted at the 30th Session of the UN Human Rights Council. We emphasis that the solemn commitments made by the government to victims, Sri Lanka’s citizenry and the international community constitute the necessary basis on which accountability, reconciliation and human rights in Sri Lanka should be advanced. Any failure to do so in good faith will amount to a betrayal of victims and affected communities, and would drive them to lose hope of receiving any justice. 

3. In implementing this Resolution, we wish to highlight the following priority areas for progress in 2016:

a. Legislation on judicial mechanism: In fulfilment of the government’s commitment under Operative Paragraph (OP) 6 of Resolution 30/1, we reiterate that the government must, in 2016, establish a Special Court with an independent Special Counsel’s Office exercising prosecutorial and investigative functions. The Court should comprise Trial and Appeals Chambers, an Office for Victim Support and Protection, an Office for the Accused and a competent registry. The Court must also have an effective outreach division. Most critically, the legislation must provide for the participation of foreign judges, defence lawyers, prosecutors and investigators in the work of the Special Court. This participation is necessitated by the lack of public confidence in the regular criminal justice system and the need to infuse the Court with the core competencies necessary to try complex cases involving systematic crimes. 

b. Legislation on international crimes: We also reiterate the importance of new legislation enabling prosecutions of past atrocities as war crimes and crimes against humanity, in terms of Article 13(6) of the Constitution. In keeping with OP 7, such legislation must incorporate modes of liability with respect to international crimes such as command responsibility and joint and co-perpetration.

c. Government proposals on transitional justice: Besides establishing a Special Court along the lines described above, the government must also honour its commitments in terms of OP 4 and OP 5 to establish an Office for Missing Persons (OMP) to trace the fate of the disappeared, a Commission for Truth, Justice, Reconciliation and Non-Recurrence, and an Office of Reparations. We call upon the government to expedite the establishment of the OMP and ensure that its work includes strong involvement of families of disappeared persons, civil society and international experts. 

d. Support from OHCHR: The government must clarify what forms of support it intends to obtain from OHCHR as envisaged by OP 2, and whether such support includes an OHCHR Office in Sri Lanka.

e. National consultation: The government must ensure that the national consultation on processes of truth-seeking, justice, reparations and guarantees of non-recurrence as envisaged by OP 3 is inclusive and transparent.

f. Reparations: We urge the government to ensure reparations include areas of restitution, compensation, rehabilitation and memorialisation which adhere to international standards and best practices. The government must therefore formulate and publish a comprehensive reparations plan that will be implemented by the new Office of Reparations.

g. Security sector reforms: As envisaged by OP 8, the government must launch comprehensive security sector reforms including the development of policy guidelines on the retention and recruitment of military personnel implicated in serious crimes involving human rights and IHL violations. The government must accordingly undertake to vet all personnel prior to their deployment in overseas peacekeeping missions and ensure that no person suspected of human rights or IHL violations is deployed.

h. Victim and Witness Protection: The government must revise the Assistance to and Protection of Victims of Crime and Witnesses Act of 2015 to bring it in line with international standards as envisaged by OP 9. Such revisions must include the establishment of an effective witness protection programme outside the control and purview of the regular law enforcement apparatus. In particular, the Act must be revised to ensure that the Authority tasked with implementing the Act is independent and not controlled by state functionaries. A witness protection programme must be capable of providing protection to all victims and witnesses including those involved in cases against the police.

i. Land and displacement: As envisaged by OP 10, the government must release all remaining private lands currently occupied by the military. We are particularly disturbed by the continuing military occupation of private land, particularly in the Vallikamam area of the Northern Province and in Sampur in the Eastern Province. A significant number of persons from the Northern and Eastern Provinces continue to be displaced. One of the major causes of such continued displacement is the government’s failure to release lands occupied by the military. We also note with concern that although 25 years have passed, the government has not taken adequate steps to facilitate the voluntary return of Northern Muslims forcibly expelled in 1990. We call upon the government to formulate and adopt a National Resettlement Policy that adequately addresses these concerns, and to incorporate the existing National Involuntary Resettlement Policy into law.

j. Impunity: As envisaged by OP 11, we call upon the government to investigate and prosecute perpetrators of attacks on journalists, human rights defenders, members of religious minority groups, and religious places of worship. 

k. Security legislation: As envisaged by OP 12, the government must fulfil its commitment to review and repeal the Public Security Ordinance of 1947 and the Prevention of Terrorism Act of 1979 and replace these laws with anti-terrorism legislation that comply with international best practices.

l. Enforced disappearances: We note the thousands of victims of disappearances who continue to go before numerous state initiatives in search of their loved ones. The establishment of the promised OMP should be expedited to address these concerns. We urge the government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and criminalise enforced disappearances under domestic law.

4. We note with concern the continued harassment of civilians in the Northern and Eastern Provinces by military intelligence officials and the Criminal Investigation Department of the Police. We are particularly disturbed by reports that former combatants and others who underwent so-called rehabilitation under the PTA regulations were harassed during 2015. We call upon the government to end such harassment, dismantle illegal and unconstitutional rehabilitation programmes and release all remaining political prisoners from custody.

5. We note with concern the longstanding issue of sexual violence and gender-based violence in Sri Lanka, and call upon the government to formulate a comprehensive strategy in 2016 to prevent future violence and to punish perpetrators. We call upon the government to fulfil its commitment contained in OP 17 to issue instructions clearly to all branches of the security forces that violations of human rights and IHL are prohibited and that those responsible will be investigated and punished. While welcoming the recent rape convictions in the High Courts of Jaffna and Nuwara Eliya, we note the significant length of time taken to dispose these cases. We accordingly call upon the government to establish a special mechanism in 2016 to expedite cases of sexual violence against women and children. 

6. We also note with concern continued violations of torture, evictions and surveillance of victims and community groups across Sri Lanka and the need for authorities to ensure steps are taken to prevent such practices from occurring. 

7. We note the need for confidence building measures, including what has been listed above. The release of political prisoners and the reform of security legislation are key areas that can provide confidence with respect to the government’s sincerity towards genuine reconciliation. 

8. We reaffirm the importance of transparent processes and the availability of and access to information. We accordingly welcome the government’s decision to publish a draft Right to Information law, and call upon the government to enact this law in 2016 without further delay.

9. We welcome the announcement that Parliament will sit as a Constitutional Committee on 9th January 2016 with a view to formulating a new Sri Lankan Constitution. We call upon the government to ensure a comprehensive consultative process whereby the public’s views on the contents of a new Constitution are obtained and incorporated into the final version to be tabled for debate in Parliament. We hereby call upon the government and all political representatives to commit to a political and constitutional settlement of the ethnic conflict based on meaningful power sharing.

Signatures:

Individuals

1. A. M. Faaiz - Attorney-at-law

2. Anberiya Hanifa

3. B. Gowthaman 

4. Balasingham Skanthakumar

5. Bhavani Fonseka – Attorney-at-law

6. C. Perera

7. Deshamanya Godfrey Yogarajah

8. Dr. Leonie Solomons

9. Dr. Paikiasothy Saravanamuttu

10. Emil van der Poorten - Community activist

11. Gayathri Gamage

12. Hans Billimoria 

13. Kusal Perera – Journalist

14. Lesley Sirimane

15. Luwie Ganeshathasan

16. Mahendran Thiruvarangan

17. Mario Gomez  

18. Marisa de Silva

19. P.M. Mujeebur Rahman – Journalist, Mannar

20. Nicola. S

21. Nilantha Ilangamuwa – Journalist

22. Nimalka Fernando 

23. Niran Anketell - Attorney-at-law

24. Nishandeny Ratnam

25. P. Selvaratnam

26. Rani Perera

27. Rev. Fr. Nandana Manatunga

28. Rev. Sr. Noel Christine Fernando

29. Rosemarie Fernando

30. Ruki Fernando

31. S.C.C. Elankovan

32. S.G. Nishanthini

33. Sampath Samarakoon

34. Shreen Abdul Saroor

35. Sudarshana Gunawardana

36. Suren D. Perera - Human rights lawyer and activist

37. T. Mathuri – Attorney-at-law

38. Tanuja Thurairajah

39. Thiruni Kelegama

40. Y. K. Aruni Fernando

Organizations

41. Alliance Development Trust

42. Centre for Policy Alternatives (CPA)

43. INFORM Human Rights Documentation Centre

44. International Centre for Ethnic Studies (ICES)

45. International Movement Against All Forms of Discrimination and Racism (IMADR) Asia

46. Mannar Women's  Development Federation (MWDF)

47. Muslim Women Development Trust (MWDT), Puttalam

48. Rights Now Collective for Democracy

49. South Asia Centre for Legal Studies (SACLS)

50. The Grassrooted Trust

51. Women's Action Network

TNA MP M.A. Sumanthiran stated that the government has to implement the UNHRC Resolution since it was not only a consensual resolution, but one that is ‘owned by Sri Lanka’.

Speaking to Asian Mirror on Monday on the resolution, Sumanthiran pointed out that different opinions have been raised on the resolution even by certain ministers in the government. However, since Sri Lanka is a co-sponsor of the resolution, its provisions have to be implemented without picking and choosing, he elaborated.

The constituent party leaders of the TNA met yesterday to discuss several matters including the release of political prisoners and the UNHRC resolution. Sumanthiran said that the meeting was a routine one. The TNA decided to wait for the response of the government regarding the release of political prisoners, he added.

Suspected ex-LTTE detainees recently launched a hunger-strike in prisons across the island, demanding their release. As a result, President Maithripala Sirisena pledged to find a solution to the issue by November 7.

Cabinet Spokesman Dr. Rajitha Senaratne today made a controversial statement at the weekly Cabinet press briefing when he said that international experts could be involved as judges if the government gives its consent.

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Speaking at the weekly cabinet press briefing, Senaratne said that international experts could contribute to an investigation as observers, technical assistants, legal experts or judges, but they can be involved only with the consent of the Sri Lankan government. Therefore, there should not be any unnecessary fear or doubt on such a mechanism, he said.

However, this is the first time that the government has indicated the possibility of international judges being used in the investigation. The government, until now, clearly said that the cases regarding war crimes allegations will be heard by Sri Lankan judges.

Meanwhile, Senaratne also said that requesting foreign expertise was nothing new in Sri Lanka and has been done in the past in several high-profile murder investigations.

Senaratne also argued that the Paranagama Commission Report is even more critical than the Office of the High Commission of Human Rights Investigation on Sri Lanka (OISL) report. If the Paranagama Report was released before the UNHRC Resolution, the latter could have been even more critical of Sri Lanka, he argued.

The Paranagama Report clearly states that the white flag incident, the Channel 4 documentaries and incidents such as the death of Charles and Isaipriya should be investigated, Senaratne said. The UN report does not mention specific incidents and is therefore less critical, he added.

Senaratne also pointed out that the UN has not mentioned any specific time frame for the investigation. It cannot be done in haste and will take a certain period of time, he pointed out.

Dravida Munnetra Kazhagam leader and former Tamil Nadu Chief Minister M. Karunanidhi on Monday urged the Indian central government to move a private member resolution in the United Nations Human Rights Commission (UNHRC) seeking an international inquiry into the alleged war crimes committed by the Sri Lankan Army in the last phase of the civil war.

In a statement issued yesterday, he said that Sri Lankan President Maithripala Srisana’s assertion that his county would only allow a domestic and not a hybrid inquiry was a clear proof that Sri Lanka never bothered to abide by any rules.

“Countries like the United States of America and the United Kingdom that moved the resolution and countries like India that supported it should realise the real face of Sri Lanka,” he said.

Alleging that Sri Lanka’s stand on the issue was against human rights, Karunanidhi said that India should take up the issue with other countries and arrange an international inquiry with their support.

“A resolution by India for an international inquiry will fulfil the long pending demand of the Tamils across the world. It will also provide India an opportunity to correct itself,” he said.

(With inputs from The Hindu)

President Maithripala Sirisena rejected the claims that the mechanism to be introduced to investigate alleged war crimes is a hybrid court.

Giving a special statement following his return to the island last evening, Sirisena said that any mechanism will be introduced according to the constitution. He added that he would call for an all party conference to discuss the solutions to the rights issues.

The President also said that he would call a forum for scholars in the country and abroad to express their views for this purpose.

Answering the claims that this process has singled out Sri Lanka, Sirisena said such resolutions have been moved against some other countries as well.

He said most countries dragged those inquiries for a long period but Sri Lanka would not burden the people.

Sirisena pledged that this issue will be solved within a short period without causing any damage to any party. There will be no talk of electric chairs again, he stressed.

Coming out strongly against a UN resolution that endorsed a domestic probe in Sri Lanka over alleged war crimes, Tamil Nadu Chief Minister Jayalalithaa on Friday expressed deep disappointment and anguish while DMK chief Karunanidhi termed it shocking. Also, both Jayalalithaa and Karunanidhi blamed the Centre for not acting on a September 16 resolution of the Tamil Nadu Assembly seeking an international probe. "The resolution passed yesterday will in no way render justice to Sri Lankan Tamils. This resolution is in favour of Sri Lankan government and adversarial to Sri Lankan Tamils," Jayalalithaa said yesterday in a statement.

UN Human Rights Council had yesterday adopted a resolution paving the way for a probe involving foreign judges and prosecutors into the alleged war crimes in Sri Lanka. Although the resolution has features like participation of foreign judges it would in no way be equal to an international judicial probe, Jayalalithaa said. "This weak resolution adopted by perceiving a change of heart of the Srilankan government will not do any good to Srilankan Tamils," she said. 

Blaming the Centre, Jayalalithaa said "the UN resolution shows that the union government did not take any steps over the unanimous resolution adopted by the Tamil Nadu Assembly."

Recalling writing to Prime Minister Narendra Modi over the issue seeking action on the Tamil Nadu Assembly resolution, she said "however, that the Central government has not taken any positive steps over this issue has caused unhealable wound." Tamil Nadu Assembly had unanimously adopted a resolution asking the Centre to move a "strong resolution" in the UNHRC for an international probe into the alleged war crimes in the 2009 war in Sri Lanka. "I had clearly stated in the Tamil Nadu Assembly that the Indian government had the duty to prevent a resolution asking Sri Lanka itself to probe into war crimes," she said.

Also, she had pointed out that a September 1 resolution of the Srilankan Northern Provincial Council had sought an international probe. International probe was sought so as to ensure justice, to strengthen the Council's resolution and in deference to the feelings of all Tamils, she said. 

Expressing shock over UN resolution, Karunanidhi said it was tantamount to vesting the power to probe in the very hands of the accused and doubted if even such a watered down version would be implemented.

(PTI)

India told Sri Lanka at the 30th Session of the UN Human Rights Council (UNHRC) in Geneva on Thursday, that “meaningful devolution of authority” to the provinces under the 13th Amendment of the Sri Lankan Constitution, and building on it, are essential for ethnic reconciliation in the island nation.

Speaking after the consensual adoption of the US-led resolution on Reconciliation, Accountability and Human Rights in Sri Lanka, which Lanka had co-sponsored with 36 other members, Indian Ambassador Ajit Kumar said that it is India’s “firm belief” that the way to reconciliation is through devolution of power.

India hopes that given the “sagacity and political will” of its leadership, Lanka will move towards “genuine” reconciliation and development, Kumar further said. “India has always supported efforts to preserve Sri Lanka’s character as a multi-ethnic, multi-lingual and multi-religious society in which all citizens, including the Sri Lankan Tamil community, can live in equality, safety and harmony, and prosper and fulfill their aspirations within a united Sri Lanka,” he emphasized.

The 13th Amendment to the Constitution was passed in Parliament following the Rajiv Gandhi - JR Jayawardene Indo-Lanka Accord on 1987.

(With inputs from The New Indian Express)

The US-sponsored resolution on Sri Lanka, which was first tabled at the UNHRC on September 24, was adopted without a vote today.

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Sri Lanka also co-sponsored the resolution, which allows for a domestic mechanism of investigation, with foreign support.

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