7/30/2019 CHRI_SLCPJ Joint Letter to the Commonwealth SG_17 11 2012 (1)

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17 11 2012

To: The Commonwealth Secretary-General

Open Letter

Dear Secretary-General

We write once again to bring your attention to the disturbing state of human rights in Sri Lanka and the grave implicationsof holding the 2013 Commonwealth Summit in that country. We have previously drawn your attention to the UNSecretary Generals Panel of Experts, which found serious allegations of international humanitarian law violations in SriLanka credible and called for international investigations as well as justice and accountability. These calls have beenwidely echoed by a number of governments and credible international actors all over the world. Several UN Experts havealso found evidence of grave human rights violations such as extrajudicial killings and there are regular reports ofongoing human rights violations within Sri Lanka, including serious allegations such as enforced disappearances. Basic

freedoms such as freedoms of expression have been under severe threat, making Sri Lanka one of the most dangerousplaces in the world for independent media.

Much of this has now re-entered the international limelight with UNs admission of its own failure to carry out its roleduring the end of the Sri Lankan civil war. The UNs latest report clearly shows that Sri Lanka willfully obstructedhumanitarian work and engaged in the intimidation of neutral international actors in order to ensure that there were nowitnesses to human rights and humanitarian law violations and massive civilian deaths.

As demonstrated most recently, in its actions threatening devolution and the judiciary, Sri Lanka has once again made itswillingness to act unconstitutionally and against the Commonwealths core values of rule of law, human rights, andseparation of powers, very clear.

Much credible documentation now exists on the ways in which independent state institutions such as the Sri LankaHuman Rights Commission have been stifled through executive interference. In a Statement released on 14 November

2012 the UN Special Rapporteur on independence of judges and lawyers was heavily critical of the Governmentscontinued attacks on the judiciary.The government is now in the process of impeaching the Chief Justice. We welcomeyour recent expression of concern on this. However, we urge you to also take account of the cumulative effect of a seriesof such actions by the government, which together make holding the Commonwealth Summit in the countryinappropriate.

The Canadian Prime Minister has already asserted that he would not attend the Commonwealth Summit in Sri Lanka tillthe human rights situation in the country improves. On 14

thNovember 2012 a powerful committee of the UK Parliament

recommended that the UK Prime Minister should not attend the Commonwealth Summit.

Even as disquiet on the question of holding the Commonwealth Summit in Sri Lanka increases, the CommonwealthSecretariat has In fact pushed for full attendance.It is morally indefensible to continue to stand by and allow Sri Lanka tounconditionally host the associations premier meeting and go on to Chair for the next two years. This would seriouslyundermine the Commonwealths values, which have only recently been re-affirmed in 2009 and are supposed to beenshrined into a Commonwealth Charter in 2013.

We repeat our call to you, as the highest official of the Commonwealth, to uphold the Commonwealths commitments toits fundamental values and pursue a course of action that sees the establishment of a series of benchmarks which theSri Lankan government needs to fulfill, in order to be fit for a Commonwealth Summit. We have previously given you alist of such benchmarks they include credible international investigations into allegations of humanitarian law violationsand the restoration of fundamental freedoms for all populations within Sri Lanka and we stand by this list.

Sincerely

Commonwealth Human Rights Initiative

Sri Lanka Campaign for Peace & Justice