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Report of the Office of the United Nations High Commissioner for Human Rights on advice

and technical assistance for the Government of Sri Lanka on promoting reconciliation

and accountability in Sri Lanka

The high commissioner reaffirms her call for an independent international investigation(para 64).

Content:

What the Governments commission

(the LLRC) said was required.

What the High Commissioner says the

Government of Sri Lanka has actually

done.A restoration of the rule of law - Many emergency provisions remain, eg: the

Prevention of Terrorism Act used to arrest Jaffna

Students recently (para 15)

-Impeachment of the Chief Justice (para 16)

- Series of attacks & acts of intimidation against

Judges & judicial officers which could underminethe independence of judiciary (para 16)

Investigate actions leading to deaths

of civilians, torture & extrajudicial killings

- These recommendations were not included in

the implementation plan (National Action Plan)

(para 17)

-2 prison riots in 2012 in which 29 people killed.

The Government claims investigations are in

progress but no information is available (para 21)

Implement recommendations from the

2006 inquiry into disappearances.

- The Government says there is not enough

evidence for indictments. More than 5 years has

passed and 6 years since the incidents took place

(para 20)A comprehensive approach to Missing

Persons

- No arrests or prosecutions relating to

disappearances (para 22)

- The National Action Plan did not include a

recommendation to cooperate with the Red Cross

to trace missing people (para 25)

- It did not include a recommendation to offer

legal aid and psychological support (para 26)

Create database of the missing and the

detained.

- This has been assigned to the military. It is

unclear how this will function when families

believe government forces are responsible for the

disappearances (para 25)

- It is difficult for families to access the information

due to uncooperative and sometimes hostile

behavior of State officials. (para 32)

Issue Death Certificates - This is no substitute for investigating the

circumstance of an individuals death (para 26)

Appoint Special Commissioner of

Investigation for Disappeared

- There is no new mechanism to do this, it relies

on existing systems that have failed to resolve

these cases (para 27)

Pass Law Against disappearance - Sri Lanka agreed to do this but from 2011 to

mid-2012 we saw more disappearances, including

of political activists & family members (para 29)

A full investigation into those disappearingin 2009 while surrendering to the military

- The plan instructs the military to do this! Clearlythis cannot work (para 30)

Detainee rights monitored - There is a lack of clarity as to how this will

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Conclusion and recommendations

(para 62) Despite the Governments Lessons Learnt and Reconciliation Commission(LLRC)s flaws it came up with valuable recommendations. But the Government has

only promised to implement some of the recommendations and has not worked with

civil society on these. Attempts to investigate allegations of serious violations of human

rights have been inconclusive and lack independence and impartiality.

(para 63) The high commissioner recommends that the Government of Sri Lanka:

happen (para 31)

Review long term detainees cases - The plan says to use the existing system to

address the issue. Clearly this is not enough (para

34)

Former Tamil Tigers (LTTE) to be put on

trial

- The Government representatives gave different

accounts as to the quantity, functionality andlocation of the courts! (para 34)

A rehabilitation process for former Tamil

Tigers (LTTE)

- There are concerns around the non-voluntary

nature of the process, lack of procedural

safeguards, and deprivation of liberty (para 35)

-After rehabilitation the persons are continually

monitored and multiple military and intelligence

agencies visit their homes and work places (para

36)

Appoint a Committee on internally

displaced people

- There is a major Government reconstruction

program but standard of housing & access to

basic amenities varies enormously (para 39)

- There is a lack of clarity on Government policy onland ownership issues (para 42)

Investigate attacks on Journalists - A Media Ministry is to promote responsiblejournalism which is not an adequate response to

safety concerns and could lead to greater media

control (para 43)

- Several journalists have been harassed and

attacked in 2012 (para 45)

- No action has been taken against the Minister

who made vicious public attacks on human rights

activists in Geneva last year (para 45)

Demilitarisation recommended - There is deep involvement of the military incivilian matters preventing capacity building(para 46)

- The Military occupies civilian land (para 49)

- Civilians have to give notice to military if they

want to hold any public gathering no matter the

size or social purpose (para 49)

-The Military presence makes women and girls

vulnerable to violence and harassment (para 50)

The 13th (devolution) amendment should

be implemented

- Far from being implemented there have been

calls for its repeal (para 52)

There is a need for Commemorative

Gestures

- There are memorials to soldiers but nothing for

civilians they use triumphalist images (para 55)

- LTTE cemeteries have been destroyed (para 55)

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Accept her previous offers of advice. Especially advice on:- Establishing a truth seeking mechanism (ie a proper accountability system)- Holding criminal and forensic investigations- Drafting laws on witness protection- Making national institutions (like the Human Rights Commission) moreindependent.- Developing a reparations policy.

Let in the eight senior UN officials (special rapporteurs and special proceduresmandate holders - listed in para 8) that have requested visits but have not

received an answer.

Hold consultations on improving the Lessons Learnt and ReconciliationCommission (LLRC).

Trace all missing persons, and appoint a commissioner for missing persons.

Allow independent observers to witness the trial of former Tamil Tigers (LTTE). Publish the Presidential Commission of Enquiry into disappearances of 2006. Work towards reducing the role of the military and giving power to minorities. Engage civil society and minorities on the question of how to commemorate the

dead.

(para 64) The High Commissioner recommends the Human Rights Council continue and

build on its engagement in Sri Lanka.

She reaffirms her call for an independent international investigation.

Outstanding requests to visit Sri Lanka by senior UN officials (special rapporteurs and

special procedures mandate holders) para 8:

1. on minority issues2. freedom of peaceful assembly3. freedom of expression4. extrajudicial executions5. enforced or involuntary disappearances6. human rights defenders7. independence of judges and lawyers8. discrimination against women