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UN experts call on HRC & int’l community to keep human rights situation in Sri Lanka under scrutiny

05 Feb 2021

A group of UN human rights experts who visited Sri Lanka have called on the Human Rights Council (HRC) and the international community to keep the human rights situation in Sri Lanka under continuous scrutiny and to explore all possible options for advancing accountability in the country. In a statement, the UN said the experts have expressed their deep concern about the reversal of important democratic gains achieved since 2015 and roll back on limited progress made on accountability, reconciliation in Sri Lanka since the Government withdrew its support from the resolution Human Rights Council resolution 30/1 in February 2020. “In the spirit of cooperation, we, the mandate holders who visited Sri Lanka since 2015, find it timely and opportune to recall some key recommendations as the developments over the past year have had profound negative impact on human rights in Sri Lanka and have fundamentally altered the context in which these recommendations could be effectively implemented, issues also raised in the High Commissioner’s report on Sri Lanka,” the experts said. Since Sri Lanka issued standing invitation to the Special Procedures mandate holders in 2015, ten special procedures mandates conducted country visits. The former Special Rapporteur on truth, justice, reparations, and non-recurrence conducted four additional technical visits. Through these country visits, special procedures have identified root causes, patterns and complexities relating to a history of conflict, human rights violations and abuses and impunity in Sri Lanka and made more than 400 recommendations to Sri Lanka on a range of human rights issues. The UN said all recommendations contained in their country visits’ reports to the Human Rights Council can be searched on the Universal Human Rights Index. It said the vast majority of these recommendations made by the special procedures mandates to Sri Lanka are intrinsically linked to the 25 key undertakings/commitments set out in the Human Rights Council resolution 30/1, which was unanimously adopted by the Council in 2015. “Therefore, we are of the view that there are eight areas in particular that should be in focus when the UN Human Rights Council reviews the implementation of the resolution 30/1 in March 2021: i) threats to independent institutions and the rule of law; ii) increasing militarization; iii) restrictions on freedoms of peaceful assembly, association and expression; iv) discrimination against vulnerable groups, incitement to hatred and violence against minorities; v) legal safeguards, conditions of detention and prohibition of torture; vi) enforced disappearances; vii) impunity and viii) lack of progress in the transitional justice process. “For each of these areas, the main recommendations made as well as the main concerns in the current context are detailed below. “We call on the Government of Sri Lanka to implement the recommendations made in our country visits’ reports. “We call on the Human Rights Council and the international community to keep the human rights situation in Sri Lanka under continuous scrutiny and to explore all possible options for advancing accountability in the country. “In order to do this, options available to the Human Rights Council and Member States include but need not be limited to the possibility to: Request OHCHR to enhance its monitoring and analysis of the human rights situation in Sri Lanka; “Establish an impartial and independent international accountability mechanism which would seek to build upon the work conducted by different UN mechanisms by investigating, compiling, and analysing information collected from an international criminal law perspective; “Request the appointment of a Special procedures country mandate; Member States and UN agencies in their engagement with Sri Lanka to specifically demand that Sri Lanka fulfills its human rights obligations, including with respect to the issues identified in this statement and the recommendations made by Special Rapporteurs during their visits conducted since 2015 and with respect to cooperating with Special Procedures in relation to country visits and communications. “In our reports, we recommended among others that the Government: Ensure that the Constitution clearly and expressly recognize the fundamental principle of the separation of powers, establish checks and balances and guarantee the independence of the judiciary and the courts; “Review the roles and powers of the Attorney General with a view to reinforcing the independence of that office and reducing conflicts of interest when addressing crimes committed by State officials; “Ensure that the Human Rights Commission (HRCSL) is able to continue to work independently and with sufficient resources to discharge its mandate as well as its functions as the national preventive mechanism,” the statement said.

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