Le Conseil des Droits de l’Homme des Nations Unies réuni en session à Genève en septembre 2015 a adopté une résolution concernant la situation passée et présente de Sri Lanka sur la base du rapport détaillé fourni par le Haut Commissaire des Droits de l’Homme. Nos lecteurs peuvent prendre connaissance de ces deux textes dans leur version anglaise; une analyse détaillée en sera faite ultérieurement
With the end of the war in 2009, the need to address the widespread death, destruction, and displacement was overwhelming. Allegations against all sides of potential war crimes and crimes against humanity demands an independent investigation and the prosecution within a credible court of law of those responsible for international crimes committed during the final stages of the war and during its aftermath. The Centre for Policy Alternatives (CPA) has consistently called for such independent investigations and other accountability measures to address truth, justice, reparations and non-recurrence of violence in Sri Lanka. This appeal continues six years after the end of the war. In this report, CPA sets out a range of processes and mechanisms available to the Sri Lankan government to ensure accountability for serious human rights violations and alleged crimes committed during the war. While many stakeholders are identified in the report, the ultimate responsibility for truth and justice in Sri Lanka lies with its citizens; accordingly they must play the central role in the design and implementation of future processes and mechanisms. CPA hopes that the options provided in this report enrich the discussions and debates about the design and implementation of a credible domestic process with the long term goal of achieving truth and justice in Sri Lanka.
A leaked UN document raises concerns over the prospects for genuine justice for the Sri Lankan victims of alleged war crimes.
Channel 4 News has been supplied with the leaked document which critics claim could pre-empt and undermine September’s Human Rights Council discussion on a UN’s long-awaited investigation into crimes committed at the end of Sri Lanka’s 26-year civil war.
According to the UN tens of thousands of Tamil civilians died in the closing stages of the Sri Lankan military’s war against the LTTE, also known as the Tamil Tigers.
The UN says most of those civilians died in government shelling as they were crammed into ever-diminishing « No Fire Zones » – though the Tamil Tigers are also alleged to have committed grave abuses including suicide bombings and the use of human shields.
Sensing the international pressure on investigation into alleged war crimes during the Eelam War IV, Sri Lankan Foreign Affairs Minister Mangala Samaraweera on Thursday indicated that a domestic accountability mechanism would be in place before the 30 Session of the United Nations Human Rights Council was scheduled to begin in September.
« The UN Human Rights Commission’s decision to investigate violations and the huge loss of life during the last months of the war concluded in 2009 was a significant victory for the victims. The dignity of the victims required that the truth must be told without fear or favour, and processes of justice and restoration set in motion. And the wrong was not all on one side. Dignity also demands that we await the verdict of the judges with restraint and reverence for the name of justice. »
The UN Human Rights Commission’s decision to investigate violations and the huge loss of life during the last months of the war concluded in 2009 was a significant victory for the victims.
The dignity of the victims required that the truth must be told without fear or favour, and processes of justice and restoration set in motion. And the wrong was not all on one side.
Dignity also demands that we await the verdict of the judges with restraint and reverence for the name of justice.
But in Jaffna, all hell broke loose over the coming UNHRC report in an orgy of mud-slinging, recrimination and effigy burning for Tamil leadership spoils.
Some academics in Jaffna University led by taking on themselves the task of identifying and upbraiding ‘traitors to the race’ in a return to dangerous heroics. MPs Sampanthan and Sumanthiran were excoriated for attending the Independence Day function.
The first shot in virtually christening the coming UN report a ‘genocide report’ was fired by Northern Chief Minister Justice Wigneswaran on 10th February 2015 in the Provincial Council resolution he advanced.
The opinion held by a sizeable portion of the university teachers was not to politicise the coming UN report, so as to allow Sinhalese to read it with an open mind. There was no opposition to delay, as requested by the new government. But this moderate stance got lost in the rush of events. It was presented to the media on 13th February as the University Teachers demanding the release of the report as scheduled in March. »
The United Nations urged Sri Lanka on Tuesday to make sure it had strong systems for holding people accountable, as the island nation carried out its own investigations in abuses during a 26-year civil war
However, the key question remains: Does Sirisena have the political will and capability to actually resolve the fundamental problems that drove the country to almost three decades of civil war?
Sri Lanka is planning an investigation into accusations of human rights abuses in the final stages of a 26-year civil war amid international frustration at the failure to look into numerous civilian deaths, a government spokesman said late on Wednesday.
After execution of mass atrocities and their failure to stop it, international actors have accepted their failure. Time has arrived for course correction, and Sri Lanka’s forthcoming presidential election will be the litmus test for it, and a challenge to international conscience. Will international actors bring perpetrators of mass atrocity crimes in Sri Lanka to international justice and prove “Never Again” to be more than just a slogan?
The present critique by the Centre for Policy Alternatives (CPA) captures key issues and trends observed during public sittings of the Commission and the perceptions of affected communities and civil society who have observed and engaged with the present process. At the very outset CPA notes that the Commission, operating under the Commissions of Inquiry apparatus, is structurally flawed, given its dependence on the Executive for appointments, financing and follow up action. Having observed a string of failed State initiatives at transitional justice in recent years and the lack of progress with past Commissions appointed by successive governments, CPA calls for immediate steps to be taken for legal and policy reform that provides for a genuine and credible domestic process at truth seeking, justice and accountability. Failure in this regard further confirms the inability of domestic processes to address grievances in a post war context and strengthens calls for international investigations.
Access the full document here – http://www.cpalanka.org/the-presidential-commission-to-inv…/
« The Obama administration has taken the lead internationally to promote accountability in Sri Lanka. The principal focus is on war crimes and crimes against humanity committed during the country’s decades long civil war. But those efforts are also important to addressing the situation of Tamil, Muslim, and Christian minorities in Sri Lanka today. »
« Here I highlight the various laws that might assist the Justice Department and other agencies in prosecuting US citizen, Gotabaya Rajapaksa. In another post back in May, I described some of the evidence in the public record about his alleged involvement in mass war crimes—for which the US government is interested in seeking accountability. »
What to do with Sri Lanka? The island nation, triumphant after nearly three decades of war against ethnic separatists, has vexed the United Nations.
Five years after the war’s brutal ending, the world body has been unable to address grave human rights violations committed by the warring parties, making Sri Lanka something of an object lesson in the difficulties of pursuing accountability.
CPA’s Executive Director Dr. Paikiasothy Saravanamuttu on the draft resolution on Sri Lanka tabled at the UN HRC’s 25th session, and its implications for the country.
“This resolution as attested to by the draft also does point to continuing violations for example with regards to religious freedom, the impeachment of the chief justice, the continuing culture of impunity, land grabs, the lack of witness and victim protection, continuing disappearances, self-censorship in themedia, lack of right to information, legislation and host of other continuing violations. Perhaps the most controversial and the key part of the resolution with regard to the issue as to whether there should be a call for independent international commission of inquiry into allegations of war crimes…”
Listen to the short audio interview here –https://soundcloud.com/cpasrilanka/dr-paikiasothy-saravanamuttu-2