De-link
SLMM roles, says UN special envoy
The United Nations Special Rapporteur on extrajudicial killings,
Philip Alston, has recommended that human rights be made central
to both the peace process and the general system of governance in
Sri Lanka.
In
his report released recently following a fact finding mission to
Sri Lanka late last year, Prof. Alston says the struggle for peace
should be firmly grounded in human rights.
The
Special Rapporteur visited Sri Lanka in December when the Ceasefire
Agreement was under severe strain. The report said it was making
recommendations in the wake of many Tamil and Muslim civilians being
killed when seeking to exercise their freedom of expression, movement,
association and participation in ways which were incidentally not
in agreement by one or other of the factions fighting the Government.
The
report said none of these extrajudicial executions had been effectively
investigated and such executions were significant in their contribution
to the escalation of conflict.
This
together with the complex situation that had resulted from the ‘Karuna
Group’ having split from the LTTE in March 2004 and the role
of the LTTE under the CFA gave rise to the need for a report to
spell out the international legal framework governing and regulating
the conduct of the different parties, it said.
The
report also examines the problems of deaths while in police custody
as a result of inadequate training of police officers in criminal
investigations and the use of torture to extract confessions from
suspects. However Prof. Alston says the commitment of both the Government
and the LTTE should not be overlooked.
“What
has been achieved since the JVP insurgencies of 1971 and 1989 and
in the earlier phases of conflict with the LTTE where tens of thousands
of persons disappeared or were killed in military operations should
not be ignored”, the report said. However, he says, that sadly
during his fact-finding mission, there were 16 complaints of disappearances
from the north of the country.
He
warned of a reverse to such tragic actualities and urged the Government
to respond both promptly and accordingly. Among the principal recommendations
made in Prof. Alston’s report are that a complementary wide-ranging
human rights agreement should complement the CFA. He says the LTTE
must take concrete steps to demonstrate that it is serious about
human rights, in compliance with its professed commitment to human
rights.
The LTTE also must make an unequivocal denunciation of killings
attributed to it for which it denies responsibility.
All
parties to the conflict are requested to comply with their legal
obligations under the common article 3 of the 1949 Geneva Convention
and international humanitarian law. This includes that killing any
person not taking an active part in hostilities is prohibited.
He
has also urged that the Sri Lanka Monitoring Mission de-link its
monitoring role from its role as facilitator of the peace process.
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