Govt reiterates its stand against any external mechanism on war time accountability at UNHRC

The government reiterated today that it will not accept any external mechanism such as - Sri Lanka Accountability Project- to probe alleged human rights violations believed to have been committed during the final phases of war in 2009.

Representing the government at the 60th Session of the Human Rights Council in Geneva today , Minister of Foreign Affairs, Foreign Employment and Tourism Vijitha Herath said that the government is fully cognizant of the responsibility that accompanies the unprecedented mandate it has received from the people, and is committed to fulfilling their aspirations of a just, fair and prosperous society. 

"We sincerely believe that external action will only serve to create divisions, thereby jeopardising the genuine and tangible national processes that have already been set in motion.  The Government is opposed to any external mechanism imposed on us such as the Sri Lanka Accountability Project," he said as sessions commenced today where Sri Lanka was included in the agenda. 

Minister Herath also urged the members of this Council, its observers and all stakeholders is to collaboratively join hands with the government, saying to deepen the government's  mutual understanding and extend their support to the country. "Our genuine and sincere approach, which is visible, needs to be reciprocated with deeper understanding and noticeable appreciation. We urge that all of you assist us in seizing this historic opportunity to advance the rights and well-being of all Sri Lankans through our own domestic processes,"

Selected excerpts from his speech detailing government's steps taken accountability and reconciliation efforts as follows: 

• ·         In the short period since the Government took office, a number of confidence-building measures have been taken, including reopening some roads in the Northern province for public use after several decades, and extending an open invitation to Tamil-speaking youth to be part of Sri Lanka police.
• ·         Last week, President Anura Kumara Disanayaka visited the Northern Province again, where he launched several development programmes and reiterated the Government's commitment to protecting the land, linguistic, and cultural rights of the people of the North and their right to truth.
• ·         The Government continues to strengthen the domestic reconciliation mechanisms – the Office on Missing Persons (OMP), Office for Reparations, and Office of National Unity and Reconciliation (ONUR) – by guaranteeing their independence and making the necessary financial and human resource allocations. To this effect, a week ago, the Cabinet decided to allocate Rs. 375 million of additional funds to the OMP for the purpose of expediting inquiries into complaints regarding missing persons, considering it as a special priority.
• ·         A process has been set in motion to establish a Truth and Reconciliation Commission (TRC).
• ·         Investigations independent of any Government interference are being conducted under judicial oversight into the grave sites, including in Chemmani. The Government has and will continue to provide adequate resources for the related processes. During his visit to Sri Lanka, High Commissioner Turk had the opportunity of visiting the Chemmani site and getting to know the processes that have been put in place in this regard.
• ·         The Government is committed to advancing accountability through credible domestic processes. Recent decisions by the Sri Lankan courts demonstrate the independence of the Sri Lankan judiciary. 
• ·         To further enhance the delivery of justice, a decision has been taken to establish an independent public prosecutor’s office. Views have been sought from the general public and the Human Rights Commission of Sri Lanka.
• ·         The Government has afforded full independence to the Police, and investigations have been resumed into many longstanding cases, including the Easter Sunday attacks, attacks against journalists, etc. At the same time, we have not hesitated to take stern action against abuse of power by any public official.  
• ·         The ONUR is in the process of formulating an Action Plan on National Reconciliation with the support of the United Nations Country Office in Sri Lanka.
• ·         A large majority of lands have been released, and the Government has assured that all land except those considered essential for national security will be returned to rightful owners, with adequate compensation paid where release is not possible. Processes are also underway to address competing claims and establish ownership where disputes remain. In August, the Cabinet appointed a Committee to address land issues faced by people, including conflict-affected people, living in areas identified as forest and other reserves and places of archaeological significance.
• On this matter, we wish to reiterate that the gazette referred to in the High Commissioner’s Report was issued in good faith with the genuine intention of addressing the issue. Upon being informed of the concerns, the gazette was recalled by the Government even before a court ruling was issued to that effect.
• ·         The Government has upheld the right to memorialise loved ones who lost their lives during the conflict, so long as this right is not misused to glorify terrorism. Accordingly, memorialisation events were freely held in different parts of the country this year, as acknowledged in the High Commissioner’s report.  
• ·         We remain fully committed to guaranteeing an enabling environment and space for civil society to operate freely, and will not hesitate to take action on any alleged harassment or intimidation.
• ·         In line with the Government’s vision for a reconciled Sri Lanka, the Office of the President is making arrangements to celebrate a ‘Sri Lanka Day’ in the first week of December 2025.
• ·         The Attorney General would prefer indictments only if there is a prima facie case against an accused, and as such the negative portrayal of the Attorney General Office in the Report does not stand to reason. The prosecutorial discretion of the Attorney General is not an unfettered power and is subject to the full force of judicial review.
• ·         The reference to the amended Personal Data Protection Act in the Report is erroneous as the proposed revisions are not related to exemptions as indicated.