Lack of common vision among SL's highest leadership contributes to delays in HR reforms : UN HR Chief Bachelet

UN Human Rights Commissioner Michelle Bachelet today (Mar 20) stressed that Sri Lanka’s process of implementing human rights reforms has been delayed due to the “a lack of common vision among the country's highest leadership."

Addressing the 40^th UNHRC session in Geneva, Ms. Bachelet insisted that Sri Lanka’s efforts in fulfilling Resolution 30/1 which was proposed during the UNHRC session in 2015 pledging to promote reconciliation, accountability and human rights in Sri Lanka, must be accelerated and done in a consistent and comprehensive manner.

“There has been minimal progress on accountability,” she lamented.

She also said that the country’s state of emergency in March last year and the constitutional crisis in October created a political environment which was not conducive towards the implementation of reform measures. "Today my office encourages the government to implement the detail and comprehensive strategy for the transitional process with a fixed time line, " she said.

However, the High Commissioner lauded the efforts taken to establish the Office on Missing Persons and the Office for Reparations in the country.

“My office encourages the government to enable these two institutions to function effectively and independently and to link them to a broader approach aimed at accountability and truth seeking” she stressed.

Commenting on the release of lands in the North and the East, Ms. Bachelet said that “some progress has been noted”. However, she added that steps must be taken to complete this “crucial process”.

The Commissioner also took issue with the appointment of Major General Shavindra Silva as the Chief of Staff of the Army by stating that it was important to remove such officers with a questionable human rights track record.

Speaking further, Commissioner Bachelet also urged the replacement of  the prevention of terrorism act which has been on the government’s agenda for four years.

" I encourage the completion of this process with measures to strengthen the draft laws to safeguard and oversight elements and to tighten the defintion of the terrorist act which is currently too broad," Ms. Bachelet said.

The UN Human Rights Chief further expressed great concern over the re-implementation of the death penalty in the country after 40 years of moratorium.

She also encouraged the Sri Lankan government to fully implement the recommendations of the 2016 recommendation of the committee against torture to address allegations of torture including sexual violence by the security forces.

In addition Ms Bachelet appreciated the efforts of the National Human Rights Commission and called for implementation of the recommendations made by the NHRC, adding that they were essneital in order to entrench the rule of law in Sri Lanka.

The High Commissioners address is given below:

Mr. Vice President, Excellency’s, Colleagues and Friends.

I welcome the opportunity to discuss the human rights situation in Sri Lanka and to present my report pursuant to human rights council resolutions 30/1 and 34/1.

The office sent an advance version of the report to the government of Sri Lanka and has given due consideration to the comments received further to our routine procedures.

My report acknowledges the government’s open dialogue and sustained cooperation with my office. Working closely with the UN Resident Coordinator and her senior human rights advisor, we have continued to provide technical support including to the UN peacebuilding fund for Sri Lanka to implement this council’s resolutions 30/1 and 34/1.

I welcome the operationalization of the Office on Office Persons (OMP) following initial delays. The OMP plans to undertake the complex task of tracing the whereabouts of victims in a sensitive, sorrow, and objective manner, addressing the difficult situation of the victims’ families.

I commend the establishment of the Office for Reparations and I look forward to the swift appointment of its Commissioners. My office encourages the government to enable these two institutions to function effectively and independently and to link them to a broader approach aimed at justice, real accountability at truth seeking.

Regarding the land occupied by the military in the Northern and Eastern Provinces, some progress has been noted and further steps should be taken to complete this crucial process.

The steps I have just indicated are elements of Sri Lanka’s commitment to broad institutional reform measures made four years ago in the context of implementing human rights council resolution 30/1. However, implementation of the resolution 30/1 needs to be more consistent, comprehensive, and accelerated.

A contributing factor to delays appears to be a lack of common vision among the country's highest leadership. Deadlock on these important issues is an addition and an avoidable problem with damaging impact currently on victims from all ethnic and religious groups and of society as a whole.

I appreciate the complexity of transitional processes. The events leading to the declaration of state of emergency in March last year and the constitutional crisis in October created a political environment not conducive to reform measures. Today my office encourages the government to implement the detail and comprehensive strategy for the transitional process with a fixed timeline.

Legislation and the establishment of an independent and truth reconciliation commission could be an important next step. As a former minister of defence who has worked in the context of a transition, I can highlight the importance of security force sector reforms as part of the transitional justice process. This process should include a vetting process to remove officers with questionable Human Rights records. The recent appointment to a senior position in the SL army of Major General Shavindra Silva implicated in alleged serious violations of national humanitarian rights law is a worrying development. There has been minimal progress on accountability.

My report details the steps taken over a lengthy period to address several emblematic cases and the lack of prgress in setting up special judicial mechanism to deal with the worst crimes committed during the 2009 conflict. Complete impunity risk fuelling communal or inter-ethnic violence and stability. Resolving these cases and bringing the paper trails of past crimes to justice is necessary to restore the confidence of victims from all communities.

Replacement of the prevention of terrorism act has been on the government’s agenda for four years. I encourage the completion of this process with measures to strengthen the draft laws to safeguard and oversight elements and to tighten the definition of the terrorist act which is currently too broad.

I know with concern that individuals continue to be held under the PTA. I’m also troubled about continuing allegation of torture, another human rights violation by security forces including sexual violence. Effective transparent independent investigation by the government as well as measures to end such practices including the full implementation of the 2016 recommendation of the committee against torture would be positive.

Another step in the right direction would be an end to the surveillance of human rights defenders reprisals against them as well as against victims. I’m deeply concerned about the calls to reinstate the application of the death penalty after more than 40 years of moratorium.

My office highlights the critical role of Sri Lanka's independent commissions particularly the National Human Rights Commission- respect for their independence and implementation of the commission’s recommendations are needed to entrench the rule of law in Sri Lanka. Appropriate cooperation with the HR commission is also essential for the participation of Sri Lankan personnel in the UN peace keeping operations.

This council continues to have an essential role in accompanying the government and people of Sri Lanka in their journey towards realising the dignity and rights of all members of society irrespective of their sex, ethnic origin, or belief. In closing, I emphasise that in co-sponsoring resolution 30/1 and 34/1 the government recognise the need to address the past in order to build a future securely grounded in accountability, respect for human rights and the rule of law. For victims of a society this need continues.

There is an opportunity now to leave behind a past of violence and human rights violations through bold determination and leadership at all levels of government.