SRI LANKA: UN resolution calls on government to act

Summary: On 22 March, the Human Rights Council adopted a resolution on Sri Lanka.

In a resolution (A/HRC/19/L.2/Rev1) regarding promoting reconciliation and accountability in Sri Lanka, adopted by a vote of 24 in favour, 15 against and 8 abstentions as orally revised, the Council notes with concern that the report of the Lessons Learnt and Reconciliation Commission of Sri Lanka does not adequately address serious allegations of violations of international law.

The resolution:

1. Calls upon the Government of Sri Lanka to implement the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission and to take all necessary additional steps to fulfil its relevant legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans.

2. Requests the Government of Sri Lanka to present, as expeditiously as possible, a comprehensive action plan detailing the steps that the Government has taken and will take to implement the recommendations made in the Commission's report, and also to address alleged violations of international law.

3. Encourages the Office of the United Nations High Commissioner for Human Rights and relevant special procedures mandate holders to provide, in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical assistance on implementing the above-mentioned steps.

Voting patterns

In favour (24): Austria, Belgium, Benin, Cameroon, Chile, Costa Rica, Czech Republic, Guatemala, Hungary, India, Italy, Libya, Mauritius, Mexico, Nigeria, Norway, Peru, Poland, Republic of Moldova, Romania, Spain, Switzerland, United States and Uruguay.

Against (15): Bangladesh, China, Congo, Cuba, Ecuador, Indonesia, Kuwait, Maldives, Mauritania, Philippines, Qatar, Russian Federation, Saudi Arabia, Thailand and Uganda.

Abstentions (8): Angola, Botswana, Burkina Faso, Djibouti, Jordan, Kyrgyzstan, Malaysia and Senegal.

United States response

United States, introducing draft resolution L.2, said the resolution enjoyed the broad support of 40 co-sponsors. It was almost three years since the end of Sri Lanka's conflict and given the lack of action to implement the recommendations of the Sri Lankan Government's own Lessons Learned and Reconciliation Commission and the need for additional steps to address accountability issues not covered in the Lessons Learned and Reconciliation Commission Report, it was appropriate that the Human Rights Council consider and adopt this moderate and balanced resolution.

Sri Lanka's reply

Sri Lanka, speaking as the concerned country, thanked China and Cuba for the kind sentiments expressed in support of Sri Lanka. Many in the Council would agree that Sri Lanka had been a model, consistently and unambiguously engaging with everyone in the Council. Sri Lanka had been selectively targeted by certain counterparts at the behest of some who still bore resentment at the clear and decisive decision taken at the Special Session in 2009. The attempt to undermine the resolution of 2009 was unacceptable especially because of the continuing improvement in Sri Lanka during the intervening period.

Sri Lanka needed more time to further consolidate the clear progress that had been achieved in the short period of three years. Sri Lanka was compelled to face a misconceived, unwarranted and ill-timed draft resolution that would have adverse ramifications, not only for Sri Lanka, but for many other countries. The way in which the matter was dealt with would decide whether or not purely parochial, if not political, agendas would prevail. The founding principles of the Council were being assailed. If the proposed intrusion was accepted by the Council, no domestic process would be free to deliver on its mandate.

The resolution would not add value to the implementation process in Sri Lanka; on the contrary it may well be counter-productive. Ironically, proponents and sponsors of the resolution were among those who prescribed the Liberation Tigers of Tamil and sought to give comfort to proxies of the organization to assume their activities, undermining a well-established democracy.

Further Information

pdf: http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12001&L...

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