Following heightened concerns regarding the situation of human rights in Sri Lanka, a newly adopted UN Human Rights Council (UNHRC) resolution increases international scrutiny of the country and gives the UN human rights office (OHCHR) a mandate to collect evidence of crimes related to its 37-year civil conflict.
Resolution 46/1, described as a “crucial turning point for justice”, establishes new accountability mechanisms, augmenting the powers of the OHCHR and allowing for increased preservation and analysis of evidence, with a view to future prosecutions.
It comes in the wake of the publication of a damning UN report which found that the Sri Lankan government’s failure to address previous rights incursions has:
“significantly heightened the risk of human rights violations being repeated”
A clear message to perpetrators of abuse in Sri Lanka, the resolution potentially offers victims a renewed hope for justice.
The move has been welcomed comprehensively by civil rights organisations. John Fisher, Human Rights Watch’s Geneva Director, said that:
“When governments fail to respect their international law obligations, as Sri Lanka has, it’s crucial for the Human Rights Council to respond with substantive measures like these.”
Lord Ahmad, the British Minister of State for South Asia, said that “Too many people in Sri Lanka are still waiting for justice more than a decade after the civil war ended, and the human rights situation is getting worse.
The adoption of a UK-led resolution at the UN human rights council sends an important signal to Sri Lanka that progress on justice, accountability and human rights cannot wait.”
The resolution was rejected by Sri Lanka’s ambassador to the UN, C. A. Chandraprema, who called the text “unhelpful and divisive”.
The UNHRC expressed “deep concern” at the deteriorating human rights climate in Sri Lanka, with the erosion of judicial independence, marginalisation of minorities and widespread impunity highlighted as key problem areas.
Numerous investigations into the actions of both sides during Sri Lanka’s civil war have found credible reports of human rights violations and abuses throughout – more than 60,000 people are believed to have disappeared during the conflict.
In the most recent UN report, published in January 2021, it was found that:
“Sri Lanka’s current trajectory sets the scene for the recurrence of the policies and practices that gave rise to grave human rights violations.”
The UNHRC also urged the Sri Lankan government to end their weaponisation of anti-terror laws used to suppress political opposition and minorities. Under current laws, authorities can detain anyone suspected of causing “acts of violence or religious, racial or communal disharmony”.
The Sri Lankan government must now ensure they cooperate fully with the UNHRC, bringing an end to the impunity, averting future human rights incursions and fulfilling their international obligations.