Sri Lanka: Slow progress on crucial justice and reconciliation – UN report
GENEVA (3 March 2017) –The slow pace of transitional justice in Sri Lanka and the lack of a comprehensive strategy to
address accountability for past crimes risk derailing the momentum towards lasting peace, reconciliation and stability,
according to a report issued by the UN Human Rights Office today.
The report acknowledges that there have been positive advances on human rights and constitutional reform. “The
Government has advanced on constitutional reforms and showcased some positive developments on the broader human rights
agenda. The fulfilment of transitional justice commitments has, however, been worryingly slow, and the structures set up
and measures taken during the period under review were inadequate to ensure real progress,” the report states.
The report, which was mandated by the UN Human Rights Council to assess progress made in tackling the legacy of grave
violations in Sri Lanka between 2002 and 2011, commends the constructive engagement of the Government of Sri Lanka with
the UN’s human rights bodies, marking a discernible change in policy. It also recognizes some advances on constitutional
reforms, on crucial issues like land restitution and symbolic gestures towards reconciliation, as well as legal reforms
and the design of an Office of Missing Persons. The laudable, inclusive work of the Consultation Task Force on
Reconciliation Mechanism, appointed by the Government, has also resulted in an incisive report, which was issued in
January this year.
However, the report by the UN Human Rights Office notes that the structures set up and measures taken until now have
been inadequate, lacked coordination and a sense of urgency.
“Party politics, including the balancing of power between the different constituencies of the coalition in the run-up to
constitutional reforms, have contributed to a reluctance to address difficult issues regarding accountability or to
clearly articulate a unified position by all parts of Government. Unclear and often contradictory messages have been
delivered on transitional justice mechanisms. Public messaging around transitional justice and reconciliation has been
generally confusing and at times contradictory,” the report states.
UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein noted that in many ways, Sri Lanka appears to be turning a
corner on the promotion and protection of human rights, but he stressed that hard-won gains could prove illusory if they
are not tethered to a comprehensive, robust strategy.
“Seventeen months ago, when we published a detailed report* on the grave human rights violations committed during the
conflict in Sri Lanka, I urged the Government and all the people of Sri Lanka to ensure that this historic opportunity
for truly fundamental change should not be squandered,” High Commissioner Zeid said.
“This critical opportunity in Sri Lankan history cannot be missed. I urge the Government and people of Sri Lanka to
prioritize justice alongside reconciliation to ensure that the horrors of the past are firmly dealt with, never to
recur.”
The report makes a number of concrete recommendations, including calling on the Government to embrace the report of the
Consultation Task Force, to formulate a communications campaign to inform the public about details of the reconciliation
agenda, to invite the UN Human Rights Office to establish a presence in Sri Lanka, to give the highest priority to the
restitution of all private land that has been occupied by the military, and to adopt legislation establishing a hybrid
court.
The report also highlights a number of serious human rights violations that are reportedly continuing to occur in Sri
Lanka, including the harassment or surveillance of human rights defenders and victims of violations, police abuse and
excessive use of force, and the use of torture. The Human Rights Commission of Sri Lanka has stated that the complaints
it receives indicate the “routine use of torture by the police throughout the country as a means of interrogation and
investigation.” The report notes that the “prevailing culture of impunity for perpetrating torture has undoubtedly
contributed to this situation.”
“The authorities at all level, from the head of State to military, police, intelligence and local-level leaders, need to
publicly issue unequivocal instructions to all branches of the military, intelligence and police forces that torture,
sexual violence and other human rights violations are unequivocally prohibited and will be punished,” Zeid said. “And
such violations need to be promptly investigated without fail. This is essential to regain and retain the trust of all
Sri Lankans in the authorities, and to reassure them that the State exists to protect the rights of all its people.”
The High Commissioner will present the report to the Human Rights Council on 22 March in Geneva.