Final draft resolution rejected by Sri Lanka at UNHRC
The following is the text of the Resolution tabled by the U.S. at the
UNHRC in Geneva yesterday: The Human Rights Council, Reaffirming the
purposes and principles contained in the Charter of the United Nations,
Guided by the Universal Declaration of Human Rights, the International
Covenants on Human Rights and other relevant instruments,
Bearing in mind General Assembly resolution 60/251 of 15 March 2006,
Recalling Council resolutions 5/1 and 5/2 of 18 June 2007, on
institution-building of the Human Rights Council, Recalling Human Rights
Council resolution 19/2 of 22 March 2012 on promoting reconciliation and
accountability in Sri Lanka, Reaffirming that it is the responsibility
of each State to ensure the full enjoyment of all human rights and
fundamental freedoms of its entire population,
Reaffirming also that States must ensure
that any measure taken to combat terrorism complies with their
obligations under international law, in particular international human
rights law, international refugee law and international humanitarian
law, as applicable,
Welcoming the announcement by the Government of Sri Lanka to hold
elections to the Provincial Council in the Northern Province in
September 2013,
Welcoming and acknowledging the progress made by the Government of
Sri Lanka in rebuilding infrastructure, demining, resettling the
majority of internally displaced persons, and noting nonetheless that
considerable work lies ahead in the areas of justice, reconciliation and
resumption of livelihoods, and stressing the importance of the full
participation of local populations, including representatives of civil
society and minorities, in these efforts,
Taking note of the report of the Lessons Learnt and Reconciliation
Commission of Sri Lanka and its findings and recommendations, and
acknowledging its possible contribution to the process of national
reconciliation in Sri Lanka,
Taking note of the National Plan of Action to implement the
recommendations of the Lessons Learnt and Reconciliation Commission of
the Government of Sri Lanka and its commitments as set forth in response
to the findings and recommendations of the Commission,
Noting that the national plan of action does not adequately address
all of the findings and constructive recommendations of the Commission,
Recalling the constructive recommendations contained in the
Commission’s report, including the need to credibly investigate
widespread allegations of extrajudicial killings and enforced
disappearances, demilitarize the north of Sri Lanka, implement impartial
land dispute resolution mechanisms, re-evaluate detention policies,
strengthen formerly independent civil institutions, reach a political
settlement on the devolution of power to the provinces,
promote and protect the right of freedom of expression for all and
enact rule of law reforms,
Noting with concern that the National Plan of Action and the
Commission’s report do not adequately address serious allegations of
violations of international human rights law and international
humanitarian law,
Expressing concern at the continuing reports of violations of human
rights in Sri Lanka, including enforced disappearances, extrajudicial
killings, torture, and violations of the rights to freedom of
expression, association and peaceful assembly, as well as intimidation
of and reprisals against human rights defenders, members of civil
society and journalists, threats to judicial independence and the rule
of law, and discrimination on the basis of religion or belief,
Calling upon the Government of Sri Lanka to fulfil its public
commitments, including on the devolution of political authority, which
is integral to reconciliation and the full enjoyment of human rights by
all members of its population,
Expressing appreciation for the efforts of the Government of Sri
Lanka in facilitating the visit of a technical mission from the Office
of the United Nations High Commissioner for Human Rights, and
encouraging the Government to increase its dialogue and cooperation with
the Office of the High Commissioner,
Noting the High Commissioner’s call for an independent and credible
international investigation into alleged violations of international
human rights law and international humanitarian law,
1. Welcomes the report of the Office of the United Nations High
Commissioner for Human Rights on advice and technical assistance for the
Government of Sri Lanka on promoting reconciliation and accountability
in Sri Lanka[1] and the recommendations and conclusions contained
therein, in particular on the establishment of a truth-seeking mechanism
as an integral part of a more comprehensive and inclusive approach to
transitional justice;
2. Encourages the Government of Sri Lanka to implement the
recommendations made in the report of the Office of the High
Commissioner, and also calls upon the Government of Sri Lanka to conduct
an independent and credible investigation into allegations of violations
of international human rights law and international humanitarian law, as
applicable;
3. Reiterates its call upon the Government of Sri Lanka to implement
effectively 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
and accountability, and reconciliation for all Sri Lankans;
4. Encourages the Government of Sri Lanka to cooperate with special
procedures mandate holders and to respond formally to their outstanding
requests, including by extending invitations and providing access;
5. Encourages the Office of the High Commissioner 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;
6. Requests the Office of the High Commissioner, with input from
relevant special procedures mandate holders, as appropriate, to present
an oral updateto the Human Rights Council at its twenty-fourth session,
and a comprehensive report followed by a discussion at the twenty-fifth
session, on the implementation of the present resolution Co-sponsors of
the resolution;
Austria, Canada, Croatia, Belgium, Denmark, Estonia, France, Finland,
Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy,
Liechtenstein, Lithuania, Malta, Monaco, Montenegro, Norway, Poland,
Portugal, Romania, Slovakia, Slovenia, Spain, St Kitts and Nevis,
Sweden, Switzerland, United Kingdom of Great Britain and Northern
Ireland and United States of America. |