International inquiry is 'essential' - High Commissioner

26 March 2014 The United Nations High Commissioner for Human Rights has stated that an international inquiry on Sri Lanka is "warranted" and "essential", as she presented her report on Sri Lanka at the !th session UN Human Rights Coun"il earlier today# $ddressing the "oun"il %illay stated "there has &een little progress in other "riti"al areas" and that "Sri Lanka has not responded positi'ely to (HCHR)s repeated offers of te"hni"al assistan"e"# Speaking on the final stages of the armed "onfli"t, %illay told the "oun"il "it is important for the Human Rights Coun"il to re"all the magnitude and gra'ity of the 'iolations alleged to ha'e &een "ommitted"# She went on to add that whilst the go'ernment has "laimed to initiate 'arious in'estigations, "none ha'e had the independen"e to &e effe"ti'e or inspire "onfiden"e among 'i"tims and witnesses#" Noting that new e'iden"e "ontinues to &e un"o'ered, %illay "on"luded, "This shows that an international inquiry is not only warranted, &ut also possi&le, and "an play a positi'e role in eli"iting new information and esta&lishing the truth where domesti" inquiry me"hanisms ha'e failed# *e are thus re"ommending the Coun"il to esta&lish an independent international inquiry me"hanism to further in'estigate the alleged 'iolations of international human rights and humanitarian law and monitor domesti" pro"esses# This is essential to ad'an"e the right to truth for all in Sri Lanka and "reate further opportunities for +usti"e, a""ounta&ility and redress#" See her full address &elow# ,ene'a, - .ar"h /01 .r# %resident, .em&ers of the Human Rights Coun"il, 23"ellen"es, Ladies and gentlemen, 4 am pleased to introdu"e to the present session of the Coun"il the report of the (ffi"e of the United Nations High Commissioner for Human Rights on

promoting re"on"iliation and a""ounta&ility in Sri Lanka 5$6HRC6 !6 78# The report e3amines the progress the ,o'ernment has made in implementing the re"ommendations of its Lessons Learnt and Re"on"iliation Commission 5LLRC8, as well as those 4 formulated in my report whi"h were endorsed &y the Coun"il in .ar"h /07, and following my 'isit to the "ountry in $ugust /07# The update to the 1th session of the Coun"il reported progress in re"onstru"tion and resettlement of internally displa"ed persons, ele"tions to the Northern %ro'in"ial Coun"il, and in implementing some LLRC re"ommendations, su"h as gi'ing effe"t to the trilingual poli"y# *e regret to report that there has &een little progress in other "riti"al areas identified &y the Coun"il in resolution 60 and &y the LLRC, nota&ly the need to ensure independent and "redi&le in'estigations into past 'iolations of international human rights and humanitarian law# The ,o'ernment of Sri Lanka has not responded positi'ely to (HCHR)s repeated offers of te"hni"al assistan"e on spe"ifi" elements that "ould ad'an"e the a""ounta&ility and re"on"iliation agenda# *hile wel"oming the 'isit &y the Spe"ial Rapporteur on 4nternally 9ispla"ed %ersons and in'itations e3tended to the spe"ial pro"edures dealing with edu"ation and migrants, we en"ourage the ,o'ernment to in'ite other rele'ant mandate: holders# *e are also distur&ed &y the "ontinued harassment and intimidation targeting human rights defenders in Sri Lanka, e'en while this session has &een underway, in"luding the detention last week of two prominent N,( a"ti'ists undertaking human rights work# *e wel"ome their release# *e are, howe'er, "on"erned at their "ontinued sur'eillan"e and the restri"tions under whi"h they ha'e &een pla"ed# $lmost fi'e years sin"e the end of the "onfli"t, it is important for the Human Rights Coun"il to re"all the magnitude and gra'ity of the 'iolations alleged to ha'e &een "ommitted at that time &y the ,o'ernment and the LTT2, whi"h left thousands of "i'ilians killed, in+ured or missing# ;ailure to address the grief and trauma among 'i"tims and sur'i'ors undermines "onfiden"e in the State and re"on"iliation# 4n re"ent years, the ,o'ernment has esta&lished 'arious me"hanisms with the task to in'estigate past 'iolations# <ut none ha'e had the

independen"e to &e effe"ti'e or inspire "onfiden"e among 'i"tims and witnesses# $t the same time, new e'iden"e "ontinues to emerge, and witnesses are willing to "ome forward to testify &efore international me"hanisms in whi"h they ha'e "onfiden"e and whi"h "an guarantee their prote"tion# This shows that an international inquiry is not only warranted, &ut also possi&le, and "an play a positi'e role in eli"iting new information and esta&lishing the truth where domesti" inquiry me"hanisms ha'e failed# *e are thus re"ommending the Coun"il to esta&lish an independent international inquiry me"hanism to further in'estigate the alleged 'iolations of international human rights and humanitarian law and monitor domesti" pro"esses# This is essential to ad'an"e the right to truth for all in Sri Lanka and "reate further opportunities for +usti"e, a""ounta&ility and redress# ;inally, the report &efore you also pro'ides an o'er'iew on re"ent human rights de'elopments in the "ountry, in"luding atta"ks on religious minorities and human rights defenders, and on freedom of opinion and e3pression# Ladies and ,entlemen, This "on"ludes my introdu"tion of my Sri Lanka report# Thank you for your attention#