ஊடகங்களுக்கு கசிந்த அமெரிக்கத் தீர்மான வரைபு HRC 25

TEXT: Draft resolution HRC 25

UK,USA,Montenegro,Former Yugoslavian Republic of Macedonia, Mauritius 

ஆகிய ஐந்து நாடுகள், ஐக்கிய நாடுகள் சபையின் மனித உரிமைக் கவுன்சிலுக்கு இலங்கை தொடர்பாக முன்வைக்கவுள்ள தீர்மானத்தின் ஊடகங்களுக்கு கசிந்த  பிரதி.

TEXT:
Draft resolution HRC 25
25/1. Promoting reconciliation, accountability, and human rights in Sri Lanka

The Human Rights Council,
Reaffirming the purposes and principles of 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 Human Rights Council resolutions 5/1, on institution-building of the Council, and 5/2, on
the code of conduct for special procedures mandate holders, of 18 June 2007,

Recalling also Human Rights Council resolutions 19/2 of 22 March 2012 and 22/1 of 21 March 2013
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,

Recognizing the Human Rights Council’s support of all Sri Lankans to enjoy their rights regardless
of creed, faith, or ethnicity, in a peaceful and unified land,

Welcoming and acknowledging the progress made by the Government of Sri Lanka in rebuilding
infrastructure, demining, and resettling the majority of internally displaced persons, but noting
nonetheless that considerable work lies ahead in the areas of justice, reconciliation,
demilitarization, and the resumption of livelihoods, and stressing the importance of the full
participation of local populations, including representatives of civil society and minorities, in these
efforts,

Welcoming the announcement made by the Government of Sri Lanka that elections to the
Provincial Council in the Northern Province will be held in September 2013,
Welcoming the successful Provincial Council elections held on September 21, 2013 and in
particular the high turn-out and participation in all three provinces, but noting with concern reports
of election-related violence, as well as voter and candidate intimidation,

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, [this strikethrough moved below to pp25] and welcoming the visit of the High
Commissioner to Sri Lanka in August 2013,

Expressing deep concern over reported intimidation and retaliation against civil society members,
including those who met with the High Commissioner during her visit,

Expressing serious concern at the continuing reports of violations of human rights in Sri Lanka,
including sexual and gender-based violence, 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,

Alarmed at the rapid rise in violence and discrimination on the basis of religion or belief,
particularly against members of religious minority groups in Sri Lanka, including Hindus, Muslims
and Christians,

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,

Taking note of the report of the Lessons Learnt and Reconciliation Commission of Sri Lanka, its
findings and recommendations, and acknowledging its possible contribution to the process of
meaningful national reconciliation in Sri Lanka,

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 persons and enact rule of law reforms,

Taking note also 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,

Reiterating Noting that the national plan of action does not adequately address all of the findings
and constructive recommendations of the Commission, and encouraging the Government of Sri
Lanka to broaden the scope of the plan to adequately address all elements of the Commission
report,

Also reiterating 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,

Emphasizing Emphasizes the importance of a comprehensive approach to transitional justice
incorporating the full range of judicial and non-judicial measures, including, among others,
individual prosecutions, reparations, truth-seeking, institutional reform, vetting of public employees
and officials, or an appropriately conceived combination thereof, in order to, inter alia, ensure
accountability, serve justice, provide remedies to victims, promote healing and reconciliation,
establish independent oversight of the security system and restore confidence in the institutions of
the State and promote the rule of law in accordance with international human rights law, with a view
to preventing recurrence of violations and abuses [OP1 of Resolution 21/15 plus additional phrase]

Also underlining underlines that truth-seeking processes, such as truth and reconciliation
commissions, that investigate patterns of past human rights violations and their causes and
consequences are important tools that can complement judicial processes and that, when
established, such mechanisms have to be designed within a specific societal context and to be
founded on broad national consultations with the inclusion of victims and civil society, including
non-governmental organizations, [OP3 of Resolution 21/15]

Recalling Reaffirms the responsibility of States to comply with their relevant obligations to
prosecute those responsible for gross violations of human rights and serious violations of
international humanitarian law constituting crimes under international law, with a view to end
impunity; [OP5 of HRC 21/15]

Recalling the High Commissioner’s conclusion that national mechanisms have consistently failed
to establish the truth and achieve justice [language from HC’s report para 72], and her
recommendation that the Human Rights Council establish an international inquiry mechanism to
further investigate the Noting the call made by the High Commissioner for an independent and
credible international investigation into alleged violations of international human rights law and
international humanitarian law and monitor any domestic accountability processes [language from
HC’s report para 74],

Encouraging the Government to increase its dialogue and cooperation with the Office of the High
Commissioner, including with regard to technical assistance,

1. Welcomes the oral update of 25 September 2013 and the report of 24 February 2014 of the
Office of the United Nations High Commissioner for Human Rights on advise and technical
assistance for the Government of Sri Lanka on promoting reconciliation and accountability in Sri
Lanka and the recommendations and conclusions contained therein, in particular including on the
establishment of a truth-seeking mechanism and national reparations policy as an integral part of a
more comprehensive and inclusive approach to transitional justice.

2. Calls upon Encourages the Government of Sri Lanka: to implement the recommendations made
in the reports of the Office of the High Commissioner, and also calls upon the Government to
conduct an independent and credible investigation into allegations of violations of international
human rights law and international humanitarian law, as applicableto hold accountable those
responsible for such violations; to end continuing incidents of human rights violations and abuses
in Sri Lanka; and to implement the recommendations made in the reports of the Office of the High
Commissioner; [from strikethrough above]

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, accountability and reconciliation
for all Sri Lankans.

4. Urges the Government of Sri Lanka to investigate all attacks, by individuals and groups, on
temples, mosques, and churches and to take steps to prevent future attacks; and calls on the
Government of Sri Lanka to investigate and hold accountable perpetrators of attacks on places of
worship, journalists, human rights defenders, members of religious minority groups, and other
members of civil society.

5. Calls upon the Government of Sri Lanka to release the results of its investigations into alleged
violations by security forces, including the attack on unarmed protesters in Weliweriya on August 1, 2013, and the Army Court of Inquiry report of 2013.

6. Encourages the Government of Sri Lanka to provide the Northern Provincial Council and its
Chief Minister with the resources and authority necessary to govern, as required by the 13th
Amendment of Sri Lanka’s constitution.

7. Welcomes the decision of the Government of Sri Lanka to facilitate the visit by the Special
Rapporteur on the Human Rights of Internally Displaced Persons and to issue an invitation to the
Special Rapporteur on the Human Rights of Migrants; and encourages the Government of Sri
Lanka to cooperate with special procedures mandate holders and to respond formally to their
outstanding requests, including by setting dates and providing access.

8. Welcomes the High Commissioner’s recommendations and conclusions on the need for an
independent and credible international investigation in the absence of a credible national process
with tangible results, and requests the Office of the High Commissioner to assess progress toward
accountability and reconciliation, to monitor relevant national processes, and to investigate
alleged violations and abuses of human rights and related crimes by both parties in Sri Lanka, with
input from relevant special procedures mandate holders as appropriate, and to present an oral
update to the Human Rights Council at its twenty-seventh fourth session, and a comprehensive
report followed by a discussion on the implementation of the present resolution at its twenty-eighth
fifth session.

9. 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.

10. Calls upon the Government of Sri Lanka to cooperate with the Office of the High Commissioner
concerning the implementation of this resolution.

Received from:UK,USA,Montenegro,Former Yugoslavian Republic of Macedonia; Mauritius on 03/03/14 @ 16.00