UNCLASSIFIED
Draft resolution HRC 25 14 March 2014
25/1. Promoting reconciliation, accountability, and human rights in Sri Lanka
The Human Rights Council,
1. Reaffirming the purposes and principles of the Charter of the United Nations,
2. Guided by the Universal Declaration of Human Rights, the International Covenants on Human
Rights and other relevant instruments,
3. Bearing in mind General Assembly resolution 60/251 of 15 March 2006,
4. 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,
5. 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,
6. 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,
7. 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,
8. Recognizing the Human Rights Council’s support of Reaffirming that all Sri Lankans
to are entitled to the full enjoyment of their human rights regardless of creed, faith religion,
belief, or ethnicity, in a peaceful and unified land,
9. 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, land use and
ownership 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,
10. 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,
11. 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
providing her with open access, and encouraging the Government to increase its dialogue and
cooperation with the Office of the High Commissioner, and welcoming the visit of the High
Commissioner to Sri Lanka in August 2013,
12. Expressing deep concern over reported intimidation and retaliation against civil
society members who engage with UN human rights mechanisms including those who met with
the High Commissioner during her visit,
13. 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, threats
to judicial independence and the rule of law, as well as intimidation of and reprisals against human
rights defenders, members of civil society, lawyers and journalists,
14. Alarmed at the significant surge in attacks 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,
15. 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,
16. 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,
17. Recalling the constructive recommendations contained in the Commission’s report, including the
need to credibly investigate widespread allegations of extrajudicial killings and enforced disappe
arances, demilitarize the north of Sri Lanka, implement impartial land dispute resolution mechanisms,
reevaluate 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 a persons and enact rule of law reforms,
18. 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,
19. Noting 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,
20. Noting 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,
21. 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
22. 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,
24. Recalling the High Commissioner’s conclusion that national mechanisms have
consistently failed to establish the truth and achieve justice, 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,
25. 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 applicable; to 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;
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 alleged 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, as well as on temples, mosques and
churches, and further urges the Government of Sri Lanka to hold perpetrators to account and
take steps to prevent such attacks in the future;
5. Calls upon the Government of Sri Lanka to release publically 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 Calls upon the Government of Sri Lanka to provide ensure that the
Northern Provincial Council and its Chief Minister with the resources and authority necessary
to govern, as required by is able to operate effectively, in line with 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 in December 2013,
and to issue an invitation to the Special Rapporteur on the Human Rights of Migrants; and
calls upon the Government to facilitate the effective implementation of durable solutions for
IDPs, including the longterm displaced
7 bis. Further welcomes the invitation to the Special Rapporteurs on the Human Rights of
Migrants and the Right to Education;
7 ter. Encourages the Government of Sri Lanka to cooperate with other special procedures
mandate holders and to respond formally to their outstanding requests, including long standing requests;
8. Welcomes Takes note of the High Commissioner’s recommendations and conclusions
regarding ongoing human rights violations and on the need for an independent and credible
international inquiry mechanism in the absence of a credible national process with tangible
results, and requests the Office of the High Commissioner:
a) to continue to monitor the human rights situation in Sri Lanka and assess progress
toward accountability and reconciliation, on relevant national processes;
b)to lead a comprehensive investigation into alleged serious violations and abuses of
human rights and related crimes by both parties in Sri Lanka and establish the facts
and circumstances of such violations and of the crimes committed with a view to
avoiding impunity and ensuring accountability, with input assistance from relevant
experts special procedures mandate holders as appropriate,;
c) 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,
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.
=========================================
குறிப்பு:ஐ.நா.சபை மனித உரிமைக்கவுன்சிலின் 25 ஆவது அமர்வில் (2014), இலங்கை தொடர்பாக முன்வைக்கப்பட்ட இந்திய அமெரிக்கத் தீர்மானத்தின் இரண்டாம் வரைபு. அழுத்தம் நமது.ENB
Draft resolution HRC 25 14 March 2014
25/1. Promoting reconciliation, accountability, and human rights in Sri Lanka
The Human Rights Council,
1. Reaffirming the purposes and principles of the Charter of the United Nations,
2. Guided by the Universal Declaration of Human Rights, the International Covenants on Human
Rights and other relevant instruments,
3. Bearing in mind General Assembly resolution 60/251 of 15 March 2006,
4. 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,
5. 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,
6. 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,
7. 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,
8. Recognizing the Human Rights Council’s support of Reaffirming that all Sri Lankans
to are entitled to the full enjoyment of their human rights regardless of creed, faith religion,
belief, or ethnicity, in a peaceful and unified land,
9. 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, land use and
ownership 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,
10. 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,
11. 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
providing her with open access, and encouraging the Government to increase its dialogue and
cooperation with the Office of the High Commissioner, and welcoming the visit of the High
Commissioner to Sri Lanka in August 2013,
12. Expressing deep concern over reported intimidation and retaliation against civil
society members who engage with UN human rights mechanisms including those who met with
the High Commissioner during her visit,
13. 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, threats
to judicial independence and the rule of law, as well as intimidation of and reprisals against human
rights defenders, members of civil society, lawyers and journalists,
14. Alarmed at the significant surge in attacks 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,
15. 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,
16. 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,
17. Recalling the constructive recommendations contained in the Commission’s report, including the
need to credibly investigate widespread allegations of extrajudicial killings and enforced disappe
arances, demilitarize the north of Sri Lanka, implement impartial land dispute resolution mechanisms,
reevaluate 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 a persons and enact rule of law reforms,
18. 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,
19. Noting 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,
20. Noting 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,
21. 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
22. 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,
23. 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;
24. Recalling the High Commissioner’s conclusion that national mechanisms have
consistently failed to establish the truth and achieve justice, 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,
25. 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 applicable; to 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;
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 alleged 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, as well as on temples, mosques and
churches, and further urges the Government of Sri Lanka to hold perpetrators to account and
take steps to prevent such attacks in the future;
5. Calls upon the Government of Sri Lanka to release publically 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 Calls upon the Government of Sri Lanka to provide ensure that the
Northern Provincial Council and its Chief Minister with the resources and authority necessary
to govern, as required by is able to operate effectively, in line with 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 in December 2013,
and to issue an invitation to the Special Rapporteur on the Human Rights of Migrants; and
calls upon the Government to facilitate the effective implementation of durable solutions for
IDPs, including the longterm displaced
7 bis. Further welcomes the invitation to the Special Rapporteurs on the Human Rights of
Migrants and the Right to Education;
7 ter. Encourages the Government of Sri Lanka to cooperate with other special procedures
mandate holders and to respond formally to their outstanding requests, including long standing requests;
8. Welcomes Takes note of the High Commissioner’s recommendations and conclusions
regarding ongoing human rights violations and on the need for an independent and credible
international inquiry mechanism in the absence of a credible national process with tangible
results, and requests the Office of the High Commissioner:
a) to continue to monitor the human rights situation in Sri Lanka and assess progress
toward accountability and reconciliation, on relevant national processes;
b)to lead a comprehensive investigation into alleged serious violations and abuses of
human rights and related crimes by both parties in Sri Lanka and establish the facts
and circumstances of such violations and of the crimes committed with a view to
avoiding impunity and ensuring accountability, with input assistance from relevant
experts special procedures mandate holders as appropriate,;
c) 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,
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.
=========================================
குறிப்பு:ஐ.நா.சபை மனித உரிமைக்கவுன்சிலின் 25 ஆவது அமர்வில் (2014), இலங்கை தொடர்பாக முன்வைக்கப்பட்ட இந்திய அமெரிக்கத் தீர்மானத்தின் இரண்டாம் வரைபு. அழுத்தம் நமது.ENB
