Sri Lanka must urgently implement the commitments made in UN resolution 30/1 to address the legacy of widespread and serious human rights violations that occurred in the context of the internal armed conflict in the country, the United Nations said in a new report released Monday.
“The pervasive climate of impunity and the lack of accountability for serious human rights violations that occurred both during the conflict and in the aftermath requires immediate redress,” the report said.
Although Sri Lanka turned a corner in 2015 and set out key goals for reconciliation, transitional justice, accountability and reform of the security sector, including the counter-terrorism framework, progress in achieving the key goals seems to have ground to a virtual halt, the report of the Special Rapporteur on the promotion and protection of human rights while countering terrorism said.
The former Special Rapporteur on the promotion and protection of human rights while countering terrorism Ben Emmerson QC, who visited Sri Lanka at the invitation of the Sri Lankan government from 10-14 July 2017, in the 18-page report said none of the measures so far adopted to fulfil Sri Lanka’s transitional justice commitments are adequate to ensure real progress.
“The counter-terrorism apparatus is still tainted by the serious pattern of human rights violations that were systematically perpetrated under its authority,” the Special Rapporteur concluded in the report.
He said the draconian Prevention of Terrorism Act (PTA) is still in the statue book and the new legislation drafted in place largely reflects the interests of the security sector and is far from being adequately grounded in international human rights law.
“Individuals are still held in detention under the PTA, impunity is still the rule for those responsible for the routine and systemic use of torture, and countless individuals are the victims of gross miscarriages of justice resulting from the operation of the PTA. The Tamil community remains stigmatized and disenfranchised, while the trust of other minority communities is being steadily eroded,” the report said.
While making several recommendations, the Special Rapporteur in his report said the counter-terrorism legislation requires a complete overhaul to bring it into line with international human rights law.
A failure to address these issues promptly and effectively will provide fertile ground for those intent on resorting to political violence, as real and perceived grievances are exploited by militants to garner support amongst vulnerable and alienated sections of the population, he pointed out.
“The price that Sri Lanka’s future generations will have to pay for the continuation of this legal repression may prove as costly or even costlier than that which has so far confronted the present generation,” the UN official warned.
Full Report of Special Rapporteur
