Dispelling misinformation and myths regarding the UNHRC resolution and its impact on Sri Lanka

This document provides basic information on the United Nations Human Rights Council(UNHRC), the proposed resolution on Sri Lanka at the present 19th Session of the UNHRC and its implications. This document aims to clarify some of the basic facts and

developments and dispel any misinformation and myths regarding the resolution and its impact on Sri Lanka and its people.

What is the United Nations Human Rights Council?

The United Nations Human Rights Council (UNHRC) is an inter-governmental body withinthe United Nations (UN) system responsible for strengthening the promotion and protectionof human rights around the globe, and for addressing situations of human rights violationsand making recommendations on them. The UNHRC is made up of 47 UN member stateselected by the UN General Assembly in New York. The UNHRC is based in Geneva.

Is Sri Lanka a member of the UNHRC?

No. Sri Lanka lost its seat at the UNHRC in an election held in 2008. What are the ongoing developments at the UNHRC regarding Sri Lanka? The United States of America (USA) has tabled a draft resolution at the 19th Session of theUNHRC to discuss the human rights situation in Sri Lanka including the implementation of the Government’s own Lessons Learnt and Reconciliation Commission (LLRC).

What is the LLRC?

The LLRC is a presidential commission of inquiry appointed by the President of Sri Lanka,Mahinda Rajapaksa on 15th May 2010 to examine the causes of the conflict, its impact on thepeople and to suggest recommendations to promote national unity and reconciliation and toidentify mechanisms for restitution to the people affected by the conflict. The eight-member commission conducted hearings in Colombo and in some districts, although many of those wanting to give testimony outside of Colombo were unable due to lack of time andinadequate planning. Reports have also surfaced of witnesses who provided criticaltestimony on human rights violations being subsequently threatened and harassed. Thecommission handed over its final report to the president on 20th November 2011. The multiple recommendations covered a variety of issues including the need for furtherinvestigations into violations committed during the war, introducing a Right to InformationAct, assistance for the displaced, addressing demilitarisation and disarmament of armedgroups and the need for a political solution among others. While some groups see therecommendations in a positive light, others have critiqued them for being inadequate, whileother groups have criticized the LLRC for exceeding its mandate.

What has happened to the LLRC’s recommendations?

While the Government made the report public in December 2011 and has made numerousstatements that it will implement the recommendations, the Government has neitherprovided a list of recommendations that it has implemented so far nor indicated a process for implementation. Nor has there been significant progress with the interimrecommendations issued by the LLRC in September 2010 – a point noted by the LLRC inits final report.

What does the draft resolution sponsored by the US aim to do?

The draft resolution has three main suggestions:1.

Calls on the Government of Sri Lanka to implement the constructive recommendationsin the LLRC report and take all necessary additional steps to fulfill its relevant legalobligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans.2.

Requests that the Government of Sri Lanka present a comprehensive action plan asexpeditiously as possible detailing the steps the Government has taken and will take toimplement the LLRC recommendations and also to address alleged violations of international law.3.

Encourages the Office of the High Commissioner for Human Rights and relevant special procedures to provide, and the Government of Sri Lanka to accept, advice andtechnical assistance on implementing those steps and requests the Office of the HighCommissioner for Human Rights to present a report to the Council on the provision of such assistance at its twenty-second session.The first two paragraphs request the Government of Sri Lanka to implement the findings of its own LLRC – none of which have been implemented even four months after the report was handed over to the Government. The third paragraph calls for support for theGovernment of Sri Lanka to implement these findings through the assistance of various UNactors.The resolution does not call for sanctions, military intervention or punitive action against the Government of Sri Lanka. The only requirement by the Government is to provide aplan as to how the LLRC will be implemented, a simple requirement that will also provideinformation to the citizens of Sri Lanka and others as to how the Government will set about fulfilling their obligations.

What will the impact be on Sri Lanka if the draft resolution is passed at the UNHRC?

The resolution is focused on getting the Government of Sri Lanka to implement therecommendations of its own LLRC and to explain how it is implementing them. This isneeded when no public information is available in Sri Lanka on whether and how theLLRC is to be implemented. It is also in a context when previous commission findings,including those appointed by this Government, have not been implemented. The resolutionprovides for the support of the UNHRC, other member states of the UN and other actors who can provide technical assistance to fully implement the LLRC findings.The Government and other actors have criticized the resolution as being an attempt tointervene in the domestic affairs of Sri Lanka. The resolution does not contain provisions where any actor can interfere in domestic issues in Sri Lanka and is proposed to support the Government of Sri Lanka fulfill its obligations.

How can the resolution support long-term reconciliation and peace in Sri Lanka?

The LLRC has some positive recommendations on human rights, governance,reconciliation and devolution and if implemented fully can help strengthen peace andreconciliation in Sri Lanka. It also provides an opportunity for the Government of SriLanka to obtain technical assistance from experts in the UN who can support theGovernment in its implementation.

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