Sri Lanka: The UN Secretary-General Must Enforce the UN's Own Recommendations for Accountability Over War Crimes.

USTPAC and 10 Country organizations write to UN Secretary General calling for action based on PoE Report USTPAC and 10 Country organizations write to UN Secretary General calling for action based on PoE Report 

H.E. Mr. Ban Ki-moon
Secretary-General
United Nations
New York, NY 10017
United States
February 16, 2012

Your Excellency,

On behalf of concerned Tamil organizations from around the world, we are writing to you regarding the United Nations Panel of Experts’ Report (PoE Report) on accountability in Sri Lanka , and your joint commitment with the Government of Sri Lanka to an accountability process for the alleged serious crimes committed in Sri Lanka during the final stages of the war.

In May 2009, you issued a joint statement with the Government of Sri Lanka in which the Government agreed to take measures to address concerns about accountability for events that took place during the final stages of the civil war. In 2010, you appointed a Panel of Experts to advise you on the implementation of this important joint commitment and to further understand Sri Lanka ’s obligations under international law.

We welcomed and endorsed the PoE Report when it was released in 2011 with its finding of credible allegations that a wide range of serious violations of international humanitarian law and international human rights law were committed both by the Government of Sri Lanka and by the Liberation Tigers of Tamil Eelam (LTTE). Our respective groups represent many of the Tamil communities that live abroad, who were largely forced into exile due to the conflict, and we have a stake in the equitable resolution of the conflict.

Many of us were personally affected by the events that took place during the war and by the immense suffering of our friends and family members who remained in Sri Lanka during the final stages of the conflict. We saw then, as we do now, a pressing need for the international community to pay attention to the serious abuses that occurred, and we applauded your principled stand and your willingness to take action.

As you are aware, the PoE Report recommended that the Government of Sri Lanka initiate an “effective domestic accountability process” and that it should “immediately commence genuine investigations” into the alleged violations. The Report, crucially, also recognized the immediate need for “an independent international mechanism” to monitor the domestic process and to conduct its own investigations.

Additionally, the PoE Report called on the UN to conduct a comprehensive review of its actions during the war and its aftermath regarding the implementation of its humanitarian and protection mandates.

It has been almost a full year since the release of the PoE Report, and yet none of these three key recommendations have been implemented.

First, the Government of Sri Lanka has made no progress towards an effective domestic accountability process for the serious and widespread alleged crimes committed during the war. The Lessons Learnt and Reconciliation Commission (LLRC), which was the Government’s answer to accountability concerns, has been widely criticised by governments, human-rights NGOs, and civil society alike for failing to meet international standards for such commissions.

While the LLRC Report makes some positive recommendations concerning reconciliation within Sri Lanka , it fails to address the serious allegations raised in the PoE Report on accountability. The LLRC Report largely accepts the Government’s version of events, disregards the gross abuses committed by government forces, and relies on a deeply flawed interpretation of international humanitarian law.

Second, no action has been taken to establish an independent international investigative mechanism. You have previously stated your view that this responsibility falls to the Human Rights Council and to this end you forwarded the PoE Report to the President of the Human Rights Council in September 2011. However, the Council has not officially acknowledged the document, let alone discussed the substance of the Report and the continuing and pressing need for an international investigation. Third, we understand that the UN’s internal review process has stalled and that Ms Thoraya Obaid, who was appointed to lead the review, has withdrawn from this position.

In the meantime, abuses of human rights are ongoing in Sri Lanka . The complete absence of credible investigations and prosecutions of the violations committed during the war has led to a cycle of impunity. In November 2011, the Committee Against Torture issued a troubling report on Sri Lanka , finding consistent allegations of widespread use of torture by state actors in post-war Sri Lanka . International Crisis Group recently released a report on the extreme vulnerability of women in the Tamil-dominated north and east, where they face increased militarization and are at risk of sexual violence perpetrated by government forces.

We recognize that accountability must be handled sensitively, but it is critical that the recommendations in the PoE Report are implemented.

We take seriously the PoE Report’s finding that the diaspora “remained silent” in the face of numerous LTTE violations during the war. We wish to make clear that we support accountability equally for all those who committed crimes and serious violations of human rights and humanitarian law at the end of the war. In letters sent to the diplomatic community at the end of last year, we reiterated our “full and unqualified support for such accountability, both for members of the Government and the LTTE for these crimes and violations” (emphasis added).

We commend the strong leadership you showed in appointing the Panel of Experts, and in forwarding the PoE Report to the Human Rights Council. We call upon you now at this crucial time to retain that leadership role by continuing to honor your joint commitment with the Government of Sri Lanka to an effective accountability process.

Without a meaningful accountability process and continued international attention, true peace and reconciliation in Sri Lanka will not be possible.

We strongly urge you to use your good offices to ensure that the PoE Report is tabled by the President of the Human Rights Council at the upcoming session in Geneva so that it receives the full and formal consideration it deserves. We further urge you to continue your leadership on this issue and ensure that the important recommendations of your Panel of Experts are implemented.

Please accept, Your Excellency, the assurances of our highest consideration.

Yours sincerely,

Dr. Elias Jeyarajah, President
United States Tamil Political Action Council (USTPAC)

Dr. Raj Rajeswaran, Chairman
Australian Tamil Congress (ATC)

Rev. Dr. S. J. Emmanuel, President
Global Tamil Forum (GTF)

Mr. K. Arumugam, Chair
Suara Rakyat Malaysia (Voices of Malaysian People) (SUARAM)

Mr. Kana Nirmalan, Head of Human Rights Team
British Tamils Forum (BTF)

Dr. Panchakulasingam Kandiah, President
Norwegian Council of Eelam Tamils (NCET)

Mr. Suntharamoorthy Umasuthan, President
Canadian Tamil Congress (CTC)

Dr. Nagalingam Iyngkaran, Chairman
Tamil Forum Malaysia (TFM)

Mr. G. Jeganmohan, President
Swedish Tamil Forum (STF)

Mr. Gunaraj George, Key Coordinator
Council of Temples Malaysia (CTM)

Mr. Rajkumar Palanisamy, President
Tamils Cultural Centre, Tamil Nadu , India