Report of the Office of the United Nations High Commissioner for Human Rights on advice and technical assistance for the Government of Sri Lanka on promoting reconciliation and accountability in Sri L (Lanka-e-News-12.Feb.2013, 11.30PM) The Lessons Learnt and Reconciliation Commission made significant and far-reaching recommendations towards reconciliation and strengthening the rule of law in Sri Lanka, despite its limitations. In order to define areas of possible advice and assistance by the Office of the United Nations High Commissioner for Human Rights and the special procedures pursuant to Human Rights Council resolution 19/2, the present report examines the recommendations of the Commission and the plans of the Government of Sri Lanka to implement them, and to address alleged violations of international law. To date, the Government has made commitments on only selected recommendations of the Commission, and has not adequately engaged civil society in support of a more consultative and inclusive reconciliation process The Government has made significant progress in rebuilding infrastructure; and while the majority of internally displaced persons have been resettled, considerable work lies ahead in the areas of justice, reconciliation and resumption of livelihoods. The steps taken to investigate further allegations of serious violations of human rights have also been inconclusive, and lack the independence and impartiality required to inspire confidence. Meanwhile, continuing reports of extrajudicial killings, abductions and enforced disappearance in the past year highlight the urgency of action to combat impunity. It is against this background that possible areas of technical assistance are identified, and recommendations are made. Contents ———————————- I. Introduction 1–4 II. Engagement by the Office of the High Commissioner 5–7 4 III. Engagement by human rights mechanisms 8–9 4 IV. National plan of action for the implementation of recommendations of the Lessons Learnt and Reconciliation Commission 10–12 5 V. Areas of concern identified in Human Rights Council resolution 19/2 13–56 6 A. Rule of law and the administration of justice 14–16 6 B. Credible investigations of widespread allegations of extrajudicial killings and enforced disappearance 17–30 7 C. Detention policies 31–36 10 D. Internal displacement and land issues . 37–42 11 E. Right to freedom of opinion and expression 43–45 13 F. Demilitarization. 46–50 13 G. Reconciliation and reparations 51–56 14 VI. Possible areas of technical assistance by the Office of the High Commissioner 57–60 15 VII. Conclusion and recommendations 61–64 16 I. Introduction ——————————————- 1. The present report is submitted pursuant to Human Rights Council resolution 19/2, in which the Council called upon the Government of Sri Lanka to implement the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission1 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. The Council requested the Government to present a comprehensive action plan detailing the steps that the Government had taken and would take to implement the recommendations made in the Commission’s report, and also to address alleged violations of international law. It encouraged the Office of the United Nations High Commissioner for Human Rights (OHCHR) 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, and requested OHCHR to present a report on the provision of such assistance to the Council at its twenty-second session. 2. In June 2010, the Secretary-General appointed the Panel of Experts on Accountability in Sri Lanka to advise him on accountability issues in Sri Lanka and offered it as a resource to the Government, and particularly to the Lessons Learnt and Reconciliation Commission.2 The Panel, which submitted its report to the Secretary- General in April 2011, found credible allegations of potential serious violations of international law committed by the Government of Sri Lanka and by the Liberation Tigers of Tamil Eelam (LTTE).3 The Government of Sri Lanka has never afforded any credence or legitimacy to the report of the Panel. 3. In July 2012, the Government issued a national plan of action for the implementation of the recommendations of the Lessons Learnt and Reconciliation Commission. According to the delegation of Sri Lanka participating in the fourteenth session of the universal periodic review, in November 2012, the Sri Lankan army had also appointed a board of inquiry to study the Commission’s recommendations and to formulate a viable action plan to implement the recommendations that are relevant to the army. The relationship of this mechanism to the national plan of action is, however, unclear. 4. In order to define areas of possible advice and assistance that could be offered to the Government by OHCHR and the special procedures pursuant to Human Rights Council resolution 19/2, the recommendations of the Lessons Learnt and Reconciliation Commission and the steps taken by the Government of Sri Lanka or plans to implement (c) the denial of humanitarian assistance; (d) human rights violations suffered by victims and survivors of the conflict; and (e) human rights violations outside the conflict zone, including against the media and other critics of the Government. In the case of the LTTE, these were (a) using civilians as a human buffer; (b) killing civilians attempting to flee LTTE control; (c) using military equipment in the proximity of civilians; (d) forced recruitment of children; (e) forced labour; and (f) the killing of civilians through suicide attacks (paras. 176-177). The panel concluded that “the credible allegations trigger a legal duty of the Government to conduct immediate and genuine investigations and, if the evidence warrants, to prosecute those most responsible” (para. 425) them, and also to address alleged violations of international law, are examined in the present report. The report also draws on observations by an OHCHR technical mission to the country in September 2012.4II. Engagement by the Office of the High Commissioner

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