UN High Commissioner for Human Rights Zeid Al Hussein said victims of Sri Lanka’s armed conflict must feel that justice is done, no matter the form of accountability mechanism enacted.

Speaking to reporters at the end of his visit to the island earlier this week, Mr Al Hussein reiterated his office’s support for international involvement in accountability, stating:

“The suggestion of having an impartial and independent court is fundamental because it must address the needs of victims on all sides. And we thought by having international participation this can be guaranteed.”

With reporters reminding the human rights chief of comments from Sri Lankan leaders, who have repeatedly rejected foreign involvement, the High Commissioner noted that there “may be other views”.

However, he added that “certainly the victims views have to be brought into this discussion – and that’s why the consultation that the government has begun is all the more important that their views be taken into account”.

He continued to say:

“There has to be set in motion a process to establish the truth, to establish a mechanism which will confirm or not whether there were systemic violations of a planned and organised manner and whether those thresholds then merit prosecution. All of this requires a step by step approach.”

“However in the end… whatever you do will be for nought if the victims themselves do not feel that justice is being done.”

“In the final analysis it’s not whether the UN says this is good or not good, or this is enough or not enough, it’s not whether others do this. It is whether the affected communities on all sides, all of those who have suffered loss, suffered losing their parents their children, their siblings. It’s only they that ultimately can make these determinations and say the government has done enough in respect of us.”

“In all circumstances, in all countries that I visit, in all press conferences practically that I have with distinguished members of the press, one says time and again, victims have to be at the centre of all processes. Communities can only fully recover from conflict if that is the case.”

Mr Al Hussein also reminded reporters that “there is an obligation on me to return to the Human Rights Council (HRC) and inform the HRC of Sri Lanka’s record in implementation”. “For that reason we will intend to be in close contact with the Sri Lankan authorities to understand what their thinking is,” he added.

He also said that his office decided not to refer the case of Sri Lanka to the International Criminal Court “because we knew how difficult it would be for the court to exercise jurisdiction”. “There was a slim chance that the Security Council would refer it because it was likely there would be a veto that would prevent that. And it would be difficult for the Sri Lankan government to pass such a bill in parliament. For that reason there was no invocation of international jurisdiction.”

However, Mr Al Hussein said that no matter what mechanism takes place, “where the evidence leads the investigators is where in the end you will have prosecutions and convictions”.

The High Commissioner also spoke of his time in Jaffna, where he visited an IDP camp, saying “the yearning to go home as all of you will understand is very strong”.

“Some of these people have been in that camp for over 30 years,” he said. “There was one family I went to visit in their dwelling and their only concern now is to go home. We know as I said that the releases have been made and they are desperate for the releases to quicken so that as many of them can go home and as I said this is a sore that can be sorted out.”

Mr Al Hussein’s visit to the camp raised hopes of resettlement amongst the residents, with the High Commissioner telling them “I hope that next time I come I will not be visiting a welfare centre, but I will come to visit you in your homes”.

The High Commissioner also picked up on Sri Lankan press reports which suggested he turned down a request from the Northern Provincial Council Chief Minister C. V. Wigneswaran to help expedite the release of Tamil political prisoners, some of whom have been detained for decades without charge.

“I understood that there was some misunderstanding in the press about this,” said Mr Al Hussein. “I said that unless there were charges made, the prisoners should be released.”

Late last year, hundreds of Tamil political prisoners held in jails across the island launched a wide scale hunger strike demanding to be released, drawing wide spread support from across the North-East. The issue had drew attention from the British government, which stated it would “continue to monitor closely the situation of detainees”.  A Jaffna University student also committed suicide over the crisis, prompting hundreds of demonstrators on to the streets, demanding justice. 

“We have said this in respect of many other countries,” continued the High Commissioner. “Whenever there are prisoners held under security or administrative or some legal umbrella which has to do with counter terrorism and there are no charges that emerge then we will advocate for a release as early as is possible.” 

See our feature: UN Human Rights chief concludes visit to North-East (09 Feb 2016)