Draft UN resolution to extend mandate of war crimes evidence gathering mechanism for 12 months

A draft United Nations Human Rights Council resolution looks set to extend the mandate of a war crimes evidence gathering mechanism for a further year, as the Sri Lankan government continues to reject any prospect of international accountability for mass atrocities this week.

A draft United Nations Human Rights Council resolution looks set to extend the mandate of a war crimes evidence gathering mechanism for a further year, as the Sri Lankan government continues to reject any prospect of international accountability for mass atrocities this week.

The draft of the resolution, which was circulated in Geneva this week, welcomes the report by the UN High Commissioner for Human Rights and calls to extend the mandate of the Office of the High Commissioner for Human Rights (OHCHR) for a further one year.

It follows a scathing report by the OHCHR documenting human rights in Sri Lanka between the adoption of UNHRC resolution 51/L1, in October 2022, and July 2024.

The report details the prevalence of sexual abuse and intimidation against Tamil activists by Sri Lanka’s security forces; as well concerns over continued crackdowns on memorial across the North-East; and the introduction legislation which could be used to stifle dissent. Commenting on the issues of accountability, the report highlights that Sri Lanka’s “entrenched impunity has also manifested itself in the corruption, abuse of power and governance failures that were among the root causes of the country’s recent economic crisis”.

The report concludes advising other states to consider using other international legal options to advance accountability and raises the International Criminal Court (ICC) as a potential avenue as well as prosecutions under the principal of universal jurisdiction.

However, it does not mandate any such referral and simply extends the resolution by a further 12 months, until the 60^th session of the UNHRC.

The short circulating draft is the shortest resolution on Sri Lanka to be brought forward at the global body so far, consisting of just two paragraphs.

Since the last resolution, few countries have acted upon the recommendations outlined in the UN High Commissioner's report, which included the use of universal jurisdiction and targeted sanctions against Sri Lankan human rights abusers.

Over 15 years have passed since the genocide of 2009, which claimed the lives of an estimated 169,000 Tamils.

See the full text of the resolution below.

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Human Rights Council, 57^th Session

Item 2

Promoting Reconciliation, Accountability and Human Rights in Sri Lanka

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations the Universal Declaration of Human Rights and relevant international human rights treaties,

Recalling its previous resolutions on promoting reconciliation, accountability and human rights in Sri Lanka, the most recent of which was Human Rights Council resolution 51/1 of 6 October 2022,

1. Welcomes the report of Office of the United Nations High Commissioner for Human Rights presented to the Council at its 57^th session;

2. Decides to extend the mandate and all requested work of the Office of the High Commissioner for Human Rights in Human Rights Council resolution 51/1 and requests the Office of the High Commissioner for Human Rights to present an oral update at its 58^th session, and a comprehensive report on progress on human rights, reconciliation, and accountability in Sri Lanka at its 60th session to be discussed in an interactive dialogue.