Fundamental and far-reaching accountability needed in Sri Lanka says UN Human Rights Chief

"On 7 April 2014, the Minister of Mass Media and Information informed the press that the Government would take legal action against those who testify before the OHCHR investigation if the evidence submitted by them was in violation of the county’s Constitution. Various calls were made by representatives of political parties and other groups for the arrest of members of parliament and civil society members who had participated in the Human Rights Council session in March."

"This has been followed by a steady stream of incitement and hate speech in print, electronic and social media against civil society activists who have publicly advocated for accountability, reconciliation and human rights."

“This climate of intimidation and threat seems calculated to make the international investigation mandated by the Human Rights Council even more challenging and difficult. It means that the OHCHR team have to take all possible appropriate measures to protect potential witnesses who may wish to provide information,” the High Commissioner said, adding that this would impact on Sri Lanka's domestic investigations.

"On 18 June, the Sri Lankan Parliament passed a motion opposing the investigation, on the grounds, inter-alia, that it violated Sri Lanka’s sovereignty, although one opposition party voted against and others abstained or absented themselves from the vote. The Northern Provincial Council had previously adopted three resolutions on 28 April supporting the Human Rights Council resolution."

"The Office has repeatedly been accused in Sri Lankan media of lack of transparency for not revealing details of its investigation team or its sources, but such confidentiality will be a necessary measure to protect anyone who provides information to the investigation, as well as to ensure the integrity of the investigation itself."

“The fact that there is an international investigation does not relieve Sri Lanka of its obligations under international humanitarian law and international human rights law to conduct investigations, nor does the existence of domestic initiatives (which only partially cover the period and allegations (concerned) prevent an international investigation moving forward. The question is how Sri Lanka will take further the results of the international investigation in its own domestic process, or whether further steps will be required."

“There remain nine outstanding requests to visit Sri Lanka by other special procedures: on minority issues; freedom of peaceful assembly and of association; freedom of opinion and expression; extra-judicial, summary or arbitrary executions; enforced or involuntary disappearances; human rights defenders; independence of judges and lawyers; discrimination against women in law and practice; and truth, justice, reparation and guarantees of non-recurrence.”

“The High Commissioner firmly believes that a more fundamental and far-reaching accountability process in Sri Lanka, addressing both past and ongoing violations, is absolutely necessary for Sri Lankans to come to terms with their past, end impunity, achieve reconciliation between communities and strengthen the rule of law.”

“The High Commissioner intends the comprehensive investigation mandated by the Human Rights Council and being undertaken by OHCHR to make an important contribution in this regard.”

“He therefore appeals once again to the Sri Lankan authorities to cooperate fully with the investigation, as well as with the relevant Special Procedures mandate holders, in the long-term interests of all Sri Lankans.”