UNHCR Resolution March 27, 2014Text of Resolution on Sri Lanka Passed at the United Nations Human Rights Council in Geneva on March 27th 2014. United Nations Human Rights Council Twenty- fifth session Agenda item 2 Annual report of the United Nations High Commissioner Albania,* Austria, Belgium,* Bulgaria,* Canada,* Croatia,* Cyprus,* Denmark,* Estonia, Finland,* France, Georgia,* Germany, Greece,* Hungary,* Iceland,* Ireland, Italy, Latvia,* Liechtenstein,* Lithuania,* Luxembourg,* Mauritius,* Montenegro, Netherlands,* Norway,* Poland,* Portugal,* Romania, Saint Kitts and Nevis,* Sierra Leone, Slovakia,* Spain,* Sweden,* Switzerland,* the former Yugoslav Republic of Macedonia, United Kingdom of Great Britain and Northern Ireland, United States of America: draft resolution * Non-MemberState of the Human Rights Council.
The Human Rights Council, Reaffirming the purposes and principles of the Charter of the United Nations, Guided by the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant instruments, Bearing in mind General Assembly resolution 60/251 of 15 March 2006, Recalling Human Rights Council resolutions 5/1, on institution-building of the Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders, of 18 June 2007, Recalling also Human Rights Council resolutions 19/2 of 22 March 2012 and 22/1 of 21 March 2013 on promoting reconciliation and accountability in Sri Lanka, Reaffirming its commitment to the sovereignty, independence, unity and territorial integrity of Sri Lanka, Reaffirming also that it is the responsibility of each State to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population, Reaffirming further that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights law, international refugee law and international humanitarian law, as applicable, Reaffirming that all Sri Lankans
are entitled to the full enjoyment of their human rights regardless
of religion, belief or ethnicity, in a peaceful and unified land, Expressing appreciation for the efforts and cooperation of the Government of Sri Lanka in facilitating the visit of the United Nations High Commissioner for Human Rights and providing her with open access, and welcoming the visit of the High Commissioner to Sri Lanka in August 2013, Expressing deep concern at reported intimidation and retaliation against civil society members who engage with United Nations human rights mechanisms, including those who met with the High Commissioner during her visit, Expressing serious concern at the continuing reports of violations of human rights in Sri Lanka, including sexual and gender-based violence, enforced disappearances, extrajudicial killings, torture and violations of the rights to freedom of expression, association and peaceful assembly, threats to judicial independence and the rule of law, as well as intimidation of and reprisals against human rights defenders, members of civil society, lawyers and journalists, Alarmed at the significant
surge in attacks against members of religious minority groups in Sri
Lanka, including Hindus, Muslims and Christians, Taking note of the report of the Lessons Learnt and Reconciliation Commission of Sri Lanka, its findings and recommendations, and acknowledging its possible contribution to the process of meaningful national reconciliation in Sri Lanka, Recalling the constructive recommendations contained in the Commission’s report, including the need to credibly investigate widespread allegations of extrajudicial killings and enforced disappearances, demilitarize the north of Sri Lanka, implement impartial land dispute resolution mechanisms, re-evaluate detention policies, strengthen formerly independent civil institutions, reach a political settlement on the devolution of power to the provinces, promote and protect the right of freedom of expression for all persons and enact rule of law reforms, Taking note of the national
plan of action to implement the recommendations of the Lessons Learnt
and Reconciliation Commission of the Government of Sri Lanka and its
commitments as set forth in response to the findings and recommendations
of the Commission, Noting with concern that the
national plan of action and the Commission’s report do not adequately
address serious allegations of violations of international human rights
law and international humanitarian law, Recalling the responsibility of States to comply with their relevant obligations to prosecute those responsible for gross violations of human rights and serious violations of international humanitarian law constituting crimes under international law, with a view to end impunity, Recalling also the High Commissioner’s conclusion that national mechanisms have consistently failed to establish the truth and to achieve justice, and her recommendation that the Human Rights Council establish an international inquiry mechanism to further investigate the alleged violations of international human rights law and international humanitarian law and monitor any domestic accountability processes, Encouraging the Government of Sri Lanka to increase its dialogue and cooperation with the Office of the High Commissioner, including with regard to technical assistance, 1. Welcomes the oral update presented by the United Nations High Commissioner for Human Rights to the Human Rights Council at its twenty-fourth session[1] and the subsequent report of the Office of the United Nations High Commissioner for Human Rights on promoting reconciliation and accountability in Sri Lanka[2] and the recommendations and conclusions contained therein, including on the establishment of a truth-seeking mechanism and national reparations policy as an integral part of a more comprehensive and inclusive approach to transitional justice; 2. Calls upon the Government of Sri Lanka to conduct an independent and credible investigation into allegations of violations of international human rights law and international humanitarian law, as applicable; to hold accountable those responsible for such violations; to end continuing incidents of human rights violations and abuses in Sri Lanka; and to implement the recommendations made in the reports of the Office of the High Commissioner; 3. Reiterates its call upon the Government of Sri Lanka to implement effectively the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission, 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; 4. Urges the Government
of Sri Lanka to investigate all alleged attacks, by individuals and
groups, on journalists, human rights defenders, members of religious
minority groups and other members of civil society, as well as on temples,
mosques and churches, and also urges the Government to hold perpetrators
of such attacks to account and to take steps to prevent such attacks
in the future; 6. Encourages the Government
of Sri Lanka to ensure that all Provincial Councils, including the Northern
Provincial Council, are able to operate effectively, in accordance with
the 13th amendment to the Constitution of Sri Lanka; 9. Encourages the Government of Sri Lanka to cooperate with other special procedures mandate holders and to respond formally to their outstanding requests, including long-standing requests; 10. Takes note of the recommendations and conclusions of the High Commissioner regarding ongoing human rights violations and the need for an international inquiry mechanism in the absence of a credible national process with tangible results, and requests the Office of the High Commissioner: (a) To monitor the human rights
situation in Sri Lanka and to continue to assess progress on relevant
national processes; (c) To present an oral update
to the Human Rights Council at its twenty-seventh session, and a comprehensive
report followed by a discussion on the implementation of the present
resolution at its twenty-eighth session; 12. Calls upon the Government of Sri Lanka to cooperate with the Office of the High Commissioner in the implementation of the present resolution
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