Lawyers Collective welcomes UNHRC resolution

Lawyers Collective welcomes the UNHRC resolution adopted without a division at the 30th session of the HRC on Sri Lanka, as a positive step towards conducting an internal investigation into violation of human rights, International Humanitarian Law and Customary Human Right Laws, with the assistance of experts, lawyers and judges from Commonwealth Countries to help in the process.

We welcome the commitments in the resolution to the sovereignty, independence, unity and territorial integrity of Sri Lanka and the assertion that it is the responsibility of each State to ensure the full enjoyment of all human rights and fundamental rights procedures of its entire population.

Further we view the move towards the appointment of a commission on truth, justice, reparation, and non-recurrence as an important advance towards reconciliation. The resolution has widely opened the way for Sri Lanka to play a vital role as a member of the international community, committed to the values of the UNO Charter, the universal Declaration of Human Rights and other covenants on Human Rights and Social and Political Rights. This has not only paved the way for national reconciliation but has also widely opened avenues for economic advancement in collaboration with the international community. 

We also welcome:

I. The establishment of a judicial mechanism with Special Counsel to investigate allegation of violations and abuses of human rights and violation of international humanitarian law.

II. The commitments to seek assistant from independent judicial and prosecutorial institutions led by individuals known for integrity and impartiality and the participation in a Sri Lankan judicial mechanism of Commonwealth and other foreign judges, defenders, lawyers and authorised prosecutors and investigators and we do not view this as an attack on our sovereignty and the judicial system as it is accepted that the institutions has to be setup within the framework of the constitution.

III. The commitments of the government of Sri Lanka to establish a commission for truth, justice, reparation, and non-recurrence and officer of Missing Persons and an office for Reparation.

IV. The Government’s commitment to review the Public Security Ordinance and the Prevention of Terrorism Act and replace it with anti-terrorism legislation in line with contemporary international practices.

V. The Government’s commitment to a political settlement by making necessary constitution changes.

VI. The Government’s commitment to strengthen and safeguard the credibility of the process of truth seeking, preparation and guarantees of non-recurrence by engaging in broad national consultation with the inclusion of victims of civil society groups.

This resolution has positively laid to rest the fears and suspicions that prevail regarding the nature of the investigation, which under the earlier resolutions on Sri Lanka would have led either to an international investigation or what is stated to be an investigation by a Hybrid Court.

Therefore, we appreciate the recent development which has led to a situation where an acceptable investigative procedure towards a just and fair investigation and action acceptable to all would evolve.

This has saved Sri Lanka the embarrassment of being subjected to an international investigation on war crimes. The President, the Prime Minister and the Minister of Foreign Affairs should be congratulated for acting patiently with understanding to reach this stage. 

The change of heart of the international community was no doubt due to the revolution that the people brought about on 8 January and reaffirmed on 17 August. 

The reaffirmation of faith in Democracy, Rule of Law and human rights and the attitude of the present leadership towards the international community has helped to move towards the resolution that has specifically reaffirmed the commitment of the international community to the sovereignty, independence, unity, territorial integrity of Sri Lanka and the right to determine its future including the administration of justice.