Human Rights Council Must Break Cycle of Impunity in Sri Lanka

22 Organizations Urge UN Resolution Ensuring Human Rights and Justice in Sri Lanka

22nd February 2021, Geneva, Switzerland: The UN Human Rights Council must take immediate and concrete action to prevent impunity for past abuses and address the deteriorating human rights situation in Sri Lanka, said a coalition of 22 organizations today. Highlighting recent recommendations of the UN High Commissioner for Human Rights, an open letter from human rights non-governmental organizations and academic centers and clinics urges the Human Rights Council to enhance monitoring of the situation in Sri Lanka, establish an independent mechanism to collect and preserve evidence of past and ongoing violations, and prioritize support to civil society and victims. The Human Rights Council opens its 46th session today.

Ongoing impunity for serious human rights violations, including allegations of war crimes and crimes against humanity, committed over the course of a decades-long war has created a crisis of accountability in Sri Lanka. The toll on civilians, who have suffered serious violations and abuses, including extrajudicial killings, enforced disappearances, arbitrary detention, torture, and sexual violence, has been enormous with the High Commissioner noting how “the failure to deal with the past continues to have devastating effects on tens of thousands of survivors.” UN bodies have documented Sri Lanka’s persistent failures to protect human rights and a pattern of obstructing investigations, rewarding human rights abusers, and targeting government critics. It is essential that the Human Rights Council pass a resolution with concrete action as a signal to the Government of Sri Lanka that continuing impunity and abuses are not acceptable, and to affirm that the United Nations is committed to securing justice for survivors.

Read the letter here.

The 22 organizations that signed the letter are: Asian Forum for Human Rights and Development (FORUM ASIA); Center for Justice and Accountability (CJA); Centre for Policy Alternatives (CPA); Committee to Protect Journalists (CPJ); International Coalition for the Responsibility to Protect (ICRtoP); International Commission of Jurists (ICJ); International Federation for Human Rights (FIDH); International Human Rights Clinic at Harvard Law School; International Movement Against All Forms of Discrimination and Racism (IMADR); International Service for Human Rights (ISHR); European Center for Constitutional and Human Rights (ECCHR); Franciscans International; Freedom from Torture; Free Press Unlimited; Human Rights Watch (HRW); People for Equality and Relief in Lanka (PEARL); REDRESS; Reporters without Borders (RSF); Sri Lanka Campaign; University Network for Human Rights; World Federalist Movement/Institute for Global Policy (WFM/IGP); and World Organization Against Torture (OMCT).

 

Press Contacts:

Harvard Law School International Human Rights Clinic, Dana Walters ([email protected])

Center for Justice & Accountability, Nushin Sarkarati ([email protected])

Myanmar: Stop the Coup, Let Election Tribunals do Their Job

3rd February 2021, Colombo, Sri Lanka: On 1 February, the armed forces of Myanmar (Tatmadaw), ostensibly acting on allegations of voter fraud in the general elections of 8 November 2020, detained numerous government officials, including State Counsellor Daw Aung San Suu Kyi, President U Win Myint, and Union Election Commission (UEC) Chair U Hla Thein, as well as pro-democracy activists and politicians from the ruling National League for Democracy (NLD) and other parties.

The Tatmadaw subsequently announced that it would seize power, declare a one-year state of emergency, and install Vice-President and retired general U Myint Swe as acting president. It was also announced that new elections would be held after the state of emergency under a new election commission, which was later appointed on the night of 2 February.

The undersigned election or human rights monitoring organizations condemn the military coup in Myanmar and call for the immediate release of all detained politicians, government officials, and activists. The Tatmadaw must restore power to the civilian-led government, and seek redress of election-related complaints through the due process of law established under the 2008 Constitution.

Indeed, Myanmar’s Constitution and election laws provide a mechanism to resolve disputes in the form of election tribunals. The military-backed Union Solidarity and Development Party (USDP), which has repeatedly made claims of vote-rigging and irregularities in the recent general elections, has like any other stakeholder the legal right to formally contest election results. It certainly has done so, filing 174 complaints out of the 287 received by the UEC.

Election observers were looking forward to seeing all election-related complaints and potential evidence presented and addressed in tribunal proceedings. According to our information, the UEC was about to proceed with the appointment of election tribunals when the military intervened. Election dispute resolution is an integral part of any electoral process, which rests on the fundamental premise that all sides act in good faith.

Therefore, the Tatmadaw must back down from its coup attempt and instead engage in a peaceful and transparent election dispute resolution process. The road to a fully realized democracy is long and arduous, but it is important that all stakeholders commit to upholding and protecting democratic norms. A repeat of what transpired after the 1990 general elections would mark a stark return to authoritarianism and will not be accepted by the people of Myanmar and the international community.

Click here for full statement and list of signatories. The statement is also available on the CMEV website.

CPA Statement – 73 Years of Independence

February, 2021, Colombo, Sri Lanka: On the eve of Sri Lanka’s 73rd Independence Day, the Centre for Policy Alternatives (CPA) conveys its grave concern with the state of ethno-religious relations and threats to democratic institutions in Sri Lanka. These concerns arise within a context of unprecedented challenges due to a global pandemic, heightened authoritarian and militarized governance, entrenched impunity and increasing threats to fundamental freedoms. It is a climate where the space for dissent is fast shrinking due to new levels of surveillance, incitement, and the targeting of minorities. CPA notes the spate of arrests and detentions of writers, lawyers and media personnel including Hejaaz Hizbullah, Ramzy Razeek & Ahnaf Jazeem to name a few such cases, where due process guarantees are undermined and questions as to the real motivation for such arrests have been raised. CPA is also deeply concerned with the arbitrary decision to impose forced cremations for Covid-19 deaths, a cruel policy decision void of any scientific basis that directly impacts and marginalises the Muslim community in Sri Lanka. Compounding these worrying developments is the rising influence of Sinhala Buddhist ethno-nationalism in state policy. This is evident in the influential role played by several leading Buddhist clergy as well as systematic efforts to change the ethnic demography in the North and East of the country that could lead to long term implications for electoral politics, coexistence and reconciliation.

Independence Day provides a valuable opportunity to understand the key failings of successive governments post independence. Particularly, failings in relation to building a peaceful and stable country with shared prosperity for all its citizens. Over the past year, not only has the government displayed no efforts to improve ethnic relations in Sri Lanka, but government policies have actively exacerbated ethnic tensions and marginalised communities. The government’s failure in this regard is driven by its mistaken belief that it represents only those who voted for it and the inability to recognise the very political conflicts that underpinned the armed conflict in Sri Lanka.

CPA further notes the targeting of those who were instrumental in investigations, prosecutions and other initiatives to address accountability and transparency over the past years. A recent development in this regard is the report of the Presidential Commission on political victimisation that raises serious concerns on the integrity of ongoing and past judicial processes. Whilst the government is moving swiftly to implement the recommendations of this Presidential Commission on political victimisation, very little has been done to implement even limited recommendations of previous commissions on past abuses and violence.  It is also deeply worrying that a new Presidential Commission was appointed in January to investigate, inquire into and implement the recommendations of previous Commissions “in line with the present Government policy”. This will only add to the already long list of such Commissions with little to no prospect of genuine action.

This is the first Independence Day held amidst a pandemic and a time to look beyond the pomp and pageantry to review the disturbing ground realities. CPA notes that the above challenges are worsened by an economic crisis that has highlighted the structural inequalities and hardships faced by many Sri Lankans. These economic and social challenges require urgent attention. To date, there is no comprehensive plan to address structural issues with the official rhetoric more focused on setting up task forces, giving prominence to former and serving military officials and ad-hoc assistance schemes.

Independence Day is also held in the backdrop of a hard-hitting report by the Office of the High Commissioner for Human Rights (OHCHR) which documents numerous violations and notes the dismal efforts at addressing Sri Lanka’s legacy of past abuses. The report contains a list of recommendations to the Government of Sri Lanka, Member States and the United Nations, indicative that only limited progress in addressing human rights, justice and reconciliation is possible in Sri Lanka within the present context. In light of this report and other documents that speak to the worrying developments in Sri Lanka, the primary burden is on the Government of Sri Lanka to act in a responsible manner to address these concerns, rather than resort to diplomatic posturing which is counterproductive to all segments of Sri Lankan citizens. If the government is unwilling or unable to act in a manner that protects the rights of all its citizens, CPA urges the Core Group and Member States to introduce a strong resolution that reflects on the findings of the OHCHR report with steps taken to address ongoing violations and reckon with past abuses. Such an initiative is key to support human rights, the rule of law, accountability and reconciliation within Sri Lanka.

Thus, despite the celebrations this week, the situation in Sri Lanka is of serious concern. Historic mistakes are being repeated with the misguided belief that the outcome would be different on this occasion. As usual much noise will be made revolving around the UN Human Rights Council process but the rhetoric is likely to be designed to distract and deflect. CPA urges caution with promises that are likely to be made and the need to focus on the real dangers at play in the country. The trends noted here must not be ignored. And it is time for all to robustly and peacefully challenge any threats to Sri Lanka’s fragile democracy.

Download the full statement in English, Sinhala and Tamil.

Revisiting Ten Emblematic Cases in Sri Lanka: Why Justice Remains Elusive

20th January 2021, Colombo, Sri Lanka: The repudiation of Sri Lanka’s commitments to promote reconciliation, accountability and human rights in Sri Lanka by the present government as well as policies and actions intended to reverse even the limited progress made, raise serious concerns about the possibility of obtaining justice for victims of human rights violations.

In this report, CPA examines ten cases emblematic of the failings and inadequacies of the criminal justice system of Sri Lanka. In the majority of these cases, victims and their families have been waiting for justice for over a decade, with slow progress at the investigative and prosecutorial stages. The few cases which were concluded show that justice has eluded the victims, with the accused acquitted and released, such as in the Trinco Five case and the assassination of Joseph Pararajasingham.

CPA reiterates the urgent need for structural and legal reforms recommended in the present report as well as its previous publication on the subject. The emblematic cases highlighted in this report are only a handful among countless cases where progress has been slow and long drawn out. The victims of these violations are losing confidence in ever obtaining justice through the criminal justice system of Sri Lanka, and it is imperative to address their concerns through comprehensive and genuine reforms.

Read the full report in EnglishSinhala and Tamil.

Webinar: The Politics of Memorialisation in Sri Lanka

January 18th 2021, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) hosted a webinar ‘The Politics of Memorialisation in Sri Lanka’ on January 18, 2021. The discussion was held in light of the recent demolition of the Mullivaikkal Memorial in Jaffna University.

The panellists included Senior Lecturer at the University of Jaffna Dr. Mahendran Thiruvarangan, artist and activist Prof. Chandraguptha Thenuwara, author and researcher on peacebuilding and reconciliation Sarah Kabir, and moderated by Bhavani Fonseka, Senior Researcher at the Centre for Policy alternatives.

Watch a recording of the discussion which was followed by a short Q and A here.

Submission to Experts Committee to Draft a New Constitution Appointed by the Ministry of Justice

December 9th 2020, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA), made the following submission which outlines CPA’s general views on the nature and form of a new constitutional settlement for Sri Lanka.

The submission addresses some of the major constitutional issues that have been the basis of public debate for many years.

Click here to view the English submission and the Sinhala and Tamil translations.