20 March 2012, Colombo, Sri Lanka: That signboards are in Tamil on most buses plying in the North and East, and in Sinhala on those outside of these two provinces, was the basis of four submissions to the Human Rights Commission of Sri Lanka made by Lionel Guruge on behalf of the Centre for Policy Alternatives. The Secretary of the Ministry of Private Transport Services and the Chairman of the Sri Lanka Transport Board and the Ministry of Transport were sited as the respondents. These submissions were heard on 13th February 2012 by Ms. Thusitha Samarasekera – AAL –Director (Monitoring and Review) at the Human Rights Commission of Sri Lanka.

The Chairman of the Sri Lanka Transport Board did not appear for the hearings. The petitions HRC/ 282 / 2012 and HRC / 284 / 2012 were directed at the Secretary of the Ministry of Private transport Services who was represented by the Deputy Director of the National Transport Commission, Ms. S.N.G. Edirimanna‐ AAL. Though Inter Provincial buses displayed name board in all three languages, the Deputy Director accepted that private buses plying within a Province did not do this, after consultations with the Secretary and via the phone during the hearing. It was promised that at the monthly progress meeting, held under the aegis of the Minister, the matter would be taken up, a decision on policy taken and relevant transport officials notified. She further promised to send the relevant extracts of the progress review session to the Sri Lanka Human Rights Commission with copies to the petitioners.

It was noted that the relevant policy would be decided upon within a month, to which the Secretary of the Ministry of Private Transport Services also agreed over the phone. To review the progress made, Human Rights Commission of Sri Lanka will hear the case again in two months.

• Please read media coverage of this issue published in the Sunday Times here.
• Download this press release in Sinhala or Tamil.
• Read letter from Ministry here.

This document provides basic information on the United Nations Human Rights Council (UNHRC), the proposed resolution on Sri Lanka at the present 19^th Session of the UNHRC and its implications. This document aims to clarify some of the basic facts and developments and dispel any misinformation and myths regarding the resolution and its impact on Sri Lanka and its people.

Access this document online here, where you can also download it as a PDF, embed it on most websites and easily share on online social media platforms. Access the Sinhala translation of this document here.

What is the United Nations Human Rights Council? 
The United Nations Human Rights Council (UNHRC) is an inter-governmental body within the United Nations (UN) system responsible for strengthening the promotion and protection of human rights around the globe, and for addressing situations of human rights violations and making recommendations on them. The UNHRC is made up of 47 UN member states elected by the UN General Assembly in New York. The UNHRC is based in Geneva.

Is Sri Lanka a member of the UNHRC? 
No. Sri Lanka lost its seat at the UNHRC in an election held in 2008.

What are the ongoing developments at the UNHRC regarding Sri Lanka? 
The United States of America (USA) has tabled a draft resolution at the 19^th Session of the UNHRC to discuss the human rights situation in Sri Lanka including the implementation of the Government’s own Lessons Learnt and Reconciliation Commission (LLRC).

What is the LLRC?
The LLRC is a presidential commission of inquiry appointed by the President of Sri Lanka, Mahinda Rajapaksa on 15^th May 2010 to examine the causes of the conflict, its impact on the people and to suggest recommendations to promote national unity and reconciliation and to identify mechanisms for restitution to the people affected by the conflict. The eight-member commission conducted hearings in Colombo and in some districts, although many of those wanting to give testimony outside of Colombo were unable due to lack of time and inadequate planning. Reports have also surfaced of witnesses who provided critical testimony on human rights violations being subsequently threatened and harassed. The commission handed over its final report to the president on 20^th November 2011. The multiple recommendations covered a variety of issues including the need for further investigations into violations committed during the war, introducing a Right to Information Act, assistance for the displaced, addressing demilitarisation and disarmament of armed groups and the need for a political solution among others. While some groups see the recommendations in a positive light, others have critiqued them for being inadequate, while other groups have criticized the LLRC for exceeding its mandate.

What has happened to the LLRC’s recommendations?
While the Government made the report public in December 2011 and has made numerous statements that it will implement the recommendations, the Government has neither provided a list of recommendations that it has implemented so far nor indicated a process for implementation. Nor has there been significant progress with the interim recommendations issued by the LLRC in September 2010 – a point noted by the LLRC in its final report.

What does the draft resolution sponsored by the US aim to do? 
The draft resolution has three main suggestions:

1. Calls on the Government of Sri Lanka to implement the constructive recommendations in the LLRC report and take all necessary additional steps to fulfill its relevant legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans.
2. Requests that the Government of Sri Lanka present a comprehensive action plan as expeditiously as possible detailing the steps the Government has taken and will take to implement the LLRC recommendations and also to address alleged violations of international law.
3. Encourages the Office of the High Commissioner for Human Rights and relevant special procedures to provide, and the Government of Sri Lanka to accept, advice and technical assistance on implementing those steps and requests the Office of the High Commissioner for Human Rights to present a report to the Council on the provision of such assistance at its twenty-second session.

The first two paragraphs request the Government of Sri Lanka to implement the findings of its own LLRC – none of which have been implemented even four months after the report was handed over to the Government. The third paragraph calls for support for the Government of Sri Lanka to implement these findings through the assistance of various UN actors.

The resolution does not call for sanctions, military intervention or punitive action against the Government of Sri Lanka. The only requirement by the Government is to provide a plan as to how the LLRC will be implemented, a simple requirement that will also provide information to the citizens of Sri Lanka and others as to how the Government will set about fulfilling their obligations.

What will the impact be on Sri Lanka if the draft resolution is passed at the UNHRC? 
The resolution is focused on getting the Government of Sri Lanka to implement the recommendations of its own LLRC and to explain how it is implementing them. This is needed when no public information is available in Sri Lanka on whether and how the LLRC is to be implemented. It is also in a context when previous commission findings, including those appointed by this Government, have not been implemented. The resolution provides for the support of the UNHRC, other member states of the UN and other actors who can provide technical assistance to fully implement the LLRC findings.

The Government and other actors have criticized the resolution as being an attempt to intervene in the domestic affairs of Sri Lanka. The resolution does not contain provisions where any actor can interfere in domestic issues in Sri Lanka and is proposed to support the Government of Sri Lanka fulfill its obligations.

How can the resolution support long-term reconciliation and peace in Sri Lanka? 
The LLRC has some positive recommendations on human rights, governance, reconciliation and devolution and if implemented fully can help strengthen peace and reconciliation in Sri Lanka.  It also provides an opportunity for the Government of Sri Lanka to obtain technical assistance from experts in the UN who can support the Government in its implementation.

12 March 2012, Colombo, Sri Lanka: The last few weeks have witnessed increased activity by the Government of Sri Lanka in announcing various measures recently taken and to be taken to strengthen human rights, peace and reconciliation in Sri Lanka including the implementation of some interim and final recommendations of its own Lessons Learnt and Reconciliation Commission (LLRC) issued in September 2010 and November 2011, respectively. Any genuine effort to address human rights, governance, a political solution and reconciliation is welcome. Yet the suddenness of such statements raises questions of timing and the genuine will of the Government. They should be seen against the backdrop of the impending resolution on Sri Lanka at the 19th Session of the United Nations Human Rights Council (UNHRC). The heightened activity raises the question as to whether these measures are yet another ploy to distract its critics from the absence of a real plan of implementation for the LLRC recommendations.

This short note looks at GOSL rhetoric and demonstrates the fundamental flaws in the structure of government in addressing human rights violations and accountability issues, the failures of past domestic processes and the need for immediate action by the international community.

Read the note online here.

12 March 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) has produced a table that contains basic information pertaining to Commissions of Inquiry (CoI) (1) and committees appointed by the Government since coming into power in November 2005 (2). Section I of the table examines the CoI and Section II contains information pertaining to key committees established during the specific time period (3).

Notes

1. The Commissions listed in this document does not include those established by the National Human Rights Commission of Sri Lanka.
2. The commissions and committees listed in this document are limited to those where information is publicly available.
3. As of 9 March 2012.

Access the full table online here, where you can also print or download it as a PDF.