First draft of US resolution in circulation

An unofficial first draft of the US resolution against Sri Lanka to be moved at the UN Human Rights Council in Geneva faults Sri Lanka’s lack of progress on power devolution to the provinces and calls that the Government’s National Action Plan on Reconciliation does not adequately address the findings of the Lessons Learnt and Reconciliation Commission.

The draft is currently being circulated to other foreign missions by the US delegation in Geneva.

The 2013 resolution is not punitive and merely measures progress by the Sri Lankan Government since the UNHRC adopted a resolution against Sri Lanka in 2012 and reiterates the call for the promotion of reconciliation and accountability going forward, analysts said. The following is the full text of the resolution:

Promoting Reconciliation and Accountability in Sri Lanka

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant instruments,

Recalling Human Rights Council Resolution 19/2 on Promoting Reconciliation and Accountability in Sri Lanka,

Reaffirming that it is the responsibility of the Government of Sri Lanka to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population,

Taking note of the Government of Sri Lanka’s National Action Plan and its commitments as set forth in response to the findings and recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) of Sri Lanka,

Noting with concern that the National Action Plan does not adequately address all of the findings and constructive recommendations of the LLRC,

Recalling the constructive recommendations contained in the LLRC’s report, including the need to credibly investigate widespread allegations of extra-judicial killings and enforced disappearances, demilitarise 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 and enact rule of law reforms,

Also noting with concern that the National Action Plan and the LLRC’s report do not adequately address serious allegations of violations of international law, Expressing concern at the continuing reports of violations of human rights in Sri Lanka, threats to judicial independence and the rule of law, and failure by the Government of Sri Lanka to fulfil its public commitments, including on devolution of political authority to provinces as called for in Sri Lanka’s constitution,

1.Welcomes the report of the High Commissioner for Human Rights on the human rights situation in Sri Lanka;

2.Reiterates its call upon the Government of Sri Lanka to expeditiously implement the constructive recommendations made in the LLRC report 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;

3.Urges the Government of Sri Lanka to formally respond to outstanding  requests, including by providing unfettered access, by special procedures mandate holders, in particular the Special Rapporteurs on independence of judges and lawyers; torture; human rights defenders; freedom of expression; freedom of association and assembly; extrajudicial, summary or arbitrary executions; and the Working Group on enforced or involuntary disappearances;

4.Encourages the Office of the High Commissioner for Human Rights and relevant special procedures mandate holders to provide, in consultation with, and with the concurrence of, the Government of Sri Lanka, advice and technical assistance on implementing the above-mentioned steps;

5.Requests the Office of the High Commissioner for Human Rights, in consultation with relevant special procedures mandate holders, to present a report on the provision of such assistance and progress on reconciliation and accountability, including investigations of violations of international law, in Sri Lanka to the Human Rights Council at its twenty-fifth session.