A/HRC/30/61
84.
Without far-reaching institutional and legal reform, there can be no guarantee of
non-recurrence. Sadly, the history of Sri Lanka includes moments where Governments
pledged to turn the page and end such practices as enforced disappearances, but the failure
to address impunity and root out the deep structures that had perpetrated such abuses meant
the “white vans” could be reactivated when needed.
85.
Against this backdrop, the High Commissioner believes that the Government of Sri
Lanka will need to embark on fundamental reforms of the security sector and justice
system, including a full-fledged vetting process to remove from office security forces
personnel and public officials suspected of involvement in human rights violations, before
it can hope to achieve a credible domestic accountability process and hope to achieve
reconciliation.
VIII. Conclusions and recommendations
86.
The findings of the OHCHR investigation contained in the present report were
born out of the past failure of the Government of Sri Lanka to address accountability
for the most serious human rights violations and crimes. Ending the impunity enjoyed
by the security forces and associated paramilitary groups, and holding to account
surviving members of LTTE, will require political will and concerted efforts to ensure
that these violations and crimes do not recur.
87.
The commitments made by the new Government in this respect are welcome,
but it needs to convince a very sceptical audience – Sri Lankan and international –
that it is determined to show results. Prosecuting a few emblematic cases will not be
sufficient; Sri Lanka needs to address the patterns of serious human rights violations
and other international crimes that have caused such suffering for all communities
over decades if it is to prevent them from haunting its future.
88.
The High Commissioner remains convinced that, for accountability to be
achieved in Sri Lanka, it will require more than a domestic mechanism. Sri Lanka
should draw on the lessons learned and good practices of other States that have
succeeded with hybrid special courts, integrating international judges, prosecutors,
lawyers and investigators. Such a mechanism will be essential to give confidence to all
Sri Lankans, in particular the victims, in the independence and impartiality of the
process, particularly given the politicization and highly polarized environment in Sri
Lanka. OHCHR stands ready to continue to provide its advice and technical
assistance in the design of such a mechanism.
89.
The High Commissioner also believes that the Human Rights Council has
played – and should continue to play – a critically important role in encouraging
progress on accountability and reconciliation in Sri Lanka. As the process now moves
into a new stage, he urges Council members to sustain their monitoring of
developments in Sri Lanka with a view to further actions that may be required at the
international level should concrete results not be achieved.
90.
In particular, the High Commissioner wishes to highlight the following
recommendations below.13
13
16
See also A/HRC/30/CRP.2.
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