Sri Lanka: government must respect Constitutional procedures and uphold commitments to human rights accountability

Sri Lanka: government must respect Constitutional procedures and uphold commitments to human rights accountability

The ICJ today called upon the Government of Sri Lanka to abide by the Constitution and its international obligations in peacefully resolving the current political crisis, and for all political leaders to commit to respect for human rights and the rule of law.

To this end, President Maithripala Sirisena (photo) should reconvene Parliament to end the constitutional crisis in line with the rule of law and democratic norms.

The ICJ urged the Government to deliver on its commitment to the transitional justice process, including by holding those responsible for human rights violations and abuses accountable, and complying with the obligations set out in United Nations Human Rights Council Resolutions 30/1 and 34/1.

It is with grave concern that the ICJ has observed the unfolding of events in Sri Lanka since the evening of October 26, 2018.

Following the withdrawal of the United People’s Freedom Alliance from the National Unity Government, President Maithripala Sirisena, in an unexpected move, appointed Former President and Member of Parliament Mahinda Rajapaksa as the Prime Minister of Sri Lanka.

 These actions have transpired in disregard of safeguards set out in the 19th Amendment to the Constitution, which limit the power of the President to remove the Prime Minister at will.

The Amendment spells out specific instances during which the Prime Minister of Sri Lanka ceases to hold office under the law.

The ICJ is concerned at the President’s move to prorogue Parliament until 16 November in what appears to be an effort to avoid parliamentary scrutiny of his actions. The move has exacerbated political tensions.

“The ICJ is alarmed that Mahinda Rajapaksa, who has yet to be held accountable for the well-documented human rights violations committed during his previous tenure, has been appointed Prime Minister – in apparent violation of the Constitution,” said Frederick Rawski, Asia Pacific Director for the ICJ.

Incidents of violence and the takeover of government-controlled media by supporters of Mahinda Rajapaksa raise fears of an imminent return to the human rights violations and abusive practices which were widespread during his term.

ICJ also noted with concern ongoing crackdowns on the media and other attacks on human rights and fundamental freedoms.

The ICJ stressed that the removal of the Prime Minister in violation of the law or constitutional provisions would constitute a violation of Sri Lanka’s commitments to the international community, set out in UN Human Rights Council resolutions in 2015 and 2017, to strengthen good governance and protect democratic institutions.

The ICJ also expressed concern that political instability, or the return of an unrepentant and unaccountable Mahinda Rajakpaksa to political power, would endanger progress made on fulfilling Sri Lanka’s commitments to press forward with transitional justice processes, and its legal obligations to ensure accountability for past human rights violations and abuses, as set out in both resolutions.

“The failure to address past abuses, and to fully impleme­­­nt UN Human Rights Council Resolutions 30/1 and 34/1, has helped set the stage for the current political turmoil, and the possible return of an authoritarian figure who has proven his disrespect for human rights and the rule of law over and over,” said Frederick Rawski.

“The Human Rights Council will be watching closely to assess whether Sri Lanka is in breach of its commitments. Any serious threat to progress on human rights accountability will compel the establishment of an independent accountability mechanism,” he added.

Contact

Frederick Rawski, ICJ’s Asia Pacific Regional Director, t: +66 2 619 84 77 ; e: frederick.rawski(a)icj.org

Sri Lanka: resumption of executions after 42 years would be unconscionable

Sri Lanka: resumption of executions after 42 years would be unconscionable

The Sri Lankan Government should reconsider and reverse its decision to bring back the death penalty for drug related offences, the ICJ said today.

On 10 July, the Sri Lankan Cabinet unanimously approved an action plan to implement the death penalty for “drug smugglers”.

According to the spokesperson of the Cabinet, 19 people convicted for “large scale drug offences” who “are still involved in drug trafficking…from within prisons” would initially be those initially designated for execution.

Sri Lanka has had a moratorium on the death penalty for over four decades.

The last execution carried out in the country was in 1976.

“The resumption of executions of convicted drug offenders would constitute a violation of the right to life under international law,” said Ian Seiderman, ICJ’s Legal and Policy Director.

”And, based on experience around the globe, it will not in any way serve the purported objective of tackling the problems of drug-related crime in Sri Lanka,” he added.

Article 6 of the International Covenant on Civil and Political Rights (ICCPR), which Sri Lanka acceded to in 1980, guarantees the right to life and requires that states that have not yet abolished the death penalty must restrict capital punishment to only the “most serious crimes”.

The UN Human Rights Committee, the supervisory body for the ICCPR, considers that the death penalty may never be used for drug offences.

The extraordinarily retrograde measure of resuming executions following a 42-year moratorium would also constitute a violation of article 6, which contemplates at least progressive movement towards abolition.

The UN General Assembly has repeatedly adopted resolutions emphasizing that that the use of the death penalty undermines human dignity and calling on those countries that maintain the death penalty to establish a moratorium on its use with a view to its abolition.

In 2016, an overwhelming majority of 117 UN Member States – including Sri Lanka – voted in favor of a worldwide moratorium on executions as a step towards abolition of the death penalty.

“At least 150 countries have now either abolished the death penalty in law or practice,” added Seiderman.

The ICJ considers the death penalty to be a violation to the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.

The ICJ urges Sri Lanka to reinstate its moratorium on executions and take steps towards taking all necessary measures to abolish the death penalty.

Contact:

Ian Seiderman, ICJ’s Legal and Policy Director, email: ian.seiderman(a)icj.org

Reema Omer, ICJ’s International Legal Advisor, South Asia, email: reema.omer(a)icj.org

 

Sri Lanka and Colombia: action needed to end impunity (UN Statement)

Sri Lanka and Colombia: action needed to end impunity (UN Statement)

The ICJ today highlighted at the UN the need for further action to address impunity in Sri Lanka and in Colombia.

The statement, delivered in a general debate at the UN Human Rights Council, responded to UN reports on Sri Lanka and Colombia, and read as follows:

Sri Lanka has not made sufficient progress on its commitments and obligations as reflected in Council resolution 30/1. Among the mechanisms contemplated, only the Office on Missing Persons (OMP) is operational. The process for establishing the other mechanisms, and the extent to which their composition will be based on the broad national public consultations carried out in 2016, remains unclear. The ICJ reiterates that, in line with operative paragraph 6 of resolution 30/1, the accountability mechanism cannot be seen as credible without involvement of international judges, prosecutors and investigators.

Furthermore, despite promises to repeal the Prevention of Terrorism Act (PTA), arrests still take place. As the High Commissioner recommended, the PTA should be promptly repealed without waiting for replacement legislation. Any proposed counterterrorism law must comply with international human rights standards.

In Colombia, the ICJ shares OHCHR’s deep concern about the exclusion of non-military State agents and private individuals from the scope of mandatory application of the Integrated System of Justice, Truth, Reparations and Guarantees of Non-repetition (per paragraph 90 of the Report). Furthermore, four months of unjustified delay by the Government in accrediting the new representative of the OHCHR Office, which ended only yesterday, undermined the ability of the Office to provide adequate technical assistance to guarantee victims’ rights in the Integrated System, as provided for by the Peace Agreement.”

[Paragraph 6 of Human Rights Council resolution 30/1 provides that the Council, “Welcomes the recognition by the Government of Sri Lanka that accountability is essential to uphold the rule of law and to build confidence in the people of all communities of Sri Lanka in the justice system, notes with appreciation the proposal of the Government of Sri Lanka to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators;”]

 

 

Sri Lanka: communal violence, reconciliation and justice mechanisms (UN statement)

Sri Lanka: communal violence, reconciliation and justice mechanisms (UN statement)

The ICJ spoke at the UN today on concerns about a resurgence of communal violence, and a failure to implement reconciliation and justice mechanisms, in Sri Lanka.

The statement, made during the adoption of the outcome of the Universal Periodic Review for Sri Lanka by the Human Rights Council, read as follows:

“The International Commission of Jurists (ICJ) welcomes the report of the Working Group on the Universal Periodic Review (UPR) on Sri Lanka.

Sri Lanka has stated that it maintains zero tolerance for hate speech and religious violence, and that the National Human Rights Action Plan 2017–2021 contains a firm commitment to enforce section 3(1) of the ICCPR Act. The ICJ further notes that a circular was issued requiring all police officers to take immediate action in this regard. Despite these commitments, recent events demonstrate renewed conflict owing to communal violence directed at the Muslim minority. A state of emergency was proclaimed on 6 March following inaction from law enforcement, and its inability to contain the violence, and emergency regulations were in operation until yesterday.

The ICJ urges the government to demonstrate through action, its willingness bring to account those who have incited communal violence, in line with the ICCPR Act and the commitments conveyed by His Excellency the Ambassador here today. Pervading impunity has emboldened perpetrators to incite violent hatred publicly. Justice must follow recent arrests, ensuring impartial and effective investigations and trials, in line with human rights.

The ICJ also notes the limited progress made on implementing HRC resolution 30/1. Of the reconciliation mechanisms promised, only the Office on Missing Persons is operational. There is little transparency with regards to the other proposed mechanisms (including the mechanism on accountability with involvement of international judges, prosecutors and investigators), or in relation to repeal and replacement of the Prevention of Terrorism Act. Any new counterterrorism law must comply with international human rights standards, and we welcome the Ambassador’s affirmation of the Government’s commitment to this today.

The ICJ urges Sri Lanka to accept and implement all relevant UPR recommendations without delay, before the opportunity for reform may be lost.”

Video of the ICJ statement is available here:

Video of the opening presentation by H.E. the Ambassador of Sri Lanka is available here:

 

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