Feb 12, 2019 | News
The ICJ has called on Sri Lanka’s President, Maithripala Sirisena, to retract his recent pronouncement that executions would resume in the country notwithstanding a moratorium on capital punishment that has lasted 43 years. The last execution was carried out in Sri Lanka in 1976.
“Resuming executions would be an egregious violation of Sri Lanka’s obligations under international human rights law, a serious threat to human rights in the country, and it would be inconsistent with the global trend towards the abolition of the death penalty,” said Frederick Rawski, ICJ’s Asia-Pacific Director.
Speaking in Parliament last week, President Sirisena vowed to resume executions of those convicted of “drug offences” as early as within the next two months.
The ICJ considers any resumption of executions in Sri Lanka as constituting a violation of international law and an appalling disregard for the international human rights system as a whole.
“At least 150 countries have now either abolished the death penalty or instituted an official or unofficial moratorium. There is a growing understanding around the world that the death penalty is an unacceptable assault on rights and dignity,” Fredrick Rawski added.
The ICJ opposes the death penalty in all circumstances – as it constitutes a violation of the right to life and its imposition constitutes per se cruel, inhuman, or degrading punishment.
The Human Rights Committee, the Treaty Body supervising the implementation of the International Covenant on Civil and Political Rights (ICCPR), by which Sri Lanka is bound, has recently made clear in its General Comment 36 on Right to life that, “it is contrary to the object and purpose of Article 6 [of the ICCPR, which enshrines the right to life] for States parties to take steps to increase de facto the rate and extent in which they resort to the death penalty”, and that, “States parties that are not yet totally abolitionist should be on an irrevocable path towards complete eradication of the death penalty, de facto and de jure, in the foreseeable future. The death penalty cannot be reconciled with full respect for the right to life, and abolition of the death penalty is both desirable and necessary for the enhancement of human dignity and progressive development of human rights.”
Moreover, the UN Human Rights Committee has made it clear that the imposition of the death penalty for “drug offenses” is incompatible with the Covenant.
The UN General Assembly has adopted repeated resolutions, most recently in December 2018, by overwhelming majority in calling for all retentionist States to observe a an immediate moratorium with a view to abolition.
It must be noted that Sri Lanka voted in favor of a moratorium on the use of the death penalty in the 2018 UN GA Resolution. This commitment should not be reversed, but upheld in practice instead, the ICJ says.
The ICJ calls on the Government of Sri Lanka to reject the resumption of executions and to do away with the death penalty once and for all. Instead of planning on resuming executions, the Sri Lankan authorities should focus on effective, evidence-based approaches to crime prevention in manners that conform to international human rights law and standards, such as formulating policies and legislation that address the underlying social and economic causes of criminality, which are also vital to ensuring stability and the rule of law.
The ICJ also urges Sri Lanka to immediately ratify the 2nd Optional Protocol to the International Covenant on Civil and Political Rights, which obligates State Parties to take all necessary measures to abolish the death penalty.
Feb 7, 2019 | Advocacy, Non-legal submissions
The ICJ has submitted a written statement on Sri Lanka to the Human Rights Council ahead of its 40th Session in Geneva.
Almost ten years after Sri Lanka emerged from a period of conflict and massive human rights violations, the Government of Sri Lanka still has largely failed to implement its human rights obligations and commitments as reflected in Resolution 30/1.
The ICJ statement focuses on two of four transitional justice mechanisms which the Government committed to establish under the Resolution: (a) the judicial mechanism with special counsel to investigate violations of human rights and international humanitarian law; and (b) the office of missing persons. It highlights how female victims of war are uniquely impacted by the Government’s failure to implement the commitments made before the UNHRC and underscores the importance of holistically including women when such measures are implemented.
Recommendations:
The ICJ considers that the gravity and character of the crimes under international law committed in Sri Lanka, and the failure of the Government of Sri Lanka to meet its obligations and commitments to ensure justice for such crimes including as provided for in resolution 30/1, means that referral to the International Criminal Court or the creation of another international mechanism to facilitate criminal accountability would be fully warranted. If however the Council does not choose to pursue these options at this stage, the ICJ urges the Council at minimum to:
- Continue the monitoring of Sri Lanka through the adoption of a new resolution to ensure that the Government complies with all its obligations and commitments as reflected in resolution 30/1.
- Provide for OHCHR to develop, with the Sri Lankan Government, an implementation strategy with definitive timelines to ensure that the time afforded under the new resolution is utilised to expedite the implementation of measures assured under Resolution 30/1.
- Encourage Member States to exercise universal jurisdiction in order to bring perpetrators to justice.
The ICJ urges the Government of Sri Lanka to:
- Take immediate measures to establish the judicial mechanism with international involvement as contemplated under operative paragraph 6 of Resolution 30/1. The mechanism should ensure gender parity, be accessible for women in civil society, and allow female victims to fully participate in the process.
- Spread awareness regarding the importance of certificates of absence and confirm to the community that issuance of a certificate will not result in the end of efforts to find the person.
- Ensure an overall gender strategy is integrated in all other transitional justice mechanisms that are yet to be established so that structural injustices against women, especially in terms of discrimination and lack of participation, are addressed.
(full text of submission, in PDF: UN-HRC40-SriLanka-WrittenStatement-2019-EN)
Dec 2, 2018 | Events, News
On 1-2 December 2018, the International Commission of Jurists (ICJ) held its 2018 Southeast Asia Regional Judicial Dialogue on enhancing access to justice for women in the region.
Participants included judges from Cambodia, Indonesia, Nepal, Pakistan, Philippines, Sri Lanka and Thailand.
The discussions, held in Bangkok, were focused around resources important for judges to aid in enhancing the capacity of their peers in eliminating gender discriminatory attitudes and behaviours towards women in their work. These resources include a training manual on the use of the Bangkok General Guidance for Judges in Applying a Gender Perspective, and a draft reference manual on women’s human rights and the right to a clean, healthy, safe and sustainable environment.
Frederick Rawski, ICJ’s Director of the Asia and the Pacific Programme, opened the dialogue by emphasizing how important it is for judges to be gender sensitive in their delivery of justice. This could only be done by applying a framework that gives primary attention on ensuring recognition of the applicable human rights, institutional support for the promotion of these rights, and accountability mechanisms for their implementation.
Roberta Clarke, Commissioner of the ICJ and Chair of the organization’s Executive Committee, noted that this judicial dialogue demonstrates the ICJ’s commitment to have a sustainable contribution to the implementation of international human rights standards at the domestic level. She hoped that the judges could contextualize the resources presented and bring these back to their countries for trainings of their peers.
This judicial dialogue is part of a joint project on access to justice for women that ICJ is implementing with UN Women.
Anna Karin Jatfors, UN Women-Asia Pacific’s Interim Regional Director shared that gender stereotypes and social norms which discriminate women are not unique in each country. She pointed out the importance of the ICJ and UN Women collaborating in this project to deconstruct this image to bring better access to justice to women in the region.
Overall, the dialogue was rich and substantive, with the full and active participation from all participating judges who shared their views and experiences on countering gender discrimination in cases before them. At the end of the judicial dialogue, the participating judges expressed strong interest to use the resources for capacity building initiatives of their peers in their own countries.
Contact
Emerlynne Gil, Senior International Legal Adviser, t: +662 619 8477 (ext. 206), email: Emelynne.gil(a)icj.org
Oct 30, 2018 | News
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
Jul 13, 2018 | News
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
