Mar 13, 2017 | Events, News
The ICJ and the Human Rights Commission of Pakistan are convening a side event at the UN Human Rights Council, entitled “Rights vs Security? Protecting human rights while countering terrorism in South Asia”.
The event takes place 15 March 2017, 12:00-13:00, Palais des Nations, Room XXI
Many States in South Asia are responding to security risks posed by terrorism in a manner that erodes respect for the rule of law and human rights—and, as demonstrated around the world, can actually weaken the ability to counter terrorism. ICJ’s panel discussion featuring prominent activists and lawyers from the region takes stock of recent developments and considers a regional way toward countering terrorism while strengthening justice.
Panelists:
Mr I. A. Rehman: Human Rights Commission of Pakistan (Pakistan)
Mr Adilur Rahman Khan: Odhikar (Bangladesh)
Mr Gehan Gunatilleke: Lawyer and researcher (Sri Lanka)
Ms Sanhita Ambast: Human rights lawyer (India)
Moderator:
Mr Massimo Frigo: International Commission of Jurists
A flyer may be downloaded here.
Jan 19, 2017 | News
The Sri Lankan government must deliver on the clear demand for justice from Sri Lankans nationwide by implementing the Consultation Task Force recommendations without further delay, the ICJ said today.
Among these recommendations, the calls for a special court with international judges and a bar against amnesties for crimes under international law are of particular importance, the ICJ added.
The Consultation Task Force on Reconciliation Mechanisms (CTF), a panel of 11 independent eminent persons appointed by Prime Minister Ranil Wickremesinghe in January 2016, publicly released its final report on 3 January 2017.
The report, reflecting the views of people across the country gathered through island-wide public consultations on transitional justice, highlights the lack of public confidence in the justice system’s capacity and will to deliver justice for victims of Sri Lanka’s nearly 30-year armed conflict that ended in 2009.
“The CTF report highlights a widespread lack of trust among Sri Lankans across the country, regardless of region, ethnicity, religion or language, in the ability of the criminal justice system in its current form to address serious human rights abuses stemming from the conflict,” said Nikhil Narayan, the ICJ’s South Asia senior legal adviser.
The report also calls upon the Government of Sri Lanka to take necessary steps to ensure a credible transitional justice process in line with the October 2015 UN Human Rights Council resolution 30/1 that it co-sponsored.
“If the Sri Lankan government wants to restore public confidence in the system, it must seriously consider victims’ voices and implement the CTF recommendations on truth, justice and reparation consistent with the commitments it voluntary undertook at the Human Rights Council,” Narayan added.
Importantly, the CTF report reiterates the commitments pledged in HRC resolution 30/1, calling for active international participation in a special judicial mechanism established to deal with accountability for human rights abuses committed during the conflict by both sides, and for a bar against amnesties for international crimes.
According to the ICJ, the Sri Lankan government took an important first step towards reconciliation when it adopted the UN resolution and later established the CTF to carry out public consultations to hear a cross section of voices on transitional justice.
“Unfortunately, since then, it has been disappointing in its lack of urgency in implementing much of those stated promises and in its apparent disregard for the CTF recommendations,” Narayan said.
Several members of the government have dismissed the CTF’s recommendations, especially with regard to the inclusion of at least one international judge on every bench of the special judicial mechanism.
The Minister of Foreign Affairs recently spoke of the need for “an independent and credible domestic mechanism” without alluding to any international participation, as has been reiterated by those seeking redress as a crucial element to ensure faith in the justice mechanism.
The ICJ has in the past highlighted Sri Lanka’s culture of impunity in the justice system looking at a number of emblematic cases, and called into question the State’s capacity and political will to use the criminal justice system and other ad-hoc measures to deliver justice and accountability to victims and survivors of serious human rights abuses.
“As the situation of Sri Lanka comes before the UN Human Rights Council again this March, the Sri Lankan government is in a position to demonstrate both to the UN Member States but more importantly to its own people at home its seriousness in pursuing truth, justice, reparation and non-recurrence for conflict victims who have been waiting for justice for decades. It must seize this opportunity before it is one more of many missed opportunities,” Narayan added.
Contact:
Nikhil Narayan, ICJ South Asia senior legal adviser, t: +91-8939325204 (Chennai); +94-758898067 (Sri Lanka); +1-562-261-3770 (Whatsapp) ; e: nikhil.narayan(a)icj.org
Download the full text with additional background info, in PDF:
Sri Lanka-CTF recommendations-News-Press release-2016-ENG
Jun 29, 2016 | Advocacy, Non-legal submissions
The ICJ, joined by FIDH, Franciscans International, and IMADR, today delivered a statement to the UN Human Rights Council.
The statement was on the situation of Rohingya Muslims in Myanmar, and on the need for active participation by international judges in the judicial mechanism to be adopted in Sri Lanka as part of the process of accountability and reconciliation.
The organizations stated, during general debate on an oral update on Sri Lanka from the High Commissioner for Human Rights, and the Commissioner’s report on the situation of Rohingya in Myanmar, that:
The Government of Myanmar has persecuted the Rohingya, refused to extend basic citizenship rights, and Parliament passed legislation entrenching discrimination such as the Race and Religion Protection laws. This has displaced thousands within Rakhine State and driven the Rohingya to sea and neighbouring countries. The ICJ, FIDH, Franciscans International and IMADR call on Myanmar:
- to repeal the 1982 Citizenship Law or amend it in accordance with the recommendations of the Special Rapporteur, to grant Rohingya full citizenship and accompanying rights;
- to develop a citizenship plan based on non-discrimination;
- to reject the Rakhine State Action Plan in its current form;
- to repeal laws that discriminate against ethnic and religious minorities;
- to diligently prosecute all acts of violence fuelled by discrimination, and hate speech that incites discrimination, hostility or violence; and
- to improve basic living conditions for the Rohingya and Arakanese in Rakhine State by enhancing protection of their economic, social, and cultural rights.
We welcome recent initiatives by the Government of Sri Lanka towards implementing Resolution 30/1, including the establishment of an Office of Missing Persons, and ratification of the Convention for the Protection of All Persons from Enforced Disappearance.
However, many of the commitments in the resolution remain unfulfilled. The other three transitional justice mechanisms envisioned by the resolution – an office of reparation, a truth-seeking commission, and a judicial mechanism – are yet to be established.
We call on Sri Lanka to implement, without delay, all elements of Resolution 30/1, including particularly the establishment of a credible judicial mechanism with full participation of international judges, prosecutors and lawyers. We agree that international participation is “a necessary guarantee for the independence and impartiality of the process in the eyes of the victims” (High Commissioner’s Oral Update, A/HRC/32/CRP.4, paragraph 32).
Rapid progress on this and other key elements of the resolution is essential to the credibility of the overall process of transition in Sri Lanka.
The statement can be downloaded in full, in PDF format, here: HRC32-OralStatement-SriLankaMyanmar-2016
Oct 1, 2015 | News
The ICJ today welcomed the adoption by the UN Human Rights Council of a further resolution on promoting reconciliation, accountability and human rights in Sri Lanka.
The resolution, co-sponsored for the first time by the Government of Sri Lanka (GOSL), is a historic step towards post-war justice, accountability and reconciliation.
The ICJ at the same time called on the GOSL to take genuine and prompt steps to deliver on the commitments and obligations reflected in the resolution, which was adopted by the UN Human Rights Council by consensus.
“Today’s resolution is a significant step towards achieving justice, accountability and reconciliation for the victims of Sri Lanka’s long and bloody civil war,” said Nikhil Narayan, ICJ’s senior legal adviser for South Asia.
“The shift in posture of the Sri Lankan Government in co-sponsoring the resolution marks a further welcome break from the Rajapakse regime. The Government must now demonstrate its political will by immediately launching concrete steps towards a genuine process of truth-seeking, justice and reconciliation,” he added.
The consensus resolution reflects certain key recommendations contained in the Report of the office of the UN High Commissioner for Human Rights (OHCHR) summarizing findings of the OHCHR Investigation on Sri Lanka (OISL), the ICJ notes.
The investigation and report was mandated by an earlier UN resolution on Sri Lanka, adopted in March 2014 over the strong objections of the Rajapakse government.
The report documents in vivid detail alleged serious violations and abuses of human rights and humanitarian law amounting to war crimes and crimes against humanity committed by both sides during the armed conflict in Sri Lanka, including extrajudicial killings, torture, enforced disappearances, forced recruitment, including of children, and sexual violence.
One of the most important recommendations of the High Commissioner for Human Rights called for an accountability process through a special judicial mechanism and prosecutor’s office that involves the full participation of international judges, prosecutors, lawyers and investigators.
Responding in part to this call, the resolution affirms the importance of participation of foreign judges, defence lawyers, prosecutors and investigators in an independent and impartial judicial mechanism to hold individuals accountable for human rights and humanitarian law violations, including those documented in the report.
The resolution also mandates further monitoring and reporting back to the Council on implementation of the accountability and other measures.
“The international community, through the UN Human Rights Council, the Office of the High Commissioner for Human Rights and Special Procedures, and other UN member states, must as the High Commissioner himself recommended, remain engaged through continued and sustained monitoring, assistance, support and fully integrated involvement of the international community to ensure full implementation of the resolution,” said Narayan.
Background:
The ICJ has worked with judiciaries, governments, civil society and victims around the world for decades to address impunity and victims’ right to remedy for violations of international human rights and humanitarian law, including in situations of transition.
In Sri Lanka, the ICJ has been documenting and reporting on a gradual erosion of judicial independence, impartiality and integrity under successive governments, and the resulting culture of impunity, for over thirty years.
The ICJ considers the International Criminal Court (ICC) to be the preferred mechanism for individual accountability where national authorities and courts lack the capacity or the willingness to genuinely investigate and prosecute all war crimes and crimes against humanity. In the absence of an ICC process, the ICJ’s extensive experience in Sri Lanka and elsewhere demonstrates that any credible and effective accountability process in Sri Lanka must involve, at a minimum, a majority of international judges, prosecutors and investigators.
The ICJ therefore advocated for and welcomed the resolution’s recognition of the need for international participation.
Since January 2015, when a new president was elected, the GOSL has undertaken a number of important steps to reverse the slide towards authoritarianism and the erosion of the rule of law and the culture of impunity experienced under the Rajapakse government, and restore democratic governance and build confidence towards reconciliation among Sri Lanka’s ethnic minorities, including by restoring the Constitutional Council through the passage of the 19th amendment to the Sri Lankan Constitution, and returning some tracts of military-occupied lands in the North and East.
However, after decades of war and distrust, and a history of promises undelivered, much work remains to be done to deliver justice to victims and their families, and to rebuild trust and confidence among Sri Lanka’s fractured ethnic minorities. Continued and sustained monitoring and engagement by the international community in ensuring the progress of the implementation of this resolution will be essential.
Equally importantly, today’s consensus resolution also reaffirmed the OHCHR’s recommendations on: the mandate and resources of the accountability mechanisms; legislating retroactive recognition of international crimes under national law; justice and security sector reform; repealing the Prevention of Terrorism Act (PTA); strengthening the Witness and Victim Protection Act; accession to the International Convention on the Protection of All Persons from Enforced Disappearances (CED), the Additional Protocols to the Geneva Convention, and the Rome Statute of the International Criminal Court; and continued monitoring of and technical support for implementation through the OHCHR and by the Council.
Contact
Nikhil Narayan, ICJ’s senior legal adviser for South Asia; t: +41 79 730 09 27; e: nikhil.narayan(a)icj.org
Sep 30, 2015 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, commenting on the landmark UN investigation and report on violations of human rights and humanitarian law in Sri Lanka.
The statement also welcomes recommendations for integration of international judges, prosecutors, lawyers and investigators into any accountability mechanism:
“The International Commission of Jurists (ICJ) welcomes the OHCHR Report on Promoting Reconciliation, Accountability and Human Rights in Sri Lanka (UN Doc A/HRC/30/61), which sets out the principal findings of the Report of the OHCHR Investigation on Sri Lanka (OISL Report, UN Doc A/HRC/30/CRP.2) documenting alleged serious violations and abuses of human rights and related crimes during the armed conflict in Sri Lanka. The ICJ commends the investigation team for its historic contribution towards reconciliation and the realization of victims’ rights in Sri Lanka.
The ICJ works with judiciaries, governments, civil society and victims around the world to address impunity and victims’ right to remedy for violations of international human rights and humanitarian law, including in situations of transition.
For over thirty years, the ICJ has documented and reported on a gradual erosion of judicial independence, impartiality and integrity under successive governments in Sri Lanka, and the resulting culture of impunity, including in the judiciary.[1]
The ICJ considers the International Criminal Court (ICC) to be the preferred mechanism for individual accountability where national authorities and courts lack the capacity or the willingness to genuinely investigate and prosecute all war crimes and crimes against humanity. In the absence of an ICC process, the ICJ’s extensive experience demonstrates that any credible and effective accountability process in Sri Lanka must involve, at a minimum, a majority of international judges, prosecutors and investigators.
The ICJ therefore welcomes the High Commissioner’s recommendation for a hybrid court and prosecutor’s office that fully integrates international judges, prosecutors, lawyers and investigators.
Also essential are the OHCHR recommendations on: mandate and resources of these mechanisms; legislating retroactive recognition of international crimes under national law; justice and security sector reform; repealing the Prevention of Terrorism Act (PTA); strengthening the Witness and Victim Protection Act; accession to the International Convention on the Protection of All Persons from Enforced Disappearances (CED), the Additional Protocols to the Geneva Convention, and the Rome Statute of the International Criminal Court; and continued monitoring of implementation through an OHCHR country office and the Council.
The ICJ welcomes that the tabled draft resolution explicitly recognises the need for international judges, prosecutors, lawyers and investigators. We call on the Council to adopt the resolution with, and call on the Government of Sri Lanka to urgently implement, these and other key elements of the recommendations of the High Commissioner’s Report in full.
[1] See, e.g., ICJ, Authority Without Accountability: The Crisis of Impunity in Sri Lanka (2012)
The statement can be downloaded in PDF format here: Sri Lanka-ICJ Oral Statement HRC-Advocacy-Non Legal submission-2015-ENG
