Response to Promoting Reconciliation, Accountability, and Human Rights in Sri Lanka

The United Nations High Commissioner for Human Rights released his report entitled “Promoting Reconciliation, Accountability and Human Rights in Sri Lanka” on September 17, 2015. In response to the OHCHR Investigation on Sri Lanka (OISL) report, Marc Garneau, Liberal Candidate for Notre-Dame-de-Grâce—Westmount, released a statement on behalf of the Liberal Party of Canada. He stated: “The victims of war crimes, crimes against humanity and genocide in Sri Lanka have waited far too long for answers.” (Full text of the report on http://marc-garneau.liberal.ca/en/558/ ) Last Friday, a new proposed draft resolution was circulated by the United States of America entitled “Promoting reconciliation, accountability and human rights in Sri Lanka.”

Yesterday, I had the opportunity to address an informal meeting convened by the core group of resolution sponsors, including the United States and the United Kingdom, in Geneva, Switzerland. I outlined the following issues that the resolution must address: Implement recommendations of the OISL Report; Highlight the institutional and structural failures of the Sri Lankan state; The need for a victim centered accountability mechanism; To recognize the Tamil victims of the conflict and their underlying grievances; Importance of an accountability mechanism that is a part of an internationally mandated process with international investigators, prosecutors and judges; The need for impartiality and independence in the mechanism; UN Member states to exercise universal jurisdiction to investigate and prosecute international crimes in third countries and the need to reiterate the principle of non-refoulement of Tamil refugees; A more detailed written submission was also made to some missions. After the meeting, I addressed the lack of progress towards accountability as well as the fair and reasonable skepticism that exists towards an internal accountability mechanism with representatives from different member states, including the Sri Lankan Ambassador. Much work lies ahead in order to have an effective process in which the victims can attain justice.