United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein said the need for international participation in the accountability process.
The new Constitution will also be important in facilitating the establishment of the transitional justice mechanisms envisaged by the Government, for instance the criminalisation of international crimes in national law or allowing for the involvement of international judicial personnel, he noted.
“A key question remains the participation of international judges, prosecutors, investigators and lawyers in a judicial mechanism. In late May 2016, while addressing a large group of senior military officers, the Prime Minister was reported to have again ruled out international participation in a domestic Sri Lankan justice mechanism. The High Commissioner remains convinced that international participation in the accountability mechanisms would be a necessary guarantee for the independence and impartiality of the process in the eyes of victims, as Sri Lanka’s judicial institutions currently lack the credibility needed to gain their trust. It is also important to keep in mind the magnitude and complexity of the international crimes alleged, which the OHCHR investigation found could amount to war crimes and crimes against humanity,” Zeid updated in Geneva.
In the oral update, an advanced version which was made available earlier this week, Zeid urged the UN Human Rights Council in Geneva to give Sri Lanka time to show more progress in several areas.
The experts that produced the Office of Missing Persons draft bill may also be working on different conceptual transitional justice models such as for a Truth and Reconciliation Commission and the special court. However, these documents have not been shared. While such groundwork is necessary and welcome, the lack of transparency undermines the parallel ongoing consultation process and involvement of victims, said Zeid.
