Former Defense Secretary Gotabhaya Rajapaksa on Friday questioned the credibility of the OHCHR Investigation on Sri Lanka (OISL) report, stressing that the 'credible evidence' mentioned in the OISL Report was mainly based on the statements given by 'LTTE Diaspora'.

Speaking to media after giving a statement to the Presidential Commission of Inquiry, Rajapaksa also said that he may have to be present in front of the Geneva Human Rights Commission one day.

Rajapaksa said that if the war had to be fought while recording minutes of every decision, terrorism would not have been brought to an end.

The recent developments have made him regret his decision of returning to Sri Lanka and helping the then government to end the decade long war, he said. If the war was still continuing, there would not have been these kinds of allegations about misdeeds and corruptions, he asserted.

The early draft of the resolution on Sri Lanka to be presented to the UNHRC by the United States indicates that it is in support of the commitments shown by the new government and encourages the government to review and, where required, reform domestic law to ensure that it allows for prosecution of the full range of crimes under domestic and international law involving violations and abuses of human rights and violations of international humanitarian law.

It also requests the Office of the High Commissioner to assess and verify the human rights situation in Sri Lanka; to continue to assess progress on the implementation of OHCHR’s recommendations and other relevant processes related to reconciliation, accountability, and human rights; to present an oral update to the Human Rights Council at its thirty-third session, and a comprehensive report followed by discussion on the implementation of the present resolution at its thirty-fourth session.

Draft US resolution

Item 2: Promoting reconciliation, accountability and human rights in Sri Lanka

The Human Rights Council,

Preambular paragraphs

Pp1

Reaffirming the purposes and principles of the Charter of the United Nations, (HRC 25/1)

Pp2

Guided by the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant instruments, (HRC 25/1)

Pp3

Recalling also Human Rights Council resolutions 19/2 of 22 March 2012, 22/1 of 21 March 2013, and 25/1 of 27 March 2014 on promoting reconciliation and accountability in Sri Lanka, (HRC 25/1 updated)

Pp4

Reaffirming its commitment to the sovereignty, independence, unity and territorial integrity of Sri Lanka, (HRC 25/1)

Pp5

Reaffirming that it is the responsibility of each State to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population, (HRC 25/1)

Pp6

Welcoming the historic free and fair democratic elections in January and August 2015 and peaceful political transition in Sri Lanka,

Pp7

Taking note with interest of the passage of the nineteenth amendment to the Sri Lankan Constitution and its contributions to promoting democratic governance and independent oversight of key institutions,

Pp8

Noting with appreciation the actions taken by the new Government of Sri Lanka to advance respect for human rights and recognizing the positive changes in Sri Lanka as a result of these actions,

Pp9

Welcoming the establishment of the Commission to Investigate allegations of bribery or corruption and its initial investigations into major cases of corruption, fraud, and abuses of power, and stressing the importance of such investigations and the prosecution of those responsible, in ending impunity and promoting good governance,

Pp10

Welcoming and acknowledging the progress made by the Government of Sri Lanka in rebuilding infrastructure, demining and resettling internally displaced persons, while noting nonetheless that considerable work lies ahead in the areas of justice and reconciliation and to deliver durable solutions for all internally displaced persons , (HRC 25/1 adjusted)

Pp11

Expressing concern at the continuing reports of violations of human rights in Sri Lanka, including those involving sexual and gender-based violence, torture , abductions, as well as intimidation of and threats against human rights defenders, and members of civil society, (HRC 25/1 +new language)

Pp12

Reaffirming that all Sri Lankans are entitled to the full enjoyment of their human rights regardless of religion, belief or ethnicity, in a peaceful and unified land, (HRC 25/1)

Pp13

Reaffirming also that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights law, international refugee law and international humanitarian law, as applicable, (HRC 25/1)

Pp14

Taking note of the new Government of Sri Lanka’s commitment to pursuing justice and reconciliation, including the creation of the Office of National Unity and Reconciliation,

Pp15

Emphasizing the importance of a comprehensive approach to transitional justice incorporating the full range of judicial and non-judicial measures, including, inter alia, individual prosecutions, reparations, truth-seeking, institutional reform, vetting of public employees and officials, or an appropriately conceived combination thereof, in order to, inter alia, ensure accountability, serve justice, provide remedies to victims, promote healing and reconciliation, establish independent oversight of the security system, restore confidence in the institutions of the State and promote the rule of law in accordance with international human rights law, with a view to preventing the recurrence of violations and abuses, (HRC 25/1)

Pp16

Recognizing that transitional justice mechanisms work best when they are independent, impartial, and transparent; are led by individuals known for displaying the highest degree of integrity; utilize consultative and participatory methods that include the views from all relevant stakeholders including, but not limited to, victims, women, youth, representatives from various religions, ethnicities, and geographic locations as well as marginalized groups; and designed and implemented based on expert advice from those with relevant international and domestic experience,

Pp17

Recalling the responsibility of States to comply with their relevant obligations to prosecute those responsible for gross violations of human rights and serious violations of international humanitarian law constituting crimes under international law, with a view to end impunity, (HRC 25/1)

Pp18

Taking note of the review of High Security Zones and welcomes the initial steps taken to return land previously taken by defense forces to its rightful civilian owners and to help local populations to resume livelihoods and restore normality to civilian life,

Pp19

Welcoming the new Government of Sri Lanka’s commitments on the devolution of political authority,

Pp20

Taking note of the report of the Lessons Learnt and Reconciliation Commission of Sri Lanka its findings and recommendations, and acknowledging its possible contribution to the process of meaningful national reconciliation in Sri Lanka, (HRC 25/1), and recalling its constructive recommendations

Pp21

Welcoming the new Government of Sri Lanka’s engagement with the UN Secretary General and the Office of the High Commissioner, including its invitation to the High Commissioner to visit Sri Lanka,

Pp22

Welcoming also the 30 March – 3 April 2015 visit and observations of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, and the invitation to visit extended to the Working Group on Enforced and Involuntary Disappearances,

Pp23

Welcoming the work of the Office of the High Commissioner of Human Rights requested by HRC 25/1 to undertake a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka during the period covered by the Lessons Learnt and Reconciliation Commission, and to establish the facts and circumstances of such alleged violations and of the crimes perpetrated with a view to ending impunity and ensuring accountability, with assistance from relevant experts and special procedures mandate holders,

Pp24

Encouraging the Government of Sri Lanka to continue its dialogue and cooperation and to increase cooperation with the Office of the High Commissioner, including with regard to technical assistance, (new language, + HRC 25/1)

Operative paragraphs

1. Welcomes the oral update presented by the High Commissioner to the Human Rights Council at its twenty-seventh session, the report of the Office of the High Commissioner for Human Rights on promoting reconciliation and accountability in Sri Lanka and the report of its Investigation on Sri Lanka requested in Human Rights Council resolution 25/1 including its findings, and conclusions, and calls upon the Government of Sri Lanka to implement the recommendations contained therein;

2. Takes note of the new Government of Sri Lanka’s commitment to undertaking a comprehensive approach to transitional justice incorporating the full range of judicial and non-judicial measures, including, inter alia, criminal prosecutions, truth-seeking, reparations, institutional reforms and other guarantees of non-repetition;

3 Encourages the new Government of Sri Lanka to respect its positive commitment to bolster and safeguard the credibility of these justice processes by engaging in broad national consultations with the inclusion of victims and civil society, including non-governmental organizations, from all affected communities that will inform the design and implementation of these processes, as well as assistance from international experts and the international community throughout the process, and to ensuring strong and effective witness and victim protection measures are in place;

Welcomes the government’s recognition that accountability is essential to uphold the rule of law and build confidence in the people of all communities of Sri Lanka in the justice system, takes note with appreciation of the Government of Sri Lanka’s proposal 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; and affirms that credible transitional justice process should include independent judicial and prosecutorial institutions led by individuals known for integrity and impartiality; and calls upon the Government of Sri Lanka, to involve international investigators, prosecutors and judges in Sri Lanka’s justice processes;

Encourages the Government of Sri Lanka to review and, where required, reform domestic law to ensure that it allows for prosecution of the full range of crimes under domestic and international law involving violations and abuses of human rights and violations of international humanitarian law;

Welcomes the proposal by the Government of Sri Lanka to establish a Commission for Truth, Justice, Reconciliation, and Non Recurrence; an Office of Missing Persons; and an Office for Reparations; and stresses the need for these mechanisms to be independent, impartial, and transparent as well as led by individuals known for professionalism, integrity and impartiality;

Welcomes also the commitment by the Government of Sri Lanka to ensure that each transitional justice mechanism has the freedom to obtain assistance, including financial, material and technical assistance, from international partners, including the Office of the High Commissioner for Human Rights;

Encourages the Government of Sri Lanka to introduce effective security sector reforms as part of its transitional justice process that include ensuring that no scope exists for retention in or recruitment into the security forces of anyone credibly implicated in serious crimes involving human rights violations or abuses or violations of international humanitarian law including members of the security and intelligence units; and increasing training and incentives focused on the promotion and protection of human rights of all Sri Lankans;

Welcomes the Government of Sri Lanka’s recent passage of an updated Witness and Victim Protection Law, and urges the Government of Sri Lanka to strengthen these essential protections by making specific accommodations to effectively protect witnesses and victims participating in transitional justice processes who may be under threat due to information they have that allegedly implicates any public official, including members of the security forces or those with effective control over those forces.

Underscores the importance of the government taking additional steps on return of land previously taken  by defense forces to its rightful civilian owners, encouraging the acceleration of such transfers of land back to the rightful owners, and encouraging the government to undertake further efforts to tackle the considerable work that lies ahead in the areas of land use and ownership, in particular the ending of military involvement in civilian activities, the resumption of livelihoods and the restoration of normality to civilian life, and stressing the importance of the full participation of local populations, including representatives of civil society and minorities, in these efforts,new language + HRC 25/1)

Reiterates its call upon the Government of Sri Lanka to implement effectively the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission, and to take all necessary additional steps to fulfil its relevant legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans; (HRC 25/1)

Urges the Government of Sri Lanka to investigate all alleged attacks by individuals and groups on journalists, human rights defenders, members of religious minority groups and other members of civil society, as well as on temples, mosques and churches, and to hold perpetrators of such attacks to account and to take steps to prevent such attacks in the future; (HRC 25/1)

Affirms the Government of Sri Lanka’s commitment to review and repeal the Prevention of Terrorism Act and replace it with anti-terrorism legislation in line with contemporary international best practices;

Welcomes the Government of Sri Lanka’s commitment to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearances without delay, and to begin issuing Certificates of Absence to the families of the missing as a temporary measure of relief;

Urges the Government of Sri Lanka to credibly investigate widespread allegations of extrajudicial killings and enforced disappearances, demilitarize the north and east of Sri Lanka, implement impartial land dispute resolution mechanisms, re-evaluate detention policies, strengthen formerly independent civil institutions, reach a political settlement on the devolution of power to the provinces, promote and protect the right of freedom of expression for all persons and enact rule of law reforms, (HRC 25/1)

Welcomes the Declaration of Peace proclaimed by the Government of Sri Lanka on 4 February 2015 and calls on the Government of Sri Lanka to review and, as appropriate, repeal or reform legislation and other measures enacted and implemented during the armed conflict and its aftermath so as to reflect the transition to peace and stability on the island and to ensure compliance with Sri Lanka’s international obligations,

Calls upon the new Government of Sri Lanka to reform its domestic law to ensure that it can effectively implement its own commitments, the recommendations made in the report of the Lessons Learnt and Reconciliation Commission, as well as the recommendations of the report by the Office of the High Commissioner for Human Rights requested in resolution 25/1, including the investigation and prosecution of those most responsible for the full range of relevant crimes involving violations and abuses of human rights and violations of international humanitarian law;

Welcomes the Government of Sri Lanka’s commitment to release publicly previous Presidential Commission Reports such as the Udalagama and Paranagama reports by the end of this month, and calls for the release of the results of its investigations into alleged violations by security forces, including the attack on unarmed protesters in Weliweriya on 1 August 2013, and the report of 2013 by the court of inquiry of the Sri Lanka Army; (HRC 25/1)

Encourages the Government of Sri Lanka to develop a comprehensive plan and mechanism for preserving all existing records and documentation relating to human rights violations and abuses and violations of international humanitarian law, whether held by public or private institutions;

Urges the Government of Sri Lanka to fulfill its commitments on the devolution of political authority, which is integral to reconciliation and the full enjoyment of human rights by all members of its population; and encourages the Government of Sri Lanka to ensure that all Provincial Councils, including the Northern Provincial Council, are able to operate effectively, in accordance with the 13th amendment to the Constitution of Sri Lanka; (HRC 25/1 + new language)

Underlines that the credibility and success of transitional justice processes wherever they are established are enhanced by international assistance and expert involvement, and encourages the Government of Sri Lanka, the people of Sri Lanka, and the High Commissioner, as well as other relevant international organizations and experts, to work together to determine appropriate forms of international support for and engagement with Sri Lanka’s processes;

Encourages the government to address all reports of sexual and gender-based violence and torture, holding all perpetrators to account and drawing on relevant international assistance;

Requests the Office of the High Commissioner to assess and verify the human rights situation in Sri Lanka; to continue to assess progress on the implementation of OHCHR’s recommendations and other relevant processes related to reconciliation, accountability, and human rights; to present an oral update to the Human Rights Council at its thirty-third session, and a comprehensive report followed by discussion on the implementation of the present resolution at its thirty-fourth session;

Encourages the Government of Sri Lanka to continue to cooperate with special procedures mandate holders, to set a date for visits to the country by the UN Working Group on Enforced and Involuntary Disappearances, and to respond formally to outstanding requests from other mandate holders, including long-standing requests (new language + HRC 25/1)

Encourages the Office of the High Commissioner and relevant special procedures mandate holders to provide, in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical assistance on implementing the above mentioned steps; (HRC 25/1)

Takes note of the new Government of Sri Lanka’s commitment to cooperate with the Office of the High Commissioner in the implementation of the present resolution. (new language + HRC 25/1)

In his first public response to the OHCHR report on alleged war crimes and human rights violations in Sri Lanka, President Maithripala Sirisena on Friday said the change of government in January rescued the country from facing “strictures” from the international community.

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Sirisena, flanked by Prime Minister Ranil Wickremesinghe and Foreign Affairs Minister Mangala Samaraweera, told a gathering of editors and heads of media groups in Colombo that there were indications that the international community would have insisted on the strictures. The new government has averted a much adverse report by the UN rights body due to the change of government, he said.

He also insisted that the Office of the UN High Commissioner for Human Rights Investigation on Sri Lanka would have named some people as perpetrators of human rights violations and barred them.

“The international community is satisfied with the actions taken by the government towards restoration of rights, media freedom, good governance and other positive steps,” Sirisena said, citing the adoption of the 19th Constitutional Amendment as one of the steps.

The amendment diluted the powers of Executive Presidency.

Meanwhile, Prime Minister Ranil Wickremesinghe said his government would inform the international community of its intention of setting up a domestic mechanism to look into the alleged violations during the civil war.

The civil organization ‘Purawesi Balaya' on Friday stated that the proposed hybrid court to investigate the alleged war crimes which took place during the final stage of the war would be able to bring justice to everyone who suffered both during and after the war.

Speaking at a press briefing, veteran artiste Dharmasiri Bandaranayake, a member of the organisation, said that since the current legal system of the country was also taken from foreigners, there is no need to worry about such an investigation

All political parties, civil organizations, religious leaders and general public must support the proposed investigation in order to bring justice to the minorities, Bandaranayake added.

MDMK leader Vaiko and PMK founder Ramadoss on Thursday asserted that the presence of even a single Sri Lankan judge in the international investigation panel to probe the war crimes against the Island’s Tamils will ruin justice, while Tamil Maanila Congress leader G K Vasan too supported an international investigation.

Vaiko said the United Nations Human Rights Council should take into account the opinion of Northern Provincial Council Chief Minister Vigneswaran that no one from Sri Lanka, including Tamils should be present as a judge or lawyer in the international court to be constituted by the UN. He also said no one recommended by the Indian government should also get a place.

The Indian government should recognise the Tamil Nadu Assembly resolution and bring a resolution for international investigation. “If the Union government failed to do so or tried to help the Lankan government, the Modi government too will be accused of supporting the genocide,” he warned.

He also said the investigation should begin from Sri Lankan Independence Day on February 4, 1948 and probe how Tamils were discriminated and Tamil women sexually assaulted, besides the anti-Tamil riots.

Ramadoss said the presence of even a Sinhalese judge would murder justice and only an international probe could punish the guilty. The report showed that human rights violations were planned and deliberate. Though the probe was on war crimes and human rights violations, genocide could be proved from the report.

(The New Indian Express)

Welcoming the Report of the Office of the Human Rights Commissioner’s Investigation on Sri Lanka (OISL), the Centre for the Prosecution and Prevention of Genocide (CPPG) called for an international tribunal to investigate the allegations of war crimes during Sri Lanka’s civil war.

Issuing a statement yesterday, it said that the Report contains serious allegations of a full range of heinous international crimes committed by the Sri Lankan armed forces. The OISL Report provides easy means of identification of the perpetrators of these crimes, the CPPG further said. On existing theories of international criminal law relating to command responsibility and joint criminal enterprise, there is little room for doubt that the commanders on the field as well as operational commanders have responsibility for these crimes, the CPPG said further, adding that the then President of Sri Lanka, Mahinda Rajapaksa, being the supreme commander of the armed forces, bears direct command responsibility.

The operational and field commanders are also easily identifiable, the CPPG said, claiming that all of them have command responsibility and were possibly engaged in a joint criminal enterprise.

The CPPG commended on the thoroughness of the Report and said that there is need for the Report to be followed up by the institution of proper mechanisms ensuring accountability.

Furthermore, the CPPG said that it agrees with all the recommendations made in the Report except the reference to hybrid tribunals. It claimed that the crimes committed against Tamils were genocide and nothing less. It argued that the hybrid tribunal, recommended in the Report, will not be effective in ensuring accountability since domestic judges will be biased or subject to pressure.

Foreign Minister Mangala Samaraweera said that Sri Lanka extects to set up a domestic mechanism to investigate the alleged war crimes during the country's civil war by January next year.

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Speaking at a press conference at the Foreign Ministry, Samaraweera said that the government was confident of obtaining international support for a domestic inquiry. He also hoped that the process could be completed in 18 months.

Samaraweera said that international experts could play a role in technical and advisory capacities in this domestic mechanism.

The Foreign Minister blamed the previous government of Mahinda Rajapaksa for tarnishing the credibility of the judiciary.

The Office of the High Commission of Human Rights Investigation on Sri Lanka (OISL) report, which was released yesterday in Geneva, recommended a hybrid mechanism, involving domestic and international participation.

However, the United States, which had pushed for the March 2014 resolution at the UNHRC against Sri Lanka, recently said that it was supportive of a domestic mechanism.

National Freedom Front leader Wimal Weerawansa slammed the Office of the High Commissioner for Human Rights Investigation on Sri Lanka (OISL) report released yesterday, saying that it had targeted only one side.

Speaking at a press conference this morning, Weerawansa pointed out that even though the report accuses both the government and the LTTE, most of the LTTE members are not alive by now. Therefore, the report is one sided, he said.

He also rejected the notion that the report has suggested a hybrid tribunal. In reality, this will amount to the opening of a branch of UNHRC in Sri Lanka, Weerawansa said.

The Global Tamil Forum (GTF) said that it welcomes the Office of the High Commissioner for Human Rights (OHCHR) report on Sri Lanka that strongly indicated that war crimes and crimes against humanity were most likely committed by both sides to the conflict and recommended the establishment of an internationalised Special Court for criminal prosecution.

The violations revealed in the report makes a harrowing reading, presenting evidence of horrific level of abuses suffered by the Tamil civilians at the hands of the Sri Lankan Armed Forces, GTF said in a statement. It also said these abuses included indiscriminate shelling, extrajudicial killings, enforced disappearances, denial of humanitarian assistance, ill treatment of IDPs, torture and sexual violence.

GTF is in full agreement with the report, which supports the establishment of a “hybrid” Special Court, integrating international judges, prosecutors, lawyers and investigators, the statement further said.

Member states must ensure that the forthcoming resolution at the UNHRC clearly articulates the need to include substantial participation of international personnel at each stage of the investigation and trial process, GTF also maintained.

GTF called on the member states of the UNHRC to adopt a resolution that captures all the recommendations of the OHCHR report, including establishing a Special Court, and call upon the Government of Sri Lanka to fully cooperate.

Furthermore, the GTF acknowledged the violations and abuses suffered by all communities and supported Prince Zeid’s call and view the report as “an opportunity to change discourse from one of absolute denial to one of acknowledgment and constructive engagement to bring about change.”

The statement in full:

Global Tamil Forum welcomes the OHCHR report and calls for its full implementation

The Global Tamil Forum (GTF) welcomes the Office of the High Commissioner for Human Rights (OHCHR) report that strongly indicated war crimes and crimes against humanity were most likely committed by both sides to the conflict and recommended the establishment of an internationalised Special Court for criminal prosecution.

The violations revealed in the report, characterised by the UN High Commissioner for Human Rights, Prince Zeid, as “among the most serious crimes of concern to the international community as a whole”, makes a harrowing reading, presenting evidence of horrific level of abuses suffered by the Tamil civilians at the hands of the Sri Lankan Armed Forces, including indiscriminate shelling, extrajudicial killings, enforced disappearances, denial of humanitarian assistance, ill treatment of IDPs, torture and sexual violence.

GTF is in full agreement with the report, which stated, “A purely domestic court procedure will have no chance of overcoming widespread and justifiable suspicions fueled by decades of violations, malpractice and broken promises,“ and supports the establishment of a “hybrid” Special Court, integrating international judges, prosecutors, lawyers and investigators.

Member states must ensure that the forthcoming resolution at the UNHRC clearly articulates the need to include substantial participation of international personnel at each stage of the investigation and trial process.

We are grateful to the UN High Commissioner for Human Rights (both past and present), his staff and all who contributed for the important work that went into producing this report.  Undoubtedly, this whole exercise, the three UNHRC resolutions passed between 2012 and 2014 and the OHCHR investigation and report, restores confidence in the UN system as a whole to all communities and particularly to the Tamil community.

It is important that we acknowledge and pay tribute to the survivors who bravely came forward to share their stories and relive their horrific experiences, despite the fear and uncertainty they face, without which this report would not have been a reality.

GTF calls the member states of the UNHRC to adopt a resolution that captures all the recommendations of the OHCHR report, including establishing a Special Court, and call upon the Government of Sri Lanka to fully cooperate.  As stated by Prince Zeid, “this Council (UNHRC) owes it to Sri Lankans – and to its own credibility – to ensure an accountability process that produces results, decisively moves beyond the failures of the past, and brings the deep institutional changes needed to guarantee non-recurrence.”

On our part, GTF acknowledges the violations and abuses suffered by all communities and heeds to Prince Zeid’s call and view the report as “an opportunity to change discourse from one of absolute denial to one of acknowledgment and constructive engagement to bring about change.”

Welcoming the Tamil Nadu Assembly resolution pressing for an international probe into alleged human rights violations and war crimes in Sri Lanka, TNCC president E.V.K.S. Elangovan said the inquiry should cover the alleged atrocities against Tamils committed by both the Sri Lankan government and the LTTE.

“The inquiry should be conducted into the atrocities committed against Tamils, both by former President Mahinda Rajapaksa and slain LTTE leader V.Prabakaran, who had used innocent Tamils as human shield,” Elangovan said addressing a press conference in Chennai on Wednesday (16).

A lasting political solution could be reached only under the framework of the Rajiv-Jayawardene Accord and implementation of the 13th Amendment of the Sri Lankan Constitution for devolution of powers, the Tamil Nadu Congress leader further maintained.

A solution should be found to the problems faced by the Indian fishermen through talks between the governments of India and Sri Lanka.

“It is ridiculous to say that the fishermen of two countries can talk and find a solution among themselves,” Elangovan said.

(With inputs from The Hindu)