General comments made by other relevant stakeholders

3. General comments made by other relevant stakeholders

906. Interfaith International noted that the report of the Working Group indicated that many States are concerned about child recruitment in relation to all factions and some have recommended that Sri Lanka investigate the role of security forces in child recruitment and hold to account all those responsible. It also stressed the need to consider other child rights, in particular child labour, poverty and sexual abuse, and that there are many children affected by war, without parents, shelter and food, and without consistent assistance. It regretted that the review has not mentioned the recommendations of the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/8/3/Add.3), in which he urged the two parties of the conflict, the Government and the Liberation Tigers of Tamil Eelam (LTTE), to initiate and regularize contact between the government police and the policing forces that operate in LTTE-controlled areas. Referring to paragraph 82 of the report of the Working Group, it observed that even though some countries recommended that the independence of Sri Lanka’s human rights institutions be strengthened, the High Commissioner for Human Rights and special procedures go further by asserting that the National Human Rights Commission is no longer independent. The Council should urge the Government of Sri Lanka to accept an independent presence of OHCHR and to allow the entry of international human rights monitors.

907. The International Educational Development, while it appreciated the many concerns reflected in the report regarding humanitarian law violations, regretted that in the absence of a detailed evaluation of the acts and policies of Sri Lanka in light of humanitarian law. It regretted that the recommendations relate to the armed conflict or to the need for an enhanced representation of OHCHR do not enjoy the support of Sri Lanka. It also noted that Sri Lanka has not made any voluntary commitment relating to its humanitarian law obligations, but has in relation to humanitarian assistance and internally displaced persons. It noted that the vast majority of the internally displaced persons are Tamil civilians and that Sri Lanka has not fully complied with recommendations already made regarding human rights and humanitarian law. It highlighted that, in fact, violations have escalated, that the Sri Lanka monitoring mission was no longer in operation, that the national human rights institution did not meet the Paris Principles, and that even the narrowly focused International Independent Group of Eminent Persons has failed to make headway and has been disbanded.

908. The International Commission of Jurists called for prompt implementation of all recommendations by the Sri Lankan Government, and referred to recommendations 2, 3, 14, 17, 18 and paragraph 84 thereon. It noted that the information provided during the review showed that Sri Lanka’s national human rights protection system does not function as part of a coherent and regular justice system. It noted that the Government must strengthen the independence, impartiality and capacity of the justice system to ensure adequate investigation, prosecution and conviction of the perpetrators of gross human rights violations and of the disproportionate and indiscriminate use of force and other breaches of international humanitarian law by both the Government of Sri Lanka and the LTTE and other non-State actors. It also maintained that the Government’s reservations to the recommendations to combat impunity, as stated in paragraph 84 of the report of the Working Group, are absurd and should be disregarded, along with the reservations to the recommendations to protect humanitarian personnel. It was also concerned that the Constitutional Council remained dissolved and called for the swift appointment of its members as well as for the specification of a time frame for the adoption of the Victim and Witness Assistance and Protection Act. Finally, it noted that the volatile human rights situation in Sri Lanka largely prevails due to a lack of political will to ensure accountability for human rights violations and stressed that the meaningfulness of any future assistance to empower the regular justice systems will depend on the support from the international monitoring and reporting presence, which must be swiftly re-established.

909. The International Movement against all Forms of Discrimination and Racism and Pax Romana noted the recommendations made to address impunity, media freedom, the increase in disappearances and extrajudicial killings, and the continuing attacks on peace activists and human rights defenders. It expressed concern at the racial profiling of detainees, the majority of whom are Tamils, heightened communal tensions and violence faced by Muslims in the east, sexual violence faced by Tamil women in Akkaraipattu, and threat and intimidation faced by two journalists. They recalled the recommendation urging Sri Lanka to address torture, combat impunity, reconsider establishing a local presence of OHCHR, increase cooperation providing unrestricted access for humanitarian aid and ensure the protection and security of internally displaced persons. All initiatives taken by Sri Lanka have failed to address these issues effectively. It called upon Sri Lanka to provide information on a date or timeline related to the reconstitution of the Human Rights Commission in accordance with the Paris Principles; on the full implementation of the provisions of international human rights instruments at the national level, in particular the International Covenant on Civil and Political Rights and the Convention against Torture; on the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance; and on an action plan related to the implementation of

the voluntary pledges with benchmarks. It noted that several countries have spoken rightly about poverty and development challenges faced by Sri Lanka, and stated that the mere eradication of poverty does not make a guarantee of certain minimum human rights standards optional.

910. The Asian Legal Resource Centre noted that the report of the Working Group underlined the worsening of the human rights situation and the need for the Government to investigate, prosecute and convict those responsible for widespread torture, extrajudicial killings and forced disappearances. It was concerned about Sri Lanka’s lack of credibility and unwillingness to address the widespread use of torture and impunity. It welcomed the recommendation made by the Islamic Republic of Iran on this issue, and noted that calls on the implementation of the recommendation of the Special Rapporteur on the question of torture, the ratification of the Optional Protocol to the Convention against Torture, the Rome Statute and the International Convention on the Protection of All Persons from Enforced Disappearance must be heeded by Sri Lanka. It noted that despite its repeated requests for Sri Lanka to provide evidence of the alleged 599 prosecutions of State agents concerning disappearances, it had not received a shred of information, and was concerned that these statistics relate to cases committed in the past. It stated that there was an undeniable gap in protection in Sri Lanka, which showed the need for an appropriately sized international presence, and highlighted that recommendations calling for the strengthening of the rule of law were of paramount importance, and stated that the worsening situation in Sri Lanka was driven by the paralysis of its institutions of the rule of law and the active role played by those in power to remain above the law.

911. International Women’s Rights Action Watch Asia-Pacific noted that the vast majority of the recommendations rejected by Sri Lanka related to allowing international scrutiny of the human rights situation in and to assistance from United Nations agencies in addressing the human rights concerns in the country. It stated that this rejection demonstrated a lack of accountability and transparency contrary to the spirit of the universal periodic review process. It called on the Sri Lankan Government to allow for a strong and sustained international human rights presence in the country to monitor, investigate and report on human rights violations and assist in efforts to end human rights violations and impunity. It also expressed its deep concern at the fact that Sri Lanka had rejected recommendations 28 (b), 33 (b) and 55 (a) relating to addressing impunity for human rights violations. It added that Sri Lanka had rejected recommendation 32 (d) relating to the implementation of the recommendations made by the Special Representative of the Secretary-General on the situations of human rights defenders in relation to restricting the registration and activities of non-governmental organizations and civil society, thereby signalling an intention to maintain the lack of accountability and transparency with which the Government is responding to the human rights crisis in the country. While welcoming recommendation 35, it also expressed concern that women’s specific human rights concerns were not raised during the interactive dialogue.