UN slams Sri Lanka’s misuse of ICCPR Act, proposed anti-terrorism bill and arrests over comedy performances
environment for a successful and sustainable transitional justice process,” the deputy UN rights chief said in the oral update.
Accountability remains the fundamental gap in attempts to deal with the past and as long as impunity prevails, Sri Lanka will achieve neither genuine reconciliation nor sustainable peace, she warned.
“I am pleased to report that the project team established in our office to advance accountability has continued to make progress pursuant to Resolution 51/1.”
“It is in the process of providing concreate support to several jurisdictions who have ongoing criminal justice investigations. It is conducting proactive investigations work on key cases and collecting, consolidating and analyzing information and evidence from a variety of UN and other sources, which is preserved in a repository source to be used for future accountability initiatives.”
She said victims remain at the heart of this work, including through our active engagement with victim organizations and civil society more broadly.
Fundamentally it is and remains the responsibility of Sri Lankan authorities to directly acknowledge past violations and undertake credible investigations and prosecutions alongside other accountability measures, the Deputy High Commissioner said stressed.
“However, as long as this accountability deficit remains the international community can and should play complimentary roles,” she said.
“Means to do so include use of accepted principles of universal and extra territorial jurisdiction to investigate and prosecute alleged perpetrators and support to the relevant accountability processes in third states as well as the fair application of targeted sanctions against credibly alleged perpetrators.”
“The past months have unfortunately witnessed an old reflex of using draconian laws to curtail opposition and control civic space. With a heavy-handed approach to protests far too often including the arrest of protest leaders and forceful crowd control measures as well as the persistent use of the military in police functions.”
“Recent arrests made over statements made during comedy performances and of Members of Parliament engaged in protests exemplify this concern,” Al-Nashif said.
In March of this year, the Human Rights Committee expressed deep concern about the misuse of the Covenant on Civil and Political Rights Act against journalists, human rights defenders and other civil society actors, she further said.
“The government has committed to replace the Prevention of Terrorism Act (PTA) with legislation that adheres to international standards, but the new Anti-Terrorism Bill that was gazetted in March contains sweeping provisions that will limit freedom of expression, peaceful assembly and even labour rights.”
Following strong pushback from civil society, the draft bill has now been recalled for additional consultations, she pointed out.
The UN’s Deputy High Commissioner for Human Rights encouraged the government to repeal the Prevention of Terrorism Act (PTA) and in the meantime to implement fully a strict moratorium on its use considering that the ordinary criminal code and other auxiliary laws already provide adequate tools for law enforcement.
“The office stands ready to provide support to the government and people of Sri Lanka in order to advance reconciliation and accountability and human rights for all,” she said in conclusion.