Text: Draft resolution HRC 25 14 March 2014

UNCLASSIFIED
Draft resolution HRC 25 14 March 2014
25/1. Promoting reconciliation, accountability, and human rights in Sri Lanka
The Human Rights Council,

1. Reaffirming the purposes and principles of the Charter of the United Nations,

2. Guided by the Universal Declaration of Human Rights, the International Covenants on Human
Rights and other relevant instruments,

3. Bearing in mind General Assembly resolution 60/251 of 15 March 2006,

4. Recalling Human Rights Council resolutions 5/1, on institution ­building of the Council, and 5/2,
on the code of conduct for special procedures mandate holders, of 18 June 2007,

5. Recalling also Human Rights Council resolutions 19/2 of 22 March 2012 and 22/1 of 21
March 2013 on promoting reconciliation and accountability in Sri Lanka,

6. 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,

7. 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,

8. Recognizing the Human Rights Council’s support of Reaffirming that all Sri Lankans
to are entitled to the full enjoyment of their human rights regardless of creed, faith religion,
belief, or ethnicity, in a peaceful and unified land,

9. Welcoming and acknowledging the progress made by the Government of Sri Lanka in
rebuilding infrastructure, demining, and resettling the majority of internally displaced persons, but noting
nonetheless that considerable work lies ahead in the areas of justice, reconciliation, land use and
ownership demilitarization, and the resumption of livelihoods, and stressing the importance of the full
participation of local populations, including representatives of civil society and minorities, in these
efforts,

Welcoming the announcement made by the Government of Sri Lanka that elections to the Provincial
Council in the Northern Province will be held in September 2013,

10. Welcoming the successful Provincial Council elections held on September 21, 2013 and
in particular the high turn ­out and participation in all three provinces, but noting with concern
reports of election ­related violence, as well as voter and candidate intimidation,

11. Expressing appreciation for the efforts of the Government of Sri Lanka in facilitating the visit of a
technical mission from the Office of the United Nations High Commissioner for Human Rights and
providing her with open access, and encouraging the Government to increase its dialogue and
cooperation with the Office of the High Commissioner, and welcoming the visit of the High
Commissioner to Sri Lanka in August 2013,

12. Expressing deep concern over reported intimidation and retaliation against civil
society members who engage with UN human rights mechanisms including those who met with
the High Commissioner during her visit,

13. Expressing serious concern at the continuing reports of violations of human rights in Sri Lanka,
including sexual and gender ­based violence, enforced disappearances, extrajudicial killings, torture
and violations of the rights to freedom of expression, association and peaceful assembly, threats
to judicial independence and the rule of law, as well as intimidation of and reprisals against human
rights defenders, members of civil society, lawyers and journalists,

14. Alarmed at the significant surge in  attacks rapid rise in violence and discrimination on
the basis of religion or belief, particularly against members of religious minority groups in Sri
Lanka, including Hindus, Muslims and Christians,

15. Calling upon the Government of Sri Lanka to fulfil its public commitments, including on the
devolution of political authority which is integral to reconciliation and the full enjoyment of human
rights by all members of its population,

16. 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,

17. Recalling the constructive recommendations contained in the Commission’s report, including the
need to credibly investigate widespread allegations of extrajudicial killings and enforced disappe
-arances, demilitarize the north 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 a
persons and enact rule of law reforms,

18. Taking note also of the national plan of action to implement the recommendations of the Lessons
Learnt and Reconciliation Commission of the Government of Sri Lanka and its commitments as set
forth in response to the findings and recommendations of the Commission,

19. Noting Reiterating Noting that the national plan of action does not adequately address all of
the findings and constructive recommendations of the Commission, and encouraging the Government
of Sri Lanka to broaden the scope of the plan to adequately address all elements of the Commission
report,

20. Noting Also reiterating Noting with concern that the national plan of action and the
Commission’s report do not adequately address serious allegations of violations of international
human rights law and international humanitarian law,

21. Emphasizing Emphasizes the importance of a comprehensive approach to transitional
justice incorporating the full range of judicial and non ­judicial measures, including, among
others, 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 and 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 recurrence of violations and abuses

22. Underlining underlines that truth ­seeking processes, such as truth and reconciliation
commissions, that investigate patterns of past human rights violations and their causes and
consequences are important tools that can complement judicial processes and that, when
established, such mechanisms have to be designed within a specific societal context and to be
founded on broad national consultations with the inclusion of victims and civil society,
including non ­governmental organizations,

23. Recalling Reaffirms 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;

24. Recalling the High Commissioner’s conclusion that national mechanisms have
consistently failed to establish the truth and achieve justice, and her recommendation that the
Human Rights Council establish an international inquiry mechanism to further investigate the
Noting the call made by the High Commissioner for an independent and credible international
investigation into alleged violations of international human rights law and international humanitarian
law and monitor any domestic accountability processes,

25. Encouraging the Government to increase its dialogue and cooperation with the Office of the
High Commissioner, including with regard to technical assistance,

1. Welcomes the oral update of 25 September 2013 and the report of 24 February 2014 of
the Office of the United Nations High Commissioner for Human Rights on advise and technical
assistance for the Government of Sri Lanka on promoting reconciliation and accountability in
Sri Lanka and the recommendations and conclusions contained therein, in particular including on the
establishment of a truth ­seeking mechanism and national reparations policy as an integral part of a
more comprehensive and inclusive approach to transitional justice;

2. Calls upon Encourages the Government of Sri Lanka: to implement the recommendations
made in the reports of the Office of the High Commissioner, and also calls upon the Government
to conduct an independent and credible investigation into allegations of violations of international
human rights law and international humanitarian law, as applicable; to hold accountable those responsible
for such violations; to end continuing incidents of human rights violations and abuses in Sri Lanka;
and to implement the recommendations made in the reports of the Office of the High Commissioner;

3. 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;

4. Urges the Government of Sri Lanka to investigate all alleged attacks, by individuals
and groups, on temples, mosques, and churches and to take steps to prevent future attacks;
and calls on the Government of Sri Lanka to investigate and hold accountable perpetrators of
attacks on places of worship, journalists, human rights defenders, members of religious
minority groups, and other members of civil society, as well as on temples, mosques and
churches, and further urges the Government of Sri Lanka to hold perpetrators to account and
take steps to prevent such attacks in the future;

5.  Calls upon the Government of Sri Lanka to release publically the results of its
investigations into alleged violations by security forces, including the attack on unarmed
protesters in Weliweriya on August 1, 2013, and the Army Court of Inquiry report of 2013;

6. Encourages Calls upon the Government of Sri Lanka to provide ensure that the
Northern Provincial Council and its Chief Minister with the resources and authority necessary
to govern, as required by is able to operate effectively, in line with the 13th Amendment of Sri Lanka’s
constitution;

7. Welcomes the decision of the Government of Sri Lanka to facilitate the visit by the
Special Rapporteur on the Human Rights of Internally Displaced Persons in December 2013,
and to issue an invitation to the Special Rapporteur on the Human Rights of Migrants; and
calls upon the Government to facilitate the effective implementation of durable solutions for
IDPs, including the long­term displaced

7 bis. Further welcomes the invitation to the Special Rapporteurs on the Human Rights of
Migrants and the Right to Education;

7 ter. Encourages the Government of Sri Lanka to cooperate with other special procedures mandate
holders and to respond formally to their outstanding requests, including long standing requests;

8.  Welcomes Takes note of the High Commissioner’s recommendations and conclusions
regarding ongoing human rights violations and on the need for an independent and credible
international inquiry mechanism in the absence of a credible national process with tangible
results, and requests the Office of the High Commissioner:

a) to continue to monitor the human rights situation in Sri Lanka and assess progress
toward accountability and reconciliation, on relevant national processes;

b)to lead a comprehensive investigation into alleged serious violations and abuses of
human rights and related crimes by both parties in Sri Lanka and establish the facts
and circumstances of such violations and of the crimes committed with a view to
avoiding impunity and ensuring accountability, with input assistance from relevant
experts special procedures mandate holders as appropriate,;

c) to present an oral update to the Human Rights Council at its twenty ­seventh fourth
session, and a comprehensive report followed by a discussion on the implementation of
the present resolution at its twenty­ eighth fifth session.

9. 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,
in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical
assistance on implementing the above ­mentioned steps;

10.Calls upon the Government of Sri Lanka to cooperate with the Office of the High Commissioner
concerning the implementation of this resolution.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

UNIVERSAL DECLARATION OF HUMAN RIGHTS

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction

Article 1.

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, 

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.