New resolution on Sri Lanka adopted at UNHRC with majority votes

The new resolution titled Promoting reconciliation, accountability and human rights in Sri Lanka, which was tabled at the 51st Regular Session of the United Nations Human Rights Council (UNHRC) today, has been adopted with majority votes.

A total of 20 countries including the United Kingdom, United States, France, Finland, Germany, Mexico, the Netherlands, Poland and the Republic of Korea had voted in favour of Resolution A/HR/51/5/L1/Rev1.

Meanwhile, 07 countries – China, Bolivia, Pakistan, Uzbekistan, Venezuela, Cuba and Eritrea – had voted against the resolution.

India, Japan, Nepal, UAE, Qatar, Libya and Indonesia were among the 20 countries that abstained from voting.

Permanent Representative to the UK in Geneva, Ambassador Simon Manley introduced the resolution on Sri Lanka at the 51st Regular Session of the UNHRC earlier today.

Presenting the resolution, he said the text is largely based on last year’s resolution but has been updated to reflect some of the key developments over the last 18 months in what has been a rather dramatic time for Sri Lanka - an economic crisis, mass protests, and a change in government, all of which have had a significant bearing on the human rights situation in the country.

The draft both recognizes the challenges Sri Lanka faced during this period and acknowledges the progress where this has occurred, Manley added.

“It reflects some of the more recent concerns outlined in the High Commissioner’s report, especially the human rights impact of the economic crisis. And it also addresses several longstanding issues which still need to be addressed. These include the lack of accountability for past violations, the many unresolved cases of enforced disappearances, the need for Sri Lanka to meet its own commitments on the devolution of political authority as well as the need to uphold the rights of all people in Sri Lanka including Tamils and Muslims.”

The main requests in the resolution are in Operative Paragraphs (OP) 8 and 18 and Operative Paragraph 8 seeks to continue the work initiated in last year’s resolution which created capacity within the Office of the High Commissioner to collect, consolidate, analyse and preserve information to support judicial and other proceedings, he explained.

“This capacity was set up in response to the lack of progress made by Sri Lanka’s domestic legal mechanisms towards accountability for past alleged gross violations of human rights. Unfortunately, this capacity has only been fully operational since May of this year and so requires more time to complete its mandate. We are therefore seeking to extend it for a further period as recommended by the former High Commissioner.”

Operative Paragraph 18 requests further reporting by OHCHR and proposes to move from an 18-month time frame to 2 years, he said further, adding that this is in recognition of the severe challenges which Sri Lanka is currently facing, allowing Sri Lanka sufficient time and space to make progress on human rights in what we all recognize is a very difficult context.

Concluding his statement, Manley said the UK is a close partner to and long-standing friend of Sri Lanka. “Our times run deep. We bring this resolution in order to help Sri Lanka address ongoing challenges and in order to encourage progress on reconciliation, justice, and human rights.”

Meanwhile, Minister Sabry, addressing the UNHRC session, categorically rejected the new draft resolution on Sri Lanka which was presented without the country’s consent or consultation.

He said this draft resolution is not helpful to the island nation.

Meanwhile, China urged the other nations to reject the new draft resolution on Sri Lanka. Pakistan also called for a vote on the resolution. Pakistani envoy said his country would vote against the resolution as it is outside the purview of the Council’s mandate and does not include provisions for atrocities committed by the LTTE.

The final draft of the new resolution on Sri Lanka was submitted to the 51st UNHRC session in Geneva along with the UN Human Rights High Commissioner’s report on the human rights situation in Sri Lanka on Wednesday (Oct. 05).

The draft resolution was initially sponsored by the Core Group on Sri Lanka including the UK, US, Germany, Canada, Malawi, Montenegro and North Macedonia.

Subsequently, it was also signed by Albania, Australia, Austria, Belgium, Canada, Czechia, Denmark, Estonia, Finland, France, Germany, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, the Netherlands, New Zealand, Norway, Slovakia and Sweden.

The draft requests the Office of the High Commissioner for Human Rights (OHCHR) to enhance its monitoring and reporting on the situation of human rights in Sri Lanka, including on progress in reconciliation and accountability and on the human rights impact of the economic crisis and corruption.

The office has also been requested to present oral updates to the Human Rights Council at its 53rd session and 55th sessions and a written update at its 54th session and a comprehensive report that includes further options for advancing accountability at its 57th session in 2024.

The new resolution also expresses concern over the human rights developments since April 2022 including violence against and arrests of peaceful protesters as well as violence against government supporters, resulting in deaths, injuries, destruction and damage to the houses of MPs.

The resolution has also sought to extend and reinforce the capacity of the Office of the High Commissioner to collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations in Sri Lanka.