11 October, 2007 - Published 17:39 GMT
The letter to Louise Arbour
10th October 2007
Madame Louise Arbour
High Commissioner for Human Rights
United Nations
Geneva
Dear Madame Arbour:
Independent Human Rights Monitoring Mission for Sri Lanka
We are sure that you are well aware of the history of human rights violations in Sri Lanka and of the various recommendations made over the years by special mechanisms of the UN human rights system. Most recently, recommendations have been made by the Special Rapporteur on Extra - Judicial Executions, the Working Group on Disappearances and the Special Representative of the Secretary-General on Children in Armed Conflict.
In Sri Lanka , human rights violations have been committed by the state as well as by the LTTE (Liberation Tigers of Tamil Eelam). Violations have also been committed by a range of other armed non-state actors. A pervasive climate of impunity, the existence of draconian laws that facilitate human rights abuse and the slow and steady erosion of democratic freedoms, have created a situation in which those who are victims of human rights abuse and who are human rights defenders have few channels through which they may seek justice and redress.
Over the past two years, as a result of the escalation of the conflict, there has been a significant increase in the intensity and magnitude of the violations of human rights and humanitarian law, both by state and non-state actors. These violations have been well documented in other communications addressed to your office.
Sri Lanka has also witnessed a steady erosion of the independence and effectiveness of many of its democratic institutions including the police, the public service, Parliament, the Attorney General's Department, the judiciary; and most recently, the Human Rights Commission and the Police Commission.
The failure to implement the 17th Amendment to the Constitution which enabled a multi-partisan Constitutional Council to recommend members to the independent Commissions, has contributed to the deterioration of human rights and democratic practice in the country. Moreover, the many different Committees and Commissions of Inquiry set up by the government, including the Commission set up in November 2006, have had no impact in reversing the deteriorating human rights situation.
At the moment there is no national institution that commands the credibility and respect of all sections of Sri Lankan society and it is in this context that human rights defenders have turned to the international community and to the OHCHR for support.
It is a matter of urgency to create such a national institution that will be independent and objective in its composition, in its mandate and in its practice.
We, as members of civil society, believe that the most effective way of paving the way for such a national institution and of addressing the culture of impunity that has existed for over 30 years is through the independent monitoring of human rights on the ground. This can only be done by an international field presence that has the credibility and the stature to win the confidence of victims of human rights abuse and break the cycle of silence and impunity that we live in.
For such an office to be effective and to be able to reverse the deteriorating human rights situation it should be able to perform a broad range of functions. These must include:
Investigations
Its mandate must include the capacity to investigate all violations of international humanitarian and human rights law, either at its own initiative or on the reception of a complaint from a victim or other person.
Physical Access
It should have the capacity to access all areas of the country, including those areas under the control of the LTTE, the Karuna Faction and other para-military forces and visit police stations, army camps, places of detention (both acknowledged and unacknowledged) and other installations which are under the control of government forces or non-state actors.
Advocacy
It should be enabled to engage with all government officials, including members of the armed forces, the police, other special forces, the Human Rights Commission, the Police Commission, the Sri Lanka Monitoring Mission, members of civil society and other institutions either through written or verbal communications and share its findings with these officials and institutions and make recommendations and offer advice. It should be able to perform a similar role with regard to the LTTE, the Karuna Group and other non-state actors.
Public Reporting
It should be mandated to document all violations of humanitarian law and human rights law and to disseminate these reports to those responsible for such violations; to the organs of the United Nations; to civil society and to the public.
Composition
It should consist of trained and experienced human rights monitors from the global north and the global south with a field presence in different parts of Sri Lanka, but especially in those areas that have been the venue of serious human rights violations.
We would urge you to raise this issue, as a matter of priority, with the Government of Sri Lanka and the LTTE during your visit to the country.
Sincerely,
1. Association of War Affected Women, Kandy
2. Agromart Outreach Foundation
3. Centre for Human Rights and Development (CHRD), Colombo
4. Centre for Policy Alternatives (CPA), Colombo
5. Centre for Peace and Reconciliation (CPR), Jaffna
6. Centre for Peace Building and Reconciliation (Cpbr), Colombo
7. Centre for Women and Development (Jaffna)
8. Centre for Society and Religion (CSR), Colombo,
9. Civil Rights Movement
10. Christian Alliance for Social Action (CASA), Colombo,
11. Commission for Justice, Peace and Human Development and Human Rights Secretariat – SETIK-Caritas Kandy,
12. Consortium of Humanitarian Agencies (CHA)
13. Dabidu Collective
14. Ecumenical Association of Third World Theologians (EATWOT)
15. Equal Ground Sri Lanka, Colombo
16. Home for Human Rights (HHR)
17. Human Development Organisation
18. Human Rights Media Resource Centre, Kandy
19. Institute of Human Rights (IHR)
20. International Centre for Ethnic Studies
21. IMADR
22. INFORM Human Rights Documentation Centre, Colombo
23. Janasansadaya, Panadura
24. Law & Society Trust (LST), Colombo
25. Mannar Citizens' Committee, Mannar
26. Mannar Women's Development Federation, Mannar
27. Mannar Women for Human Rights and Democracy, Mannar
28. MMDR
29. MONLAR
30. Mothers and Daughters of Lanka
31. Muslim Women's Research and Action Front (MWRAF),
32. Muslim Information Centre – Sri Lanka (MIC) , Colombo
33. Nadesan Centre for Human Rights Through Law
34. Penn Wimochana, Gnanodayam, Hatton
35. Resources for Peace and Reconciliation, Mannar
36. Rights Now Collective for Democracy, Colombo
37. Social Scientists' Association
38. Suriya Women's Development Centre