Return to War - Human Rights Watch
Return to War - Human Rights Watch Return to War - Human Rights Watch
intervene in litigation before any court dealing with the infringement of a fundamental right. In practice, the HRC’s ability to jump-start prosecutions has been limited. It must first try to settle a complaint through mediation. If this fails, it can recommend to the appropriate authorities that the persons responsible for a violation be prosecuted. Security personnel frequently fail to cooperate with the HRC and have often denied commission staff access to detention facilities. “We have the power to take up [laws of war] cases but during the war the military always tells us that they can’t guarantee our safety,” one Human Rights Commission officer told Human Rights Watch. “So in effect we can’t investigate.” 261 In addition, many Sri Lankans face great difficulties in accessing the HRC, particularly in the rural areas where serious abuses take place. While the HRC has 11 regional offices around the country, many lack adequate resources and are understaffed. Furthermore, field officers do not have proper protection when their inquiries place them in danger. With the onset of the peace talks after the 2002 ceasefire, the Norwegian government, which mediated the negotiations, called on the HRC to assume a larger role in the peace process because both the government and the LTTE rejected proposals for international human rights monitoring. On March 21, 2003, during the sixth round of peace talks in Japan (the last round before the LTTE pulled out), the parties resolved to strengthen the Human Rights Commission by helping [to] enable it to develop the capacity for increasingly effective monitoring throughout the country. These proposals would involve international advice and assistance to the HRC from the Office of the UN High Commissioner for Human Rights and other sources, and close coordination with the roles of UNICEF in relation to child protection, UNHCR in relation to the protection of returning internally displaced 261 Human Rights Watch interview with Human Rights Commission officer, date and place withheld. 113 Human Rights Watch August 2007
persons and refugees, and SLMM in relation to acts against the civilian population. 262 The HRC balked at what it considered an unmanageable task. After a mission to the east in December 2003, it declared, It is the Commission’s belief that no national or regional human rights entity will be able to effectively monitor and implement human rights standards in the north and the east. No organization or individual enjoys that kind of universal authority and legitimacy. If a national organization is entrusted with this task it must be with substantial international aid and assistance. The Commission believes that the following course of action should be agreed to by the parties to the peace process…. A monitoring mechanism must be set up which involves substantial international assistance. The monitoring mechanism must have a strong and independent investigating wing which is fully trained and competent. Witness protection schemes and victim protection schemes should also be in operation. 263 The HRC reiterated this position after its mission to the east in April 2005. 264 Thus, while a strengthened and better funded commission with genuine independence can play an important role in monitoring human rights abuses in Sri Lanka, it could not substitute for an international monitoring mission under UN auspices. Inadequacy of the Presidential Commission of Inquiry Under pressure from foreign governments and domestic and international human rights groups to address the growing culture of impunity, the Sri Lankan government 262 “New Progress in Sri Lanka Peace Talks,” News of Norway, March 21, 2003, http://www.norway.org/News/archive/2003/200301srilanka.htm (accessed July 3, 2007). 263 Human Rights Commission of Sri Lanka, “The Human Rights Situation in the Eastern Province,” December 2003, p. 33. 264 Human Rights Commission, “The Human Rights Situation in the Eastern Province (April 2005),” April 12, 2005, http://www.lines-magazine.org/articles/HRC_April2005_SriLanka.htm (accessed May 16, 2007). Return to War 114
- Page 65 and 66: It is evident that many of the [dis
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persons and refugees, and SLMM in relation <strong>to</strong> acts against the civilian<br />
population. 262<br />
The HRC balked at what it considered an unmanageable task. After a mission <strong>to</strong> the<br />
east in December 2003, it declared,<br />
It is the Commission’s belief that no national or regional human rights<br />
entity will be able <strong>to</strong> effectively moni<strong>to</strong>r and implement human rights<br />
standards in the north and the east. No organization or individual<br />
enjoys that kind of universal authority and legitimacy. If a national<br />
organization is entrusted with this task it must be with substantial<br />
international aid and assistance. The Commission believes that the<br />
following course of action should be agreed <strong>to</strong> by the parties <strong>to</strong> the<br />
peace process…. A moni<strong>to</strong>ring mechanism must be set up which<br />
involves substantial international assistance. The moni<strong>to</strong>ring<br />
mechanism must have a strong and independent investigating wing<br />
which is fully trained and competent. Witness protection schemes and<br />
victim protection schemes should also be in operation. 263<br />
The HRC reiterated this position after its mission <strong>to</strong> the east in April 2005. 264 Thus,<br />
while a strengthened and better funded commission with genuine independence can<br />
play an important role in moni<strong>to</strong>ring human rights abuses in Sri Lanka, it could not<br />
substitute for an international moni<strong>to</strong>ring mission under UN auspices.<br />
Inadequacy of the Presidential Commission of Inquiry<br />
Under pressure from foreign governments and domestic and international human<br />
rights groups <strong>to</strong> address the growing culture of impunity, the Sri Lankan government<br />
262 “New Progress in Sri Lanka Peace Talks,” News of Norway, March 21, 2003,<br />
http://www.norway.org/News/archive/2003/200301srilanka.htm (accessed July 3, 2007).<br />
263 <strong>Human</strong> <strong>Rights</strong> Commission of Sri Lanka, “The <strong>Human</strong> <strong>Rights</strong> Situation in the Eastern Province,” December 2003, p. 33.<br />
264 <strong>Human</strong> <strong>Rights</strong> Commission, “The <strong>Human</strong> <strong>Rights</strong> Situation in the Eastern Province (April 2005),” April 12, 2005,<br />
http://www.lines-magazine.org/articles/HRC_April2005_SriLanka.htm (accessed May 16, 2007).<br />
<strong>Return</strong> <strong>to</strong> <strong>War</strong> 114
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