HUMAN RIGHTS COUNCIL OPENS ELEVENTH SPECIAL SESSION ON SITUATION OF HUMAN RIGHTS IN SRI LANKA

The Human Rights Council this afternoon opened its eleventh Special Session on the situation of human rights in Sri Lanka. High Commissioner for Human Rights Navi Pillay said that there were strong reasons to believe that both the Government and the Liberation Tigers of Tamil Eelam had grossly disregarded the fundamental principle of the inviolability of civilians.

In a video message, the High Commissioner said an independent and credible international investigation into recent events should be dispatched to ascertain the occurrence, nature and scale of violations of international human rights and international humanitarian law, as well as specific responsibilities. Victims and the survivors had a right to justice and remedies. Ms. Pillay said she remained convinced that an Office of the High Commissioner for Human Rights with a promotion and protection mandate in Sri Lanka could play an important role in supporting the Government and in building the confidence of all stakeholders in Sri Lanka’s recovery. She urged the Human Rights Council to support the call for the international community’s help at such a critical juncture for Sri Lanka.

Sri Lanka’s Minister of Disaster Management and Human Rights, Mahinda Samarasinghe, speaking as the concerned country, said that over 250,000 persons who had been held hostages by the Liberation Tigers of Tamil Eelam had been freed by the Sri Lankan forces and were now being looked after by the Sri Lankan Government. Sri Lanka was also giving access to some 50 international organizations and non-governmental organizations. Sri Lanka was committed to continue to ensure access to their international partners. Their objective was to resettle all citizens in their homes but they had to ensure that an environment was created so that an informed choice could be taken by the people themselves. The Government cared for all Sri Lankan citizens and would ensure that demining was carried out, that basic services were provided in the region and this information would be given to the people in order for them to make an informed decision on whether or not to return to their homes.

The President of the Council, Ambassador Martin Ihoeghian Uhomoihi of Nigeria, hoped that in the next days and months, the important tasks of reconciliation, rehabilitation and reconstruction would begin and pave the way for sustainable peace and development in Sri Lanka. The Human Rights Council, convening this Special Session today, joined in sending a message of readiness and willingness to work with the Government and people of Sri Lanka to address the most urgent humanitarian and human rights challenges facing them.

A joint statement by the Special Procedures mandate-holders of the United Nations Human Rights Council said they reiterated their deep concern at the continuing humanitarian crisis and at the serious human rights situation in Sri Lanka, and were also concerned about the lack of transparency and accountability that accompanied this crisis. A huge number of civilians had been displaced and many had been killed. The devastating situation of civilians in Sri Lanka trapped in the midst of fighting between the Sri Lankan army and the Liberation Tigers of Tamil Eelam had resulted in over some 300,000 displaced persons interned in Government-run camps. Their situation must be immediately addressed.

The Special Procedures said it was clear that the Liberation Tigers of Tamil Eelam acted in flagrant violation of the applicable norms of international law by using civilians as human shields or in preventing them from leaving the conflict areas. As to the Government of Sri Lanka, citing security concerns, after three months it continued to detain in temporary camps the more than 300,000 men, women and children who escaped the fighting. This gave rise to concerns of arbitrary detention. Today, a critical humanitarian situation existed with regard to essential needs such as food, water and sanitation, shelter, education and healthcare. The Special Procedures called upon the authorities to swiftly extend invitations to those mandate-holders who wished to conduct country visits to Sri Lanka.

Speakers in the general debate were divided on the approach which should be taken by the Council towards Sri Lanka in the aftermath of the conflict. A number of speakers questioned the convening of the Special Session, saying it was not clear what the Special Session aimed to achieve. Now that the armed conflict in Sri Lanka had been concluded, they affirmed the need to mobilize and intensify all efforts to assist civilians affected by the conflict for many decades. They felt that at this juncture, the international community should be focused more on helping Sri Lanka to address its humanitarian challenges. With the regular session of the Council only a few days away, the undue haste for calling this Special Session was not only inexplicable but a waste of time, effort and money.

Others said they were seriously concerned that the human rights situation in Sri Lanka had been backsliding in areas not directly related to the conflict. Media freedoms had deteriorated significantly in 2008 and 2009 with several attacks on journalists and media premises. There had been little progress on bringing to justice the perpetrators of enforced disappearances in Sri Lanka. Further, the country’s human rights protection mechanisms were inadequate, lacking both capacity but also independence. During the conflict, the use of force was often indiscriminate and often civilians were used as human shields. It was the primary responsibility for the Government of Sri Lanka to investigate violations of international human rights and international humanitarian law, as well as to oppose impunity. It was now necessary for the Government to establish criminal liability for those who had violated international humanitarian law and international human rights law.

Speaking in the general debate were the Czech Republic on behalf of the European Union, Cuba on behalf of the Non-Aligned Movement, Egypt on behalf of the African Group, Pakistan on behalf of the Organization of the Islamic Conference, Germany, Canada, Qatar, China, India, Russian Federation, Egypt, Jordan, Switzerland, Chile, Cuba, Brazil, Malaysia, the United Kingdom, the Philippines, Argentina, Indonesia, Slovenia, Japan, France, Mexico, Ghana, Italy, Nicaragua, Saudi Arabia and South Africa.

The Council will resume its eleventh Special Session on the situation of human rights in Sri Lanka at 10 a.m. on Wednesday, 27 May.


Opening Statements

MARTIN IHOEGHIAN UHOMOIBHI, President of the Human Rights Council, in his opening statement, said that the eleventh Special Session of the Human Rights Council was supported by the following 17 Member States of the Council: Argentina, Bosnia and Herzegovina, Canada, Chile, France, Germany, Italy, Mauritius, Mexico, the Netherlands, the Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, the United Kingdom and Uruguay.

As Member States met here today in a Special Session on the human rights situation in Sri Lanka, once again the Human Rights Council signalled its readiness to contribute to promoting and protecting human rights in all parts of the world, underscored Mr. Uhomoibhi. This was right and appropriate and was consistent with the mandate of the Council.

However, he believed no one in this hall was unaware of the long history of the needless conflict that had ravaged the nation of Sri Lanka for the past two and a half decades and more. In the course of this atrocious conflict, thousands of innocent lives had been wasted and millions of people had suffered untold hardships, stressed Mr. Uhomoibhi. Member States commiserated with the civilian population, particularly the most vulnerable segments of the population, who had borne the brunt of the war. Mercifully, so to speak, today as Member States met, the guns had gone silent in Sri Lanka, hopefully forever. The dawn of peace which appeared to be beginning was most welcome. It was hoped that, in the next days and months, the important tasks of reconciliation, rehabilitation and reconstruction would begin and would pave the way for sustainable peace and development in the country. He said he could not agree more with the United Nations Secretary-General who, in his recent visit to Sri Lanka, stated that it was imperative now to find a lasting political solution to the situation in the country, while addressing the aspirations and grievances of all concerned.

The Human Rights Council, convening this session today, joined in sending a message of readiness and willingness to work with the Government and people of Sri Lanka to address the most urgent humanitarian and human rights challenges facing them. As the Human Rights Council, this should be our focus and objective, signalled Mr. Uhomoibhi. He wished, therefore, to call on all delegations present at this meeting to work together in an open and constructive manner in the conduct of the debate, discussions and negotiations. As he had underscored on previous occasions, no useful purpose could be served if they did not invest their efforts and energies in addressing the needs of the victims. And the way by which this was best achieved was through dialogue, conducted in an atmosphere of respect and dignity for all sides and opinions.

NAVI PILLAY, United Nations High Commissioner for Human Rights, in a video message to the Human Rights Council, said that she regretted that she was not able to attend in person this Special Session on the human rights situation in Sri Lanka. It was appropriate that the Human Rights Council, as the premier body for the protection of human rights, addressed the tragic human rights and humanitarian consequences of the conflict in that country. “The images of terrified and emaciated women, men and children fleeing the battle zone ought to be etched in our collective memory. They must spur us into action.” she said.

Since December, during the latest phase of intense fighting, tens of thousands of civilians had been killed, injured or displaced. They had seen their property and livelihoods shattered. Independent human rights monitors and the media should be given unfettered access to verify reports of serious violations of international human rights and international humanitarian law which had consequently surfaced in the course of the fighting, said Ms. Pillay. Furthermore, the fate of thousands of civilians believed to have been in the conflict area, or in transit to displacement camps, was still unknown. The plight of those who had already reached the camps had to be addressed with urgency. These people were in desperate need of food, water, medical help and other forms of basic assistance. Severe overcrowding was creating serious problems. Malnourishment was a pressing concern. There had already been outbreaks of contagious diseases, noted Ms. Pillay.

Unrestricted humanitarian aid would make the difference between life, illness or even death to many, and yet access for the United Nations and non-governmental organizations to the internally displaced persons camps continued to be hampered, said Ms. Pillay. She called on the Government to ensure that unimpeded assistance promptly reached the survivors. She also urged the Government to expedite and correct flaws in the screening process implemented to separate Liberation Tigers of Tamil Eelam (LTTE) combatants from the civilian population. Full access to independent monitors was crucial to ensure due process and humane treatment for detainees. Freedom of movement for the very large majority of displaced people who did not pose security threats should also be granted as soon as possible.

The Government had claimed military victory over the LTTE and announced the death of senior LTTE commanders, said Ms. Pillay. For many years, the LTTE’s campaign of violence had been terrorizing Sri Lankan people of all ethnic communities and had ruthlessly eliminated independent-minded Tamils who dared to dissent. She fully recognized the Government’s responsibility to protect its people against acts of this kind, but as in any comparable situation, the rules of international human rights and international humanitarian law had to be upheld at all times. In no circumstances could the end justify the means employed to achieve it.

“There are strong reasons to believe that both sides have grossly disregarded the fundamental principle of the inviolability of civilians” said Ms. Pillay. An independent and credible international investigation into recent events should be dispatched to ascertain the occurrence, nature and scale of violations of international human rights and international humanitarian law, as well as specific responsibilities.

Victims and the survivors had a right to justice and remedies. The Government had already indicated that it might grant amnesty to lower and mid-level LTTE cadres and only prosecute senior LTTE leaders. Ms. Pillay underscored that amnesties preventing accountability of individuals who might be responsible for war crimes, genocide, crimes against humanity or gross violations of human rights were impermissible.

At the time she recorded her message, on May 25, the Secretary-General had visited Sri Lanka. She joined him in his appeal to the Government of Sri Lanka to address the root causes, the longstanding human rights conditions, to ensure a comprehensive process of accountability for human rights violations by all concerned. A new future for the country, the prospect of meaningful reconciliation and lasting peace, where respect for human rights and fundamental freedoms could become a reality for all, hinged upon such in-depth and comprehensive approaches.

Ms. Pillay remained convinced that an Office of the High Commissioner for Human Rights with a promotion and protection mandate in Sri Lanka could play an important role in supporting the Government and in building the confidence of all stakeholders in Sri Lanka’s recovery. She urged the Human Rights Council to support the call for the international community’s help at such a critical juncture for Sri Lanka.

MAGDALENA SEPULVEDA CARMONA, Independent Expert on the question of human rights and extreme poverty, said that she was delivering her statement on behalf of the Special Procedures mandate-holders of the United Nations Human Rights Council. The Special Procedures mandate-holders reiterated their deep concern at the continuing humanitarian crisis and at the serious human rights situation in Sri Lanka, and were also concerned about the lack of transparency and accountability that had accompanied this crisis. A huge number of civilians had been displaced and many had been killed. The devastating situation of civilians in Sri Lanka trapped in the midst of fighting between the Sri Lankan army and the Liberation Tigers of Tamil Eelam had resulted in the internment of some 300,000 displaced persons in Government-run camps. Their situation must be immediately addressed.

As they had stated on previous occasions with regard to other situations, the obligation under international law to distinguish between combatants and civilians, to direct attacks only against combatants and military targets, and to ensure protection of civilians must be respected by all parties to the conflict. In this regard, it was clear that the Liberation Tigers of Tamil Eelam had acted in flagrant violation of the applicable norms of international law by using civilians as human shields or in preventing them from leaving the conflict areas. As to the Government of Sri Lanka, citing security concerns, after three months it continued to detain in temporary camps the more than 300,000 men, women and children who had escaped the fighting. This gave rise to concerns of arbitrary detention, Ms. Sepúlveda noted. With combat operations in the conflict zone coming to an end, it was necessary to speed up the screening process in the camps. Releases must take place without further delay and should prioritize the most vulnerable. The reintegration of these persons into society with due attention to their mental and physical integrity was critical.

Today, a critical humanitarian situation existed with regard to essential needs such as food, water and sanitation, shelter, education and healthcare. It was regrettable that United Nations personnel were until very recently denied access to the conflict zone and initial screening points for persons exiting the conflict zone, including Kilinochchi, which made it very difficult to determine the veracity of the allegations of serious human rights violations, including enforced disappearances and arbitrary executions and detentions. Indeed, it was very worrisome to learn from recent reports received that some of those who risked their lives to help the sick and wounded in the conflict zone were now being detained incommunicado. The Special Procedures called upon the authorities to swiftly extend invitations to those mandate-holders who wished to conduct country visits to Sri Lanka. In addition to concerns about the severe abuses in areas of conflict, emphasis should be put on the wider and endemic problems and failures to protect human rights throughout the country. Weak institutional structures permitted impunity to go unabated. Disturbing reports of torture, extra-judicial killings and enforced disappearances continued to be received. Those defending human rights, journalists, doctors and lawyers, did not have the space they needed to do their important work without fear of reprisals. Ms. Sepúlveda stressed that room needed to be provided for constructive dialogue which also included the possibility to express dissent in a democratic society.

Statement by the Concerned Country

MAHINDA SAMARASINGHE, Minister of Disaster Management and Human Rights of Sri Lanka, speaking as the concerned country, said that the Council was focusing on Sri Lanka at a time when a 30 years old conflict was coming to an end. The issue of giving access to conflict zones when a conflict had ended was not a topic to be discussed; Sri Lanka was giving access to all its partners.

At a time when the biggest hostile situation in present time had been successfully resolved, at a time when new challenges arose for peace, they were meeting in this room to discuss Sri Lanka. He had however not heard the High Commissioner refer to the fact that one of the most ruthless terrorist organizations had been defeated; the fact that a 30-year old conflict had ended; and that the biggest hostage crisis that the world had ever known had been resolved, said Mr. Samarsinghe.

Over 250,000 persons who had been held hostages by the Liberation Tigers of Tamil Eelam (LTTE) had been freed by the Sri Lankan forces and were now being looked after by the Sri Lankan Government, said Mr. Samarsinghe. Sri Lanka was also giving access to some 50 international organizations and non-governmental organizations. Sri Lanka was committed to continue to ensure access to their international partners. Their objective was to resettle all citizens in their homes but they had to ensure that an environment was created so that an informed choice could be taken by the people themselves. Nearly 9,000 persons who had surrendered and other identified recruits of the LTTE would be put in a rehabilitation programme.

Mr. Samarsinghe said that the Government cared for all Sri Lankan citizens and they would ensure that demining was carried out, and that basic services were provided in the region. This information would be given to the people in order for them to make an informed decision on whether to return to their homes or not.

The draft resolution before the Human Rights Council was an implementable resolution, said Mr. Samarsinghe, and they hoped that the resolution would be supported by everyone. Sri Lanka was a State that was coming out of a 30-year old conflict. They were in the process of putting into place the voluntary pledges they had made at the Universal Periodic Review for the better protection of all of their citizens in each and every part of their country. Sri Lanka needed to be supported by the whole international community. Sri Lanka had always cooperated with all the core treaty bodies and Special Procedures. They had also put in place a mechanism to protect children in armed conflicts, among many other initiatives. Sri Lanka was a multicultural, multi lingual, multi ethnic and multi religious society; this was its strength. And it was only through the nurturing of this diversity that they would be able to be successful in their reconstruction efforts.

General Debate

TOMAS HUSAK (Czech Republic), speaking on behalf of the European Union, welcomed this opportunity to address the serious human rights situation in Sri Lanka. Over the years, the European Union has followed with deep concern the protracted conflict in the north of Sri Lanka. The recent climax had seen thousands of civilians trapped in the conflict zone or shelled in the previously assigned `safe zones’, defenceless and with very little humanitarian assistance. This had been appalling. The European Union had condemned the Liberation Tigers of Tamil Eelam’s violent and terrorist means and its use of civilians as human shields, and had repeatedly called on the organization to renounce terrorism and violence. At the same time, the European Union had pleaded throughout the conflict with the Sri Lankan Government to take all necessary steps to prevent, in accordance with international humanitarian law, the loss of lives of civilians and protect the human rights of all, and in particular the lives of internally displaced persons.

The recent announcement about the end of the fighting was welcomed. The European Union called on the Government of Sri Lanka to start a comprehensive and fully inclusive political peace process, that would, at the outset, also address issues regarding the full protection of the internally displaced persons and their return, protection of children affected by armed conflict, including rehabilitation and reintegration of child soldiers, the upholding of human rights compliance with international human rights and international humanitarian law and full accountability of those responsible for those violations. The European Union understood the importance of discussion and was searching for a consensus on the best way for the Council to assist Sri Lanka in the coming months and years.

RESFEL PINO (Cuba), speaking on behalf of the Non-Aligned Movement, said that the presence of the Sri Lankan Minister for Disaster Management in this Special Session was a testimony of the commitment of Sri Lanka towards this Council. The Non-Aligned Movement congratulated Sri Lanka on putting an end to more than 25 years of internal conflict. Sri Lanka’s sovereign right to fight terrorism and separatism within its undisputed borders had to be respected. Sri Lanka had now entered a new post-conflict beginning. In that regard, the Non-Aligned Movement wished the Government and people of Sri Lank success in rapidly overcoming the consequences of the conflict.

The convening of this Special Session had been marked by divisions and lack of understanding among various actors. The Non-Aligned Movement firmly believed that preserving the core principles of avoiding selectivity and double standards, as well as promoting an approach of cooperation for the promotion and protection of human rights, were vital to the success of the Human Rights Council.

HISHAM BADR (Egypt), speaking on behalf of the African Group, said that the African Group had not been in favour of holding a Special Session. The African Group thought that the conflict in Sri Lanka was an internal affair in which a sovereign Government did its best to fulfil its duty towards its citizens and took measures necessary to fight a militia that was universally recognized as a terrorist group. It was not clear what the Special Session was aiming to achieve in this regard. Now that the armed conflict in Sri Lanka had ended, the African Group affirmed the need to mobilize and intensify all efforts to assist civilians affected by the conflict for many decades. Emphasis needed to be placed on ways and means to support the Government of Sri Lanka in its efforts for reconciliation, rehabilitation, reconstruction and the restoration of order and the rule of law all over the country.

The African Group welcomed the clear commitment of the Government of Sri Lanka to political reconciliation in the country. It was noteworthy that all regional neighbours of Sri Lanka indicated their support for the efforts of the Government in this regard. Also welcomed was the particular attention given by the Government of Sri Lanka to address the issue of internally displaced persons. The African Group called upon the international community to increase its assistance to the Government of Sri Lanka in order to increase the accessibility of the internally displaced persons to humanitarian relief efforts.

ZAMIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, congratulated the Government and people of Sri Lanka for their victory against one of the most dangerous and vicious terrorist organizations. They wished every success to the Sri Lankan Government in its efforts to overcome the challenges of relief, rehabilitation, resettlement and reconciliation. The Organization of the Islamic Conference also welcomed the commitment of the Sri Lankan Government to work in close cooperation with the United Nations. There was an urgent need for the United Nations and the international community as a whole to address the problems related to the internally displaced persons, mine clearing operations, humanitarian needs, and the release and rehabilitation of child soldiers recruited by the Liberation Tigers of Tamil Eelam.

The Organization of the Islamic Conference felt that at this juncture, the international community should be focused more on helping Sri Lanka to address its humanitarian challenges. With the regular session of the Council only a few days away, the undue haste for calling this Special Session was not only inexplicable but a waste of time, effort and money. Sri Lanka was a functioning democracy. Under international law, its Government was fully justified to protect and uphold the sovereignty and territorial integrity of the country by all means at its disposal to defeat the Liberation Tigers of Tamil Eelam. Unfortunately, it seemed that for some there were differing standards for judging human rights as well as the criterion for combating terrorism.

KONRAD MAX SCHARINGER (Germany) aligned itself with the statement made by the Czech Republic on behalf of the European Union. A week ago, one of the bloodiest civil wars of recent decades had come to an end in Sri Lanka; the human rights problems, however, remained. Both sides had ignored repeated appeals from the international community – including that of neighbouring India, for example – to agree on a ceasefire and seek a negotiated settlement. Both sides had continued fighting, although hundreds of thousands of civilians, women, children and elderly, had been caught between the front lines and could not flee to safety. Many Tamils, who survived the fighting, continued to suffer, from shock and trauma, from injuries and hunger, from the loss of their homes, villages, towns and from harsh treatment in camps.

What the country needed now was a review process to identify what led up to this tragedy, and an investigation process to examine human rights violations and punish those responsible. The focus must not just be on the northern and eastern regions but on the country as a whole, for in the current climate those who held different views were subject to violence and oppression and those who were responsible for such acts went unpunished. This had to stop immediately, all communities must once again be free to say and write what they wanted without risking intimidation, torture or death.

MARIUS GRINIUS (Canada) said that while recognizing some encouraging signs, the human rights situation in Sri Lanka was troubling in areas both related and unrelated to the escalation of the conflict in recent years. Continuous improvement in the human rights situation was a necessary condition for lasting peace in Sri Lanka. Canada also welcomed the end of hostilities in the country and understood that Sri Lanka had fought a brutal enemy. Canada had listed the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist organization in 2006. Canada also had serious concerns about the Government of Sri Lanka’s conduct during the conflict and remained concerned about the humanitarian situation in Sri Lanka. They were encouraged by the Government’s commitment to the timely, voluntary and safe return of internally displaced persons.

Canada was at the same time seriously concerned that the human rights situation in Sri Lanka had been backsliding in areas not directly related to the conflict. Media freedoms had deteriorated significantly in 2008 and 2009 with several attacks on journalists and media premises. There had been little progress on bringing to justice the perpetrators of enforced disappearances in Sri Lanka. Further, the country’s human rights protection mechanisms were inadequate, lacking both capacity but also independence.

KHALID FAHAD AL-HAJRI (Qatar) said Qatar fully supported the statements by the Arab Group and the Organization of the Islamic Conference. Given the circumstances, it was inappropriate to hold a Special Session, especially as the eleventh regular session was fast approaching. It was important to respect the legal principle for the Government of Sri Lanka to govern its own territory. Qatar believed it was essential to support the efforts of Sri Lanka to safeguard security for all citizens and to ensure lasting peace while promoting development and progress. Qatar called upon the international community to support Sri Lanka’s efforts in the promotion and protection of human rights and to assist it in its efforts for rehabilitation through United Nations agencies and international aid.

LI BAODONG (China) congratulated the Sri Lankan Government for their victory in their war against terrorism. With this, Sri Lanka was now at a new departure point in human rights. Convening this Special Session was highly regrettable. Since the start of the civil war, the Government had taken several measures for the protection and security of civilians. The recent meeting with the United Nations Secretary-General was a demonstration of Sri Lanka’s cooperation. The international community should respect the independence and territorial integrity of Sri Lanka and give it assistance and cooperation.

The civil war had now come to an end in Sri Lanka but the Government and the people still faced the challenge of resolving the humanitarian crisis. China had given $ 1 million in cash aid in order to resettle displaced civilians in the north of the country.

GOPINATHAN ACHAMKULANGARE (India) said India had serious reservations about the objectives and usefulness of convening a Special Session of the United Nations Human Rights Council on the human rights situation in Sri Lanka at this time. Sri Lanka had just brought to an end a long and tragic conflict waged by an organization wedded to terrorism and separatism. The international community’s over-riding goal and priority in Sri Lanka today needed to be focused on promoting a process of reconciliation and healing, overcoming the consequences of this tragic conflict. Instead, by forcing a Special Session on the Council, some Members had, regrettably, politicised the Council’s work. This was an unfortunate development. It would have been sufficient if this discussion had taken place during the eleventh regular session of the Council that was barely a week away.

The activities of the Liberation Tigers of Tamil Eelam had, in fact, reinforced the need for the Council to focus its attention on human rights violations by non-State actors, especially terrorist groups. The Council must not be reluctant to hold non-State actors accountable for their human rights violations. What Sri Lanka needed now was international assistance for the serious humanitarian situation of civilians who came out of the conflict areas.

VALERY LOSHCHININ (Russian Federation) welcomed the end of the very long and bloody armed conflict in Sri Lanka and the fact that the Government had now taken back the control of all parts of the country. Russia congratulated Sri Lanka for their victory over separatism and terrorism. The Government was now facing new challenges, above all the rehabilitation of the victims. They noted with satisfaction the work that had been done by the authorities so far. Russia considered that the international community and the United Nations had to provide the Government with the necessary assistance, especially in the area of rehabilitating the internally displaced persons and improving the socio-economic situation in the country. The wounds would take time to heal. The problem of the child soldiers recruited by the Liberation Tigers of Tamil Eelam also had to be addressed.

Russia further welcomed the assurances given by the President of Sri Lanka to seek a national solution acceptable to all. Russia expressed the hope that the people and the Government would rapidly overcome the effects of the conflict. This was a victory of the international community as a whole. Russia had not been in favour of calling this Special Session and it was important to show support for the country.

HISHAM BADR (Egypt) welcomed the statement made by the Sri Lankan Minister. His presence here illustrated the Sri Lankan Government’s commitment to cooperate with the Council and its mechanisms. Egypt did not understand why the Special Session was being convened. Sri Lanka had battled a conflict for many decades and had faced a conflict raised by terrorists. When the Government forces had been on the brink of winning a victory against the rebels, the international community had exercised pressure on the Government. The international community needed to extend its hand to Sri Lanka to ensure national reconciliation, rehabilitation and reconstruction, not to hold a Special Session. The time had come to note that the conflict was over and it was a time for reconstruction. The Government of Sri Lanka had fulfilled its role in this regard, and needed the international community’s support.

MUTAZ FALEH S. HYASSAT (Jordan) said that Sri Lanka’s openness and cooperation with the United Nations and humanitarian agencies deserved their appreciation. Jordan also commended Sri Lanka for its cooperation with the Human Rights Council. Particular attention should be given to internally displaced persons in order to alleviate their suffering and help them return to their homes in a speedy manner. Jordan was pleased that Sri Lanka had taken steps to that effect. It was also encouraging to note the ongoing cooperation between the Government and the United Nations Children's Fund with respect to child soldiers that had been recruited by the Liberation Tigers of Tamil Eelam. The international community should lend its support to Sri Lanka in the post conflict efforts with respect to reconciliation, recovery, reconstruction and socio-economic development.

DANTE MARTINELLI (Switzerland) said Switzerland had joined in favour for the request to convene this Special Session. From the beginning, Switzerland had done all it could to ensure that a dialogue between all the delegations could take place so that the Special Session was held in an inclusive and cooperative atmosphere. The aim was to enable the Council to contribute to improving the situation of victims, in cooperation with Sri Lanka. Open consultations had been held and the draft text had been discussed with all Members with a clear wish for dialogue and moderation. Switzerland was relieved that the armed conflict had come to an end and hoped that the Government of Sri Lanka would adopt policies that would lead to a lasting peace in the country.

During the conflict, the use of force was often indiscriminate and often civilians were used as human shields. Switzerland recalled that it was the primary responsibility for the Government of Sri Lanka to investigate violations of international human rights and international humanitarian law, as well as to oppose impunity. It was now necessary for the Government to establish criminal liability for those who violated international humanitarian law and international human rights law. The issue of internally displaced persons was a complex one. The Government of Sri Lanka needed to collaborate closely with the United Nations and the International Committee of the Red Cross and should raise all restrictions imposed on humanitarian aid agencies. The fundamental rights of internally displaced persons must be protected, such as access to water, health care and food. Child soldiers must also be reintegrated and journalists held in detention centres should be released.

CARLOS PORTALES (Chile) said that Chile had to dissociate itself with the statement made by the Non-Aligned Movement. Chile had joined other countries in calling for this Special Session. This was a very important time for Sri Lanka and all its citizens. Assistance should be given to the displaced. The close relationship between human rights law and international humanitarian law was recognized in the International Covenant on Economic Social and Cultural Rights. One of the responsibilities of the Human Rights Council was to respond promptly to human rights emergency situations. The serious humanitarian crisis that the internally displaced persons faced in Sri Lanka had led the Secretary-General to say that he had been saddened by what he had seen. This had required a prompt response by the Council.

The end of the civil war in Sri Lanka raised hopes. But any transition after a conflict period was not easy. Access to the displaced for humanitarian agencies needed to be met. Progress had to be made in re-housing, and the work of rehabilitation, particularly of child soldiers was important. National reconciliation with the full incorporation of minorities was a fundamental task. The statement by the Government of Sri Lankan Government was encouraging. The spirit of the Council had to be one of cooperation with Sri Lanka.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said Cuba fully associated itself with the statement made by the Non-Aligned Movement. Cuba thanked the Minister for Human Rights of Sri Lanka for his statement which illustrated the Government of Sri Lanka’s commitment to cooperate with the Human Rights Council. Cuba did not agree with the convening of the Special Session. It was an attempt by certain colonial powers to stigmatize a smaller country. It was hoped that in the future, when dealing with a similar problem, the Human Rights Council would not resort to selectivity as was characteristic with the old Commission on Human Rights. It was surprising to hear the statement by the Independent Expert on extreme poverty who made allegations and these would be called into question.

Cuba was a draft cosponsor of resolution L1 as a gesture of cooperation and openness and Cuba’s commitment to the work of the Human Rights Council. It addressed inter alia the issue of internally displaced persons, the rehabilitation of child soldiers, and the achievement of national reconciliation, among other things. Cuba called on Members of the Council to give their unreserved support to resolution draft L1.

MARIA NAZARETH FARANI AZEVEDO (Brazil) said that Brazil was concerned about the human rights situation in Sri Lanka. The days of unilateral values were long gone. The Special Session should be used as a constructive instrument to contribute to the improvement of the situation on the ground. For almost three decades, people in Sri Lanka had been living under internal conflicts, ethnic hostilities and acts of terrorism. Militants of the Liberation Tigers of Tamil Eelam had been responsible for some of the most brutal assassinations the world had ever witnessed and had recruited child soldiers. Brazil urged Sri Lanka to investigate and persecute perpetrators. The Government had won the war against terror, but they had yet to conquer peace and Brazil understood that peace depended on the full cooperation of the Sri Lankan Government with the United Nations System and its partners. Firm and unequivocal signs that the Tamil and other minorities would be respected and protected by the State would be a welcome gesture which could certainly contribute to the efforts of national reconstruction.

OTHMAN HASHIM (Malaysia) aligned itself with the statements delivered by Pakistan and Cuba on behalf of the Organization of the Islamic Conference and the Non-Aligned Movement respectively. Malaysia welcomed the end of the long-standing conflict between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam, and congratulated the people and Government of Sri Lanka for their perseverance and courage. The Government of Sri Lanka now needed to take the necessary measures to start the healing process by working towards finding a fair and comprehensive political solution which would contribute to lasting peace and stability in the country.

Malaysia viewed the Sri Lankan campaign against terrorism to be an internal, domestic issue and believed that Sri Lanka should be accorded the necessary time and space to deal with its own challenges in the manner which it deemed best. The efforts and resources of the Council should be directed at enhancing and deepening the partnership with Sri Lanka, particularly in the areas of humanitarian relief and assistance. Malaysia had made a modest financial contribution to the humanitarian situation facing the country by dispatching two teams of medial aid workers which were deployed to assist in the internally displaced persons camps in Vavuniya.

PETER GOODERHAM (United Kingdom) said that since January this year, many thousands of civilians had been killed in the intense conflict in northern Sri Lanka. Such loss of life and the ongoing suffering of civilians displaced by the conflict demanded the attention of the Council. The United Kingdom condemned terrorism in all its forms. The Liberation Tigers of Tamil Eelam was a proscribed organisation in the United Kingdom. Its use of human shields had been abhorrent. At the same time, the Sri Lankan Government had a duty under international humanitarian law to prevent civilian casualties and to protect the human rights of all. The United Kingdom welcomed the recent end of fighting but was deeply concerned that the suffering of many civilians continued. It was vital that violations of human rights and international humanitarian law were investigated.

The United Kingdom expressed deep concern about the fate of the large number of civilians that had been displaced by the conflict. Reports of conditions inside the camps were troubling. Adherence to the rule of law and the promotion and protection of a free press were essential foundations for a fair and just society. Progress on police reform, disarmament of militias, prevention of abductions, enforced disappearances and anti-corruption measures were all urgently needed. The United Kingdom further welcomed the commitment of Sri Lanka’s President to address the aspirations and grievances of all communities and to work towards a lasting political solution.

ERLINDA F. BASILIO (Philippines) said in recent days, the world had witnessed the conclusion of a long and taxing conflict which had wrought immeasurable damage and suffering on the people and Government of Sri Lanka for decades. At this crucial time of post-conflict reconstruction, rehabilitation and national reconciliation, Sri Lanka needed the support of the international community to reinforce its efforts aimed at addressing the humanitarian needs. In this context, the Philippines shared the doubts of others over the efficacy and timing of this Special Session. Dialogue and cooperation must imbue all the work of the Council, including the convening of the Special Sessions. This was the only way the Council could remain on solid ground.

The Government of Sri Lanka was continuing its efforts and cooperation with the United Nations Children’s Fund to rehabilitate and reintegrate former child soldiers. The National Framework for the Integration of Ex-Combatants into Civilian Life, which the Government was formulating with the assistance of the United Nations and other international organizations, would significantly contribute to post-conflict stability and development.

SEBASTIAN ROSALES (Argentina) said that Argentina had co-sponsored the request for this Special Session. Argentina attached great importance to the idea of the main UN human rights body to be capable of responding to urgent human rights situations. Sri Lanka had now entered a new post-conflict era where it had to face challenges. Many persons had very much suffered from the armed conflict. It was important to seek as quickly as possible a political solution. The Human Rights Council had to promote international collaboration. There were currently two draft resolutions and Argentina hoped that both could be merged into a single consensual document.

DIAN TRIANSYAH DJANI (Indonesia) aligned itself with the statements made by Cuba and Pakistan on behalf of the Non-Aligned Movement and the Organization of the Islamic Conference respectively. The Special Session on Sri Lanka left many, including Indonesia’s delegation, questioning the timing of such a session, noting that the regular session of the Council was starting in a week, and wondering what message it would bring. Nevertheless, one should not lose focus on what was really needed in this Special Session, which was to assist the people of Sri Lanka in time of need. The international community should ensure that the promotion and protection of human rights was well taken care of in the process of strengthening unity and long-lasting peace.

As a sovereign country, Sri Lanka was a multi-party democracy with an elected Government and President discharging their legitimate responsibility to govern the country as mandated by the people. The Sir Lankan Government had proven to the international community that it was committed to resolving the country’s internal challenges in a peaceful manner. Sri Lanka was committed to a political solution and had engaged the international community, not only in providing updates on recent developments but also by concretely engaging with United Nations bodies and various humanitarian organizations in providing humanitarian assistance to the affected parties in the internal conflict as shown by its cooperation with the United Nations Under-Secretary for Humanitarian Affairs and of the Representative of the United Nations Secretary-General on the human rights of internally displaced persons, and the recent invitation extended to the Secretary-General of the United Nations.

ANDREJ LOGAR (Slovenia) said that although the decades long war between the Sri Lankan Government and the Liberation Tigers of Tamil Eelam (LTTE) was now over, the tremendous result of the conflict and the widespread atrocities against the civilian population of Sri Lanka remained a serious concern. Slovenia, deeply concerned about the grave human rights and humanitarian situation in Sri Lanka, had firmly supported the convening of this Special Session. Slovenia was especially concerned about the situation of the internally displaced persons and individuals the Government might suspect of being members of the LTTE.

Nearly 300,000 civilians, including entire families, were detained in the Government’s closed camps in conditions that did not adhere to internationally agreed standards. The monsoon season had arrived and the overcrowding and lack of sufficient sanitation and hygiene facilities could cause serious health problems. For the future of Sri Lanka it was important to assure to the Tamil minority that in the post–conflict Sri Lanka they would enjoy equal rights as other citizens. Further, during the armed conflict, threats against journalists and human rights defenders who had reported critically on the Government’s conduct of the war or its treatment of civilians had been a usual practice. The time to stop all forms of harassment, intimidation and threats had come. Slovenia expected the Council to propose the creation of an international commission of inquiry to investigate the violations of international human rights in Sri Lanka and to make recommendations for the improvement of the present situation.

SHINICHI KITAJIMA (Japan) expressed its deepest condolences for the unfortunate loss of many precious lives over the twenty-five years of civil war in Sri Lanka. Japan deplored such loss and sympathized with the great sufferings of the people. In order to realize the national reconciliation essential for post-war rehabilitation, reconstruction and nation building, it was imperative that the Sri Lankan Government took swift and concrete action in keeping with its commitment to the protection of and respect for human rights and to humanitarian principles.

There were many issues that required a quick response to ensure rapid and steady progress in the political process towards national reconciliation, including following proper legal procedures in dealing with the Liberation Tigers of Tamil Eelam personnel who had laid down their arms and surrendered and implementing measures for assistance and resettlement of the large number of internally displaced persons. The assistance and cooperation of the international community would be indispensable to Sri Lanka’s rehabilitation and reconstruction process. In the past, Japan had taken part in efforts to benefit the Sri Lankan people, including providing post-tsunami reconstruction assistance and reconstruction assistance to the northern and eastern areas. Japan intended, as a friend of Sri Lanka, to continue to assist with efforts aimed at rapid and steady progress in the political process toward national reconciliation.

JEAN-BAPTISTE MATTEI (France) said that France had supported the calling of this Special Session because thousands of people were in an appalling situation. The end of the conflict had not changed the plight of all the displaced people. The massive population displacement at the end of the conflict had exacerbated the situation. It was vital that the Government gave access to humanitarian organizations. Particular attention needed to be paid to child soldiers and their reintegration into society. France welcomed the will expressed by the Sri Lankan President to fully collaborate with the United Nations Children's Fund on this matter. The defeat of the Liberation Tigers of Tamil Eelam (LTTE) was good news. Since the start of the Government’s actions, the LTTE had used civilians as human shields. As mentioned by the United Nations anti-terrorist strategy, the fight against terrorism should be conducted in the full respect of human rights and international humanitarian law. This Special Session was particularly important for the civil population and internally displaced persons. It was important that the Government ensured that this military victory became a tangible and lasting political success.

MABEL GOMEZ OLIVER (Mexico) thanked the High Commissioner for her message, the Special Procedures for their statement, and also thanked the Minister of Sri Lanka for his participation. Mexico had joined others in the call for this Special Session because it was convinced of the primary responsibility of the Human Rights Council to act where the human rights of civilian populations were in danger. Mexico welcomed the cessation of hostilities in the northern region of the country, but condemned the serious loss of life, in particular the attacks committed by the Liberation Tigers of Tamil Eelam against the civilian population. The Sri Lankan Government’s measures taken to strengthen human rights protections in the field were encouraged.

It was recalled that to be effective in fighting terrorism there needed to be a link between the full respect for human rights and fundamental freedoms. It was hoped that internally displaced persons would be given the necessary guarantees to return to their homes safely and for their reintegration into society, and that respect should be guaranteed for these people in accordance with the United Nations guidelines. Also welcomed were the results of the recent visit by the Secretary-General of the United Nations. Mexico appreciated the positive efforts of openness and cooperation by the Government of Sri Lanka with the Human Rights Council mechanisms. It was hoped that this Special Session would end in consensus to ensure that the promotion and protection of the people of Sri Lanka would be upheld.

MERCY YVONNE AMOAH (Ghana) recalled that the institution-building test of the Council called for a Special Session to be, among others, result-oriented and geared towards achieving practical outcomes. They thus hoped that this session would focus on assistance to the Government and people of that country to rebuild their country and to strengthen their capacity to address their human rights and other challenges with a view to achieving sustainable peace.

Ghana also welcomed the end of the 25-year long war in Sri Lanka. The victory by the Government had to be seen as a victory in combating the use of terrorist acts to achieve one’s aims. Ghana also condemned the attacks that had been launched by the Liberation Tigers of Tamil Eelam on the civilian population and its practice of using human shields and urged the Government to work to ensure that those on both sides who had perpetrated violations of human rights and international humanitarian law were brought to justice. Ghana applauded the many measures that had already been initiated by the Sri Lankan Government to alleviate the suffering of the internally displaced persons. They also welcomed the Government’s commitment to now focus on issues of relief, rehabilitation, resettlements and reconciliation. The international community was called to assist the Government in its post-war reconstruction efforts.

PASQUALE D'AVINO (Italy) aligned itself with the statement delivered by the Czech Republic on behalf of the European Union, and welcomed the convening of this Special Session to deal with the human rights situation in Sri Lanka. Italy expressed its deep concern at the recent escalation of the military conflict in the north of the country, and was particularly struck by the loss of innocent lives among civilians caught in the conflict, including women and children, and strongly condemned the use of civilians as human shields by the Liberation Tigers of Tamil Eelam. Today, Italy welcomed the end of hostilities; however, the situation on the ground still raised a number of concerns that justified the specific attention devoted to it by the Council.

Italy called on the Government of Sri Lanka to cooperate with the international community, including international and regional organizations, non-governmental organizations and civil society, in order to guarantee and facilitate humanitarian assistance to the victims of the conflict, with particular regard to internally displaced persons. Italy acknowledged the measures taken by the Government of Sri Lanka and the commitment it expressed to this end in the joint statement issued upon the conclusion of the visit of the United Nations Secretary-General to the country. The first step should be to cast light on human rights and humanitarian violations, with special attention to those perpetrated against civilians and vulnerable groups, women and children.

CARLOS ROBELO (Nicaragua) said that Nicaragua endorsed the statement of the Non-Aligned Movement, which represented the majority of the States of the Council. Nicaragua had joined the call for this Special Session but regretted that the process had not been transparent and had been unbalanced. These were unhealthy attitudes for the Council. It seemed that the Council had not learnt the lessons from the past. Today, they wanted to offer all their support to the Government and people of Sri Lanka, so that they could start the reconciliation and rebuilding process. Nicaragua supported draft resolution L.1. The Council should be an instrument of collaboration and dialogue.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said the presence of the Minister from Sri Lanka demonstrated the Government’s commitment to cooperate with the Council. Saudi Arabia aligned itself with the statements made by Cuba and Pakistan on behalf of the Non-Aligned Movement and the Organization of the Islamic Conference respectively. The end of hostilities and the measures towards lasting peace were welcomed. Saudi Arabia commended the visit of the Secretary-General of the United Nations to Sri Lanka and welcomed the joint statement between the United Nations and the Government with respect to internally displaced persons. Saudi Arabia encouraged Sri Lanka to continue its cooperation with the Council and to seek a solution to the issue of internally displaced persons. Sri Lanka was wished every success in its aim to continue to promote and protect human rights in the country towards national reconciliation and a lasting peace.

GLAUDINE J. MTSHALI (South Africa) said that South Africa wished to thank all delegations that had been constructively engaged in brokering a consensus outcome for this Special Session and remained hopeful that consensus might be achieved. South Africa was encouraged by the commitment and efforts of the Government of Sri Lanka to put in place expeditiously its plan aimed at resettling internally displaced persons. South Africa appealed to the international community to assist and support the Sri Lankan Government in its reconstruction efforts.


Further, the Human Rights Council had been envisioned as a rule-based and fair multilateral organization. This vision however was rapidly being eroded by double-standards and inconsistencies that were damaging the integrity of the Council.