HRC's regrettable failure to take action

SRI LANKA: Following Human Rights Council's regrettable failure to take action for accountability, alternative mechanisms may and must be activated for an international commission of inquiry

Paris, Geneva, May 28th 2009 - The International Federation for Human Rights (FIDH) deeply regrets the resolution adopted yesterday by the Human Rights Council which failed to establish any mechanism to investigate into grave human rights violations committed by all parties to the conflict in Sri Lanka. An independent commission of inquiry may and must however immediately be set-up through alternative means.

The resolution adopted by a roll call vote at the UN Human Rights Council in response to the human rights and humanitarian crisis in Sri Lanka, while legitimately condemning the LTTE's crimes, failed to condemn the government of Sri Lanka's responsibilities in recent war crimes, alleged crimes against humanity and ongoing grave human rights violations. It has further ignored all the calls for an international commission of inquiry.

«The resolution is a fundamentally partial and politicised response to a human rights and humanitarian crisis», said Souhayr Belhassen, President of FIDH.

The text was drafted by the government of Sri Lanka and promoted by Cuba, in a move to reaffirm the « sovereignty » of Sri Lanka on the response to bring to the crisis and to laud the « efforts » undertaken by the government in this respect.

According to FIDH, such decision is a terrible blow to independent voices and moral authorities, such as the UN high Commissioner for human rights and all UN Special Rapporteurs who had been calling for an independent commission of inquiry into the crisis.

«An international and independent investigation must nevertheless be deployed through existing alternative means. We call on the Government of Sri Lanka to enable it.» she added.

Failure to investigate independently the crimes perpetrated by all parties would sign a blank cheque for impunity and the perpetration of further international crimes. FIDH calls on all existing mechanisms and concerned States to mobilize for an international commission of inquiry to take place.

The resolution was adopted by a roll call vote:

29 in favour : Angola, Azerbaijan, Bahrain, Bangladesh, Bolivia, Brazil, Burkina Faso, Cameroon, China, Cuba, Djibouti, Egypt, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Uruguay, Zambia

12 against: Bosnia and Herzegovina, Canada, Chile, France, Germany, Italy, Mexico, Netherlands, Slovakia, Slovenia, Switzerland, UK

6 abstentions : Argentina, Japan, Gabon, Mauritius, Republic of Korea, Ukraine

Proposals to reinforce the value of the text were rejected through a « motion of no-action », a procedural action to block their consideration adopted with the following support.

22 in favour : Angola, Bahrain, Bangladesh, Bolivia, Burkina Faso, Cameroon, China, Cuba, Djibouti, Egypt, Ghana, India, Indonesia, Madagascar, Malaysia, Nicaragua, Pakistan, Philippines, Qatar, Russian Federation, Saudi arabia, South Africa

15 against : Argentina, Bosnia, Canada, Chile, Germany, France, Italy, Mauritius, Mexico, Netherlands, Rep. of Korea, Slovakia, Slovenia, UK, Uruguay

7 abstentions : Azerbaijan, Brazil, Gabon, Nigeria, Senegal, Ukraine, Zambia

Press Contact : Julie Gromellon, Representative to the UN, +41 22 700 12 88

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

ENDS

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