The resolution against Sri Lanka was passed by a majority of votes at 46th Regular Session of the United Nations Human Rights Commission(UNHRC) in Geneva, Switzerland.
It received 22 votes in favor and 11 votes against, while 14 countries abstained.
Bolivia, China, Pakistan, Bangladesh, Philippines, Russia, Uzbekistan, Cuba, Eritrea, Venezuela and Somalia voted against the resolution. France, Germany, England, Italy, Argentina, Austria, Bahamas, Armenia, Argentina, Brazil, Fiji, Bulgaria, Ivory Coast, Korea, Poland, Ukraine, Uruguay, Mexico, Malawi, Marshall Islands, Denmark and the Czech Republic voted in favor of the resolution, while India, Bahrain, Gabon, Senegal, Sudan, Togo, Indonesia, Libya, Japan, Namibia, Nepal, Cameroon, Burkina Faso and the Netherlands abstained from casting their votes.
When casting their vote, India expressed that India calls for early elections to activate the provincial councils and that the 13th Amendment to the Constitution should be implemented.
The initial resolution was submitted by 06 countries, this new resolution is referred to as a resolution by 42 countries. Albania, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malawi, Malta, Marshall Islands, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom of Great Britain and Northern Ireland and United States of America are the countries which have co-sponsored or additional co-sponsored to this resolution.
It was based on 16 terms;
-
Welcomes the oral update presented by the United Nations High Commissioner for Human Rights to the Human Rights Council at its forty-third session and the report of Office of the United Nations High Commission for Human Rights presented to the Council at its forty-sixth session;1
-
Also welcomes the engagement of the Government of Sri Lanka with the Office of the High Commissioner and the special procedures of the Human Rights Council, urges the continuation of such engagement and dialogue, and calls upon Sri Lanka to implement the recommendations made by the Office and to give due consideration to the recommendations made by the special procedures;
-
Acknowledges the progress made by the Office on Missing Persons and the Office for Reparations, and stresses the importance of maintaining support for these institutions, safeguarding their independent and effective functioning, providing both offices with sufficient resources and technical means to effectively fulfill their mandates, allowing them to proceed with interim relief measures for affected vulnerable families, with a gender focus, and resolving the many cases of enforced disappearances so that the families of disappeared persons can know their fate and whereabouts;
-
Stresses the importance of a comprehensive accountability process for all violations and abuses of human rights committed in Sri Lanka by all parties, including those abuses by the Liberation Tigers of Tamil Eelam, as highlighted in the comprehensive report of the Office of the High Commissioner on Sri Lanka;
-
Notes the persistent lack of accountability of domestic mechanisms, that the domestic commission of inquiry announced on 22 January 2021 lacks independence and that its mandate is to review reports of previous commissions and committees, and does not include a mandate to pursue accountability for past gross violations of human rights or for serious violations of international humanitarian law;
-
Recognizes the importance of preserving and analyzing evidence relating to violations and abuses of human rights and related crimes in Sri Lanka with a view to advancing accountability, and decides to strengthen in this regard the capacity of the Office of the High Commissioner to collect, consolidate, analyze and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings, including in Member States, with competent jurisdiction;
-
Expresses serious concern at the trends emerging over the past year, which represent a clear early warning sign of a deteriorating situation of human rights in Sri Lanka, including the accelerating militarization of civilian government functions; the erosion of the independence of the judiciary and key institutions responsible for the promotion and protection of human rights; ongoing impunity and political obstruction of accountability for crimes and human rights violations in “emblematic cases”; policies that adversely affect the right to freedom of religion or belief; increased marginalization of persons belonging to the Tamil and Muslim communities; surveillance and intimidation of civil society; restrictions on media freedom, and shrinking democratic space; restrictions on public memorialization of victims of war, including the destruction of a memorial; arbitrary detentions; alleged torture and other cruel, inhuman degrading treatment or punishment, and sexual and gender[1]based violence; and that these trends threaten to reverse the limited but important gains made in recent years, and risk the recurrence of policies and practices that gave rise to the grave violations of the past;
-
Expresses further concern that the response to the coronavirus disease (COVID-19) pandemic has had an impact on freedom of religion or belief and exacerbated the prevailing marginalization of and discrimination against the Muslim community, and that cremations for those deceased from COVID-19 have prevented Muslims and members of other religions from practicing their own burial religious rites, and has disproportionately affected religious minorities and exacerbated distress and tensions;
-
Calls upon the Government of Sri Lanka to ensure the prompt, thorough and impartial investigation and, if warranted, prosecution of all alleged crimes relating to human rights violations and serious violations of international humanitarian law, including for long[1]standing emblematic cases;
-
Also calls upon the Government of Sri Lanka to ensure the effective and independent functioning of the Human Rights Commission of Sri Lanka, the Office on Missing Persons and the Office for Reparations to deliver on their respective mandates as established;
-
Further calls upon the Government of Sri Lanka to protect civil society actors, including human rights defenders, to investigate any attacks and to ensure a safe and enabling environment in which civil society can operate free from hindrance, surveillance, insecurity and threat of reprisals;
-
Requests the Government of Sri Lanka to review the Prevention of Terrorism Act, and to ensure that any legislation on combating terrorism complies fully with the State’s international human rights and humanitarian law obligations; 13. Urges the Government of Sri Lanka to foster freedom of religion or belief and pluralism by promoting the ability of all religious communities to manifest their religion, and to contribute openly and on an equal footing to society;
-
Encourages the Government of Sri Lanka to continue to cooperate with the special procedures of the Human Rights Council, including by responding formally to outstanding requests from them;
-
Encourages the Office of the High Commissioner and relevant special procedure mandate holders to provide, in consultation with and with the concurrence of the Government of Sri Lanka, advice and technical assistance on implementing the above[1]mentioned steps;
-
Requests the Office of the High Commissioner to enhance its monitoring and reporting on the situation of human rights in Sri Lanka, including on progress in reconciliation and accountability, and to present an oral update to the Human Rights Council at its forty-eighth session, and a written update at its forty-ninth session and a comprehensive report that includes further options for advancing accountability at its fifty-first session, both to be discussed in the context of an interactive dialogue
