UNHRC Commissioner Michelle Bachelet expressed regrets that the new Government of Sri Lanka has announced a very different approach to the commitments previously made in the resolution which risks setting back efforts to advance reconciliation, accountability and human rights.
Addressing the council session, she said, "The State must work for all its people and the needs of all communities, particularly the minorities, must be acknowledged and addressed. I urge the Government to preserve and build upon the gains which have been made over the last few years. In particular, I encourage the Government to ensure the Office on Missing Persons and the Office of Reparations are provided with political and resource support. The families of missing persons from all communities deserve justice and redress.
Sri Lanka’s independent institutions, strengthened under the 19th Constitutional Amendment, are a key pillar in its democratic structure. And the space for civil society and independent media should be protected. I am therefore troubled by the recent trend towards moving civilian functions under the Ministry of Defence or retired military officers, and renewed reports of surveillance and harassment of human rights defenders, journalists and victims. The increasing levels of hate speech, and security and policy measures appear to be discriminately and disproportionately directed against minorities, both Tamil and Muslim. The fundamental problem remains that Sri Lanka has still not addressed impunity for past violations, nor undertaken the security sector reforms needed to address their drivers and enablers. Systemic barriers that continue to exist within the criminal justice system remain an impediment to real justice. Domestic processes have consistently failed to deliver accountability in the past and I am not convinced the appointment of yet another Commission of Inquiry will advance this agenda. As a result, victims remain denied justice and Sri Lankans from all communities have no guarantee that past patterns of human rights violations will not recur.
I urge the Council to remain alert to this situation in terms of prevention and to explore all possible avenues for advancing accountability."
