Council may have been acting on incomplete information when it passed its May 2009 resolution on Sri Lanka.
Recommendations
In this context, the Panel recommends the following measures, which it hopes, as a whole, will serve as the framework for an ongoing and constructive engagement between the Secretary-General and the Government of Sri Lanka on accountability. They address the various dimensions of accountability that the Panel considers essential and which will require complementary action by the Government of Sri Lanka, the United Nations and other parties.
Recommendation 1: Investigations
- A. In light of the allegations found credible by the Panel, the Government of Sri Lanka, in compliance with its international obligations and with a view to initiating an effective domestic accountability process, should immediately commence genuine investigations into these and other alleged violations of international humanitarian and human rights law committed by both sides involved in the armed conflict.
- B. The Secretary-General should immediately proceed to establish an independent international mechanism, whose mandate should include the following concurrent functions:
- (i) Monitor and assess the extent to which the Government of Sri Lanka is carrying out an effective domestic accountability process, including genuine investigations of the alleged violations, and periodically advise the Secretary-General on its findings;
- (ii) Conduct investigations independently into the alleged violations, having regard to genuine and effective domestic investigations; and
- (iii)Collect and safeguard for appropriate future use information provided to it, which is relevant to accountability for the final stages of the war, including the information gathered by the Panel and other bodies in the United Nations system.
Recommendation 2: Other immediate measures to advance accountability
- A. The Government of Sri Lanka should implement the following short-term measures, with a focus on acknowledging the rights and dignity of all of the victims and survivors in the Vanni:
- (i) End all violence by the State, its organs and all paramilitary and other groups acting as surrogates of, or tolerated by, the State;
- (ii) Facilitate the recovery and return of human remains to their families and allow for the performance of cultural rites for the dead;
- (iii)Provide death certificates for the dead and missing, expeditiously and respectfully,without charge, when requested by family members, without compromising the right to further investigation and civil claims;
- (iv) Provide or facilitate psychosocial support for all survivors, respecting their cultural values and traditional practices;
- (v) Release all displaced persons and facilitate their return to their former homes or provide for resettlement, according to their wishes; and
- (vi) Continue to provide interim relief to assist the return of all survivors to normal life.
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