A/HRC/RES/46/1
focus, and resolving the many cases of enforced disappearances so that the families of
disappeared persons can know their fate and whereabouts;
4.
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;2
5.
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;
6.
Recognizes the importance of preserving and analysing 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, analyse 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;
7.
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 the 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-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;
8.
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;
9.
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 longstanding emblematic cases;
10.
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;
11.
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;
2
A/HRC/30/61.
3