New York/London/Brussels | 14 Oct 2010
In a joint letter, the International Crisis Group, Human Rights Watch and Amnesty International have declined the invitation of Sri Lanka's Lessons Learnt and Reconciliation Commission (LLRC) to appear before it. The Sri Lankan government is promoting the Commission as an independent mechanism for reconciliation and restorative justice after its decades-long civil war with the Liberation Tigers of Tamil Eelam (LTTE), yet the Commission fails to meet basic standards and is fatally flawed in structure and practice.
Critically, there is no requirement that the Commission investigate the many credible allegations that both the government security forces and the LTTE committed war crimes during the final months of conflict last year, as detailed in Crisis Group's May 2010 report War Crimes in Sri Lanka.
In its two months of hearings to date, the Commission's members, many of them retired senior government employees, have made no attempt to question the government's version of events and have instead offered current officials a platform for continued misrepresentations of the facts.
These failings are reinforced by the absence of any provisions for the protection of witnesses to alleged crimes - a particularly crippling factor given that government officials have labeled as "traitors" Sri Lankans who have made claims or provided evidence of violations of international humanitarian law by government forces.
Appearing before Sri Lanka's LLRC under current circumstances could put witnesses at risk and lend legitimacy to a process that is neither a credible investigation nor an adequate or genuine process to address the decades of violence that Sri Lankans from all regions and communities have suffered. The growing authoritarianism of the government since the end of the war - exhibited most recently by the removal of presidential term limits and any remaining independence of commissions on human rights, police and elections - would make it difficult for even the best-intentioned commission of inquiry to make a meaningful contribution to political reconciliation or accountability now.
Crisis Group continues to call for an independent international inquiry as the only credible means to examine allegations of war crimes by government forces and the LTTE and urges the government of Sri Lanka to cooperate fully with the panel of experts appointed to advise the United Nations Secretary-General on issues of post-war accountability in Sri Lanka.