The Honourable Tony Abbott, MP
Prime Minister
Parliament House
CANBERRA ACT 2600
24 March 2014
Australia Ought Support US-Sponsored UN Resolution on Promoting Reconciliation,
Accountability, and Human Rights in Sri Lanka
Dear Prime Minister,
We, the under-signed, call on the Australian government to support establishing an international
inquiry mechanism and additional measures to promote reconciliation, as proposed in the US/UKled resolution on Sri Lanka tabled at the current 25th session of the UN Human Rights Council
(UNHRC).
Since the end of Sri Lanka’s brutal armed conflict in 2009, there has been no truth, justice or
accountability for the grave violations of international humanitarian and human rights law
committed during the war. As many as 40,000 civilians died in the final months of the fighting
alone, with many more still unaccounted for. In addition, the evidence that war crimes and crimes
against humanity were committed continues to mount.
In February 2014, Australia’s own Public Interest Advocacy Centre’s International Crimes Evidence
Project (ICEP) released a report detailing systematic human rights violations perpetrated during
the conflict. “The ICEP investigation reveals some of the gravest crimes under international
humanitarian law and demands accountability,” said John Ralston, Chair of ICEP’s Committee
of Experts.
The UNHRC has adopted two previous resolutions on Sri Lanka, in 2012 and 2013, both supported
by Australia. These resolutions expressed serious concern over the lack of progress being made on
accountability and reconciliation. Yet still, by 2014, the Government had failed, in the words of the
UN High Commissioner for Human Rights, Ms Navi Pillay, “to ensure independent and credible
investigations into past violations of international human rights and humanitarian law”.
Meanwhile the human rights situation on the island deteriorates. A culture of impunity encourages
commonplace torture, enforced disappearances and sexual violence. According to Ms Pillay, Sri
Lanka is “heading in an increasingly authoritarian direction”.
However, rather than engage constructively on these most serious issues, the Government of Sri
Lanka dismisses the concerns raised by the international community and denounces all those who
criticise their policies. The report presented to the 25th Session of the UNHRC by the UN High
Commissioner for Human Rights was rejected in its entirety by the government, which deemed
it "arbitrary, intrusive and of a political nature”.
In light of these circumstances, Ms Pillay is unequivocal when she “recommends the establishment of
an independent, international inquiry mechanism, which would contribute to establishing the truth
where domestic inquiry mechanisms have failed.” Her call has been echoed by governments,
parliaments, political parties, eminent NGOs and many others, and is reflected in the present
US/UK-sponsored resolution at the UNHRC, which requests the Office of the High Commissioner for
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Human Rights to investigate alleged violations and abuses of human rights and related crimes by
both parties in Sri Lanka.
Australia has the opportunity to express its concern over the situation in Sri Lanka and to show its
solidarity with our major allies and other UNHRC members - as it did in 2012 and 2013 - by cosponsoring the present resolution. We are pleased that a Senate motion successfully adopted last
month called on the Australian Government to support an international investigation. This motion
is supported not just by Australian parliamentarians, but by many NGOs, civil society groups and
individuals across this nation.
This resolution is of real relevance to all citizens of Sri Lanka. Any credible investigation into
violations committed by both sides would provide all Sri Lankan communities the space and
environment to come to terms with crimes committed in their respective names. The Australian
Government must support this resolution, as without meaningful truth, justice and accountability
for the alleged crimes committed during the war, there will be no genuine opportunity to set Sri
Lanka on the path to reconciliation and lasting peace.
We urge our government to support and co-sponsor the resolution proposed by the US and UK,
which calls for an international investigation under the auspices of the UN High Commissioner for
Human Rights, together with additional measures to promote accountability, democratic
governance, political resolution and reconciliation in a peaceful and united Sri Lanka.
Sincerely,
Hon John Dowd AO QC,
Chancellor, Southern Cross University, NSW, Former NSW Attorney General.
Hon Gareth Evans AC QC,
Former Foreign Minister of Australia, Chancellor of the Australian National University, President
Emeritus of the International Crisis Group
Hon Malcolm Fraser,
Former Prime Minister of Australia
Owen Harries
Former Australian Ambassador to UNESCO, Visiting Fellow at the Lowy Institute for International
Policy, Editor Emeritus - The National Interest (Washington)
Geoffrey Robertson QC
Master of the Bench, Middle Temple, and author
Gordon Weiss
Adjunct Professor at Griffith University, Founding advisor and consultant expert to the International
Crimes Evidence Project, Former UN spokesperson, and author
CC: The Honourable Julie Bishop, MP
Foreign Minister
Parliament House
CANBERRA ACT 2600
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