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Ban Ki-Moon Must Institute War Crimes Panel Despite Sri Lanka’s Objections

March 10, 2010

Last week, you informed Sri Lanka President Mahinda Rajapaksa of the UN’s plan to create a panel of experts to investigate allegations of human rights abuses. Rajapaksa rejected this plan, responding that this panel is "totally uncalled for and unwarranted," claiming that Sri Lanka will take "necessary and appropriate action" instead—something the government has failed to do for the past ten months.

On Thursday, UN High Commissioner for Human Rights Navi Pillay stated: "I am convinced that Sri Lanka should undertake a full reckoning of the grave violations committed by all sides during the war, and that the international community can be helpful in this regard." The recent authentication of extrajudicial executions and hearings from an independent tribunal in Dublin provided evidence of war and post-war abuses. Although various human rights organizations around the world have consistently called for inquiries into crimes, Sri Lanka ignores these requests and maintains that it committed no human rights and international law violations or war crimes.

Furthermore, Tamils are still being unlawfully detained by the government, whose forces continue to abuse these civilians, especially the women. This week, the world observed International Women's Day by protesting violence against women, including Sri Lanka's systematic rape of Tamil women. US Secretary of State Hillary Clinton previously told the UN Security Council: "We’ve seen rape used as a tactic of war before in Bosnia, Burma, Sri Lanka, and elsewhere. In too many countries and in too many cases, the perpetrators of this violence are not punished, and so this impunity encourages further attacks."

You have the power to investigate crimes committed by all UN member states such as Sri Lanka and it is imperative that you act on this immediately. Sri Lanka’s repressive bans on media and NGO access have given it ample time to destroy incriminating material evidence. The lack of attention given to the topic of reconciliation during the recent elections illustrates that Sri Lanka’s president is clearly more concerned with his own political success than with achieving justice for his country’s citizens.

Sri Lanka's Tamils will suffer at the hands of the government and military until Sri Lanka's perpetrators are held accountable. The only way to ensure the deliverance of justice is for the UN to continue with its plans and institute the war crimes probe. Please move forward with you original plan to investigate Sri Lanka’s abuses against tens of thousands of innocent Tamils.