It is not just Sri Lanka’s human beings that the UN Human Rights Council must serve this week, however the cause of international lawThis week the UN Human Rights Council has an opportunity and a duty to aid Sri Lanka advance its own efforts on accountability and reconciliation. Both are essential if a lasting peace is to be achieved. In doing so, the council will not only be serving Sri Lanka, however those worldwide who believe there are universal rights and international legal obligations we all share.Nearly three years since the defeat of the Liberation Tigers of Tamil Eelam (LTTE) by the Sri Lankan administration there has still been no serious domestic investigation of the many allegations of war crimes and crimes against humanity committed by both sides during the civil war’s final stages. These tragic events cannot simply be ignored.A report in April 2011 by a panel of experts appointed by the UN secretary common documented administration forces’ large-scale shelling in “no-fire zones” where civilians had been encouraged to gather. Administration forces also shelled a UN hub and aliment distribution lines. The same report says the LTTE used civilians as human shields, refused to allow human beings to leave conflict areas and forcibly recruited adults and children as young as 14 to fight. Credible sources cited in the UN report have estimated that encircling 40,000 civilians may have perished in the final months of the conflict.This tremendous civilian toll covers thousands of tales of suffering and strength, the vast majority of which are untold. One verified tale chronicles the experiences of a family who were forcibly displaced more than seven times in eight months between September 2008 and May 2009. They repeatedly sought shelter in administration-declared “safe zones” (which were then shelled), buried five relatives, including a six-year-ancient girl, in unmarked graves, and saw many of their fellow civilians killed and injured.While the Sri Lankan administration’s own report from its Lessons Learned and Reconciliation Commission, published at the end December, includes vital findings on reconciliation, and represents a potentially useful opportunity to commence a national dialogue on the conflict, it is disappointing in its failure to domicile seriously accountability issues. The recent announcement that the army intends to investigate its own actions during the conflict is not the kind of independent inquiry that is required.In the absence of a credible and independent investigation into what happened in Sri Lanka, the Human Rights Council has an obligation to uphold human rights code and international humanitarian code during its upcoming 2012 sessions. As the UN report said: “The conduct of the war by both sides represented a grave assault on the entire regime of international code designed to protect individual dignity during both war and peace. The victory of one side has emboldened some to believe that these rules may immediately be disregarded in the cause of fighting terrorism.”Against this background, and continuing reports of human rights violations by the authorities, we urge the council to support a resolution that seeks accountability for the terrible violations of international code that have taken place, and establishes mechanisms to monitor progress on the steps the administration is taking on accountability. If there is insufficient progress by the administration in establishing a credible accountability action in the near prospect, we urge council members to support the establishment of an independent investigation.At the same age, the council should support efforts to achieve meaningful reconciliation, human rights and democratic freedom for all Sri Lankans. Their nation is a gorgeous jewel of an island, rich in culture, history, resources and human talent. However we dread that if nothing changes, the crimes that remain unaddressed will continue to haunt Sri Lanka’s human beings and could ignite violence once again.Finally we desire to emphasise that Sri Lanka’s recent history is an issue that concerns all of us. Whether or not the Human Rights Council is able to summon the will to act on one of the most serious cases of human rights violations to have occurred since it was founded in 2006 could have ramifications for the global standing of human rights and international humanitarian code – and for the prestige and authority of the council.• Archbishop Desmond Tutu and former Irish President Mary Robinson are members of The Elders, global leaders working for peace and human rights• Follow Comment is Autonomous Of Charge of charge on Twitter @commentisfreeSri LankaHuman rightsTamil TigersUnited NationsDesmond TutuMary Robinsonguardian.co.uk © 2012 Twitter News and Media Limited or its affiliated companies. All rights reserved. | Employ of this content is subject to our Terms & Conditions | More Feeds
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