[Congressional Record Volume 161, Number 145 (Monday, October 5, 2015)]
[Senate]
[Pages S7120-S7121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               SRI LANKA

  Mr. CARDIN. Mr. President, I wish to address the situation in Sri 
Lanka, a country that has endured a brutal civil war and is working to 
address the difficult issues of accountability and reconciliation.
  Following the historic elections in January and August, Sri Lanka has 
a remarkable opportunity to economically integrate with the West and 
build security ties. This relationship has great potential that we all 
hope can be realized. But before we move forward on greater economic 
and security cooperation, Sri Lanka must finally resolve longstanding 
issues of accountability that have plagued the country since the end of 
the war and engage in a credible and legitimate effort to reconcile 
amongst all communities in the country: Sinhalese and Tamil, Muslim, 
Christian, Hindu, and Buddhist.
  Efforts by the last government to deal with war crimes allegations 
were a sham, according to the U.N., according to the U.S. Government, 
according to the victims and according to the current government in 
Colombo. Justice has been mostly nonexistent for scores across the 
country. Many Tamils do not trust the central government to administer 
a genuine and credible domestic mechanism to provide real 
accountability for crimes committed during the war. Many Sinhala 
mothers want to know what happened to their sons who served in the 
military. Many combatants and civilians remain unaccounted for, 
necessitating a comprehensive effort to identify all missing persons.
  On October 1, the U.N. Human Rights Council passed Resolution 25/1, 
which is focused on accountability and reconciliation in Sri Lanka. 
This resolution is not perfect, but if fully implemented, it provides 
the most promising path forward since the end of the war. The 
resolution leaves open the possibility for international judges and 
prosecutors in Sri Lanka's judicial mechanism to promote 
accountability. The current government has made clear that the 
international role will be limited to providing technical assistance 
and advice. As the U.S. works with Sri Lanka to implement the 
resolution, I urge our diplomats to push for the most robust 
international role in the accountability process. I also urge the Sri 
Lankan Government to continue to act in good faith to ensure that any 
accountability mechanism is seen as fair and just by all its citizens.
  The U.S. led an effort to pass a 2014 U.N. Human Rights Council 
resolution which mandated a report on war crimes allegations in Sri 
Lanka. Earlier this month, the Office of the High Commissioner for 
Human Rights released its report which documented ``a horrific level of 
violations and abuses'' committed between 2002 and 2011. Among the 
violations committed by Sri Lankan government forces, the separatist 
Tamil Tigers, LTTE, and pro-government paramilitaries included in the 
261-page report include enforced disappearances, extrajudicial 
killings, torture, denial of humanitarian assistance, sexual violence, 
indiscriminate shelling, and the recruitment of child soldiers.
  The report also recommended a series of measures that Sri Lanka 
should take to address these issues. For example the report recommends 
that the Government of Sri Lanka integrate international judges and 
prosecutors with an independent Sri Lankan investigative and 
prosecuting body to try those accused of war crimes, implement security 
sector reform, return land occupied by the military, strengthen witness 
protection programs, and establish a national reparations policy in 
consultation with victims and families.
  Foreign Minister Mangala Samaraweera spoke a few weeks ago at the 
30th session of the U.N. Human Rights Council in Geneva. His own very 
welcome recognition of the depth of the institutional challenges and of 
past failures is more than enough reason to insist on outside 
involvement, particularly in investigations and witness protection.
  Foreign Minister Samaraweera appears genuinely committed to 
reconciliation. He recently announced the government's support for a 
commission for truth, justice, reconciliation and nonrecurrence to help 
victims understand what happened and help them attain justice. He 
emphasized the government's commitment to an office on missing persons 
based on the principle of the families' right to know what happened to 
their loved ones. He announced the establishment of an office for 
reparations for victims. Most notably he acknowledged that any judicial 
mechanism for accountability will need to be designed through a wide 
process of consultations involving all stakeholders to include support 
from the international community.
  Sri Lanka and its supporters in the international community expect 
action, not more promises, on each of these fronts.
  The political will expressed by the government for a democratic 
future based on human rights and rule of law is something that should 
be acknowledged and welcomed by the U.S., international community, and 
all Sri Lankans. We have an obligation to support and foster this 
vision. As a friend, we also have an obligation to identify 
shortcomings as they arise throughout the process.
  Moving forward, the U.S. can take several concrete measures to 
support Sri Lanka's accountability process through the challenging days 
ahead.
  First, the U.S. should work to ensure that the commitments in the 
current UNHRC resolution are fully implemented. Following the passage 
of the resolution, the U.S. should push for the most robust 
international role in the accountability process, to include 
international judges and prosecutors.
  Second, the United States can support efforts to ensure witness 
protection inside of Sri Lanka. This could include the establishment of 
special security force for witness protection, developed in close 
coordination with leaders in the Tamil community.
  Third, the U.S. military should urge its counterparts in the Sri 
Lankan Armed Forces to play a constructive

[[Page S7121]]

role in the accountability process. I understand that there are many in 
the Sri Lankan military who seek to clear the military's name so that 
the institution can move forward. They should deliver on that 
commitment.
  Fourth, the U.S. should continue and expand programs that strengthen 
civil society voices in Sri Lanka. The country now has a parliament 
which is more disposed towards incorporating civil society into the 
policymaking process. These advocates will be critical moving forward 
on this as well as broader reconciliation efforts.
  Finally, the U.S. should make clear that any accountability process 
must include addressing violations committed by all sides in the 
conflict: LTTE, the Sri Lankan military, and pro-government 
paramilitary groups.
  The goal of accountability is not revenge. The goal is to conduct a 
process where all sides are provided a measure of justice that leads to 
durable reconciliation and a marked departure from armed conflict. The 
previous government's policies were a dangerous cocktail that were 
slowly sliding Sri Lanka back into ethnic and religious strife. Today, 
Sri Lanka's leaders have an important opportunity to move beyond this 
divisive past. They say they want it and they have a plan on paper. Now 
is the time to act. And I am prepared to support the efforts of 
President Sirisena, Prime Minister Wickramasinghe, Opposition Leader 
Sampanthan, and all Sri Lankans towards that end.
  The High Commissioner for Human Rights Prince Zeid Ra'ad Al Hussein 
said the credibility of the U.N. Human Rights Council is on the line in 
Sri Lanka. I agree and would say that the same goes for the United 
States. Our country has an important responsibility to finish the work 
of diplomats in recent years and promote the strongest accountability 
mechanism in Sri Lanka. Our credibility on human rights issues around 
the world is at stake and will be watched closely by human rights 
defenders and violators alike.

                          ____________________