[Congressional Record Volume 161, Number 148 (Thursday, October 8, 2015)]
[Senate]
[Page S7262]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  JUSTICE FOR WAR CRIMES IN SRI LANKA

  Mr. LEAHY. Mr. President, earlier this week the distinguished ranking 
member of the Foreign Relations Committee, Senator Cardin, spoke about 
the opportunity for the United States and Sri Lanka to expand economic 
and security cooperation and the need for accountability for war crimes 
and reconciliation between ethnic and religious factions in that 
country. I want to join him in expressing support for the aspirations 
of the Sri Lankan people for reconciliation, justice, and equitable 
economic development.
  Last week the United Nations Human Rights Council adopted a 
resolution which, if faithfully implemented, could be the basis for a 
meaningful and long overdue international role in Sri Lanka to hold 
accountable those involved in war crimes and crimes against humanity 
during that country's brutal civil war.
  After so many false starts, so many investigations and reports that 
documented widespread atrocities by both sides in the conflict, 
including rape, arbitrary detention, torture, the use of child 
soldiers, summary executions, shelling of civilians, and forced 
disappearances were ignored; and after recommendations to bring those 
responsible to justice were ignored, the U.N. resolution affirms that 
the Sri Lankan Government needs to put in place a judicial mechanism 
with international participation.
  The resolution refers to the recent report by the U.N. Office of the 
High Commissioner for Human Rights, which documented horrific abuses by 
the Sri Lankan Armed Forces and LTTE rebels and the government's 
failure over decades to punish those responsible. Among the report's 
key recommendations is the establishment of a special court 
``integrating international judges, prosecutors, lawyers and 
investigators'' with an independent Sri Lankan investigative and 
prosecuting body. No other mechanism would have the credibility and 
independence to deliver real justice.
  Let me repeat that because it is so important: No other mechanism 
would have the credibility and independence to deliver real justice. 
The refusal of past Sri Lankan Governments to accept this premise and 
to recognize that no one, including the armed forces, is above the law, 
is why so far no one has been held accountable.
  To its credit, President Maithrapala Sirisena's government 
cosponsored the resolution, which was presented initially to the U.N. 
Human Rights Council by the United States, United Kingdom, Montenegro, 
and Macedonia. The resolution, regarding a ``credible judicial 
process,'' ``affirms the importance of participation in a Sri Lankan 
judicial mechanism, including the Special Counsel's office, of 
Commonwealth and other foreign judges, defense lawyers, and authorized 
prosecutors and investigators.'' Having cosponsored the resolution, the 
government should establish without delay a special tribunal that 
brings together international investigators, prosecutors, and judges 
with Sri Lankan counterparts who are protected from outside pressure 
and intimidation, as well as a program to protect witnesses. The United 
States could provide assistance for such an effort.
  The government will also need to ensure that violations of 
international law, including war crimes, disappearances, torture, and 
the concept of command responsibility, are incorporated into Sri Lankan 
law, so that charges brought reflect the severity of the crimes and 
target those most responsible.
  I have spoken previously about President Sirisena's initial 
accomplishments, including the adoption of the 19th Amendment to the 
constitution, which curtails the extensive powers enjoyed by the 
Executive and vests more power in the parliament, limits the 
Presidential term to 5 years instead of 6, and allows the President to 
hold office only for two terms instead of an unlimited number of terms.
  Unlike the previous government, which persecuted its critics and 
locked up after sham trials journalists who exposed corruption, 
President Sirisena has taken steps to reaffirm freedom of the press. 
Under the previous government, Sri Lanka's judicial system was 
politicized and corrupted. The new government is taking steps to 
reestablish the independence of the judiciary, which is fundamental to 
any democracy. And, as has been reported, the Government of Sri Lanka 
has accepted many recommendations to improve the human rights 
situation, including a repeal of the draconian Prevention of Terrorism 
Act and reforms to the Witness and Victim Protection Law, both long 
called for by victims' rights groups. The government has agreed to 
accelerate the return of lands confiscated by the security forces; to 
end the military's involvement in civilian activities in the country's 
north and east; to investigate allegations of attacks on civil society, 
the media, and religious minorities; and to work toward devolution of 
authority from Colombo, consistent with the 13th amendment to the 
constitution.
  President Sirisena has sought to erase the worst excesses and abuses 
of his predecessor and put his country on a path to reconciliation and 
prosperity. For this he deserves our support. The sooner the government 
makes good on these commitments, the better, as the Sri Lankan people 
have waited a very long time for a government that is serious about 
reconciliation, which means addressing the ethnic, religious, social, 
economic, and political divisions and inequalities that were at the 
root of the conflict.
  The U.N. resolution is far from perfect. It has been pointed out that 
it lacks adequate provisions for international oversight of 
implementation of its terms. The resolution only calls for an oral 
update from the High Commissioner in June 2016 and a written 
implementation report in March 2017. The United States should not wait 
until next June to report to Congress on the government's progress in 
complying with the terms of the resolution. Despite its shortcomings, 
the U.N. resolution points the way forward. A great deal of work lies 
ahead. More than 6 years have passed since the war ended. Physical 
evidence has been lost or destroyed, people's memories fade, and 
witnesses die. But the Sri Lankan people, and particularly those who 
suffered grievous losses in the war, should take solace from the fact 
that the international community has not forgotten them and that their 
own government may be ready to take the necessary steps to restore 
accountability and the rule of law to Sri Lanka.

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