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Procedure : 2011/2684(RSP)
Forløb i plenarforsamlingen
Dokumentforløb : B7-0326/2011

Indgivne tekster :

B7-0326/2011

Forhandlinger :

PV 12/05/2011 - 16.1
CRE 12/05/2011 - 17.1

Afstemninger :

PV 12/05/2011 - 17.1

Vedtagne tekster :

P7_TA(2011)0242

MOTION FOR A RESOLUTION
PDF 117kDOC 68k
See also joint motion for a resolution RC-B7-0324/2011
10.5.2011
PE465.614v01-00
 
B7-0326/2011

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law

pursuant to Rule 122 of the Rules of Procedure


on Sri Lanka: follow up of the UN Report


Véronique De Keyser, Ana Gomes, Richard Howitt on behalf of the S&D Group
NB: This motion for a resolution is available in the original language only.

European Parliament resolution on Sri Lanka: follow up of the UN Report  
B7‑0326/2011

The European Parliament,

- having regard to its previous resolutions on Sri Lanka of 5 February 2009 and 22 October 2009 and on the deteriorating humanitarian situation in Sri Lanka of 12 March 2009,

 

- having regard to the declaration of 1 July 2010 of the High Representative Catherine Ashton on behalf of the European Union on the appointment of a UN Panel of Experts on Accountability Issues in Sri Lanka,

 

- having regard to the declaration of UN Secretary General Ban Ki-moon's spokesman Martin Nesirky of 26 April 2011 on the UN's inability to establish an international investigation mechanism without Sri Lankan consent or a decision from UN member states through an appropriate intergovernmental forum,

 

- having regard to Rule 122(5) of its Rules of Procedure,

 

A. whereas, in May 2009, the decades-long conflict between the Sri Lankan government and the separatist Liberation Tigers of Tamil Eelam (LTTE) in the north of the country came to an end with the total defeat of the latter,

 

B. whereas during the conflict both government forces and the LTTE have been violating humanitarian laws as well as the laws of war by displacing civilians and preventing them to escape to safety,

 

C. whereas the international community, in the final stages of the conflict, repeatedly has called on the Government of Sri Lanka to allow for international observers to enter the country in order to monitor the humanitarian situation of the civilian population affected by the fighting,

 

D. whereas the Sri Lankan government consistently blocked international and national humanitarian organisations as well as the media from access to the combat zones and refugee camps thus hampering independent reporting and documentation of the conflict,

 

E. whereas on 23 May 2009, during a visit of Ban Ki-moon to Sri Lanka shortly after the end of the war, President Mahinda Rajapaksa and Ban Ki-moon issued a joint statement in which the UN Secretary General underlined the importance of an accountability process and the Government of Sri Lanka agreed that it will take measures to address allegations of laws-of-war violations,

 

F. whereas the Sri Lankan government subsequently established the Lessons Learnt and Reconciliation Commission (LLRC) in order to address these issues, whereas this body was only empowered to hold hearings and not to conduct serious investigations,

 

G. whereas the LLRC failed to satisfy international standards of independence and impartiality due to its composition and deeply rooted conflicts of interest of some of its members,

 

H. whereas on 22 June 2010 UN Secretary General Ban Ki-moon appointed a Panel of Experts on Accountability in Sri Lanka which was immediately opposed by the Government of Sri Lanka calling it an unwarranted and unnecessary interference with a sovereign nation,

 

I. whereas on 12 April 2011 the Panel of Experts came to the conclusion that, if proven, both the government and the LTTE conducted military operations "with flagrant disregard for the protection, rights, welfare and live of civilians and failed to respect the norms of international law" during the final months of the 26-year long civil war, whereas the Government of Sri Lanka has rejected the panel's report as "illegal", "biased", baseless and unilateral",

 

J. whereas the panel also concluded that "Sri Lanka's efforts, nearly two years after the end of the war, fall dramatically short of international standards on accountability and fail to satisfy either the joint commitment of the President of Sri Lanka and the Secretary General, or Sri Lanka's legal duties",

 

K. whereas the Panel of Experts has recommended to the UN Secretary General to establish an independent international mechanism to investigate those crimes committed during the final stages of the conflict,

 

L. whereas on 26 April 2011 the UN Secretary General stated that he could not establish such a mechanism without the consent of the Sri Lankan government or a decision by the UN Security Council, the UN General Assembly, the UN Human Rights Council or other international bodies,

 

1. Commends the UN Secretary General for his efforts to ensure accountability for war-time abuses in Sri Lanka;

 

2. Encourages the UN Secretary General to act on the panel’s recommendations;

 

3. Calls on the Sri Lankan government to clearly affirm that it will follow the recommendations of the panel's report, namely by ensuring serious investigations into alleged laws-of-war violations on both sides, prosecution of Sri Lankan army commanders, senior government officials, military and civilian LTTE leaders, in order to bring a sense of justice, accountability and relief for Sri Lankans;

 

4. Supports the establishment of an international mechanism to monitor and assess the Sri Lankan government’s efforts to provide accountability, independently investigate alleged violations, and collect and safeguard evidence as recommended by the panel;

 

5. Calls on the Government of Sri Lanka to consent to the establishment of this independent international mechanism;

 

6 Calls on the upcoming EU Foreign Affairs Council meeting to adopt conclusions supporting the establishment of an international mechanism as recommended by the panel.

 

7. Is deeply concerned about the worrying lack of independence of the judiciary which could act as complementary to an independent body of investigation; urges the government to ensure restorative and retributive justice;

 

8. Condemns the continuous imposition of emergency regulations and the Prevention of Terrorism Act which grants state authorities sweeping powers of detention and permit the use of secret prisons, a practice that encourages security forces to commit human rights abuses like enforced disappearances, torture and death in custody and which also shield officials from prosecution for actions taken under these laws, as well as the continuous restrictions of the media;

 

9. Calls on the Government of Sri Lanka to honour its pledge to consolidate national unity;

 

10. Instructs its President to forward this resolution to the Council, the Commission, the governments of the member states, the Secretary General of the United Nations and the President and Government of Sri Lanka.

 

Seneste opdatering: 10. maj 2011Juridisk meddelelse