The European Parliament,

-    having regard to the Joint Statement by the Government of Sri Lanka and the United Nations on 23 May 2010 at the conclusion of the UN Secretary -General Ban Ki-moon's visit to Sri Lanka,

-    having regard to the Conventions to whom Sri Lanka is a party, which requires it to investigate alleged violations of international humanitarian and human rights law and prosecute those responsible; notably the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Prevention and Punishment of the Crime of Genocide, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination against Women,

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

A. Whereas on 15 May 2010, almost a year after the end of the 26-year-long armed conflict, President Mahinda Rajapaksa appointed a Lessons Learnt and Reconciliation Commission (LLRC), rejecting calls for an independent international inquiry;

B Whereas the major international human rights organizations have refused cooperation with the LLRC on the grounds that it is based on an inadequate mandate, lacks independence and adequate witness protection and aligns itself to a long history of past failed and politicized commissions of inquiry in Sri Lanka and the UN panel of experts has equally concluded that "the LLRC fails to satisfy key international standards of independence and impartiality";

C. Whereas on 23 May 2009 United Nations Secretary-General Ban Ki-moon and President of Sri Lanka Rajapaksa signed a joint statement in which the Sri Lankan government agreed to take measures to guarantee accountability for alleged war crimes and crimes against humanity during the final stages of the war;

D. Whereas in the absence of concrete steps to honor the joint statement by the Sri Lankan government, the UN Secretary-General on 22 June 2010 appointed a three Member panel of Experts to advise him on modalities for an accountability process "having regard to the nature and scope of alleged violations of international humanitarian and human rights law during the final stages of the armed conflict in Sri Lanka";

E. Whereas the report is based on the 'core understanding' in international law that 'accountability' for crimes involves "the right to the truth, the right to justice and the right to reparations, including through institutional guarantees of non-recurrence" and "an official acknowledgment by the State of its role and responsibility in violating the rights of its citizens";

F. Whereas the report, published on 26 April 2011, found credible allegations that both government forces and the Liberation Tigers of Tamil Eelam (LTTE) conducted military operations "with flagrant disregard for the protection, rights, welfare and lives of civilians and failed to respect the norms of international law";

G. 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";

H. Whereas the Sri Lankan government has dismissed the panel report, calling it “illegal,” “biased, baseless and unilateral”, while the panel concluded "that the Government's notion of accountability is not in accordance with international standards";

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

2. Takes act that the panel found "credible allegations which if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity";

3. Expresses its grave concern over the findings of the report such as deliberate large-scale shellings of civilians in the No Fire Zones, denial of humanitarian assistance, attacks on hospitals, UN and ICRC humanitarian support installations by the Government and the overall conclusion that 'most civilian casualties in the final phases of the war were caused by Government shelling';

4. Is equally disheartened by the report's allegations that the LTTE applied a policy of forced recruitment (including children) throughout the war, used civilians as human buffer, killed civilians attempting to flee LTTE control and continued its policy of suicide attacks outside the conflict zone throughout the final stages of the war;

5. Underlines that the large number of people who reportedly have come forward on their own initiative to speak to the LLRC Commission, despite its limitations, illustrate the strong wish and need for a national dialogue on the conflict;

6. Urges the Sri Lankan government to implement the panel’s recommendations, starting with the "immediate measures" and including immediately commencing genuine investigations into the alleged violations of international humanitarian and human rights law committed by both sides involved in the armed conflict;

7. Encourages the UN Secretary-General to act on the panel’s recommendations, including a comprehensive review of actions by the United Nations system during the war in Sri Lanka and the aftermath;

8. 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;

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

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