Breaking the Cycle of Impunity: The Case for Elevating Sri Lanka to UNHRC Agenda Item 4

Relocating the Sri Lankan Human Rights Crisis to Agenda Item 4 of the UNHRC 61st Session

தமிழ் TAMIL CLICK HERE

Subject: Evidentiary and Legal Case for Elevating Sri Lanka from Agenda Item 2 to Agenda Item 4

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1. Executive Summary

The management of the human rights situation in Sri Lanka within the United Nations Human Rights Council (UNHRC) has reached a critical juncture. The current framework, under Agenda Item 2—predicated on state cooperation and technical assistance—no longer accurately reflects the gravity, persistence, or systematic nature of the reported violations.

Despite the conclusion of the armed conflict in 2009, empirical data gathered through 2024 and 2025 demonstrate that the Government of Sri Lanka (GoSL) is exploiting the "cooperative" model to facilitate a culture of entrenched impunity [3]. Key indicators include the discovery of neonates in mass graves, the continued use of the Prevention of Terrorism Act (PTA) to suppress dissent, and state-sponsored demographic re-engineering of the North-East.

This dossier presents the case for elevating Sri Lanka to Agenda Item 4—reserved for situations requiring the Council’s urgent attention—beginning with the 61st session.

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2. The Procedural Failure of Agenda Item 2

2.1 The "Commitment and Withdrawal" Cycle

The Council’s engagement with Sri Lanka reveals a pattern where the state offers a veneer of cooperation to deflect scrutiny. For example, while the GoSL co-sponsored Resolution 30/1 in 2015, it withdrew support in 2020. Consequently, the state has reversed progress on nearly 60% of its transitional justice commitments [10]. Domestic mechanisms have proven to be a "long history of failed accountability" that has bitterly disappointed victims [2].

2.2 Comparative Framework: Why Item 4 is Necessary

The distinction between the two agenda items is fundamental to the efficacy of the UNHRC’s intervention capabilities.

Feature	Agenda Item 2 (Current)	Agenda Item 4 (Proposed)
Primary Focus	Reports of the High Commissioner & Technical Assistance [1].	Situations of grave concern requiring urgent attention [9].
State Consent	Often sought; operates on a "compromise" ethos [1].	Resolutions typically adopted despite country objections [1].
Investigative Mandate	OHCHR monitoring and evidence preservation [7].	Potential for Special Rapporteurs and Commissions of Inquiry [9].
Level of Scrutiny	Moderate; cooperative [12].	Highest level of scrutiny by the Council [9].
Goal	Reconciliation tracking [1].	Accountability for gross violations [9].

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3. Evidence of Continuing Crimes (2024–2025)

The transition to Item 4 is justified by the "continuing nature" of crimes and the state's refusal to dismantle the architecture of repression.

3.1 Legislative Repression: The Prevention of Terrorism Act (PTA)

Despite assurances of reform, the PTA remains the primary instrument for arbitrary detention. Reports from April 2025 indicate the administration of President Anura Kumara Dissanayake continues to utilize this law to target minorities [3].

• Case Study (March 2025): Mohamed Rusdi, a 20-year-old Muslim salesman, was arrested for pasting a Gaza solidarity sticker. He was held on a 90-day detention order by the Terrorism Investigation Division (TID), illustrating how the state criminalizes peaceful dissent as "terrorism" [18].

Documented PTA Violations (2018–2025):

• Arbitrary Arrest: Hundreds held without trial for up to 18 months (Violation of ICCPR Art 9) [16].
• Torture: Confessions extracted through threats of sexual violence remain admissible in court [17].
• Lack of Due Process: Detention orders are issued by the Minister of Defence, bypassing judicial scrutiny [16].

3.2 Forensic Crisis: Mass Graves and Obstruction

The discovery of mass graves provides a definitive rationale for Item 4 intervention.

• The Chemmani-Siththupaththi Discovery (Feb 2025): Excavations have unearthed over 200 remains, including "neonatal" skeletons (babies under 10 months). This forensic evidence contradicts the state’s narrative of a "humanitarian rescue" with zero civilian casualties [14, 25].
• Systemic Obstruction: The Human Rights Commission of Sri Lanka (HRCSL) reported in 2025 that crucial DNA analysis equipment donated to the University of Jaffna is being detained at Sri Lanka Customs due to "VAT exemption disputes," effectively halting identification [23].
• Intimidation of Experts: The arrest of Dr. Sinnaiah Sivaruban, a prominent Judicial Medical Officer (JMO), serves as a clear indicator of state-level obstruction of justice and an assault on the independence of the medical-legal system [15].

3.3 Demographic Engineering ("Sinhalization")

The state is actively altering the demographics of the North-East to diminish Tamil representation [27]. This is achieved through:

• The Mahaweli Authority: Seizing private land for irrigation schemes settled by Southern Sinhalese farmers (e.g., Seruwila Division) [29].
• Archaeological Heritage Task Force: Comprised of military and clergy, this body declares Tamil/Muslim religious sites as "Buddhist," facilitating land grabs (e.g., Neeraviyadi Pillayar Temple) [5, 27].

3.4 Militarization and Surveillance

The North-East remains under heavy military occupation, described as a "forever war" [30].

• Density: Approximately 1 soldier for every 8.7 civilians in the Northern Province [31].
• Surveillance: The 661 and 662 Brigades are explicitly tasked with monitoring civilians and "beneficiaries" of state programs. This creates a chilling effect on families of the disappeared, whose attempts at collective mourning are often labeled as terrorist activity [6, 31].

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4. Legal Framework for Item 4 Transition

The shift to Item 4 is supported by established legal doctrines:

1. Superior Responsibility: Under the Rome Statute and domestic law, leaders are liable if they fail to prevent subordinates' crimes. The appointment of officials accused of mass atrocities to Cabinet positions represents a systemic failure of vetting and an obstruction of justice [10, 13].
2. Continuing Crimes: Enforced disappearance is a "continuing crime" until the fate of the victim is known. The obstruction of mass grave investigations constitutes a continuing violation of the right to truth [22, 32].
3. Universal Jurisdiction: As Sri Lanka is "neither able nor willing" to prosecute, the Council must recommend that member states exercise universal jurisdiction [32].

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5. Strategic Roadmap & Call to Action

To successfully navigate this procedural transition, the following strategic actions are required immediately.

5.1 Engagement with UN Special Procedures

We must leverage the investigative capacity of the UN. Working with UN Special Procedures enables direct dialogue with Sri Lankan authorities regarding specific cases.

• Recommendation: Tamil advocates and stakeholders are encouraged to pursue justice and rights through international criminal and humanitarian channels, bypassing blocked domestic routes.

5.2 Methodology for Advocacy

Success at the 61st Session requires a professional, evidence-based approach. This process involves:

• Coordinated Documentation: Systematizing evidence of 2024-2025 violations.
• Evidence Gathering: Securing forensic data and testimony regarding the PTA and land appropriations.
• Submission: Filing formal petitions and unified recommendations to member states and the OHCHR.

5.3 Unified Call to Action

We call on all Diaspora and homeland civil society organizations, NGOs, human rights activists, lawyers, and professionals to unify in this project. Fragmentation serves the oppressor; a singular voice is required to achieve these goals.

Urgency: With the UNHRC 61st session approaching fast, we must act immediately to launch this advocacy campaign.

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6. Conclusion: A Mandate for the 61st Session

The evidence is clear: The domestic mechanisms (OMP, CID) are incapable of investigating state actors, and the "Sinhalization" program is erasing the fabric of post-conflict society. By keeping Sri Lanka under Item 2, the UNHRC risks "normative erosion."

Therefore, it is imperative that the Council relocate the Sri Lanka file to Agenda Item 4. This is not merely a procedural change but a remedial measure necessary to safeguard the Council’s integrity and appoint a mandate holder capable of delivering long-overdue justice.

Works cited

1.     COUNTRY-SPECIFIC SCRUTINY AT THE UNITED NATIONS HUMAN RIGHTS COUNCIL - Brookings Institution, accessed January 13, 2026, https://www.brookings.edu/wp-content/uploads/2016/07/UNHRC_Country_Specific_v1.pdf

2.     Sri Lanka: Withdrawal from UN commitments requires robust response by Human Rights Council - Amnesty International, accessed January 13, 2026, https://www.amnesty.org/en/latest/news/2020/02/sri-lanka-withdrawal-from-un-commitments-requires-robust-response-by-human-rights-council/

3.     Sri Lanka has opportunity to break from past – Türk | OHCHR, accessed January 13, 2026, https://www.ohchr.org/en/press-releases/2025/08/sri-lanka-has-opportunity-break-past-turk

4.     Mass graves in Sri Lanka - Wikipedia, accessed January 13, 2026, https://en.wikipedia.org/wiki/Mass_graves_in_Sri_Lanka

5.     The Intersectional Trends of Land Conflicts in Sri Lanka (August 2024) - ReliefWeb, accessed January 13, 2026, https://reliefweb.int/report/sri-lanka/intersectional-trends-land-conflicts-sri-lanka-august-2024

6.     The Test: Chemmani and Sri Lanka's Accountability Crisis, accessed January 13, 2026, https://adayaalam.org/the-test-chemmani-and-sri-lankas-accountability-crisis/

7.     A/HRC/RES/46/1 - General Assembly, accessed January 13, 2026, https://docs.un.org/en/a/hrc/res/46/1

8.     A/HRC/57/NGO/269 General Assembly, accessed January 13, 2026, https://docs.un.org/en/A/HRC/57/NGO/269

9.     Moving On Up: The UN Human Rights Council Agenda Items Explained - FoRB in Full, accessed January 13, 2026, https://forbinfull.org/2018/10/24/moving-on-up-the-un-human-rights-council-agenda-items-explained/

10.  REVERSING PROGRESS: THREATS TO HUMAN RIGHTS AND reinforced impunity IN SRI LANKA, accessed January 13, 2026, https://srilankacampaign.org/wp-content/uploads/2023/10/2021-Feb-Reversing-Progress.pdf

11.  A/HRC/40/23 General Assembly, accessed January 13, 2026, https://docs.un.org/en/a/hrc/40/23

12.  A Rough Guide to the Special Procedures of the Human Rights Council, accessed January 13, 2026, https://www.universal-rights.org/a-rough-guide-to-the-special-procedures-of-the-human-rights-council/

13.  Legal & Political Analysis- Sri Lanka and the Limits of International ..., accessed January 13, 2026, https://srilankacampaign.org/wp-content/uploads/2025/08/Legal-Political-Analysis-Sri-Lanka-and-the-Limits-of-International-Justice-ICCICJ-and-Universal-Jurisdiction-2.pdf

14.  New Sri Lanka mass grave discovery reopens old wounds for Tamils - Al Jazeera, accessed January 13, 2026, https://www.aljazeera.com/features/2025/6/16/new-sri-lanka-mass-grave-discovery-reopens-old-wounds-for-tamils

15.  Sri Lanka: Country Report - Asylum Research Centre, accessed January 13, 2026, https://asylumresearchcentre.org/wp-content/uploads/2020/07/FINAL_ARC_COI_report_on_Sri_Lanka_July_2020PDF.pdf

16.  Sri Lanka: End the use of and repeal the draconian PTA - Amnesty International, accessed January 13, 2026, https://www.amnesty.org/en/wp-content/uploads/2022/02/ASA3752412022ENGLISH.pdf

17.  Locked Up Without Evidence: Abuses under Sri Lanka's Prevention of Terrorism Act | HRW, accessed January 13, 2026, https://www.hrw.org/report/2018/01/29/locked-without-evidence/abuses-under-sri-lankas-prevention-terrorism-act

18.  New President, Old Tactics? - Sri Lanka Campaign, accessed January 13, 2026, https://srilankacampaign.org/new-president-old-tactics/

19.  Challenges to Accountability for Human Rights Violations in Sri Lanka - International Commission of Jurists, accessed January 13, 2026, https://www.icj.org/wp-content/uploads/2017/03/Sri-Lanka-FCO-Accountability-1-Advocacy-Analysis-brief-2017-ENG.pdf

20.  2024 Country Reports on Human Rights Practices: Sri Lanka - U.S. Department of State, accessed January 13, 2026, https://www.state.gov/reports/2024-country-reports-on-human-rights-practices/sri-lanka

21.  MASS GRAVES AND FAILED EXHUMATIONS IN SRI LANKA, accessed January 13, 2026, https://srilankachrd.org/office/uploads/278.pdf

22.  Sri Lanka: ICJ urges international oversight and victim-centred investigation into Chemmani mass grave in compliance with international law and standards, accessed January 13, 2026, https://www.icj.org/sri-lanka-icj-urges-international-oversight-and-victim-centred-investigation-into-chemmani-mass-grave-in-compliance-with-international-law-and-standards/

23.  report on the ongoing investigation into the mass grave ... - HRCSL, accessed January 13, 2026, https://www.hrcsl.lk/wp-content/uploads/2025/09/Fact-Finding-Report-of-HRCSL-on-Chemmani-Mass-Grave-Site.pdf

24.  Mass Grave Uncovered in Chemmani, Sri Lanka - Progressive International, accessed January 13, 2026, https://progressive.international/wire/2025-08-13-mass-grave-uncovered-in-chemmani-sri-lanka/en/

25.  REPORT OF THE SECRETARY-GENERAL'S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA - University of Michigan Law School, accessed January 13, 2026, https://www.law.umich.edu/facultyhome/drwcasebook/Documents/Documents/Report%20of%20the%20Panel%20of%20Experts%20on%20Accountability%20in%20Sri%20Lanka.pdf

26.  Comments on the Australian Government Department of Foreign Affairs and Trade's (DFAT) Country Information Report on Sri Lanka of 4 November 2019 - Asylum Research Centre, accessed January 13, 2026, https://asylumresearchcentre.org/wp-content/uploads/2020/07/ARC-Comments-on-DFAT-SL-report_July-2020.pdf

27.  State-Sponsored Sinhalization of the North-East - March 2022, accessed January 13, 2026, https://pearlaction.org/wp-content/uploads/2022/03/State-Sponsored-Sinhalization-of-the-North-East-March-2022.pdf

28.  The Intersectional Trends of Land Conflicts in Sri Lanka - Centre for Policy Alternatives, accessed January 13, 2026, https://www.cpalanka.org/wp-content/uploads/2024/08/The-Intersectional-Trends-of-Land-Conflicts-in-Sri-Lanka.pdf

29.  Sinhalization of the North-East: Seruwila – Verugal - People for Equality and Relief in Lanka, accessed January 13, 2026, https://pearlaction.org/sinhalization-of-the-north-east-seruwila-verugal/

30.  Country policy and information note: Tamil separatism, Sri Lanka, August 2025 (accessible), accessed January 13, 2026, https://www.gov.uk/government/publications/sri-lanka-country-policy-and-information-notes/country-policy-and-information-note-tamil-separatism-sri-lanka-august-2025-accessible

31.  The Forever War?: Military Control in Sri Lanka's North | International Crisis Group, accessed January 13, 2026, https://www.crisisgroup.org/asia-pacific/sri-lanka/forever-war-military-control-sri-lankas-north

32.  Accountability for International Crimes in Sri Lanka - A View on UN Approaches in other Situations, accessed January 13, 2026, https://www.ecchr.eu/fileadmin/Gutachten/Paper_SriLanka_Accountability_for_International_Crimes_in_Sri_Lanka_Feb2019.pdf

33.  International Convention for the Protection of All Persons from Enforced Disappearance, accessed January 13, 2026, https://digitallibrary.un.org/record/4095400/files/CED_C_LKA_CO_1-EN.pdf

34.  Chapter IX: Accountability, Transparency, and Reparations for Unlawful Death - PULP, accessed January 13, 2026, https://www.pulp.up.ac.za/images/edocman/legal-compilations/unlawful_killings/Chapter%209_Alston%20Book.pdf

35.  sri lanka's time to try - ECCHR, accessed January 13, 2026, https://www.ecchr.eu/fileadmin/Publikationen/Schueller_Mehta_Sri_Lanka_s_Time_to_Try.pdf

36.  Sri Lanka statement -- Universal Jurisdiction -- Sixth Committee (Legal) — 79th session - Welcome to the United Nations, accessed January 13, 2026, https://www.un.org/en/ga/sixth/79/pdfs/statements/universal_jurisdiction/15mtg_srilanka.pdf

37.  Sri Lanka statement -- Crimes against humanity -- Sixth Committee (Legal) — 77th session, accessed January 13, 2026, https://www.un.org/en/ga/sixth/77/pdfs/statements/cah/43mtg_srilanka_5.pdf

     In solidarity,

     Wimal Navaratnam

     Human Rights Advocate | ABC Tamil Oli (ECOSOC)

      Email: tamilolicanada@gmail.com