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OHCHR report calls for steps to address conflict-related sexual violence
View(s):A new report by the United Nations Office of the High Commissioner for Human Rights (OHCHR) has called for urgent and comprehensive accountability measures to address conflict-related sexual violence in Sri Lanka, describing the violations as widespread, systemic, and largely unpunished.
The OHCHR brief, titled “Accountability for Conflict-Related Sexual Violence in Sri Lanka,” documents incidents spanning nearly four decades, from 1985 to 2024. It asserts that conflict-related sexual violence (CRSV) was used as a strategic tool by state security forces and affiliated foreign groups to assert dominance, extract information, and intimidate communities.
According to the report, successive governments have failed to investigate or prosecute such crimes adequately, creating what it describes as a persistent “continuum of impunity.” While the current administration has pledged justice reforms, the OHCHR notes that tangible progress remains limited.
The brief identifies several domestic legal and institutional barriers that have obstructed accountability. Among them is the 20-year statute of limitations under the Code of Criminal Procedure, which has effectively barred the prosecution of many crimes committed before 2005. The report also points to systemic shortcomings within the institutional process, including the lack of private settings for reporting sexual violence, language barriers faced by Tamil-speaking survivors, and the absence of gender-neutral definitions of rape in the Penal Code.
Survivors consulted by the OHCHR described the domestic justice process as “symbolic,” often resulting in further trauma or social ostracisation rather than meaningful redress.
The report places particular emphasis on the long-term human impact of these violations, noting that stigma and fear have rendered many survivors invisible. Male survivors, in particular, were found to be as likely as women to have experienced sexual torture but remain largely “voiceless” due to entrenched gender norms and the absence of targeted support mechanisms.
The Office for Reparations, established under Act No. 34 of 2018, is described in the report as largely ineffective in addressing the needs of CRSV survivors. None of the survivors consulted for the brief reported receiving interim or full reparations, and the Office has failed to disaggregate its case load data by gender.
To address these failures, the OHCHR outlines a series of key recommendations to the Government of Sri Lanka. These include a public acknowledgement of past sexual violence by State forces, the acceptance of responsibility, and the issuance of a formal apology. The report also calls for institutional reforms, including the establishment of an independent public prosecution office and security sector reform through vetting and human rights training.
Legal reforms recommended
by the OHCHR include repealing the Prevention of Terrorism Act (PTA) and amending the Penal Code to align with international standards, particularly by recognising lack of consent as the basis for defining rape.
The brief further urges the implementation of holistic reparations for survivors, including psychosocial support and symbolic measures such as the removal of war monuments from civilian areas where they exacerbate survivor trauma. It also recommends reforming the Victim and Witness Protection Act to ensure institutional independence from the Police command structure.
The report notes that the international community retains a “critical responsibility” in situations where domestic authorities do not take action. It asserts that international actors should consider measures available under international human rights and humanitarian law, including the use of recognised principles of universal or extraterritorial jurisdiction, the application of targeted sanctions against perpetrators, in line with international law, and broader support for international justice mechanisms.
“We take these reports very seriously and ensure that findings are included in our plans for the way forward,” noted the current chairperson of the commission leading the Office for Reparations, Wasantha Perera. She noted that specific responses will be prepared and released via a press release once the officer has reviewed the document in more detail and with further consultation. “We are currently working with a limited staff, but recruitment requests have been made to the Finance Ministry, so once we have these resources, we can make the changes needed as long as it is within our mandate,” she added.
Representatives from the office of Defence Secretary Air Vice Marshal Sampath Thuyacontha told the Sunday Times that the ministry was still assessing the report and would respond to its recommendations and findings soon.
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