149. The Special Rapporteur wishes also to express his appreciation to the UNDP Resident Representative for facilitating his stay in Colombo and his visits to Jaffna, Batticaloa and Ratnapura.

150. The Special Rapporteur is of the opinion that the question of extrajudicial and arbitrary executions in Sri Lanka is serious, and results from the interaction of multiple factors. The principal cause is the prevailing abuses against the right to life which has taken root within the internal armed conflict. The perpetrators are the armed forces and police themselves, who kill suspected insurgents and civilians perceived as supporting them; LTTE members who kill members of the security forces, members of opposing factions, those who refuse to continue the armed insurgency or to continue to support the LTTE, including civilians; paramilitary organizations allegedly linked to the security forces (home guards) who are also responsible for extrajudicial executions.

151. Human rights violations are most frequent in the context of operations carried out by the security forces against the armed insurgency. While considering it inappropriate to affirm the existence of a planned policy of "systematic violation" of human rights, the violations have been so numerous, frequent and serious over the years that they could not be dealt with as if they were just isolated or individual cases of misbehaviour by middle and lower-rank officers, without attaching any political responsibility to the civilian and military hierarchy. On the contrary, even if no decision had been taken to persecute the unarmed civilian population, the Government and the high military command were still responsible for the actions and omissions of their subordinates.

152. The pervasive violence generated by armed LTTE members and their increasing attacks against the armed forces and civilians are further indicators of the general deterioration of the situation and the prevalent insecurity in certain parts of Sri Lanka.

153. The Special Rapporteur understands the difficulties faced by the Government when confronted with insurgents and other armed groups who are responsible for numerous acts of violence and clearly lack respect for the lives and physical integrity of State agents and civilians. However, this does not justify excessive and arbitrary use of force on the part of the security forces. There is no excuse for extrajudicial, summary or arbitrary executions, nor for their encouragement through impunity.

154. The Special Rapporteur is particularly concerned about the massacres and extrajudicial, summary or arbitrary executions among the civilian population, especially women and children, which have become an almost ubiquitous feature of daily life in Sri Lanka.

155. The Special Rapporteur is concerned about the numerous reports he received which indicate that in many cases of violations of the right to life no compensation was provided.

156. The Special Rapporteur is also concerned about certain laws and regulations which have been enacted in Sri Lanka and which allow impunity to persist and which in some cases grant security officers immunity from prosecution. Of particular concern are the emergency regulations governing arrest and detention procedures and those governing post-mortems and inquests when deaths have occurred in custody or as a result of the official action of the security forces.

157. The Special Rapporteur is also worried by the paralysis of State institutions, particularly the judiciary in the areas of armed conflict, which is generating impunity and hence the perpetration of human rights violations.

158. The Special Rapporteur remains concerned at the contrast between statements indicating high sensitivity to, and awareness of, human rights issues at the top level of the armed forces and their practices in the field, which very often fail to respect human rights.

159. Impunity enjoyed by human rights violators in Sri Lanka is very pervasive. The judiciary is competent to deal with cases involving security forces personnel accused of human rights violations. The justice system can be tough and effective in prosecuting and punishing disciplinary offences involving manifest disobedience of orders. However, it has proved itself equally effective in guaranteeing impunity for violations of the ordinary criminal law in respect of acts (murder, torture, kidnapping) committed in the line of duty. Thus, Sri Lanka fails to fulfil its obligations under international law to carry out exhaustive and impartial investigations with a view to identifying those responsible, bringing them to justice and punishing them. Although in a number of cases, tribunals have granted compensation to victims, or their families, for damages suffered at the hands of state agents, the tribunals conducting criminal proceedings against the same agents do not find grounds for their conviction. This strongly suggests the lack of institutional willingness to hold the authors of human rights violations responsible.

160. Neither the Sri Lankan population, the main victims, nor the international community, a powerless witness to the frequent killings and disappearances, seem capable of halting the violence. The failure by the Sri Lankan authorities to take concrete measures which would have immediate effect and put an end to this violence and further prevent its degeneration into a civil war has also contributed to shaping the present situation.

161. The Special Rapporteur would like to stress the importance of linking the humanitarian and human rights issues involved in the challenge of peace. Throughout his mission, he stated that without peaceful management or resolution of the conflict, there can be no effective and durable answers to the problem of the protection of the right to life. Throughout his discussions with Sri Lankan authorities, individuals and representatives of non-governmental organizations, he felt that there was an understanding that unless a political solution to the conflict is found, there can be little hope of ending it. Some of the authorities are trying to differentiate between the LTTE as an insurgent group and the Tamils as a community which is entitled to political rights equal to those of any other citizen in Sri Lanka. In making this differentiation, they are considering continuing the war with the LTTE and finding a political solution with the Tamils. However, there appeared to be a determined desire on the part of the armed forces, who control the military situation, to privilege a military solution.

162. It will only be possible for the State to reassert itself effectively, that is, with the respect and support of the population, if it can reform itself in the area that is central to the legitimacy of any State, namely, the establishment of the rule of law. Of course, this cannot be done in a vacuum. There needs to be serious attempts made to pacify the country, not just by using discrediting counter-insurgency techniques which violate international human rights and humanitarian law, but also by seeking a political accommodation. The importance of peace for the enjoyment of human rights in areas of insurgent activities and military counter-insurgency operations cannot be overemphasized. In this regard, the Special Rapporteur welcomes the efforts made by the Government with a view to restoring a normal life in Jaffna.

163. Finally, on several occasions, the Government of Sri Lanka has acknowledged the existence of problems relating to violations of human rights and repeatedly declared its commitment to act on them. The Special Rapporteur welcomed measures taken by the Government of Sri Lanka to strengthen the protection of human rights, through the establishment of the Human Rights Commission, and the three commissions of inquiry into past disappearances, but he feels that a lot has yet to be done in order to ensure that these institutions can operate as effective instruments.