A/HRC/45/45/Add.1
aim is to reaffirm a single-sided narrative. Throughout the country, communities need
spaces to mourn and remember those they have lost, especially civilian casualties.
F.
Recommendations on guarantees of non-recurrence
95.
Concerning guarantees of non-recurrence, the Government should:
(a)
Ratify the International Convention for the Protection of All Persons
from Enforced Disappearances and enact legislation to incorporate the Convention
into the domestic legal system;
(b)
The constitutional reform project has been undertaken in part to
provide guarantees of non-recurrence and has tremendous preventive and
reconciliatory potential. That project should be expanded to achieve the following:
(i)
The separation of the investigatory and prosecutorial roles from the
State advocacy roles of the Office of the Attorney General and the
establishment, for example, of an independent prosecutorial authority;
(ii)
Strengthened provisions on the independence of the judiciary;
(iii) The articulation of a bill of rights for all Sri Lankans and the
establishment of a constitutional court to adjudicate cases concerning
fundamental rights;
(iv) The delimitation of functions of the different parts of the security system
(armed forces, police and intelligence services) and the establishment of
multilayered civilian oversight systems;
(c)
Mindful of the constitutional definition of the functions of the security
sector’s different components and to contribute to preventing the recurrence of
violations: strengthen civilian capacities for defence planning, redistribute functions
so that public order and safety is mainly the responsibility of a well-trained and
professional police force and external defence is essentially the responsibility of the
armed forces, and ensure that the intelligence services report to civilian authorities
and are subject to constitutional and judicial oversight;
(d)
Rationalize the forces, their structure and composition, including on
criteria of ethnic and gender diversity, and provide training in order to improve the
forces’ efficacy, strengthen the rule of law and avoid risks of recurrence.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents