A/HRC/45/45/Add.1
especially in State institutions, and could contribute to strengthening the rule of law, social
cohesion and reconciliation.3
14.
Given the conflict-inducing nature of unaddressed massive violations, 4 the cycles of
violence and recent events in Sri Lanka, such a comprehensive redress and prevention
policy is particularly important.
15.
The January 2015 presidential elections offered a chance for lasting peace, justice
and reconciliation. The President, a member of the Sri Lanka Freedom Party, formed a
coalition with the United National Party, bringing the two largest Sinhala parties together
for the first time since independence. As part of its 100-day programme, the Government
committed itself to undergoing constitutional reform, strengthening oversight bodies,
recognizing the right to information as a fundamental right, addressing pervasive corruption
and engaging with the international community to address the past and provide
accountability.
16.
Also in 2015, the temporary lapse in cooperation with the international human rights
architecture also came to an end. Sri Lanka supported the adoption of Human Rights
Council resolution 30/1, voluntarily committing itself to providing redress for past massive
violations and abuses that occurred during and after the armed conflict. These commitments
included the establishment of a truth commission, an office on missing persons, a
reparations programme and an independent judicial mechanism, with international
participation, to investigate allegations of violations of human rights and of international
humanitarian law. The resolution’s adoption was seen as a major achievement for the
country’s journey towards peace, reconciliation and accountability. The Government
committed itself to establishing transitional justice measures over a two-year period (which
elapsed in 2017) and reaffirmed its commitments twice, in Council resolutions 34/1 of 2017
and 40/1 of 2019.
17.
Since 2015, the country has continued to engage actively with various United
Nations entities and a broad range of international actors and international civil society
organizations.
18.
Moreover, Sri Lanka ratified the International Convention for the Protection of all
Persons from Enforced Disappearance and the Convention on the Rights of Persons with
Disabilities in 2016 and acceded to the Optional Protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2017.
19.
The Special Rapporteur highlights the Government’s open engagement with his
mandate and with other special procedures, having extended a standing invitation in 2015
and having received 10 visits since then (all of which have made recommendations with
which the Special Rapporteur concurs). 5 It also engages with the treaty bodies and has
actively participated in the universal periodic review process. This willingness has resulted
in unprecedented levels of international support.
20.
At one point, the hope was that Sri Lanka could provide lessons to the world about
how sustainable peace ought to be achieved, underscoring the view that a military victory
does not – not by a wide margin – settle all questions about how people can best live
together.
III. General considerations
21.
Both civil society and parts of the Government have been on a very steep learning
curve regarding transitional justice. Sri Lankan civil society, with its characteristic courage,
persistence and very high capacity, continues to be present – albeit as an insufficiently
tapped resource, making crucial contributions to transitional justice debates. The
Government has also built its capacity on the topic, especially through the Secretariat for
Coordinating Reconciliation Mechanisms and its technical working groups. All are crucial
3
4
5
4
A/HRC/21/46.
See Pathways for Peace: Inclusive Approaches to Preventing Violent Conflict (Washington, D.C.,
United Nations and World Bank, 2017), chap. 4 especially.
A/HRC/34/54/Add.2, A/HRC/35/31/Add.1, A/HRC/39/45/Add.2 and A/HRC/40/52/Add.3.
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