A/HRC/45/45/Add.1
Lanka, together with the full support of the armed forces, which stand to gain from this
process, to establish a robust, credible and comprehensive transitional justice policy.
A.
General recommendations
85.
Nothing has hindered the transitional justice programme in Sri Lanka more
than lack of commitment on the part of the Government, which was not only slow in
terms of design and implementation, but which wavered in its messaging and
ultimately has failed up to this point to take full ownership of the process. Sri Lanka
has a long history of partial compliance with its human rights obligations, which is not
actually a form of compliance but, ultimately, one of non-compliance. Breaking out of
this pattern means making unambiguous commitments, expressed both in words and
in deeds, starting with the President and the Prime Minister, and making the case for
a comprehensive human rights-based and gender-sensitive redress and prevention
policy that integrates measures to satisfy victims’ rights to truth, justice, reparation
and guarantees of non-recurrence.
86.
On this basis, the Special Rapporteur recommends that the Government:
(a)
Develop a comprehensive transitional justice strategy that includes a
clear timeline for the establishment of the different transitional justice mechanisms,
identifies needs regarding budget, staff and required expertise and outlines the links
between the different elements of the strategy. Moreover, the Government should
allow the public to engage in consultations in the development of the strategy and seek,
in particular, the views of women, given the differential impact that violations and the
conflict have had on them and children;
(b)
Take greater advantage of the report of the Consultation Task Force on
Reconciliation Mechanisms. In its report, the Task Force identifies expectations, needs,
challenges and priorities as expressed by key stakeholders and provides information
that could be invaluable to the Government’s efforts to align its intentions with the
needs of victims. The network that the Task Force put in place in 2016 could prove
very useful for continuing the dialogue and holding consultations on the design and
implementation of reconciliation mechanisms;
(c)
Tap more into the expertise that could be provided by OHCHR. So far,
Sri Lanka has regrettably underutilized the support offered by the United Nations;
(d)
Take greater advantage of its Human Rights Commission during the
entire process of drafting legislation. The Government must commit itself to providing
the Commission with sufficient resources to carry out its crucial functions and to
takings its views and recommendations seriously.
B.
Recommendations for building trust in the Government’s commitment
and capacity to move forward with reforms
87.
Since one of the aims of transitional justice is to foster trust, the Government
should consider other confidence-building measures. For example, the Government
should:
(a)
Repeal the Prevention of Terrorism Act and promptly replace it with
new counter-terrorism legislation that adheres to international best practices. It
should also promptly deal with long-standing cases pending under the Act and put in
place a procedure to review convictions handed down under the Act that were based
solely on the confession of the accused;
(b)
Cease the continued harassment and surveillance by security and
intelligence personnel of human rights defenders and other social actors, especially
women;
(c)
Carry out a comprehensive mapping of land occupied by the military
and land recently released; produce a strategy with deadlines for restitution and plans
for compensating former landowners whose land will not be returned; consider
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