A/HRC/45/45/Add.1 64. Preventing people from accessing or building memorials or from carrying out memorialization activities, or occupying their space with memorials they do not identify with, can be unhelpful, even harmful. Although there is no obligation on Governments to support or even tolerate activities that, for instance, incite violence or hatred and that in the use of shared space there is no hard and fast distinction between the private and the public, the local and the non-local, it is still possible to make a distinction between policies that are prudently supportive and inclusive and those that are not. 65. The Government in Colombo seems to be aware of these distinctions and has partly relaxed restrictions on memorialization in the North and East. In 2018 and 2019, on 30 August, the Office on Missing Persons commemorated the International Day of the Victims of Enforced Disappearances with the participation of the family members of the disappeared. At the local level, however, surveillance, intimidation and arrests continue to hamper memorialization activities; family members of victims do not have access to memorials and monuments, some of which have been deliberately destroyed; and the prohibition on the memorialization of fallen Tamil Tigers persists. Grieving families have expressed the need to bury or destroy photographs of their deceased loved ones in uniform for fear of harassment by the security forces. The contrast with several sizable, ostentatious displays of military victory could not be starker. Predictably, victims find this dynamic retraumatizing and alienating. 66. The Office for Reparations Act includes a reference to memorials under “collective reparations” and the Office on Missing Persons, in its interim report, argues explicitly that Sri Lanka needs to recognize victims of disappearance belonging to all communities. The Special Rapporteur highlights that, in its work on memorialization, the Office for Reparations should engage in close consultation with victims and place greater emphasis on policies that enable local memorialization rather than exercising a centrally run, top-down memorialization policy. VII. Guarantees of non-recurrence 67. A framework approach to the prevention of human rights violations seeks to systematize and establish links between efforts.34 In the case of Sri Lanka, taking such an approach would be an important antidote to the prevailing forms of “ad hoc-ism”. 68. Many transitioning societies have embarked on ambitious projects of constitutional reform or writing. A central part of the above-mentioned 100-day programme of the President was constitutional reform, which officially started in January 2016 with a public consultation process. Many measures that have great prevention potential and relevance for transitional justice – including the incorporation of a fundamental rights chapter, along with the establishment of a constitutional court; the strengthening of judicial independence; and reforms of the security sector for a post-conflict era – could have been considered as part of these reforms. 69. In practice, the constitutional reform process has mainly focused on three areas: the abolition of the executive presidency, the adoption of a new electoral system and the strengthening of provincial devolution. These are certainly important issues. Focusing predominantly on these three issues, however, has made the constitutional reform project less ambitious and less compelling for the entire population. Failure to establish the linkages between the constitutional and the transitional justice agendas has worsened the prospects for both. Despite invaluable contributions by experts, civil society representatives and some government officials, progress on constitutional reform has not been much more notable than the progress on transitional justice. 70. The Special Rapporteur has already argued that the future of justice initiatives in Sri Lanka depends on the reform of the Office of the Attorney General and, in particular, on the separation of investigatory and prosecutorial functions from State advocacy. Guaranteeing non-recurrence in the Sri Lankan context will similarly involve strengthening judicial independence. 34 A/HRC/30/42. 13