A/HRC/34/20
cases of the remaining security detainees under the Prevention of Terrorism Act would be a
key confidence-building measure. Indeed, as long as these cases remain unresolved, they
will continue to cast a shadow over any progress made in transitional justice. Moreover,
any new detention under the Prevention of Terrorism Act should strictly follow the new
directives of the President, issued on 17 June 2016, that strengthen the protections available
to detainees.
48.
The restitution of land held by the military is still an unfulfilled confidence-building
measure. Although significant areas of land have been released (according to government
figures, an additional 2,625 acres of private land and 9,288 acres of State land have been
released since October 2015), a mapping of both private and public land under the control
of the military, and a release plan with clear benchmarks and timelines, have yet to be
presented to the public.
49.
Progress in the resettlement of internally displaced persons, despite the support
received from donors and international organizations, has been slow. This is partially due to
a failure to release land. On 16 August 2016, the Cabinet approved a rights-based and
comprehensive national policy on durable solutions for conflict-affected displacement;
challenges to its implementation persist, however, given that key obstacles, including land
disputes relating to State occupation or secondary occupation, need to be addressed.
Frustration in the affected communities has grown owing to the continued engagement of
the military in civilian commercial activities.
50.
Allegations of continued harassment and surveillance of human rights defenders and
victims by security and intelligence personnel persist. Cases of excessive use of force,
torture, arbitrary arrests and failure to respect due process during arrests by the police also
continue to be reported, clearly demonstrating the need for unequivocal instructions to all
branches of the security forces that such conduct is unacceptable and that abuses will be
punished. While the presidential directives with regard to the Prevention of Terrorism Act
are welcome, they are limited in scope and therefore insufficient to cover the full range of
potential risks that could jeopardize the protection of human rights in cases of arrest or
detention. It is crucial for the Government to forcefully assert civilian control over the
military and intelligence establishments, and initiate reform of the security sector. The
latter should include a comprehensive vetting process to ensure that “no scope exists for
retention in or recruitment into the security forces of anyone credibly implicated through a
fair administrative process in serious crimes involving human rights violations or abuses or
violations of international humanitarian law”.15 In this context, while deployment of a Sri
Lankan combat convoy battalion to Mali has been delayed owing to operational issues, it is
imperative that the Government establish an appropriate vetting procedure – with an
independent, civilian human rights component – in advance of any deployment of military
and police personnel to a United Nations mission.
V. Other human rights issues
51.
Overall, some progress has been made in the situation of human rights in Sri Lanka
since January 2015, such as the visible signs of improvement in the respect for freedoms of
expression and movement, and cooperation with United Nations human rights mechanisms.
Progress has, however, been uneven.
52.
The Government has drafted a national human rights plan of action for the period
2017-2021. An interministerial committee on human rights had been established for that
15
12
Human Rights Council resolution 30/1, para.8.
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