A/HRC/34/20 judicial mechanism involving the participation of Commonwealth and other foreign judges, as called for by the Human Rights Council in resolution 30/1. 23. While acknowledging the complexity of establishing such a judicial mechanism, the High Commissioner considers that preparatory work for judicial mechanisms should already be at an advanced stage. In particular, some of the complementary and supporting steps in establishing the mechanism could have already been taken, such as incorporating international crimes into domestic law to allow for their prosecution, and strengthening the forensic, investigative and prosecutorial capacities in Sri Lanka. It would be useful for the Government to seek support from experts and other States that have conducted similar exercises. The Special Rapporteur on truth, justice, reparation and guarantees of nonrecurrence, following his visit in January 2016, called upon Sri Lanka to seek support on these issues, given that the technical competencies necessary to establish a special accountability mechanism dedicated to mass crimes, and to ensure that it perform its functions well – in addition to crucial considerations of impartiality and independence – are typically not widely available in countries that have not been through the corresponding judicial procedures, which are not usually a part of the ordinary training of lawyers, but rather specialized skills that have slowly developed over time.8 B. Reconciliation 24. Unlike the limited progress made with regard to transitional justice, some visible progress has been made in the constitutional reform process, commencing in March 2016, when Parliament adopted a resolution establishing itself as a constitutional assembly. The inclusive public consultations on constitutional reform conducted by the Public Representations Committee in the first quarter of 2016 were followed on 19 November by the presentation of the reports of six subcommittees appointed by the Constitutional Assembly to make recommendations in the areas of fundamental rights, the judiciary, finance, law and order, public service and centre-periphery relations. Also on 19 November, the Steering Committee of the Constitutional Assembly presented its first interim report to the Constitutional Assembly. 25. Constitutional reform can play a critical role in addressing systemic deficiencies and inadequate safeguards, which have facilitated past violations of human rights. In Sri Lanka, constitutional reform, as a means of establishing (or re-establishing) guarantees of nonrecurrence, could contribute to creating the foundations for the prevention of violations and abuses of rights. The High Commissioner is encouraged by the manner in which political dialogue has progressed, and understands that there is a focus on political settlement and devolution. 26. Constitutional reform is the appropriate vehicle for addressing other structural issues that have an impact on the protection of human rights. As pointed out by the High Commissioner in his oral update to the Human Rights Council in June 2016, a more comprehensive bill of rights, stronger institutional checks and balances, enhanced constitutional review of legislation, more effective guarantees for the independence of the judiciary, effective individual complaints mechanisms and greater direct enforceability of international human rights treaties are some of the most important elements to be included in constitutional reform. 8 OHCHR, “Observations of the Special Rapporteur on the conclusion of his second advisory visit to Sri Lanka (26 January to 1 February 2016)”, press release, 10 February 2016. 7

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