A/HRC/34/20
Reconciliation,5 and several technical working groups tasked with drafting blueprints for
the accountability and reconciliation mechanisms to be established. These bodies, however,
are yet to present a sufficiently convincing or comprehensive transitional justice strategy to
overcome the legacy of mistrust and scepticism left by a number of inconclusive ad hoc
commissions and procedures. Such a strategy is of critical importance to maximize the
synergies between the various reform processes.
13.
One positive development has been the completion of national consultations on
reconciliation mechanisms conducted by the Consultation Task Force on Reconciliation
Mechanisms, a group of prominent civil society members appointed by the Government
and supported by the Secretariat for Coordinating Reconciliation Mechanisms. Starting in
February 2016, the task force received written submissions from stakeholders; from June to
September, it conducted focus group discussions and direct consultations at the provincial
and district levels with various stakeholders, including victims and civil society. On 3
January 2017, the task force presented its final report6 to former President Chandrika
Bandaranaike Kumaratunga, Chairperson of the Office for National Unity and
Reconciliation.
14.
Overall, the national consultation process was broad, independent and inclusive.
Based on submissions and views received from 7,306 individuals and organizations, the
final report of the Consultation Task Force focuses on the four crucial mechanisms that the
Government had committed to establishing before the adoption of Human Rights Council
resolution 30/1: a commission on truth, justice, reconciliation and non-recurrence; an office
on missing persons; an office on reparations; and a judicial mechanism with a special
counsel. In addition, it identifies elements for alternative or additional mechanisms and
measures for transitional justice in the specific context of Sri Lanka. The main
recommendations contained in the report include the establishment of a hybrid court with a
majority of national judges and at least one international judge per bench, and with no
temporal jurisdictional limitation; and the prohibition of amnesties for war crimes and
crimes against humanity, or for gross human rights violations and abuses, such as torture,
enforced disappearance and rape. Lastly, the task force calls for the restitution of land held
by the military, the publication of the list of all detainees and detention centres, the repeal
of the Prevention of Terrorism Act and the immediate release of persons held under the Act
without charge.
15.
The High Commissioner appreciates the major efforts made in the consultation
process and the engagement of those who provided submissions and shared their views.
Consulting with victims and members of civil society throughout Sri Lanka before the
establishment of transitional justice measures is critical not only to elicit the views of those
most affected, but also as a form of recognition and respect. Several stakeholders pointed
out that this was the first time that they had engaged in a formal dialogue with the State,
during which they felt they were heeded with respect.
16.
The High Commissioner also welcomes the adoption by Parliament, on 11 August
2016, of legislation to establish the Office of Missing Persons. This is the first element of
the transitional justice response to acquire the form of a legal bill. As at January 2017,
however, the law still had not been gazetted and the commissioners had yet to be appointed.
17.
Addressing disappearances in a comprehensive manner would contribute to
advancing truth and reconciliation efforts by generating trust in victims and official
institutions. The Office of Missing Persons should therefore be sufficiently resourced,
5
6
www.onur.gov.lk.
Final Report of the Consultations Task Force on Reconciliation Mechanisms, November 2016.
5
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