A/HRC/34/20
27.
In their reports, the six subcommittees addressed some of these issues, such as the
bill of rights, in an encouraging manner. Other important issues, such as the strengthening
of civilian oversight of the military, clarity with regard to the functions of security and
intelligence services, and facilitating the establishment of the transitional justice
mechanisms, have not, however, been sufficiently addressed. The High Commissioner
considers that recognition in the Constitution of the rights to truth and reparations and of
the principles of international law relating to accountability for gross violations of
international human rights law and serious violations of international humanitarian law, and
the inclusion of transitory rules that would allow for ad hoc mechanisms to address current
gaps in the legal system, could facilitate the smooth functioning of these mechanisms.
28.
In previous reports and updates submitted to the Human Rights Council, the High
Commissioner welcomed the nineteenth amendment to the Constitution adopted in April
2015 and the restoration of the Constitutional Council to recommend appointments to the
senior judiciary and key independent institutions, such as the Human Rights Commission,
the Commission to Investigate Allegations of Bribery and Corruption, the National Police
Commission and the Election Commission. Even though the Human Rights Commission
has been vocal and active with regard to crucial issues, its potential in advising on
legislative processes remains underutilized. The High Commissioner reiterates to the
Government the importance of supporting the Human Rights Commission, of efficiently
and effectively engaging with it, and of taking into account its recommendations.
29.
More generally, the High Commissioner stresses the need for all parts of the
Government to support independent commissions and to respect fully their independence.
In this regard, the High Commissioner regrets that, on 17 October 2016, the Director
General of the Commission to Investigate Allegations of Bribery or Corruption resigned
following claims by the President of Sri Lanka that the Commission and other police units
investigating corruption were acting on the basis of a political agenda.
30.
The Government continued to make some symbolic gestures towards reconciliation.
They included delisting several proscribed Tamil diaspora organizations in November
2015, and facilitating the rendition of the national anthem in both Sinhala and Tamil on
Independence Day, in February 2016, for the first time in decades. In November 2016, for
the first time in seven years, families of Tamils killed during the conflict celebrated
Maaveerar Naal.9 While this issue is highly sensitive, it was for many the only way, in the
absence of a neutral victims-centred day, to remember their lost ones. The High
Commissioner believes that the institutionalization of a national day to commemorate all
victims of the conflict could help to depoliticize mourning. The veiled apology made by
Prime Minister Wickremesinghe on 6 December 2016 to the people of the North for the
destruction of the Jaffna Library in 198110 may also be considered a positive step towards
reconciliation, even if it was made informally during a parliamentary debate.
C.
Emblematic cases
31.
A State’s capacity or willingness to address impunity for gross violations and abuses
of international human rights law and serious violations of international humanitarian law
can, in part, be assessed by its approach to complex, serious cases. Successful prosecutions,
conducted in accordance with international standards, could serve to build public and
15
16
8
Maaveerar Naal (“Great Heroes’ Day”) could be construed as either a day commemorating deceased
relatives or a celebration of fallen militants of the Liberation Tigers of Tamil Eelam (LTTE).
The destruction of the Jaffna Library is commonly considered the symbolic turning point in the North
and East conflict.
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