A/HRC/37/23
7.
Welcoming the efforts made by the Government to continue to engage with the
special procedures and the treaty bodies, the High Commissioner reiterates the call on the
Government to set out a clear plan of action to implement the key recommendations of
these human rights mechanisms. On 5 December 2017, Sri Lanka acceded to the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, a step in the right direction towards strengthening efforts to
prevent torture. The Cabinet of Ministers has identified the Human Rights Commission of
Sri Lanka as the national preventive mechanism for the purpose of compliance with the
Optional Protocol.
8.
OHCHR continued to provide the Government with technical assistance through its
presence in Sri Lanka and the deployment of expert missions. It also provided financial and
technical support to the archiving and dissemination of the materials of the 2016 national
consultations and the domestic screening processes for military personnel to be deployed in
peacekeeping operations. OHCHR also provided advice on the review of the counterterrorism legislation. OHCHR continued advising on various aspects of transitional justice,
including through the United Nations Peacebuilding Fund, in coordination with the United
Nations country team and the Resident Coordinator. OHCHR continued to work closely
with the Human Rights Commission of Sri Lanka and civil society organizations.
III. Developments in reconciliation and accountability
A.
Overall developments in transitional justice
9.
In resolution 30/1, the Human Rights Council expressed support for the commitment
by the Government of Sri Lanka to implement a comprehensive transitional justice agenda
that would include the establishment of an accountability mechanism, truth-seeking,
reparation programmes and institutional reforms. Through resolution 34/1, the Council
granted the Government two additional years to demonstrate progress. While
acknowledging that transitional justice processes may need longer periods to fully conclude
their identified goals and outcomes, the structures and legislative framework for them to
function could realistically have been put in place within a 2 1/2-year time frame.
10.
The High Commissioner notes that while the institutional architecture has been
established only incipiently to take the transitional justice process forward during this time
frame, concrete results have yet to be delivered.
11.
In a positive step, in October 2017, the mandate of the Secretariat for Coordinating
Reconciliation Mechanisms was extended until March 2019.2 While recognizing that this
entity has acquired expertise and knowledge, it is of concern that neither it nor the Office
for National Unity and Reconciliation 3 have significantly grown in strength or resources
since the High Commissioner’s previous report, of March 2017. The several technical
working groups tasked with drafting blueprints for the accountability and reconciliation
mechanisms were dismantled after submitting their initial drafts, and the results of their
efforts have not been made publicly available. The new Interministerial Coordination
Committee put in place last year has met only once. A committee of senior officials has
been established under the Interministerial Committee and reportedly holds regular
meetings.
12.
A comprehensive transitional justice strategy, including a clearly defined timeline
for implementation, has yet to be made publicly available and consulted. The report of the
Consultation Task Force on Reconciliation Mechanisms, one of the few positive elements
highlighted in the previous reports of the High Commissioner, has not yet been endorsed or
officially reviewed by the Government or the Parliament. It is of concern that the
implementation of these important commitments remains pending.
2
3
4
See www.scrm.gov.lk.
See www.onur.gov.lk.
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