A/HRC/37/23
Policy, the Secretariat for Coordinating Reconciliation Mechanisms and special
programmes to address the needs of war- and conflict-affected widows and ex-combatants
in the Northern and Eastern Provinces and to support differently abled women, among
others.
21.
On 21 September 2017, the Prime Minister presented the interim report of the
Steering Committee on Constitutional Reform. This is a step towards the implementation of
commitments under resolution 30/1 “on the devolution of political authority, which is
integral to reconciliation and the full enjoyment of human rights by all members of its
population” (para. 16).
22.
The Human Rights Commission of Sri Lanka has continued to work in an
independent and competent manner. Thorough and outspoken, it has shown the potential of
independent institutions to strengthen the system of protection of human rights. Its
participation in the process leading to the establishment of a domestic screening process for
potential United Nations peacekeepers has been a positive example of cooperation between
State institutions, without compromising independence or commitment. The High
Commissioner reiterates the need for all parts of the Government to support independent
commissions and fully respect their independence.
B.
Preconditions for transitional justice and confidence-building measures
23.
Concerns expressed in the previous reports of the High Commissioner with regard to
the protection of victims and witnesses persist. The partial review of the Assistance to and
Protection of Victims of Crime and Witnesses Act of 2015, which included consultations
with stakeholders in the form of a call for submissions, is positive but insufficient to
address the significant shortcomings of the legislation with respect to cases involving State
agents. On 7 November 2017, an amendment bill was passed in Parliament, but the only
important innovation it brings is that Sri Lankan expatriates can now give evidence through
Sri Lankan missions in their countries of residence. The High Commissioner reiterates the
urgent need to review the Act in order to incorporate strong safeguards to ensure that an
effective system of protection is available to victims and witnesses. This is particularly
important in the framework of the transitional justice agenda which may require specific
protection mechanisms.
24.
A pending crucial confidence-building measure and a key commitment of the
Government is the review and repeal of the Prevention of Terrorism Act. Draft legislation
in the form of a counter-terrorism act was approved by the Cabinet on 25 April 2017. The
visit of the Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism in July 2017 provided opportunities to
discuss shortcomings in the draft act, and the Government has engaged in discussions with
various experts. The High Commissioner encourages the Government to take the
recommendations received into account to improve the text and to engage in public
consultations with civil society and other stakeholders on the draft legislation. He also
urges the Government to promptly repeal the Prevention of Terrorism Act and not
necessarily wait for the replacement legislation to be finalized, as the ordinary criminal
procedure framework should provide enough tools to handle investigations in the interim.
25.
According to information provided by the Government, as of 18 January 2018, the
cases still pending under the Prevention of Terrorism Act involved 72 persons on remand,
11 persons pending indictment after completion of investigations and 61 persons with
indictments before the high courts. According to the Government, since the previous report
of the High Commissioner, the Act has not been applied in new arrests.
26.
The restitution of land held by the military in the Northern and Eastern Provinces is
still incomplete. The harbour of Myladi and 54 acres of land were released on 3 July 2017
for fishing purposes after a 30-year ban, and in total 842 acres of private land and 4,318
acres of State land were released between January and December, according to government
figures. Government plans indicate the need for the security forces to retain 36,002 acres
(of which 5,327 acres are private land).
6
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