A/HRC/44/50/Add.1
B.
Democratic advances
16.
Despite a lack of progress in implementing some of the commitments in Council
resolution 30/1, some key achievements with regard to democratization, good governance,
post-conflict reconciliation and transitional justice must be acknowledged and safeguarded.
Among those achievements was the entering into force of the Nineteenth Amendment to the
Constitution, which was passed on 15 May 2015.
17.
The Amendment provided for a number of reforms, including placing limitations on
the Executive Presidency. Article 3 of the Amendment reduced the presidential term, while
article 4 reintroduced the two-term limit, which had been abolished under former President
Mahinda Rajapaksa. According to article 9, the President can no longer remove the Prime
Minister at his own discretion, and must act on the Prime Minister’s advice when
appointing or removing any Cabinet Minister, non-Cabinet Minister or Deputy Minister.
Furthermore, article 17 places limits on the President’s ability to dissolve Parliament.
18.
The Amendment also established a number of independent commissions, and
reintroduced the Constitutional Council, which had been abolished by the Eighteenth
Amendment in 2010. The Constitutional Council has a number of important powers,
especially with regard to the appointment or removal of members of a number of important
independent commissions that carry out vital work, including the Election Commission, the
National Police Commission and the Human Rights Commission, which was accredited
with “A” status in 2018 under the principles relating to the status of national institutions for
the promotion and protection of human rights (the Paris Principles). The members and
Chairpersons of these commissions can only be appointed by the President upon the
recommendation of the Council.
19.
Another significant element of the Nineteenth Amendment was the specific
inclusion, in its article 2, of the right of access to information, as provided for by law,
which was incorporated into article 14 (a) of the Constitution. This right was supplemented
by the Right to Information Act No. 12 of 2016, which also established the Right to
Information Commission. Since its introduction, this law has been hailed as one of the best
examples of right to information laws globally and has made a significant impact with
regard to the transparency, democracy and accountability of institutions. Laws such as this
provide civil society actors with access to valuable information that they can use for a
number of purposes, including advocacy, accountability and human rights education.
Indeed, during his visit, a large number of relevant interlocutors mentioned their
satisfaction with the Act; however, concerns were raised on a number of occasions, with
regard to the understanding of this right by right-to-information officers on provincial
councils.
20.
The Office on Missing Persons was established in 2016 in accordance with the
Constitution and in line with the country’s commitments under Council resolution 30/1.
The Office has the objective of tracing and finding missing people, and documenting the
circumstances of their disappearance. At the time of the visit, the Office had three regional
offices, with one more yet to be opened. While the Office has the potential to make a
difference, and although some members of the Office have strong human rights
backgrounds, it suffers from a lack of trust from victim communities. Among other
challenges, the Special Rapporteur has heard repeatedly that victims in the north and east of
the country are distrustful of the Office, which they see as being Government-aligned. At
the same time, victims in the south feel that the Office is only concentrating its efforts on
the north and east.
21.
The Office for Reparations was established by Office for Reparations Act No. 34 of
2018, passed in Parliament on 10 October 2018, with members being appointed on 1 April
2019. The Office’s first action was to compensate the victims of the Easter Sunday
bombings, which it completed at the end of July 2019. While the Special Rapporteur
acknowledges the swift action of this Office to compensate these victims, he recalls that
compensation to the victims of the armed conflict, in line with the country’s transitional
justice obligations, is still overdue.
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