A/HRC/44/50/Add.1
22.
In spite of these positive gains, the delay in operationalization of the two Offices,
along with the continued occupation of large areas of land by the military, places caveats on
the progress achieved. Meanwhile, in spite of two follow-up resolutions to Human Rights
Council resolution 30/1 – specifically, Council resolutions 34/1 in 2017 and 40/1 in 2019 –
governmental support for the commitments contained in the resolutions is reportedly
wavering. In particular, the establishment of an accountability mechanism has been
stymied, inter alia, by disagreements regarding the involvement of international judges on
any such tribunal, a requirement that is considered essential to assert the legitimacy of such
a mechanism in the eyes of the public.2 Indeed, at this point, no progress has been made
domestically in addressing impunity for past human rights violations committed during the
conflict.
23.
During his discussions with relevant interlocutors, the Special Rapporteur heard
numerous and repeated concerns about the possibility of rollbacks on the above-mentioned
democratic gains. The Acts establishing both the Office on Missing Persons and the Office
for Reparations can be repealed with a simple majority vote, and their Commissioners can
be removed in the same way. Moreover, the back and forth between the Eighteenth and
Nineteenth Amendments regarding the role of the President and the Constitutional Council
demonstrates the fragility of the democratic gains made over the last five years. A new
amendment abolishing the Constitutional Council and the limits on executive power could
undo the progress made thus far, compromising the independence of institutions or
abolishing them completely.
24.
The Special Rapporteur considers, as mentioned in his end of mission statement, 3
that a concerted effort must be put into the continued safeguarding and promotion of these
institutions, ensuring that they are sufficiently robust to maintain independence and
functionality throughout all democratic transitions. From his discussions with the
Government and all sectors of society, the leitmotif of a desire for public freedoms, rule of
law, peace and democracy was clearly visible throughout.
C.
Normative and institutional framework
25.
Sri Lanka is a party to all international human rights treaties, with the exception of
the Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty. It has also accepted the individual complaints
procedures under the first Optional Protocol to the International Covenant on Civil and
Political Rights and the Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women. However, in a Supreme Court judgment known
as the Singarasa case, the Court declared the accession to the first Optional Protocol to the
Covenant to be unconstitutional, owing in part to the extension of judicial powers to the
Human Rights Committee, leading the Government to adopt the International Covenant on
Civil and Political Rights Act, No. 56 of 2007.
26.
The year 2015 saw a landmark development with regard to transitional justice, with
the adoption of Human Rights Council resolution 30/1, which was co-sponsored by Sri
Lanka and which outlined a pathway towards the full implementation of transitional justice
mechanisms in the country. Those efforts were supported by the United Nations through the
operationalization of the Sri Lanka Peacebuilding Priority Plan, with support from the
Peacebuilding Fund. As noted above, progress on achieving these proposed reforms has
been slow. There are, however, three notable developments in this regard: the return by the
military of large areas of previously occupied civilian lands (47,604 acres as at 12 March
2019), the establishment of the Office on Missing Persons and the establishment of the
Office for Reparations.
2
3
See https://lk.one.un.org/news/full-statement-by-pablo-de-greiff-un-special-rapporteur-on-thepromotion-of-truth-justice-reparation-and-guarantees-of-non-recurrence-at-the-conclusion-of-hisofficial-visit/.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24818&LangID=E.
5
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