A/HRC/43/19
IV. Conclusions
36.
Some progress has been made by Sri Lanka in promoting reconciliation,
accountability and human rights in line with resolution 30/1, but the inability of the
Government to comprehensively address impunity and to reform institutions may
cause the recurrence of human rights violations. The High Commissioner urges the
Government to fully implement resolution 30/1, given that the commitments in it
remain essential to achieve the peaceful society and sustainable development aspired
to by people from all communities in Sri Lanka. Many of the commitments in
resolution 30/1 originated in the domestic process in Sri Lanka, notably the Lessons
Learned and Reconciliation Commission established by the Government during the
presidency of Mahinda Rajapaksa, and were elaborated on further in a
comprehensive national consultation led by civil society and involving all stakeholders,
including the military.19 The commitments in resolution 30/1 reflect the aspirations of
all communities seeking to overcome the legacy of decades of armed conflict,
terrorism and authoritarianism.
37.
Of critical importance are the independent institutions in Sri Lanka,
strengthened under the nineteenth Constitutional Amendment. The Human Rights
Commission of Sri Lanka has continued its proactive and outspoken defence of
human rights in an independent and professional manner. The High Commissioner
commends its timely interventions in the aftermath of the attacks of April 2019, which
played an important role in preventing resort to excessive or discriminatory measures.
The Right to Information Commission of Sri Lanka, established in 2016, is another
key institution to guarantee citizens’ right to access information from all public
authorities.
38.
As noted, other institutions can also play an important and positive role. The
Office on Missing Persons and the Office for Reparations were established to provide
answers for relatives of victims from all communities in Sri Lanka to clarify the fate of
missing and disappeared persons with a view to redress and reparations. It is essential
that their independence be scrupulously respected and that they be provided with
adequate resources to effectively fulfil their mandate.
39.
The space for civil society and critical and independent media, which had
widened in recent years, must also be protected. The High Commissioner urges the
authorities to immediately end the intimidating visits by State agents and all forms of
surveillance and harassment of and reprisals against human rights defenders, social
actors and victims of human rights violations and their families. The High
Commissioner is also concerned by hate speech and aggressive campaigns by some
militant nationalist and religious groups against ethnic, religious and other minorities,
particularly Muslims, and urges the Government to take measures to actively prevent
such extremism, to investigate and hold those involved in communal violence
accountable, and to take measures to prevent similar incidents, notably by curbing
hate speech.
40.
The High Commissioner is concerned that the failure to ensure accountability
for past violations and to undertake comprehensive security sector reforms to
dismantle the structures that facilitated them means that the people of Sri Lanka,
from all communities, have no guarantee that violations will not recur. Such failure
alienates victims and their communities, instilling distrust in the State, and has the
potential to fuel further cycles of violence. The High Commissioner urges the
Government to promptly investigate and prosecute all allegations of torture and other
gross human rights violations, and to give the highest priority to ensuring
accountability for long-standing emblematic cases.
41.
The High Commissioner encourages the Government to urgently proceed with
the review and repeal of the Prevention of Terrorism Act and to engage with the
Special Rapporteur on the promotion and protection of human rights and
19
8
See Consultation Task Force on Reconciliation Mechanisms, Final Report, vol. 1, 17 November 2016.
Available at http://war-victims-map.org/wp-content/uploads/2017/02/CTF-Final-Report-Volume-INov-16.pdf.
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