A/HRC/40/23
officials, particularly in several ministries, the Secretariat for Coordinating
Reconciliation Mechanisms, the Office on Missing Persons, the Office for National
Unity and Reconciliation and the Human Rights Commission, who have relentlessly
endeavoured to push the human rights and reconciliation agenda forward.
63.
The importance of the separation of powers, the independence of the judiciary
and other checks and balances in a democratic society was highlighted by a number of
situations in 2018. The judiciary and independent commissions, including the Human
Rights Commission, continue to play a vital role in strengthening reforms and
cementing good governance in Sri Lanka.
64.
The lack of progress shows that the situation of human rights in Sri Lanka should
remain firmly on the agenda of the Human Rights Council. The High Commissioner
therefore urges the Council to remain closely engaged with the Government of Sri
Lanka and to continue to monitor developments in the country.
65.
In particular, the High Commissioner highlights the recommendations below,
and reiterates some already made in previous reports.
A.
Government of Sri Lanka
66.
The High Commissioner recommends that the Government of Sri Lanka:
(a)
Implement the recommendations made in the report of the Consultation
Task Force on Reconciliation Mechanisms to frame and guide all future transitional
justice processes, and to continue engagement with the public in the design of such
mechanisms;
(b)
Prepare a comprehensive strategy on transitional justice, with a timebound plan to implement the pending commitments made within the context of Human
Rights Council resolution 30/1 and the recommendations made in the present and
previous reports of the High Commissioner submitted to the Council;
(c)
Invite OHCHR to establish a full-fledged country office to monitor the
situation of human rights in Sri Lanka, to advise on the implementation of the
recommendations made by the High Commissioner, the Human Rights Council and
other human rights mechanisms, and to provide technical assistance;
(d)
Invite the Special Rapporteur on truth, justice, reparations and
guarantees of non-recurrence to continue the engagement under his mandate in the
above-mentioned process; the Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment to examine allegations of torture and related
human rights violations; and the Special Representative of the Secretary-General on
Sexual Violence in Conflict to visit Sri Lanka and to provide expert advice, including
on relevant reforms.
67.
With regard to institutional reforms, the High Commissioner recommends that
the Government:
(a)
Publicly issue unequivocal instructions to all branches of the military,
intelligence and police forces that torture, sexual violence and other human rights
violations are prohibited, and will be investigated and punished; and order all security
forces to immediately end all forms of surveillance and harassment of and reprisals
against human rights defenders, social actors and victims of human rights violations;
(b)
Develop a full-fledged vetting process, respecting due process, in order to
remove from office security personnel and other public officials involved in human
rights violations; implement other reforms of the security sector to strengthen
accountability and civilian oversight; and apply stringent screening procedures for
units and individuals applying to serve in United Nations peace operations;
(c)
Establish an independent mechanism to determine specific cases in which
land must be allocated for military use owing to security reasons, and identify
appropriate compensation or substitution for land owners or occupants;
13
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