A/HRC/40/23
IV. Other human rights issues
52.
Since 2015, the general situation has improved with regard to civil and political rights:
there have been advances with respect to freedom of expression and assembly, incipient
efforts made to consult representatives of civil society, a robust right to information
framework has been established, and independent commissions, such as the Human Rights
Commission, have been strengthened, and relations between security forces and civilians
have improved. As noted above, commendable progress has also been witnessed in the
State’s cooperation with United Nations human rights mechanisms. Certain parts within the
administration, in particular in the Ministry of Foreign Affairs, the Secretariat for
Coordinating Reconciliation Mechanisms, the Office for National Unity and Reconciliation
and the independent commissions, have been consistent in their commitment and
determination to improve the human rights situation.
53.
The Human Rights Commission has continued to work in an independent manner. On
29 May, it was re-accredited with A status by the Global Alliance of National Human Rights
Institutions, and within the context of the Optional Protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Government has
designated it the national preventive mechanism.
54.
The Right to Information Act, in force since June 2016, has fostered public
accountability and transparency. Applications made under the law have brought to light
information about land occupation and the drafting of legislation, and helped to fight
corruption, while increasing public participation in policymaking.
55.
Some serious concerns nonetheless persist. Reports of harassment or surveillance of
human rights defenders and of victims of human rights violations have continued. In 2018,
at least two incidents were reported involving the assault of human rights defenders by
unidentified aggressors, presumably in connection to their advocacy on cases of
disappearance. Other human rights defenders have reported being questioned by the
authorities after having travelled to Geneva to attend sessions of the Human Rights Council.
One Sri Lankan United Nations staff member was visited by armed men who questioned him
about his activities in support of visits by diplomats and United Nations officials, including
the United Nations High Commissioner for Human Rights in 2013. Such cases suggest that
informal and often extralegal intelligence gathering activities have not ceased, despite the
recommendations made thereon. The surveillance or intimidation of victims and activists is
incompatible with the reconciliation agenda, and perpetuates a mistrust in State institutions
that could undermine the effectiveness of transitional justice mechanisms. If such acts do not
represent government policy, as the High Commissioner was repeatedly assured, the
Government must denounce them publicly and ban them, and take disciplinary, and when
relevant, judicial action against the officers concerned.
56.
OHCHR has continued to receive credible information about cases of abduction,
unlawful detention, torture and sexual violence by Sri Lanka security forces, which allegedly
took place in 2016 to 2018. A preliminary assessment of the information received indicates
that there are reasonable grounds to believe that accounts of unlawful abductions and
detention and of torture, including incidents of sexual violence against men and women, are
credible, and that such practices might be continuing in northern Sri Lanka. Such allegations
should be the subject of prompt, effective, transparent, independent and impartial
investigations. In the past, the Government has condemned any act of torture, and indicated
that any allegation of torture would be properly investigated and prosecuted. OHCHR is not
aware of any investigations undertaken to date into the above-mentioned allegations.
57.
The High Commissioner expresses her concern at the appointment, on 9 January 2019,
of Major General Shavendra Silva as the Chief of Staff of the Sri Lanka Army. Major General
Silva was the commanding officer of the 58th Army Division during the last stages of the
war, and allegations were documented against troops under his command in connection with
violations of international humanitarian law and international human rights law, including by
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