A/HRC/40/23 findings of the investigation conducted by OHCHR in 2015, which demonstrated that there were reasonable grounds to believe that gross violations of international human rights law, serious violations of international humanitarian law and international crimes had been committed by all parties during the period under review; and that indeed, if established before a court of law, many of the allegations may, depending on the circumstances, amount to war crimes if a nexus were to be established with the armed conflict and/or crimes against humanity if committed as part of a widespread or systematic attack against a civilian population (A/HRC/30/61, para. 24).9 Since 2015, virtually no progress has been made in investigating or prosecuting domestically the large number of allegations of war crimes or crimes against humanity collected by OHCHR in its investigation, and particularly those relating to military operations at the end of the war. C. Preconditions for transitional justice and confidence-building measures 30. In previous reports, the High Commissioner has highlighted that, to be successful, a transitional justice agenda must enjoy the confidence of victims and society at large. This confidence can only develop when grievances are effectively addressed and the Government abides by its commitments, such as to the devolution of political authority, the protection of the rights of minorities and the settlement of long-standing issues relating to militarization, land occupation and security legislation. 31. Some small developments have been witnessed in the constitutional reform process since the Constitutional Assembly debated the interim reports of the steering committee (appointed by the Assembly on 5 April 2016 with, inter alia, a mandate to prepare a proposal for constitutional reform) in October and November 2017. In 2018, the steering committee met four times; on 11 January 2019, a panel of experts tabled its report, drawing on the interim report that could be used as a basis for a constitutional reform proposal. The High Commissioner was encouraged that the political dialogue continued, albeit at a slow pace, and that it focused on political settlement and devolution, and on strengthening the rights framework, including on economic, social and cultural rights. The developments of October 2018 have jeopardized such progress. The heated political confrontation has polarized the political spectrum in ways that could further hamper immediate progress in constitutional reform. 32. A key commitment of the Government in 2015 was to review and repeal the Prevention of Terrorism Act. Draft legislation in the form of a counter-terrorism law, with serious shortcomings, was approved by the Cabinet on 25 April 2017 and later withdrawn for revisions. An improved revised version was presented to the parliament on 9 October 2018. In a determination issued in November 2018 on the constitutionality of the revised bill, the Supreme Court ruled that the death penalty had to be included as punishment to prevent inconsistencies with the Penal Code. It also found that a reference in the bill relating to its compliance with the law, including international human rights instruments to which Sri Lanka is a party, was incompatible with the Constitution, which does not regard “international instruments” as law. The relevant oversight committee of the parliament will be required to take up the amendments proposed by the Supreme Court; meanwhile, there are concerns that other new amendments, reportedly suggested in Cabinet for incorporation at the parliamentary committee stage, might further weaken the bill’s compliance with international best practices. 33. The High Commissioner is concerned that, despite its lengthy preparation and the consultation of expert advice, the final bill might not comply fully with international human rights norms and standards. Even in its present form, the bill contains problematic features, such as an overly broad definition of terrorism. The High Commissioner urges Sri Lanka to continue to uphold the moratorium on the death penalty and to work towards prohibiting the practice altogether, recalling the fact that the United Nations opposes the use of capital punishment in all circumstances. The High Commissioner encourages the Government to seek the opinion of the Human Rights Commission of Sri Lanka when drafting legislation, 9 See also A/HRC/30/CRP.2, available from www.ohchr.org/en/hrbodies/hrc/pages/oisl.aspx. 7