A/HRC/RES/30/1
6.
Welcomes the recognition by the Government of Sri Lanka that
accountability is essential to uphold the rule of law and to build confidence in the people of
all communities of Sri Lanka in the justice system, notes with appreciation the proposal of
the Government of Sri Lanka to establish a judicial mechanism with a special counsel to
investigate allegations of violations and abuses of human rights and violations of
international humanitarian law, as applicable; affirms that a credible justice process should
include independent judicial and prosecutorial institutions led by individuals known for
their integrity and impartiality; and also affirms in this regard the importance of
participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of
Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and
investigators;
7.
Encourages the Government of Sri Lanka to reform its domestic law to
ensure that it can implement effectively its own commitments, the recommendations made
in the report of the Lessons Learnt and Reconciliation Commission, as well as the
recommendations of the report of the Office of the High Commissioner,1 including by
allowing for, in a manner consistent with its international obligations, the trial and
punishment of those most responsible for the full range of crimes under the general
principles of law recognized by the community of nations relevant to violations and abuses
of human rights and violations of international humanitarian law, including during the
period covered by the Lessons Learnt and Reconciliation Commission;
8.
Also encourages the Government of Sri Lanka to introduce effective security
sector reforms as part of its transitional justice process, which will help to enhance the
reputation and professionalism of the military and include ensuring that no scope exists for
retention in or recruitment into the security forces of anyone credibly implicated through a
fair administrative process in serious crimes involving human rights violations or abuses or
violations of international humanitarian law, including members of the security and
intelligence units; and also to increase training and incentives focused on the promotion and
protection of human rights of all Sri Lankans;
9.
Welcomes the recent passage by the Government of Sri Lanka of an updated
witness and victim protection law and its commitment to review the law, and encourages
the Government to strengthen these essential protections by making specific
accommodations to protect effectively witnesses and victims, investigators, prosecutors and
judges;
10.
Also welcomes the initial steps taken to return land, and encourages the
Government of Sri Lanka to accelerate the return of land to its rightful civilian owners, and
to undertake further efforts to tackle the considerable work that lies ahead in the areas of
land use and ownership, in particular the ending of military involvement in civilian
activities, the resumption of livelihoods and the restoration of normality to civilian life, and
stresses the importance of the full participation of local populations, including
representatives of civil society and minorities, in these efforts;
11.
Encourages the Government of Sri Lanka to investigate all alleged attacks by
individuals and groups on journalists, human rights defenders, members of religious
minority groups and other members of civil society, as well as places of worship, and to
hold perpetrators of such attacks to account and to take steps to prevent such attacks in the
future;
12.
Welcomes the commitment of the Government of Sri Lanka to review the
Public Security Ordinance Act and to review and repeal the Prevention of Terrorism Act,
and to replace it with anti-terrorism legislation in accordance with contemporary
international best practices;
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