A/HRC/22/38
civil society to support this process. The steps taken by the Government to investigate
allegations of serious violations of human rights further have also been inconclusive,
and lack the independence and impartiality required to inspire confidence.
63.
The High Commissioner recommends that the Government of Sri Lanka:
(a)
Give positive consideration to the offers of assistance made in her letter
dated 26 November 2012, in particular expertise in:
(i)
The establishment of a truth-seeking mechanism as an integral part of a
more comprehensive and inclusive approach to transitional justice;
(ii)
Criminal and forensic investigations to review relevant case files and
advise on additional lines of inquiry to resolve outstanding cases in accordance
with international standards;
(iii) Drafting laws dealing with witness and victim protection, the right to
information, the criminalization of enforced disappearances and the revision of
existing laws to bring them into line with the International Covenant on Civil
and Political Rights and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
(iv)
Strengthening and ensuring the independence of national institutions;
(v)
The development of a national reparations policy in line with
international standards;
(b)
Invite special procedures mandate holders with outstanding requests to
make country visits, particularly those who have offered assistance pursuant to
Human Rights Council resolution 19/2;
(c)
Hold public and inclusive consultations on the national plan of action for
implementation of the recommendations of the Lessons Learnt and Reconciliation
Commission with a view to revising and expanding its scope and clarifying
commitments and responsibilities;
(d)
Revisit and implement the Commission’s recommendation on appointing
a special commissioner of investigation into disappearances, and extend tracing
programmes to include all missing persons;
(e)
Open proceedings of military courts of inquiry and future trials of LTTE
detainees to independent observers to increase public confidence, and allow
proceedings to be evaluated in line with international standards;
(f)
Publish the final report of the presidential commission of inquiry 2006 to
allow the evidence gathered to be evaluated and accept international assistance to
resolve outstanding cases;
(g)
Take further steps in demilitarization and devolution to involve minority
communities fully in decision-making processes;
(h)
Engage civil society and minority community representatives in dialogue
on appropriate forms of commemoration and memorialization that will advance
inclusion and reconciliation.
64.
The High Commissioner noted the views expressed by many stakeholders in Sri
Lanka, including prominent community leaders, that the attention paid by the Human
Rights Council to issues of accountability and reconciliation in Sri Lanka had helped
to create space for debate, and catalyzed positive steps forward, however limited at
this stage. The High Commissioner encourages the Council to continue its engagement
and build on this momentum. In this regard, she reaffirms her long-standing call for
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