A/HRC/22/38
that would examine the different accounts of past events and the history of the conflict,
including its root causes, provide an inclusive narrative of why it happened, contribute to
the creation of a historical record and bring clarity to the question of casualty figures. Last
but not least, such a mechanism could also permit effective progress in resolving the cases
of disappeared and missing persons pending proper criminal investigations.
58.
Regarding past cases of serious violations of human rights identified by the Lessons
Learnt and Reconciliation Commission, the High Commissioner urged for the publication
of the presidential commission of inquiry report of 2006 and offered assistance in
identifying international experts in criminal and forensic investigations to review relevant
case files and advise on additional lines of inquiry that could help to resolve these cases in
accordance with international standards. Advice was also offered for the drafting of 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. Best practices and
comparative experiences were also offered to help strengthen and ensure the independence
of national institutions.
59.
The High Commissioner also offered technical advice in the development of a
national reparations policy in accordance with international standards, and suggested that
the Government consider engaging with the Special Rapporteur on the promotion of truth,
justice, reparation and guarantees of non-recurrence, who could provide valuable advice in
this field. The High Commissioner also recommended that the Government invite the
Special Rapporteur on the human rights of internally displaced persons to undertake a
country visit to examine and advise on issues falling under his mandate, as well as respond
positively to the eight outstanding requests for country visits by other special procedures.
60.
The High Commissioner stressed the importance of a comprehensive approach
addressing all the elements of transitional justice, including criminal justice and
accountability, and of clear benchmarks with which to measure progress, based on Sri
Lanka’s international human rights obligations. She expressed her hope of seeing
meaningful progress in the areas described above before her country visit in the first half of
2013. In a letter of reply dated 17 December 2012, the Minister for External Affairs
suggested that the High Commissioner visit Sri Lanka in early 2013 to assess first-hand the
situation on the ground, which would then provide a meaningful basis on which to identify
possible areas of technical assistance.
VII. Conclusion and recommendations
61.
Achieving reconciliation following decades of violence and mistrust is
challenging in any context, but is only possible through a genuine, consultative and
inclusive process that addresses the grievances of all those affected by the conflict, in
an environment where the rule of law and human rights for all are respected.
62.
While the Lessons Learnt and Reconciliation Commission had some limitations,
it nonetheless made significant and far-reaching recommendations for reconciliation
and strengthening the rule of law. This was widely heralded by prominent community
figures, religious leaders and civil society in Sri Lanka eager to join hands in a
genuinely consultative and inclusive reconciliation process. The Government therefore
has a unique opportunity to build upon the Commission’s work and findings to move
towards a more all-encompassing and comprehensive policy on accountability and
reconciliation. Unfortunately, however, the Government has made commitments to
only some of the Commission’s recommendations, and has not adequately engaged
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