A/HRC/22/38
clear or appropriate;10 and several recommendations are delegated to bodies yet to be
established.11
V. Areas of concern identified in Human Rights Council
resolution 19/2
13.
In the section below, the recommendations made by the Lessons Learnt and
Reconciliation Commission and the steps proposed by the Government in the national plan
of action are examined in greater detail as are more recent developments in the areas
highlighted by the Human Rights Council in resolution 19/2 (in the fifth preambular
paragraph), with a view to pinpointing possible areas of advice and assistance by OHCHR
and relevant special procedures.
A.
Rule of law and the administration of justice
14.
In its report, the Lessons Learnt and Reconciliation Commission stressed that an
independent judiciary, transparent legal process and strict adherence to the rule of law are
essential for peace and stability. It identified a number of areas in which the integrity of key
rule of law institutions had been compromised or where they could be further reformed and
strengthened to promote reconciliation and generate confidence in the administration of
justice (paras. 5.155-156, 5.163, 8.185-194 and 9.266-267).
15.
The Commission welcomed the lifting of the Emergency Regulations in August
2011, but expressed its hope that subsequent regulations would not impair any benefits
therefrom (para. 9.56). Unfortunately, many provisions of the Emergency Regulations that
curbed key rights, particularly related to due process, remain as provisions or regulations of
the Prevention of Terrorism Act. The Act was, for instance, recently used to arrest four
students from Jaffna University for their reported involvement in an event held at the
university to mark an LTTE commemorative day on 27 November; two were released on
22 January 2013. The Committee against Torture also noted in its concluding observations
on Sri Lanka that the President continued to invoke Section 12 of the Public Security
Ordinance (Chapter 40) to allow the armed forces to retain policing powers in all 25
districts (Presidential Order of 6 August 2011).12
16.
The Lessons Learnt and Reconciliation Commission called for the Police
Department to be delinked from the Ministry of Defence (para. 9.214). The Commission
also emphasized the importance of an independent judiciary and independent commissions,
such as the public service commission and police commission, upholding the rule of law
(paras. 9.202, 9.215 and 9.226). International human rights mechanisms13 previously
expressed concern that the independence of these key institutions had been undermined by
the 18th amendment to the Constitution adopted in 2010, which empowered the President
to appoint members of these commissions directly, as well as senior judicial posts. This
concern deepened recently when the Chief Justice was impeached following a series of
attacks and acts of intimidation against judges and judicial officers, which the High
10
11
12
13
6
See for example the activities in the national plan of action in relation to the Commission
recommendations in paras. 9.9, 9.37, 9.39, 9.218 and 9.285.
See for example the activities in the national plan of action in relation to the Commission
recommendations in paras. 9.126, 9.128-129, 9.131-136, 9.150, 9.214 and 9.277.
CAT/C/LKA/CO/3-4, para. 10.
A/HRC/WG.6/14/LKA/2, para. 2.
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