Recommendations A/HRC/33/51/Add.2 Measures taken/current situation Situation during the visit A/HRC/33/51/Ad d.2 Level of implementation and observations (to be completed by the WGEID) Families of the Disappeared 83). ( a ) – ( m) This is the most difficult part in implementing , the resolution, The President directly oppose nearly in his every speech, that he will never allow anyone to be in judicial mechanism. . Now he always mentions Human Rights as an obstacle in going ahead with rule of law. Though the resolution was approved, without changing anything giving 2 more years, will also not make much effect on president’s position. Next year 2020 will be a year of elections. We are not sure about what will happen. If present President or previous Mahinda’s group come to power, then they will not cooperate as this government. But this government is also not as popular as in the beginning. ICJ No steps have been taken in this regard. Several high-level Government officials including the President and the Prime Minister have expressly stated that foreign judges will not be included in any accountability mechanism. More recently the Minister of Foreign Affairs stated at the 40th session of the UNHRC that a constitutional amendment (with a 2/3rds majority in parliament and approval of the people at a referendum) would be needed for foreign judges to be included in any judicial accountability mechanism to be implemented in Sri Lanka. The ICJ considers this assertion to be unjustified ITJP NB. International investigators are routinely brought in for other crimes by the GOSL but not those related to the conflict. Government – September 2019 During the 40th Session of the Human Rights Council, the Government of Sri Lanka explained its position on the establishment of the special judicial mechanism under UNHRC Resolution 30/1 as follows: 69 A/HRC/42/40/Add.1 “The Government of Sri Lanka at the highest political level has publicly explained the constitutional and legal challenges that preclude it from including non-citizens in its judicial processes. It has been explained that if non-citizen judges are to be appointed in such a process, it will not be possible without an amendment to the Constitution by 2/3 of members of the Parliament voting in favour and also the approval of the people at a referendum.”