A/HRC/45/45/Add.1
many of them multiple times. Although progress had been made on resettlement, over
40,000 persons were yet to be resettled. Internally displaced persons have expressed a
strong desire to return to their places of origin. The occupation of land by the military,
sometimes for economic activities, coupled with the presence of landmines, the lack of
titles and other documentation, and the deliberate resettlement of southern Sinhalese people
in the North are preventing the return of displaced people, whose access to education,
livelihoods and voting rights are consequently compromised. They are also exposed to
harassment by host communities and face inadequate access to employment and even
sanitation. The failure to address land disputes has also posed serious challenges for the
implementation of the National Policy on Durable Solutions for Conflict-Affected
Displacement, approved by the Cabinet in August 2016.32
59.
The Special Rapporteur was further informed that there had been little or no
consultation with internally displaced persons during the relocation process and that, in
many cases, the land provided for their resettlement was not suitable for livelihood
activities. Additionally, the newly constructed houses lacked access to basic services and
infrastructure, including roads, schools and hospitals. In some cases, government
compensation to repair destroyed houses had proved insufficient to meet costs, fuelling a
debt crisis.
60.
Taking into consideration the huge impact that the conflict and violations have had
on women, the Special Rapporteur urges the Office for Reparations, in developing its
policies and guidelines, to conduct specific consultations throughout the country, seeking
the views of victims, families of victims, communities and others, especially the tens of
thousands of widows and other female victims in the country, so that reparations provide
concrete remedies to victims, promote reconciliation and assist in restoring public trust in
the State.
61.
Reparations also include rehabilitation measures. The Special Rapporteur met
victims from different ethnic and religious communities across the country and persons
victimized during different periods of violence, who had experienced prolonged suffering,
an agonizing absence of information and dismissive, unresponsive or “transaction-focused”
bureaucrats, as well as negative and unsuccessful experiences with ad hoc mechanisms.
These mechanisms were cited by many victims as sources of retraumatization. Psychosocial
support is a critical foundation on which communities can build their recovery and is
essential not only for mobilizing participation in transitional justice mechanisms but, more
broadly, for enabling people to engage with others on a secure footing. Nowhere is the
claim of the transformational potential of reparations more justified than with regard to the
type of psychosocial support that may help victims overcome trauma. Transitional justice
measures are meant to strengthen the idea that people are rights holders.
62.
Psychosocial support is needed throughout Sri Lanka but particularly in the North
and East, where trauma and tensions have been exacerbated by official denials of the
suffering experienced by Tamil civilians during the civil war, the presence of uniformed
personnel and other forms of surveillance, the proliferation of victory monuments and the
obstacles to local forms of memorialization. Civil society representatives have pointed out
that existing psychosocial support is unevenly distributed, citing a lack of support for the
Muslim community and for victims of sexual and gender-based violence, and a reluctance
of former Tamil Tigers to seek such support for fear of scrutiny from security personnel.
They have also cited a dearth of Tamil-speaking counsellors.
63.
Since the need for psychological support is mentioned in both the Office for
Reparations Act and the August 2018 interim report of the Office on Missing Persons, 33 the
Special Rapporteur will not belabour the point in the present report, except to reiterate that
psychosocial support will ring hollow unless changes are made to other factors affecting the
levels of stress and suffering of the victims. In addition, given the slow pace of the
operationalization of the Office on Missing Persons and the Office for Reparations, means
of establishing victims’ assistance programmes, including psychosocial support, before fullfledged reparations are made, should be considered.
32
33
12
A/HRC/34/20, para. 49. See also http://nirmin.gov.lk/web/images/pdf/national-policy-on-durablesolutions.pdf.
See https://docs.wixstatic.com/ugd/bd81c0_3a8b43afeb334c66b2233cbeac3b3fcf.pdf.
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