A/HRC/40/23
Court on 14 December, restrained the functioning of the Prime Minister and Cabinet. On
13 December, the Supreme Court decided that Presidential Gazette No. 2096/70 that
dissolved the parliament was ultra vires and unconstitutional. On 15 December, Mahinda
Rajapaksa resigned, and on 16 December Ranil Wickremesinghe was once again sworn in as
Prime Minister.
13.
The High Commissioner joins the Secretary-General in welcoming the resolution of
the political crisis in Sri Lanka through peaceful, constitutional means, and applauds the
resilience of the country’s democratic institutions. Nonetheless, for seven weeks, the
legitimacy and the legality of a number of authorities were in question, which led to further
delays in the implementation of the recommendations made in Human Rights Council
resolution 30/1, for instance owing to staff changes in key institutions and uncertainty with
regard to reporting lines.
B.
Developments in transitional justice
14.
In Human Rights Council resolution 30/1, the Council encouraged the Government of
Sri Lanka to implement a transitional process, which would entail the establishment of a
judicial accountability mechanism, truth-seeking initiatives, including a truth commission,
and an office on missing persons, a reparations programme and institutional reforms.
15.
In the most recent report on the implementation of Human Rights Council resolution
30/1 submitted to the Council in February 2018 (A/HRC/37/23), the High Commissioner
noted that, while the institutional architecture had been incipiently established to take the
transitional justice process forward, concrete results were yet to come. As at December 2018,
this remained the case. Although steps have been taken in institution-building (such as
adoption of legislation, the recruitment and training of staff and the identification of office
space) since 2017, they have yet to produce concrete benefits for individual rights holders (in
the form of, for instance, the identification of missing persons, the provision of reparations
and the issuance of court verdicts). Such slow progress in establishing meaningful transitional
justice measures has engendered mistrust among victims and other stakeholders.
16.
The political crisis at the end of 2018 further obstructed progress owing not only to
the temporary paralysis of institutions but also because it generated fears that another
Government might not embrace the reconciliation agenda. There were also concerns among
key stakeholders that a return to power of the pre-2015 administration could have negative
implications for their security and the human rights situation in general. In particular, during
the crisis, the work of the Secretariat for Coordinating Reconciliation Mechanisms 4 – the
body mandated to lead and coordinate transitional justice efforts – was hampered, given that
its Secretary-General had resigned on 30 October and a number of its staff contracts were
terminated on 30 November. Some staff members were reportedly subjected to surveillance
and threats within hours of the removal of Prime Minister Wickremesinghe. The SecretaryGeneral and staff resumed their work in late December.
17.
The High Commissioner acknowledges the efforts made to establish bodies like the
Secretariat for Coordinating Reconciliation Mechanisms and the Office for National Unity
and Reconciliation, and applauds the commitment and professionalism of their staff. The
Government has, however, lagged in the actual implementation of its commitments, beyond
the establishment of coordinating bodies. The situation has been compounded by the lack of
a comprehensive strategy or action plan setting out a timeline for the establishment of the
various transitional justice mechanisms and the linkages between them.
18.
The current mandate of the Secretariat for Coordinating Reconciliation Mechanisms,
which continues through March 2020, plays a key role in the coordination of initiatives and
supporting the design of the processes and communications used in transitional justice and
reconciliation.
4
4
See www.scrm.gov.lk.
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