A/HRC/22/38
organizing sporting and cultural events. The Government stressed that these are temporary
measures until civilian institutions took over these functions. However, consideration must
be given to whether adequate resources are being allocated for the capacity-building of
civilian institutions in post-war Sri Lanka, as well as to the perception of such a continued
visible military presence by the minority population in the north.
48.
In addition to the remaining designated high-security zones, the military occupies
land formerly occupied by civilians, such as Mullikulam in Mannar and Keppapulavu in
Mullaitivu, who have since been displaced as a consequence. It is not clear whether the
military presence in these areas is temporary or more permanent in nature; furthermore,
those dispossessed have made claims that due process was not followed and they have yet
to be properly compensated. In addition, and as noted by the Commission, the military is
also involved in various economic activities with an adverse impact on the local
population’s right to livelihood (paras. 9.171 and 9.227).
49.
General members of the public are required to give notice to the local army post
whenever they plan to hold a gathering, irrespective of size or the social or apolitical nature
of the event. Where external actors are expected to be present at the gathering, army
officers are known to attend and observe the proceedings. Non-governmental organizations,
which are expected to be registered with the Non-Governmental Organizations Secretariat,
must request authorization to undertake certain activities and keep the authorities informed
about, inter alia, sources of funding.
50.
The heavy military presence heightens the vulnerability of women and young girls
to violence and harassment and thereby restricts their freedom of movement, which has an
adverse impact on other aspects of their lives, including their livelihood opportunities and
access to education.27 The Lessons Learnt and Reconciliation Commission noted
particularly the impact of the armed conflict on certain groups, including women, and made
several recommendations acknowledging the role of women heads of households and the
hardships that they endure, including providing for such different needs as economic
assistance, educational opportunities and a more secure environment (paras. 9.87-90). None
of these recommendations were incorporated into the national plan of action.
G.
Reconciliation and reparations
51.
Among the recommendations made by the Lessons Learnt and Reconciliation
Commission to promote reconciliation included the establishment of a mechanism, in
consultation with interfaith groups, to serve as an early warning system to prevent future
conflict resulting from communal or religious tension (para. 9.270). In the national plan of
action, the Government proposes the continuation of existing practices to implement this
recommendation. The Government has assigned another relatively straightforward
Commission recommendation for the national anthem to be continued to be sung in both
Sinhala and Tamil (para. 9.277) for the consideration of a yet to be established
parliamentary select committee.
52.
The Commission made particular recommendations concerning the implementation
of the 13th amendment to the Constitution which, among others, provides for devolution of
powers to provincial councils. Calls have, however, increasingly been made from within the
Government for the repeal of the amendment in the wake of Supreme Court decisions in
favour of petitioners challenging the constitutionality of the Divineguma bill, presented in
July 2012, which sought to assume functions currently exercised by the provincial councils
27
14
See also CEDAW/C/LKA/CO/7, para. 41.
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