A/HRC/25/23
implement an additional 53 recommendations,19 bringing the total to 145 recommendations.
At the universal periodic review of Sri Lanka in November 2012, the Government stated
that some of the remaining Commission recommendations fell under the ambit and scope of
the national plan of action for the protection and promotion of human rights (2011-2016),
progress reports on which are not available in the public domain.
31.
In many instances, however, the specified activity in the national plan of action does
not fully correspond to or address the recommendations made by the Lessons Learnt and
Reconciliation Commission, or the activity has been only partially completed. For instance,
while recommendation 9.73 calls for the investigation of allegations against illegal armed
groups, the corresponding activity is the disarming of armed groups.20
32.
In other examples, recommendation 9.46 called upon the Government to direct law
enforcement authorities to take immediate steps to ensure that allegations of abductions,
enforced disappearances and arbitrary detention are properly investigated and perpetrators
brought to justice. The corresponding activity identified by the Government does not
respond to the call for investigations, but focuses on the capacity-building of police and
community policing.21 Recommendation 9.270 called for the establishment of interfaith
mechanisms to facilitate early warning and prevention of communal or religious violence,
but this is being implemented by civil defence committees established by the Ministry of
Defence during the war.22
33.
Little progress has been made with other key recommendations relating to justice
and accountability issues, a core concern for the Human Rights Council; for instance,
recommendation 9.120 urged the Government to implement the recommendations of the
report of the presidential commission of inquiry (the Udalagama Commission) appointed in
2006 to investigate alleged serious violations of human rights committed since August
2005,23 particularly the killing of five students in Trincomalee, in January 2006, and of 17
aid workers of Action contre la Faim, in August 2006. Limited progress has been reported
under the national plan of action on these two cases (see paras. 47 – 64 below);
furthermore, the plan does not address any of the other 13 high-profile cases investigated by
the Udalagama Commission, including the murder of a former Minister for Foreign Affairs
and of other parliamentarians, and the disappearance of a Catholic priest.
34.
Recommendation 9.213 called upon the Government to investigate the serious
allegations against illegal armed groups (some of which had operated as paramilitaries), and
to prosecute and punish perpetrators irrespective of their political links. In the national plan
of action, the Government reported that, as at January 2014, 76 suspects were being
detained by the Terrorist Investigation Division, and that an investigation concerning some
of them was ongoing.24
35.
While the paramilitary groups have largely been disbanded, no action has been taken
to date in relation to two senior paramilitary leaders now serving in ministerial positions,
Douglas Devananda and Vinayagamoorthy Muralitharan (alias Karuna), or the former
19
20
21
22
23
24
See the press release of the Presidential Secretariat of Sri Lanka, 15 July 2013, at
www.presidentsoffice.gov.lk/index.php?option=com_k2&view=item&id=120:cabinet-approvesaction-on-53-more-llrc-recommendations.
Other examples include recommendations 9.57 and 9.81.
There are similar issues with recommendations 9.73, 9.285 and 9.213.
The Government announced the reactivation of civil defence committees in August 2011; see
www.defence.lk/new.asp?fname=20110824_01.
See Centre for Policy Alternatives, “A List of Commissions of Inquiry and Committees” (see footnote
15).
See National Plan of Action (see footnote 10), p. 30.
9
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