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A new preliminary report released by the United Nations High Commissioner for Human Rights states that some progress has been made by Sri Lanka in promoting reconciliation, accountability, and human rights in line with resolution 30/1 but warns that the Government’s inability to comprehensively deal with impunity and reforms remains worrying.
The report titled ‘Promoting reconciliation, accountability and human rights in Sri Lanka’ is to be presented at the 43rd session of the Human Rights Council to be held from 24 February to 20 March and recaps the measures taken by the Government and observations of multiple UN Special Rapporteurs that have visited the country since 2015. However, they added that the Government’s inability to deal comprehensively with impunity and reform institutions may trigger the recurrence of human rights violations.
The High Commissioner urged the full implementation of resolution 30/1, stating: “Many of the commitments in resolution 30/1 originated in Sri Lanka’s domestic process, notably the Lessons Learned and Reconciliation Commission established by the Government during the presidency of Mahinda Rajapaksa, and elaborated further in a comprehensive civil society-led national consultation that involved all stakeholders, including the military.”
According to the report, the country’s independent institutions, strengthened under the 19th Amendment, were of critical importance. The High Commissioner commended the Human Rights Commission of Sri Lanka for its timely interventions during the aftermath of the Easter attacks in April 2019 as it played an important role in preventing resort to excessive or discriminatory measures.
The Right to Information Commission, established in 2016, was another key institution “to guarantee citizens’ right to access information from all public authorities”, the report stated, also mentioning the Office of the Missing Persons and the Office of Reparations.
The High Commissioner also urged authorities to immediately end the intimidating visits by State agents and all forms of surveillance and harassment of and reprisals against human rights defenders, social actors, and victims of human rights violations and their families.
The High Commissioner also showed concern over hate speech and aggressive campaigns by certain militant nationalist and religious groups against ethnic, religious, and other minorities, particularly Muslims.
The High Commissioner went on to urge the Government to take measures to actively prevent such extremism, to investigate and hold those involved in communal violence accountable, and to take measures to prevent similar incidents, notably by curbing hate speech.
The report also looked at the failure to ensure accountability for past violations and undertake comprehensive security sector reform to dismantle structure that facilitate them. “Such failure alienates victims and their communities, instilling distrust in the State, and can potentially fuel further cycles of violence,” the report stated.
The High Commissioner urged the Government to promptly investigate and prosecute all allegations of torture and other gross human rights violations and give highest priority to ensuring accountability for longstanding emblematic cases.
The High Commissioner also encouraged the Government to urgently proceed with the review and repeal of the Prevention of Terrorism Act as well as to engage with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and the UN, as well as with the Human Rights Commission of Sri Lanka, in finalising a new legislation that is compliant with international human rights norms and standards.
In the report, the High Commissioner also urged the Human Rights Council to continue to closely monitor developments in Sri Lanka and maintain engagement with the Government to promote the full implementation of resolution 30/1.
“The High Commissioner hopes that the Government of Sri Lanka will safeguard and build upon the gains that have been made and continue to engage positively with OHCHR and UN human rights mechanisms to promote reconciliation, accountability and human rights for all in Sri Lanka,” the report stated.