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United Nations
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A/HRC/WG.6/14/L.14
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General
Assembly
UNEDITED
VERSION
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Distr.: Limited
November 2012
Original: English
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Human Rights Council
Working Group on the Universal Periodic
Review
Fourteenth session
Geneva, 22 October–5 November 2012
Draft report of the Working Group
on the Universal Periodic Review*
Sri Lanka
Contents
Paragraphs Page
Introduction................................................................................................................................................... –
I. Summary of the proceedings of the review
process............................................................................... –
A. Presentation by the State under review........................................................................................... –
B. Interactive dialogue and responses by the
State under review................................................... –
II. Conclusions and/or recommendations..................................................................................................... –
Annex ...........................
Introduction
1. The
Working Group on the Universal Periodic Review (UPR), established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its fourteenth
session from 22 October to 5 November 2012. The review of Sri Lanka was held at
the 16th meeting on 1 November 2012. The delegation of Sri Lanka was
headed by Mahinda Samarasinghe, Minister of Plantation Industries and Special
Envoy of the President for Human Rights. At its 18th meeting held on 5 November
2012, the Working Group adopted the report on Sri Lanka
2. On
3 May 2012, the Human Rights Council selected the following group of
rapporteurs (troika) to
facilitate the review of Sri Lanka: Benin, India and Spain
3. In
accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of
the annex to Council resolution 16/21, the following documents were issued for
the review of Sri Lanka:
(a) A national report submitted/written
presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/14/LKA/1);
(b) A compilation prepared by OHCHR in
accordance with paragraph 15 (b) (A/HRC/WG.6/14/LKA/2);
(c) A summary prepared by OHCHR in
accordance with paragraph 15 (c) (A/HRC/WG.6/14/LKA/3).
4. A
list of questions prepared in advance by Australia, Canada, Cambodia, China,
Cuba, Czech Republic, Denmark, Ethiopia, Germany, Ireland, Liechtenstein,
Netherlands, Norway, Mexico, Pakistan, Slovenia, Spain, Sweden, United Kingdom,
United States was transmitted to Sri Lanka through the troika. These questions are
available on the extranet of the UPR.
I. Summary of the proceedings of the review
process
A. Presentation by the State under review
5. Sri
Lanka elaborated on plans to achieve improvements in human rights in the
context of post-conflict peace-building and reconciliation.
6. Noting
that as a result of the 2008 Review, a National Action Plan for the Promotion
and Protection of Human Rights (NHRAP), a principal pledge, has been formulated;
based on recommendations, accepted pledges made, recommendations of treaty
bodies and special procedures. Civil society was co-opted having near equal
representation on the drafting committees.
7. The
NHRAP was approved by Cabinet in September and the implementation strategy was
approved in December 2011. Implementation was on-going and the process was
nationally owned and driven. As to implementation of the NHRAP, specific
examples of implementation were outlined which demonstrate clear commitment and
progress.
8. After
defeat of the LTTE in 2009, measures to ensure a return to civilian life
progressed. After the 2008 Review, the final phase of the humanitarian
operation was launched to rescue civilians held by the LTTE in the North. In
May 2009 nearly 300,000 civilians were rescued. Post-conflict Sri Lanka, faced
a range of daunting challenges stemming from the conflict, while maintaining
sustainable economic growth and preventing acts of destabilization, had placed
primacy on non-repetition of past mistakes and genuine reconciliation.
9. On
the allegedly disappeared, on-going engagement with the Working Group on
Enforced and Involuntary Disappearance, and recent progress to clear the
backlog, was outlined. The relatively small number of cases reported by the
WGEID was relatively small.post-2005 laid to rest the canard of increasing
disappearances. The addressing of this challenge could be better addressed if
countries receiving asylum seekers would cooperate by identifying names of such
persons. Sri Lankan authorities had successfully resolved many of the supposed
disappearances and outstanding allegations would be thoroughly investigated.
10. Civil
society’s rights had received constitutional recognition. They had freedom to form non-governmental and
community-based organizations. Regarding
allegations of intolerance or attacks against these organizations or their
leadership, it was noted that there was no Government policy to stifle
criticism, activism or dissent, and that the Government did not condone such
attacks.
11. The
President had appointed the Lessons Learnt and Reconciliation Commission (LLRC)
in May 2010 to strengthen the national reconciliation process and ensure the
dividends of peace to Sri Lankans. In May 2012, the Cabinet decided that a Task
Force would monitor the implementation of LLRC recommendations. In July, a
matrix containing the National Plan of Action to implement the recommendations
was developed, approved and published by the Task Force. Noting that the
primary focus of the ill-conceived March 2012 Resolution had been the
implementation of the LLRC Report, Sri Lanka recalled that it had repeatedly
assured the Council of its commitment to implement the domestic process and
requested time and space.
12. A
time frame for implementation was in process. Thematic sub-committees had been
created under the task force for better coordination and implementation.
Recommendations were further sub-divided and related to: National Policy; final
phase of the conflict; Human Rights and National Security concerns; and
re-settlement and development. Certain matters of broad national policy in the
Action Plan are referred to the proposed Parliamentary Select Committee (PSC).
On the Action Plan, specific examples of completion or substantial progress on
activities were provided. Suggestions that only some of the recommendations
were addressed for implementation and that there was no progress were
unfounded. Detailing progress in relation to ex-combatants, specific
information of persons rehabilitated and reintegrated into society (including
child combatants), as well as those being processed, were provided.
13. Regarding
resettlement, the delegation stressed that resettled persons must be provided
with “durable solutions”. With closure of the last welfare centre in September,
Sri Lanka will deal with IDPs residing with host families and in protracted
displacement. Sri Lanka had resettled 501,194 persons by October. The “older
caseload” of IDPs includes tens of thousands of Muslim residents of the North,
forcibly evicted by the LTTE in 1990/1991 in pursuance of their policy of
ethnic cleansing and thousands of Sinhalese similarly evicted. The total number
of houses constructed in the Northern and Eastern Provinces up to September is
124,184 was at the cost of Rs. Billion 33.34 from 2005.
14. Progress
was achieved in demining to enable resettlement. As at October 2012, about 98%
of the areas identified were cleared. The Army was responsible for demining
approximately 75% of the land. Management of land in the North and East is a
priority. A programme to resolve land disputes has been implemented. Steps that
will enable the Government to gain an understanding of the magnitude and
ramifications of the conflict and which
will conclusively lay to rest the unfounded allegations of ‘tens of thousands’
of civilian deaths alleged to have occurred in the first five months of 2009,
were taken.
15. On
accountability, a Court of Inquiry was appointed in January 2012 by the Army
Commander, tasked with inquiring into the observations of the LLRC in its
report on alleged civilian casualties during the final phase of the
Humanitarian Operation and a probe into the Channel-4 video footage. Progress
of the Court of Inquiry investigating more than 50 incidents referred to in the
LLRC report was referred to. The Army had appointed a Board of Inquiry to study
the LLRC recommendations and formulate a viable action plan to implement
relevant recommendations. The Sri Lanka Navy had also initiated similar
measures.
16. With
regard to allegations of torture, several avenues for investigation and
prosecution of offenders as well as preventive measures taken, were explained.
The current status of the Bill on the protection of victims and witnesses was
also elaborated on. Regarding military presence in the former theatre of
conflict, there has been a significant reduction of the military strength in
the North since the end of the conflict and there is no intrusive presence
impacting on civilian life – in Jaffna or in the Wanni. On the contrary, the
military had assisted civilians resume their normal lives. Livelihood assistance has been facilitated by
the armed forces, contributing to restoration of normality. Functions have now
been taken over by the civilian administration.
17. On
the supposed increase in sexual violence in the North, Women’s Protection Units
with female police officers and Women’s Centres were established in the welfare
centres and counselling services are provided. Action has been taken to combat
sexual violence. Any correlation between military presence and sexual violence
is unfounded. Protection of women and advancement of their rights has been a
cornerstone of Government policy in the post-conflict phase, Several projects
have been initiated including a focus on conflict-affected women and
female-headed households. Sri Lanka ratified CEDAW and acceded to the Optional
Protocol. Its periodic report was considered by the Committee and responses on
concluding observations have been submitted.
18. Language
policy was a key issue which impacted upon the reconciliation process. Steps
had been taken in relation to the Trilingual Policy (2012 to 2020), and its
implementation. On the way ahead as a nation and the institutional and other
arrangements to unify the people and work together for a mutually beneficial
future, the Government’s approach to evolving a consensus formula remains the
establishment of a PSC, aimed at achieving a multi-party consensus. Government
has already nominated its members and the opposition nomination of members was
awaited, to commence sittings.
19.
The Government had taken steps to restore normality to the conflict affected
areas - committing USD 2.8 billion to on-going projects in 2011, in addition to
expenditure on humanitarian assistance and relief. The economy in the Northern
Province had grown by 22% [as against 7 % nationally] in 2010 and 27% in
2011[as against 7.5% nationally]. The Millennium Development Goals are
integrated into the national development agenda. Sri Lanka has achieved some and
is on track to reach most indicators. The UN Development Assistance Framework,
applicable from 2013, reflects this approach towards developing a stable and
prosperous Sri Lanka. Sri Lanka requested an objective assessment of what has
been done.
B. Interactive dialogue and responses by the
State under review
21. During the interactive dialogue, 98 delegations
made statements. Recommendations made during the dialogue are to be found in
section II of the present report.
22. Thailand recognised Sri
Lankan efforts to address alleged human rights violations, especially enforced
disappearance and its establishment of an inter-ministerial working group. It
appreciated steps taken to ensure physical safety and dignity of individuals,
including elimination of all forms of ill-treatment or torture. It made
recommendations.
23. Timor
Leste commended Sri Lanka for launching the Human Rights Action Plan and
welcomed Sri Lanka’s openness in cooperating with UN Human Rights Mechanisms,
in particular the Working Group on Enforced or Involuntary Disappearances. It
made recommendations.
24. Tunisia
encouraged Sri Lanka to step up its efforts in fighting against all acts of
torture and ill-treatment, against poverty and to ensure the prosperity of all
its citizens. It made recommendations.
25. Turkey
welcomed the efforts of Sri Lanka to consolidate the hard won peace following
the defeat of terrorism and noted the holding of elections in Sri Lanka’s
Eastern Province, It appreciated Sri Lanka’s efforts to resettle the many IDPs and
its implementation of a programme to resolve land disputes. It made
recommendations.
26. Uganda
highlighted the Sri Lankan Government’s commitment to addressing LLRC
recommendations. It noted the OHCHR team visit to Sri Lanka at the latter’s
invitation. It made a recommendation.
27. Ukraine
noted the positive developments in Sri Lanka since 2008 and encouraged it in
successful implementation of the National Plan of Action in all its thematic
areas. It made a recommendation.
28. United
Arab Emirates noted that three decades of devastating conflict had been
overcome by Sri Lanka’s efforts. It asked what measures Sri Lanka has taken to
ensure return of displaced persons.
29. The
United Kingdom of Great Britain and Northern Ireland welcomed progress in normalising
conditions in Sri Lanka and supported swift implementation of LLRC
recommendations. It was concerned about attacks on and intimidation of
journalists, human rights defenders and legal professionals. It made
recommendations.
30. Australia
welcomed Sri Lanka’s commitment to protect human rights and agreed that it is
now important for Sri Lanka to achieve measurable, concrete improvements as a
result of implementing the NAPHR and the LLRC Action Plan. It made
recommendations.
31. Uruguay
highlighted Sri Lanka’s establishment of the LLRC, its adoption of its NAPHR
and its efforts to combat impunity and prevent international crime. It made
recommendations.
32. Venezuela
(Bolivarian Republic of) welcomed Sri Lanka’s implementation of the Charter on
Women and its establishment of the NAPHR. It made recommendations.
33. Viet
Nam acknowledged Sri Lanka’s efforts in achieving normality and. noted that
progress now depended on Sri Lanka’s systematic, concrete measures in
implementing its NAPHR and its engagements with the international community.
34. Zimbabwe
applauded Sri Lanka’s engagement and dialogue with UN Human Rights mechanisms.
It referred to Sri Lanka’s 2011 invitation to the High Commissioner for Human
Rights. It made recommendations.
35. Algeria
commended Sri Lanka’s engagement in the UPR process and its efforts to achieve
and mainstream MDGs. It noted that the Constitution contained provisions to
promote advancement of vulnerable social groups. It made recommendations.
36. Angola
commended the Sri Lankan Government’s decision to establish a NAPHR. It made
recommendations.
37. Argentina
commended Sri Lanka for adopting the National Plan of Action for the Promotion
and Protection of Human Rights. It made recommendations.
38. The
United States of America stated that it has provided full comments in writing
on its websites. It made recommendations.
39. Austria
acknowledged the adoption of the NHRAP and the LLRC recommendations. Austria
requested Sri Lanka to respond to allegations concerning limitations to freedom
of assembly and expression and to reports of rape and sexual assault by
security forces on Tamil women. It made recommendations.
40. Azerbaijan
noted that Sri Lanka has integrated MDGs into its national development agenda.
It asked whether it is considering the adoption of conventions on the refugee
protection. It welcomed IDP’s resettlement measures. It made recommendations.
41. Bahrain
commended the Government’s efforts to strengthen women’s rights, its amendments
to the penal code for sexual assault and its international cooperation to stop
trafficking in persons. It made recommendations.
42. Bangladesh
called upon the international community to provide assistance and cooperation
to Sri Lanka’s efforts towards domestic reconciliation solutions based on
equity, inclusiveness and its specificities. It made recommendations.
43. Belarus
regretted the unbalanced nature of the information prepared for the UPR by the
OHCHR and the Special Procedures’ on Sri Lanka, which had reaffirmed its
openness to re-engage in dialogue by issuing an official invitation to the
OHCHR.
44. Belgium
congratulated positive actions taken by Sri Lanka for displaced persons and
adoption of the LLRC report and its plan of action but raised concerns about
forced disappearances. It made recommendations.
45. Benin
commended Sri Lanka on its measures on protecting the rights of children and
IDPs including the return of the latter’s possessions in compliance with
relevant international regulations. It made recommendations.
46. Bhutan
appreciated measures taken on human rights and fundamental freedoms of its
citizens and commended the NAPHR. It hoped the international community will
extend its full cooperation and support. It made a recommendation.
47. Bolivia
(Plurinational State of) recognised that Sri Lanka is on the verge of achieving
MDG 6, which includes among others eradicating extreme poverty, universal
primary education and gender equality. It made a recommendation.
48. Botswana
asked the Government how it intended to respond to alleged violations of
humanitarian and human rights law and to serious concerns, including from the
UN Secretary General, of abuse and harassment of human rights defenders. It
made a recommendation.
49. Brazil
commended Sri Lanka for its IDP resettlement and de-mining programmes and
welcomed the National Plan of Action for the Promotion and Protection of Human
Rights and for implementation of the LLRC. It made recommendations.
50. Brunei
Darussalam congratulated Sri Lanka on its commitment to promoting and
protecting human rights. It welcomed Sri Lanka’s efforts to combat poverty,
achieve MDGs and uphold the rights of children and persons with disabilities.
51. Burkina
Faso noted Sri Lanka’s establishment of the LLRC, constitutional and
legislative reforms and the NAPHR, but that it has not yet ratified a number of
international instruments. It made recommendations.
52. Cambodia
recognised Sri Lanka’s efforts to address all challenges, especially its
legislative, institutional steps and measures towards national rehabilitation
and development. It encouraged Sri Lanka to pursue its demining efforts,
thereby enabling the return of IDPs to their origin. It made a recommendation.
53. Canada
made recommendations.
54. Chile
welcomed resettlement of about 300,000 IDPs and its efforts to tackle the issue
of disappearances. It recognised Sri Lanka’s commitment to investigating
complaints of extrajudicial, summary or arbitrary executions. It made
recommendations.
55. China
congratulated Sri Lanka for its socio-economic developments and national
reconciliation, its establishment of national human rights instruments and its
progress in resettling IDPs and combatting poverty. It made a recommendation.
56. Congo
noted Sri Lanka’s advances since the 1st UPR, including implementation of LLRC
recommendations, especially relating to demining, return of IDPs and
educational reform. It congratulated Sri Lanka on efforts to reconstruct the
North and East, re-launch its economy and reorganise civil administration.
57. Costa
Rica commended Sri Lanka’s willingness for dialogue. It understood that it is
still in a process of transition, however, it was concerned about continued
persecution of human rights defenders, discrimination of ethnic minorities and
allegations of torture. It made recommendations.
58. Cuba
congratulated Sri Lanka for implementing recommendations accepted in 2008,
rehabilitating and re-integrating LTTE ex-combatants, not subjecting former
child soldiers to judicial procedures and swiftly resettling IDPs. It made recommendations.
59. Cyprus
acknowledged Sri Lanka’s steps in the areas of development, poverty reduction,
rehabilitation and reintegration of the NAPHR and its Task Force for implementing
LLRC recommendations.
60. Czech
Republic recognised the Sri Lankan Government’s efforts and the remaining
challenges in the processes of reconciliation and strengthening of the rule of
law. It made recommendations.
61. Democratic
People’s Republic of Korea commended Sri Lanka for its achievements, including
integration of MDGs into national development. It made recommendations.
62. Denmark
appreciated the NHRAP and the LLRC Action Plan, and was concerned over reports
of impunity for perpetrators of serious human rights violations in Sri Lanka,
which has not yet implemented previously accepted UPR recommendations,
including on extrajudicial killings and torture. It made recommendations.
63. In
his reply Mohan Pieris, Senior Legal Advisor to the Cabinet and Vice Chairman
of the LLRC Task Force of Sri Lanka stated that measures taken uphold standards
required for examining accountability. The LLRC Report states there were no
preconceived policies to target civilians and the protection of civilian life
was a key factor in military operations. It nonetheless concluded that there is
evidence warranting investigation
64. A
Court of Inquiry with a comprehensive mandate was convened and proceedings and
investigations are progressing, looking into whether there were any deliberate
attacks on civilians; if affirmative, it will seek to identify locations, dates
and details. Were the actions proportional and in relation to military targets?
Persons responsible and measures to avoid future occurrences are to be
identified.
65. Djibouti
called upon the international community to accompany Sri Lanka in effectively
implementing recommendations made during this interactive dialogue. It made
recommendations.
66. Ecuador
welcomed Sri Lanka’s efforts to establish responsibilities for human rights
violations and the inter-ministerial working group on cases of alleged
disappearance. It made recommendations.
67. Egypt
noted positive development in Sri Lanka after the end of hostilities. It
welcomed the Government’s decision to lift the state of emergency and implement
LLRC recommendations. It made recommendations.
68. Estonia
welcomed Sri Lanka’s action plans for human rights and implemented
recommendations of LLRC and its implementations to date. It underlined that all
recommendations by the LLRC and past commissions of inquiry need to be fully
implemented. It made recommendations.
69. Ethiopia
welcomed the Sri Lankan Government’s plan to implement LLRC recommendations and
to translate the text into the two official languages. It asked the Government
to explain the measures taken on implementing recommendations of the national
reconciliation mechanism. It made recommendations.
70. Finland
indicated that Sri Lanka has committed itself to complete drafting of a bill on
IDP rights and was encouraged by positive steps taken in the return process of
the IDPs, Finland noted the LLRC report. It was interested in hearing about
measures taken to protect IDP rights. It made recommendations
71. France
recognised Sri Lanka’s few advances in human rights, but remained concerned
about the general internal situation. It recalled that 17 humanitarian workers
were murdered in 2006: the most serious crime ever against NGO personnel. No
legal action has been launched to date. It made recommendations.
72. Germany
noted that Sri Lanka’s national report was encouraging. It underlined the
importance of independent judiciary and impeachment procedures to be conducted
with diligence. It made recommendations.
73. The
Holy See highlighted the multi-ethnic, multi-religious, multi-lingual and
multi-cultural character of Sri Lanka. It appreciated Sri Lanka’s human rights
and peace accomplishments. It made recommendations.
74. India
looked forward to speedy resolution of the residual issues in resettlement and
rehabilitation. It called for credible investigations into allegations in the
LLRC report. It noted the action plan for time-bound implementation of LLRC
recommendations.
75. Indonesia
was encouraged by Sri Lanka’s human rights continued progress. It emphasised
that continued transparency and engagement with the international community was
essential to sustained progress. It made recommendations.
76. Iran
(Islamic Republic of) commended Sri Lanka for considerable achievements in
restoration of civil administration, infrastructure and economic development in
the north and east of Sri Lanka affected by the internal conflict. It made
recommendations.
77. Iraq
praised measures taken to adopt the 5-year NHRAP and welcomed its accession to
the majority of human rights instruments in particular the CRC. It welcomed the
step taken to protect elderly and strengthening religious freedoms. Iraq made
recommendations.
78. On
the judiciary, Minister Samarasinghe of Sri Lanka said that the Constitution
provided for the impeachment of a judge. One third of the Members of Parliament
have to sign a resolution identifying grounds for removal which has to be
handed over to the Speaker. Thereafter a Select Committee of Parliament was
constituted from among Members of both sides of the House and a resolution had
to be then adopted by Parliamentary majority, after which removal is permitted.
Due process will be followed.
79. On
elections, Minister Samarasinghe said that Sri Lanka wanted to give democratic
rights to people of the North. 32 Out of 34 local government authorities in the
North have been elected. An elected Provincial Council for the North was
envisaged for 2013.
80. Ireland
commended Sri Lanka on progress in implementing commitments made during 2008
UPR and urged that remaining detainees
be tried or begin reintegration process. It expressed concern about the
prevention against terrorism act. It urged full respect for the independence of
the judiciary. Ireland made recommendations.
81. Italy
recognised progress achieved by Sri Lanka, however, several human rights
concerns still remain, such as forced disappearances and torture, etc. and
asked Sri Lanka which policies and initiatives it envisages to address these
challenges. Italy made recommendations.
82. Japan
welcomed the NHRAP and the National Plan of Action to implement LLRC
recommendations. It expressed hope that Sri Lanka would continue efforts to
engage with the international community including a visit by the High
Commissioner. Japan made recommendations.
83. Kazakhstan
recognised Sri Lanka’s implementation of Prevention of Domestic Violence Act and
the establishment of the National Child Protection Authority to secure rights
of women and children. It made recommendations.
84. Kenya
commended ratification of seven core international human rights instruments. It
asked what steps Sri Lanka was taking to address concerns on access to full
enjoyment of religious freedom for certain religious minority groups. Kenya
made a recommendation.
85. Kuwait
commended the efforts to implement the NHRAP. It recognised the important
developments in spite of 30 years of conflict and the stability brought to all
segments of society, such as the resettlement of IDPs, clearing the land mines
and achieving part of the MDGs. Kuwait made recommendations.
86. The
Lao People’s Democratic Republic congratulated Sri Lanka on integrating MDGs
into their national development agenda. It noted accession to seven core human
rights treaties and implementation of domestic legislation.
87. Latvia
noted Sri Lanka’s efforts to improve cooperation with the Special Procedures of
the Human Rights Council, yet noted that a number of requests by mandate
holders to visit Sri Lanka had not yet been accepted. It made recommendations.
88. Lebanon
commended Sri Lanka on establishing the national action plan. It noted Sri
Lanka’s commitment to safeguarding human rights. It made a recommendation.
89. Malaysia
expressed hope that Sri Lanka’s claims of efforts to protect human rights were
sincere. It called for genuine effort at reconciliation. It called for both
communities to work out the problem without interference from outsiders. It
made recommendations.
90. Maldives
expressed understanding of the enormous challenges faced by Sri Lanka and the
need for accountability for violations of human rights committed by all sides.
It welcomed the NAPHR to implement LLRC recommendations. It made
recommendations.
91. Mauritania
welcomed measures to combat violence against women and children. It recognised
the reconciliation process underway in Sri Lanka. It requested information on
the difficulties encountered in this process and the progress made
92. Mexico
took note of Sri Lanka’s actions to address serious human rights violations. It
highlighted the enormous challenges faced by Sri Lanka and recognised efforts
made to improve the living standard of the Sri Lankan people. Mexico made
recommendations.
93. Morocco
acknowledged Sri Lanka’s adoption of the NHRAP in line with the 1993 Vienna
Conference. It requested further information on the objectives and the areas
covered in the plan. It made recommendations.
94. Myanmar
commended Sri Lanka for restoring peace, stability and harmony. It called for
recognition by the international community of Sri Lanka’s success in resettling
IDPs and rehabilitating former combatants. It made recommendations.
95. Nepal
noted Sri Lanka’s socio-economic achievements and progress toward meeting MDGs.
It welcomed the NHRAP and efforts to implement LLRC recommendations. It made
recommendations.
96. The
Netherlands found the situation in Sri Lanka changed from four years ago. It
expressed belief that the Sri Lankan government could further normalise the
situation by implementing the report from the LLRC. It made recommendations.
97. New
Zealand raised concerns over lack of progress on human rights. It saw progress
on women’s rights but raised concern over remaining substantial challenges. It
noted current moratorium on executions. It made recommendations.
98. Nicaragua
recognised Sri Lanka’s commitment to build the rule of law and strengthen
democracy. It highlighted implementation of the NHRAP, adopted after a
participatory process. It made a recommendation.
99. Nigeria
acknowledged gains under the LLRC process and welcomed progress in the
implementation of the NHRAP. It urged Sri Lanka to continue its reconciliation
process.
100. Norway
acknowledged noted Sri Lanka’s 2008 pledge to investigate attacks on human
rights defenders and expressed concern over lack of progress in this area. It
raised concerns over the low number of elected women. It noted the importance
of independent civilian institutions to ensure democracy. Norway made
recommendations.
101. Sri
Lanka's Permanent Representative to the UN in Geneva Ravinatha Aryasinha,
observed that Sri Lanka accords priority to participation in the human rights
treaty framework, and engagement with special procedure mechanisms. The 5th
periodic report on the ICCPR was submitted. Sri Lanka established a mechanism
to verify cases of alleged disappearance and has submitted its responses on 159
cases in March and October 2012 to the WGEID.
102. Sri
Lanka interacted with members of the WGEID and continued to actively engage the
OHCHR. An invitation was extended in April 2011 to the High Commissioner to
visit Sri Lanka. In this context, a preparatory team from the OHCHR visited in
September and had unfettered access to all locations, interacting with a range
of stakeholders including representation from Government, Opposition and civil
society. A field visit was made to the Northern Province. Sri Lanka awaited the
High Commissioner’s visit.
103. Oman
noted the enormous efforts made at the national, regional and international
levels with setting a plan of action to rehabilitate and reintegrate victims
and ex-combatants. It made a recommendation.
104. Pakistan
called upon recognition by the international community for Sri Lanka’s 2009
victory against terrorism. It welcomed the National Action Plan and the Task
Force to monitor its implementation of LLRC recommendations. Pakistan made a
recommendation.
105. Palestine
noted the accession to most international human rights instruments that protect
child rights, and the constitutional protection to freedom of religion. It
noted adoption of major measures to protect and promote women rights, and the
protection of workers’ rights. Palestine made a recommendation.
106. The
Philippines noted the unfinished implementation of many of Sri Lanka’s pledges
during the 1st UPR. It welcomed its concern for the protection of migrant
workers but noted that articles 76 and 77 of the ICRMW remain unaccepted. It
made recommendations.
107. Poland
acknowledged Sri Lanka’s efforts but raised concerns about independence and
integrity of the judiciary and reports of disappearances. It requested
information on measures to ensure independence of the judiciary. Poland made
recommendations.
108. Qatar
noted the adoption of a plan of action for promotion of human rights. It
highlighted efforts to bring about national reconciliation and rebuild damaged
regions affected by the conflict. Qatar made recommendations.
109. The
Republic of Korea acknowledged progress in the reconciliation process,
including resettlement of IDPs, reintegration of former combatants, and
reconstruction of social infrastructure. It made recommendations.
110. Romania
acknowledged Sri Lanka’s cooperation with the UN technical missions on human
rights which visited Sri Lanka in September 2012. It asked what Sri Lanka’s
plans are for further ratification of several key human rights conventions
and what are the current mechanisms to
investigate and if necessary prosecute reported cases of human rights
violations.
111. The
Russian Federation noted Sri Lanka’s active role in the Human Rights Council
and the invitation extended to the High Commissioner to visit Sri Lanka. It
expressed sympathy for Sri Lanka’s difficulties in assuring human rights.
Russia made a recommendation.
112. Rwanda
welcomed specific measures taken by Sri Lanka to deal with post-conflict
period. It appreciated establishment of the Task Force to monitor
implementation of LLRC recommendations. It made a recommendation.
113. Saudi
Arabia highlighted Sri Lanka’s commitment to international human rights
treaties and legislation to implement them in compliance with UN standards. It
noted Sri Lanka’s effort to improve living standards despite decades of conflict.
It made recommendations.
114. Serbia
recognised human rights challenges facing Sri Lanka. It saluted achievements
including implementation of the National Plan of Action, rehabilitation of
former child soldiers and others. It encouraged Sri Lanka to pursue confidence
building in former conflict zones.
115. Singapore
acknowledged Sri Lanka’s efforts at national reconciliation and affirmed rule
of law as the key to ensuring stability, social justice and equality. It
recognised Sri Lanka’s progress in improving the well-being of its people. It
made recommendations.
116. Slovakia
expressed its awareness of the vast human rights challenges faced by Sri Lanka
due to decades-long civil conflict. Slovakia made recommendations.
117. Slovenia
noted CEDAW’s call for inclusion of a gender perspective in national
Development Agenda and reports on attacks of human rights defenders. Slovenia
made recommendations.
118. South
Africa was encouraged by Sri Lanka’s initial steps to address extreme poverty,
achieve MDGs, elaborate a National Human Rights Action Plan, resettle IDPs and
conduct demining. It raised the challenges associated with armed conflict and
protecting children’s rights. It made recommendations.
119. South
Sudan acknowledged Sri Lanka’s achievements in demining, integration of
ex-combatants, resettlement of IDPs, education policy and achievement of MDGs
in health and education. It commended post-conflict progress and made
recommendations.
120. Spain
applauded progress made in promoting and protecting human rights. It made
recommendations.
121. Sudan
noted challenges to human rights resulting from armed conflict, an experience
shared by Sudan. It paid tribute to Sri Lanka’s efforts to restore stability.
Sudan noted the plan of action approved by the government last July to
implement the recommendations of the LLRC. Sudan made recommendations.
122. Swaziland
was encouraged by Sri Lanka’s focus on development of the Northern Eastern
provinces. It acknowledged the 2010 establishment of the LLRC as a human rights
safety net to encourage dialogue and compromise. It made a recommendation.
123. Sweden
noted the decrease in reports of enforced disappearances; however it noted
questions by civil society organisations about the impartiality of the parties
investigating enforced disappearances. It raised concern over the absence of
criminal convictions related to recruitment of child soldiers. It made
recommendations.
124. Switzerland
noted lack of proper follow-up to reports from experts mandated by the UN
Secretary General. It raised concerns over continued forced disappearances. It
raised concerns over legitimate grievances of minorities and need for an
inclusive dialogue. Switzerland made recommendations.
125. Syrian
Arab Republic acknowledged Sri Lanka’s rapid emergence from spiral of violence
yet noted huge challenges remaining. It welcomed implementation of
recommendations from the reconciliation commission in particular rehabilitation
of former soldiers. It made a recommendation.
126. Minister
Samarasinghe of Sri Lanka thanked the President of the Council for the manner
in which she conducted the proceedings. He appreciated the many interventions
by delegations. Sri Lanka is encouraged by the acknowledgment of positive
developments and has noted concerns expressed by the international community.
Progress has been achieved on many fronts. He assured that Sri Lanka will work
to ensure that challenges are overcome and report further progress at the next
Council session.
127. The
Minister reiterated that Sri Lanka’s progress should be acknowledged. Sri Lanka
be given time and space and the international community should constructively
engage with Sri Lanka. Sri Lanka was a multi-cultural, multi-lingual,
multi-religious country and is proud of its diversity- a source of strength. Sri
Lanka will ensure that its diversity is protected and nurtured and through this
cultivate a true Sri Lankan identity.
II. Conclusions and/or recommendations
128. The
recommendations formulated during
the interactive dialogue/listed below enjoy the support of Sri Lanka
128.1. Consider ratifying
the CRPD (Egypt, Turkey);
128.2 Consider ratifying the Palermo
Protocol on human trafficking (Philippines);
128.3 Make
further efforts to ratify other relevant international instruments that are
vital to the promotion and protection of Human Rights, in keeping with its
national capacity and priority (Cambodia);
128.4 Continue giving consideration to ratify the other remaining (human
rights) instruments in a progressive manner (Kenya);
128.5 Full dissemination of the NAPHR and the
strengthening of governmental agencies at national, provincial and local level
to guarantee its full implementation (Venezuela (Bolivarian Republic of));
128.6 Accelerate
capacity building in order to effectively implement the NAPHR (Zimbabwe);
128.7 Continue efforts to implement the National Action Plan for the
protection and promotion and human rights (Bahrain);
128.8 Continue to work on implementing the
accepted recommendations by the LLRC Reconciliation (Bahrain);
128.9 Expedite action to implement the
agreed Action Plan in line with the spirit of the LLRC through a process
inclusive of all people belonging to all ethnicity (Bangladesh);
128.10 Pursue its efforts to implement the
National Plan of Action for the promotion and protection of human rights
(Burkina Faso);
128.11 Disseminate the NAPHR amongst general
population in local languages so as to ensure wider participation in the
implementation process, thereby empowering claim holders in asserting and
protecting their rights (Ethiopia);
128.12 Continue its efforts in launching the
NAPHR (Iran);
128.13 Steady implementation of the National
Action Plan for the Promotion and Protection of Human Rights as well as the
National Plan of Action to implement the recommendations of the Lessons Learnt
and Reconciliation Commission (Japan);
128.14 Continue its efforts to follow-up on
the implementation of the National Action Plan for the Promotion and Protection
of Human Rights (Kuwait);
128.15 Continue its efforts of implementing
the recommendations of the National Plan of Action (Maldives);
128.16 Continue to implement the National
Action Plan for the Promotion and Protection of Human Rights (Syrian Arab
Republic);
128.17 Persevere in implementing its Action
Plan and ensure its wide dissemination among the local population, in all the
official languages of the country (Morocco);
128.18 Complete the implementation of the
National Action Plan for the promotion and Protection of Human Rights
(Palestine);
128.19 Continue efforts to accelerate the
pace of implementation of the National Plan of Action and the promotion of
development, and support economic and social rights in all parts of the country
(Qatar);
128.20 Strengthen cooperation between government
agencies with Human Rights National Commission and civil society to
coordinating, planning and implementing the National Human Rights Action Plan (Venezuela
(Bolivarian Republic of));
128.21 Take all possible steps in
strengthening the capacity of Government Agencies identified for the
implementation of the recommendations of the LLRC Action Plan (Pakistan)[1];
128.22 Continue addressing accountability issues and
implementation of the LLRC Action Plan as planned (Uganda)[2];
128.23 Continue its efforts to implement the LLRC’s recommendations of the
National Action Plan (Timor-Leste)[3];
128.24 Continue
progressing in the implementation of the recommendations of the Action Plan of
the National Reconciliation Mechanism (Venezuela)[4];
128.26 Immediate implementation of recommendations of LLRC Action
Plan including on accountability process, through Sri Lanka’s National Plan of
Action on Human Rights and other relevant mechanisms (Indonesia)[6];
128.27 Facilitate the implementation of the
recommendations of the LLRC Action Plan and provide necessary funds for its
implementation (Iraq)[7];
128.28 Inform the Human Rights Council as
part of the reporting process outlined in the National Report, of implementation
of LLRC Action Plan recommendations (Ireland)[8];
128.29 Disseminate in different languages the National Action Plan for the
Promotion and Protection of Human Rights (South Sudan);
128.30 Ensure adequate resources to the Human Rights
National Commission to further improve its capacity, geographical scope and its
mandate (Venezuela);
128.31
Continue the efforts to strengthening the capacity building of national
institutions in field of human rights promotion and protection (Angola);
128.32 Take all steps to strengthen and ensure the independence of the
National Human Rights Commission (Germany);
128.33 Ensure structural and operational
independence of the national human rights institution in accordance with the
Paris Principles (Maldives);
128.34 Adopt necessary legal measures to
ensure that the National Human Rights Commission of Sri Lanka is in line with
Paris Principles (Mexico);
128.35 Continue to promote and protect
human rights through education and institutional reforms (Myanmar);
128.36 Continue efforts to strengthen
national human rights institutions (Nepal);
128.37 Continue the efforts at strengthening
its national institutions for the promotion and protection of human rights and
encourage awareness among its people of the importance of fairness and justice
(Malaysia);
128.38 Strengthen the independence of
institutions such as the Human Rights Commission of Sri Lanka, the Police
Commission and Election Commission (Norway);[1]
128.39 Recognizing that the operational
independence of the National Human Rights Commission has been enhanced take the
necessary measures to further ensure its institutional independence (Republic
of Korea);
128.40 Enable additional resources to
strengthen the Human Rights Commission (South Sudan);
128.41 Take action to facilitate greater
participation by citizens and civil society in helping to implement human
rights action plans (Australia);
128.42 Consolidate its reconciliation efforts to ensure that
durable peace prevails in the country (Zimbabwe);
128.43 Continue its engagement with the relevant UN agencies in achieving the
overall objective of the UN Development Assistance Framework for 2013-2017
(Algeria);
128.44 Strengthen the cooperation with the relevant human
rights stakeholders including the Human Rights Council (Angola);
128.45 Continue its efforts in advancing human rights and freedoms
in the country and especially in the conflict-affected areas (Azerbaijan);
128.46 Intensify its actions for a greater
enjoyment by the people of fundamental human rights (Benin);
128.47 Maintain and strengthen cooperation
with various United Nations mechanisms, as well as financial institutions, in
order to overcome the challenges faced in the peace and national reconciliation
process (Benin);
128.48 Continue assisting former-combatants
through livelihood schemes (Cuba);
128.49 Share with the international community
its experiences in rehabilitating and reintegrating former LTTE child soldiers
(Cuba);
128.50 Continue to prioritize the
rehabilitation and reintegration of former child soldiers (Italy); [2]
128.51 Implement the
announced voluntary commitments and the UPR accepted recommendations (Egypt);
128.52 Maintain its efforts in upholding
national dialogue that would bring the country to a lasting peace, as well as
its commitment to continue guaranteeing full exercise of human rights to all
its citizens (Nicaragua);
128.53 Continue its efforts to complete the
implementation of the voluntary pledges (Philippines);
128.54 Ensure on-going protective measures to
maintain and advance the levels of human rights developments (South Sudan);
128.55 Strengthen
further the capacity within the public institutions to enable the effective
implementation of the trilingual policy (Ethiopia);
128.56 Promote
national reconciliation taking into account and protecting Sri Lanka’s ethnic
and religious pluralism, ensuring that all religious denominations are granted
equal treatment and enjoy their fundamental rights (Holy See );
128.57 Step up efforts to protect freedom of
religion and promote inter-religious dialogue as a tool to foster tolerance and
peaceful-coexistence (Italy);
128.58 Take continuous measures to secure social
infrastructure and means of livelihood at resettlement sites as this is
expected to become even more vital (Japan);
128.59 Pursue the process of reconciliation and consolidate the peace
building measures embarked on since the end of the conflict (Lebanon 1);
128.60 Continue and
provide greater cooperation to the Working Group on Enforced or Involuntary Disappearances
to accomplish its work (Ecuador);
128.61 Provide
training and promote capacity building among its institutions to guarantee the
effective application of the Women’s Charter (Venezuela);
128.62 Intensify its policies and
programs undertaken to ensure the protection of women and children (Algeria);
128.63 Ensure women’s participation in the
post-conflict, reconstruction and peace building process (Finland);
128.64 Adopt
appropriate and concrete measures to prevent the disadvantageous and unequal
status of women and girls (Rwanda);
128.65 Encourage
women’s participation in the public life of the country (South Sudan);
128.66 Adopt necessary measures to ensure
that gender equality is a legal and practical reality, combating particularly
gender violence (Spain);
128.67 Increase its endeavors in promotion of equity
in economic development, poverty eradication, eliminating regional disparities,
and guaranteeing equality of opportunity for all Sri Lanka citizens (Iran);
128.68 Criminalize all forms of violence against women and
hold the perpetrators of such violence accountable (South Africa);
128.69 Carry on its measures in the implementation of
the act on Prevention of Domestic Violence as a means to improve and protect
the rights of women (Iran);
128.70 Increase
its efforts on strengthening protection of children’s rights in such areas as
child labor, domestic violence, trafficking and sexual exploitation (Iran);
128.71 Formulate a comprehensive national strategy for the
protection of the rights of children, with a view to ensuring compliance with
the Convention on the Rights of the Child, following the review of national
laws (South Africa);
128.72 Take measures
to guarantee full protection of children’s human rights by rehabilitating the ex-combatants
and eliminating and reducing, among others, child trafficking, child sexual
abuse and violence against children (Holy See);
128.73 Work on the elimination of the causes of
minor’s recruitment by armed groups and guarantee full rehabilitation, social
reintegration and school reintegration of those children who participated or
were affected by the conflict, including those who had to be accommodated in internal displaced camps and
to take into account the linguistic, cultural, and religious diversity in Sri
Lanka (Uruguay );
128.74 Consider incorporating the
UN Standard Minimum Rules for the Treatment of Prisoners and the UN Rules for
the Treatment of Women Prisoners and Non-Custodial Measures for Women
Offenders, otherwise known as the “Bangkok Rules “ as part of its work on the
treatment of prisoners (Thailand);
128.75 Strengthen efforts to investigate
allegations of serious violations of international humanitarian law and the
international human rights during the conflict and to hold those responsible to
account (Ukraine);
128.76 Fully and transparently investigate
alleged grave breaches of international humanitarian law during the conflict
(UK);
128.77 Pursue its efforts to fight against
impunity for serious human rights violations committed during the internal
armed conflict (Argentina);
128.78 Take the necessary measures to bring
into justice and prosecute perpetrators of violations of the international
human rights law and humanitarian Law (Chile);
128.79 Take the necessary steps to ensure
that all detainees are afforded a fair trial within a reasonable period
(Ireland);
128.80 Continue human rights education for
police and security forces to ensure better protection and maintenance of human
rights standards (Democratic People’s Republic of Korea );
128.81 Design training programs on human
rights for police and security forces, to guarantee better protection of human
rights standards (Oman);
128.82 Continue to carry out the policy aimed
at improving the judicial system, reforming law enforcement bodies and
decreasing the level of crime and corruption (Russian Federation);
128.83 Work on
building the capacity of law enforcement officials in the area of human rights
and provide them with the necessary education to guarantee the best standards
in this regard (Sudan );
128.84 Continue its efforts in enhancing the rule of law to ensure
long-term stability and sustainable development (Singapore);
128.85 Carry out an independent and credible
investigation on the allegations of violations of human rights and
international humanitarian law (Switzerland);
128.86 Continue human rights education for
police and security forces aiming at better protection and preservation of
human rights principles (Syrian Arab Republic ;
128.87 Strengthen its efforts to integrate
human rights and peace education in the school curricula (Djibouti);
128.88 Redress housing shortage by adopting a
national strategy and a plan of action (Djibouti);
128.89 Continue to
improve accessibility to education, especially in the post-conflict and
underdeveloped areas (Singapore);
128.90 Continue its efforts to promote access by
persons with disabilities to the labor market by strengthening the system of
job reserve for persons with disabilities (Djibouti);
128.91 Develop a comprehensive policy with regard to all aspects
of internal displacement (Azerbaijan);
128.92 Intensify its efforts to ensure the
return of displaced persons to their places of origin and compensated them
whenever return is not possible (Chile );
128.93 Continue providing assistance to IDP
returnees in particular with housing, livelihoods and economic empowerment
(Cuba);
128.94 Ensure the protection of IDP’s rights
to voluntary and safe return to adequate restitution by, inter alia, putting in
place and implementing long-term housing and property restitution policies that
comply with international standards (Finland);
128.95 Ensure legal ownership and return or
restitution of houses and lands to internally displaced persons, according to
international standards (Holy See);
128.96 Strengthen
efforts to implement the recommendations of the National Reconciliation
Committee and work towards the repatriation of the internally displaced
affected by the war to their cities and villages, and to guarantee the means of
stability for them (Sudan);
128.97 Invest more resources towards a better service
delivery mechanism that will also ensure that the remaining internally
displaced citizens return safely to their territories (Swaziland);
128.98 Continue the resettlement of all
internally displaced persons as a result of the conflict and guarantee the
transfer or compensate those people who cannot return to their places of origin
(Syrian Arab Republic);
128.99 Continue measures underway to address
land issues, including amending the Prescription Ordinance, whereby displaced
landowners will be able to defeat the adverse claims based on the running of
time (Bhutan);
128.100 Continue action towards the alleviation of
poverty (Bangladesh);
128.101 Continue its efforts in reducing
poverty (Saudi Arabia);
128.102 Redouble its efforts in fighting poverty with a view to maintain the
level of development achieved so far and contribute to attain the MDGs
(Morocco);
128.103 Further improve the living standard of
the people by reducing poverty and economic disparity (Myanmar);
128.104 Continue efforts in enhancing the welfare
of all segments of society and their rights based on national context and
characteristics (Nepal);
128.105 Continue with its plans to enhance
economic development in all regions of Sri Lanka (Saudi Arabia);
128.106 Continue working to achieve all the
Millennium Development Goals (Bolivia);
128.107 Remain committed to the sustainable
economic and social development, further promote national reconciliation, and
achieve stability and development in the country (China);
128.108 Ensure on-going social welfare and
protection measures to ensure the maintenance of levels of human development
already achieved and realization of the Millennium Development Goals
(Democratic People’s Republic of Korea);
128.109 Attain the remains of the Millennium
Development Goals (Kuwait);
128.110 Take steps to protect people from acts of terrorism, through domestic
legislation (Kazakhstan);
129. The
recommendations below did not enjoy the support of Sri Lanka:
129.1 Examine the possibility of ratifying
OP-CAT and the Rome Statute (Tunisia);
129.2 Accede to the Rome Statute of the International Criminal Court (ICC) and
draft a law on cooperation between the State and the Court (Uruguay);
129.3 Accede
to the Rome Statute of the International Criminal Court (Costa Rica, Ecuador);
129.4 Ratify the Rome Statue of the International Criminal Court and fully
align its legislation with all the obligations under the Rome Statute, including
incorporating the Rome Statute definition of crimes and general principles, as
well as adopting provisions enabling cooperation with the Court (Latvia);
129.5 Accede to the Rome Statute of the
International Criminal Court, including accession to its Agreement on Privileges
and Immunities (Slovakia);
129.6 Ratify the Rome Statute of the ICC
as well as OP-CAT and establish a National Torture Prevention Mechanism
(Austria);
129.7 Ratify the OP-CAT (Brazil);
129.8 Ratify at the earliest the OP-CAT (Maldives);
129.9 Accede to the Optional Protocol to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Czech Republic);
129.10 Ratify the Second Optional Protocol to
ICCPR (Turkey);
129.11 Continue its efforts to ratify the
International Convention for the Protection of All Persons from Enforced
Disappearance (Argentina);
129.12 Ratify the International Convention
for the Protection of All Persons from Enforced Disappearance (Belgium, Iraq)
129.13 Accede to the International Convention
for the Protection of All Persons from Enforced Disappearance (France);
129.14 Ratify the International Convention
for the Protection of All Persons from Enforced Disappearance; the Convention
on the Rights of Persons with Disabilities and the Statute of the International
Criminal Court (Spain);
129.15 Sign the International Convention for
the Protection of All Persons from Enforced Disappearance (Sweden);
129.16 Fully incorporate the Convention on
the Elimination of Discrimination against Women into its domestic system
(Slovenia);[3]
129.17 Accept Articles 76 and 77 of the ICRMW
(Philippines);
129.18 Consider ratifying ILO Convention 189
(Philippines);
129.19 Consider
the possibility of abolishing the death penalty from its legal framework
(Argentina);
129.20 Consider the
definite abolishment of the death penalty in its internal legislation and
accede (Ecuador);
129.20 Abolish definitely death penalty (Spain);
129.21 Seriously consider
the possibility to abolish capital punishment (Italy);
129.22 Take immediate steps towards the abolition of the death penalty in
law (New Zealand);
129.23 Decriminalize consenting homosexual
relationships between persons over the age of consent by repealing Section 365A
of the penal code (Canada);
129.24 Adopt the draft bill on witness and
victim protection (Germany);[4]
129.25 Adopt legislation on appointments that
would ensure the independence of the Human Rights Commission (New Zealand)[5];
129.26 Enact the legislation to ensure the
Right to Information and bring it in line with international human rights
standards (Norway);[6]
129.27 Enact urgent legislative
amendments to the Penal Code to ensure that the rights of women from all
religious and ethnic communities are safeguarded (New Zealand)[7];
129.28 Fully implement the recommendations of
the LLRC, in particular steps to ensure independent and effective
investigations into all allegations of serious human rights violations , in the
context of Sri Lanka’s civil war and its aftermath (Austria )[8]*;
129.33 Rapidly implement the recommendations
of the Lessons Learnt and Reconciliation Commission (France);[9]*
129.34 Continue implementing the
recommendations of the LLRC report and the report of the Panel of Expert in
accordance with the Human Rights Council Resolution 19/2 (Germany);
129.35 Accelerate the process of putting into
practice its National Action Plan for the promotion and protection of human
rights launched in 2011, and its Action Plan for the implementation of the
recommendations of the Commission of Inquiry and Reconciliation adopted in July
2012, and fully cooperate with the UN mechanisms in order to rapidly turn the
page on the atrocities of the civil war (Tunisia);
129.36 Implement the constructive recommendations of the LLRC, including the
removal of the military from civilian functions, creation of mechanisms to
address cases of the missing and detained, issuance of death certificates, land
reform; devolution of power; and disarming paramilitaries (USA);[10]*
129.37 Ensure the concrete implementation of the report of the Lessons
Learnt and Reconciliation Commission and the National Strategy as envisaged by
the Plan of Action (Belgium);[11]*
129.39 Initiate an inclusive dialogue which would guarantee minority
representatives a fair joint-decision power on the basis of the four previous
decisions (APRC Expert Majority Report, All Party Representative Committee
Report, Proposals for Constitutional Reforms, and Mangala Report) (Switzerland
3)[12];
129.42 Closely cooperate
with the international community in implementing the recommendations by the
LLRC and the National Action Plan for the Promotion and Protection of Human
Rights in the context of promoting reconciliation and accountability (Republic
of Korea);
129.43 Seek assistance of the international community, including relevant
experiences, for the implementation of the Lessons Learnt and Reconciliation
Commission recommendations (Botswana);
129.44 Take advantage fully and effectively
from the technical assistance provided by the international community in the
field of training and capacity-building of national institutions on human
rights (Qatar);
129.45 Guarantee access to the North and the East of the country to
international and local humanitarian organizations specialized on family
tracing and reunification programs (Uruguay);
129.46 Expedite
implementation of reconciliation measures in the North. This would
include removing oversight of humanitarian and NGO activities from the
purview of Ministry of Defense to a civilian body, reducing the intrusiveness
of military presence on civilian life in the North and setting a specific date
for free and fair Northern Provincial Council elections (Canada );
129.47 Strengthen the capacities of its National Human Rights Commission,
make it more independent and bring it in conformity with the Paris Principles
(Tunisia)[13]
129.48 Adopt a national policy to provide
human rights defenders with protection and ensure investigation and punishment
of threats or attacks against them (Czech Republic);[14]
129.50 Continue its constructive engagement and cooperation with the
international human rights mechanism, including through technical cooperation
(Indonesia);
129.51 Intensify its cooperation with the
Working Group on Enforced and Involuntary Disappearances to establish the fate
of those who may have not been accounted for at the end of the armed conflict
(Timor-Leste)[16];
129.52 Invite the Working Group on Enforced
or Involuntary Disappearances (France, Uruguay);[17]
129.53 Continue its constructive engagement
with the United Nations Special Procedures, including the Working Group on
Enforced or Involuntary Disappearances, by inviting the Working Group to visit
the country (Brazil);[18]
129.54 Accept the Working Group on Enforced
or Involuntary Disappearances request for visit (Chile);[19]
129.55 Ensure a climate in which all citizens
are able to freely express their opinions and beliefs, without fear of reprisal
or retribution and invite the Special Rapporteur on freedom of opinion and
expression to visit (UK)[20];
129.56 Extend a standing invitation to the
United Nations Special Rapporteurs and normalize its relations and cooperation
with United Nations Human Rights mechanisms (Belgium );
129.57 Step up its cooperation with the
Special Procedures of the Human Rights Council by responding positively to the
pending visit requests of the Special Procedures mandate holders and eventually
consider extending a standing invitation to all the Special Procedures mandate
holders of the Human Rights Council (Latvia);
129.58 Further strengthen cooperation with
the UN human rights mechanisms, particularly Special Procedures and try to
respond in a timely manner to the questionnaires sent by the Special Procedures
(Kazakhstan );
129.59 Strengthen the measures to eliminate
all discriminatory treatment based on sexual orientation or gender identity
(Argentina );[21]
129.60 Take further steps to ensure more
participation of Sri Lankan Muslims in the reconciliation process and national
efforts of economic, social, and cultural integration (Egypt );[22]
129.61 Take concrete measures in implementing the 30 percent quota for
women in the nomination lists at national, provincial and local elections as
pledged in the National Human Rights Action Plan (Norway )[23];
129.62 Continue to focus on establishing and
strengthening institutions of governance with a view to contributing towards
adequate protection of human rights and fundamental freedoms for all,
provisions of adequate remedies where violations occur, and zero tolerance for
impunity (South Africa );[24]
129.63 Create a reliable investigation
commission consisting of professional and independent investigators to
identify, arrest and prosecute the perpetrators of the Muttur murders (France);[25]
129.64 Create an independent mechanism to
look into the issue of disappeared persons with its own unique database
(France);
129.65 Publish the names and places of
detention of all the imprisoned persons (France )[26];
129.66 Take action to reduce and eliminate
all cases of abuse, torture or mistreatment by police and security forces
(Australia );[27]
129.67 Adopt further measures to prevent
torture and ill-treatment in particular in prison and detention centers (Czech
Republic);
129.68 Establish an effective independent monitoring mechanism to investigate
complaints of torture (Poland );[28]
129.69 Carry out
independent investigations into possible cases of torture as well as reprisals
related to cooperation with international human rights bodies (Poland );[29]
129.70 Determine the whereabouts of children
whose fate is unknown (Uruguay);
129.71 Take action to reduce and eliminate all cases of abductions and
disappearances (Australia );[30]
129.72 Establish immediately a publicly accessible central register for all
persons missing or in custody (Germany );[31]
129.73 Establish a National Mechanism, as
requested in the report of the Lessons Learnt and Reconciliation Commission, in
order to shed light on the fate of all disappeared persons and detained persons
and to cooperate with the ICRC and the Working Group on Enforced or Involuntary
Disappearance (Switzerland)[32];
129.74 Maintain a public and accessible list
of all detainees in the country, including those that were detained for
incidents related with the armed conflict (Mexico)[33];
129.75 Strengthen relevant legislations and
administrative measures to ensure transparency and non-impunity in the judicial
process on all alleged enforced disappearance cases including investigation ,
prosecution and reparation , which would help contribute towards its national
reconciliation ( Thailand); [34]
129.76 End impunity for
human rights violations and fulfill legal obligations regarding accountability
(USA);
129.77 Take all necessary steps to fully commit to end impunity for
international crimes by acceding to the Rome Statute of the ICC and to fully
align its national legislation with all obligations under the Rome Statute
(Sweden );
129.78 Hold accountable all persons who are
liable for the violation of human rights and humanitarian law (Estonia);
129.79 Investigate and prosecute those responsible for abductions and forced
disappearances and increase awareness of the State security services about
these offences (Belgium);
129.80 Make every effort to ensure that those responsible for crimes
against children, and in particularly concerning the recruitment of child
soldiers, are brought to justice as soon as possible (Sweden);[35]
129.81 Implement the recommendations of the
UN Panel of Experts on accountability, bringing all those allegedly responsible
for violations of international human rights law and international humanitarian
law to justice in compliance with international standards (Slovakia);
129.82 Improve detention conditions and respect for judicial guarantees for
inmates, fighting against torture and inhuman and degrading treatment in
detention centers in line with commitments taken during the May 2008 UPR
session (Spain);
129.83 Strengthen judicial independence by ending government interference
with the judicial process, protecting members of the judiciary from attacks and
restoring a fair, independent and transparent mechanism (USA);
129.84 Take all necessary
measures to ensure the independence and the integrity of the judiciary and
oversight bodies (Poland );
129.85 Safeguard the independence of its judiciary (Slovakia);
129.86 Conduct impartial investigations and
prosecutions against members of the security forces, regardless of rank,
implicated in violations of human rights and international humanitarian law,
including sexual violence (Denmark);
129.87 Grant due process rights to all
detainees held in both military and police facilities, including those held in
administrative detention; disclose all unofficial detention sites; and
facilitate effective and independent monitoring of detainees (Denmark );[36]
129.88. Allow the International Committee of
the Red Cross unrestrictive access to detention centres (Costa Rica);[37]
129.89 Undertake measures that would allow
citizens to have access to public information, in particular on alleged
violations of human rights (Mexico);[38]
129.90 Accelerate the improvement of the
judicial, police, military and prison systems in line with international human
rights standards and to investigate all allegations of extrajudicial, summary
or arbitrary killings and enforced disappearances and follow-up according to
justice requirements (Holy See);
129.91 Transfer NGO oversight to a civilian institution and protect freedom of
expression (USA);
129.92 Adopt a National Policy on the protection of human rights defenders
and journalists in order to prevent harassment and intimidation and to ensure
effective investigation of such acts and prosecution of perpetrators (Austria
);[39]
129.93 Refrain from restricting access to and
banning from websites and withdraw the Order of 5 November 2011 with requires
news sites to be registered (Netherlands);[40]
129.94 Desist from campaigns and threats
against human rights defenders and ensure the investigation by an independent
police commission into missing persons from this group, in line with the LLRC
report recommendations on involuntary disappearances in a wider context
(Netherlands );
129.95 Ensure that all human rights defenders, including individuals
cooperating with UN HR mechanisms, are protected effectively from unjustified
criminalization, harassment or intimidation and can perform freely their
legitimate duties (Slovakia) [41];
129.96 Take immediate
steps to prevent attacks on the human rights defenders and media and take
action to investigate such acts (Slovenia);
129.97 Increase efforts aiming to guarantee the right to freedom of
religion and belief (Spain 5)[42];
129.99 Create a mechanism
to ensure that all internally displaced persons, including 66,151 “Old IDPS”
and further 37,123 living with host communities, receive a written statement
detailing their entitlements and plans for return to their original homes
(Canada);
129.100 Repeal Sections 9 (1)
and 15 (A) (1) of the Prevention of Terrorism Act to ensure that detainees are
held only in recognized places of detention, with regularized procedures and
safeguards to protect detainees including access to legal representation and
systematic notification to families of detainee whereabouts (Canada);
130. All conclusions and/or
recommendations contained in the present report reflect the position of the
submitting State(s) and/or the State under review. They should not be construed
as endorsed by the Working Group as a whole.
Annex
Composition
of the delegation
The delegation of Sri Lanka was headed by
Mahinda Samarasinghe, Minister of Plantation Industries and Special Envoy of
the President for Human Rights and composed of the following members:
•
Hon.
Mahinda Samarasinghe
•
Minister
of Plantation Industries and Special Envoy of H.E. the President on Human
Rights
• Hon. Sajin de Vass Gunawardena Monitoring MP, Ministry of External Affairs
•
H.E. Mr.
Ravinatha Aryasinha PRUN/Permanent Mission of Sri Lanka
•
Ms.
Kamalini de Silva Secretary, Ministry of Justice
•
Mr. Mohan
Pieris, PC Senior Legal Advisor to the Cabinet
•
Major
General R.M.D. Ratnayake, RWP RSP USP psc Chief of Staff, Sri Lanka Army
•
Mr. S.K.
Gamalath, PC Additional Solicitor General, Attorney General’s Department
•
Ms.
Manisha Gunasekera, DPR/Permanent Mission of Sri Lanka
•
Mr.
Majintha Jayesinghe, Chief of Protocol, Ministry of External Affairs
•
Mr. B.P.
Aluwihare, Deputy Solicitor General, Attorney General’s Department
•
Mr. A.N.R.
Pulle, Senior State Counsel, Attorney General’s Department
•
Ms.
Sashikala Premawardena, Director/UN, MA & HR, Ministry of External Affairs
•
Ms.
Priyanga Wickramasinghe, Counsellor, Permanent Mission of Sri Lanka
•
Mr. Nishan
Muthukrishna, Coordinator (Human Rights), Ministry of Plantation Industries
• Mr. Zuraish Hashim, Private
Secretary to Hon. MMP, Ministry of External Affairs.
[1] These are special mechanisms created by the provisions of the
Constitution and therefore enjoy functional and institutional independence.
Capacity building is being given highest priority. It is to be noted that the
Commissioner of Elections is now vested with the powers of the Election
Commission by the 18th Amendment to the Constitution.
[2] Task already completed
[3] Further consideration is required in view of the
constitutional and legislative processes in the country.
[4] Enactment is the prerogative of Parliament. Draft Bill is before
Cabinet
[5] Action completed. These are special mechanisms created by the
provisions of the Constitution and therefore enjoy functional and institutional
independence.
[6] Cabinet to decide the suitable time frame
[7] Articles 10, 12 of the Constitution ensure the protection of these
rights.
[8] Sri Lanka has undertaken
to implement the National Action Plan on the implementation of the LLRC
recommendations
[9] Sri Lanka has undertaken
to implement the National Action Plan on the implementation of the LLRC
recommendations
[10] Sri Lanka has undertaken to implement the National Action Plan on the
implementation of the LLRC recommendations
[11] Sri Lanka has undertaken
to implement the National Action Plan on the implementation of the LLRC
recommendations
[12] Matter to be placed before the Parliamentary Select Committee for
consideration.
[13] This is an ongoing process given the highest priority as it is a
Constitutional mechanism
[14] The Government of Sri Lanka has a policy of protecting such persons
as enshrined in the Fundamental Rights Chapter in the Constitution
[15] Action is in progress
[17] Request for visit under
consideration
[18] Request for visit under
consideration
[19] Request for visit under
consideration
[20] Invitation under consideration
[21] The matter is presently under consideration
[22] The Muslim community is already engaged in relevant discussions,
and will also be represented in the proceedings of the Parliamentary Select
Committee.
[23] Matter is under consideration in the context of relevant judicial
pronouncements
[24] Action already undertaken.
[25] Two special teams have
been established within the Police and Attorney General’s Department to examine
the relevant material
[26] Procedure is governed by
the rules under the Prison’s Ordinance
[27] The Government of Sri
Lanka subscribes to a zero tolerance policy on Torture
[28] Government of Sri Lanka
has a zero tolerance policy on Torture. Special mechanisms are currently in
place to enhance the protectionary measures by the circulars issued by the
Executive.
[29] Government of Sri Lanka
has a zero tolerance policy on Torture. Special mechanisms are currently in
place to enhance the protectionary measures by the circulars issued by the
Executive.
[30] Action underway
[31] Database accessible to NOK
is already available
[32] Under consideration
[33] Database accessible to NOK
is already available
[34] Insufficient clarity of language
[35] Sri Lanka has been
de-listed from Annex II of the UN Security Council Resolution 1612 on Children
and Armed Conflict
[36] Unofficial detention sites
are non-existent in Sri Lanka
[37] The Government of Sri
Lanka maintains a working relationship with the ICRC
[38] Cabinet to decide the suitable timeframe
[39] The Government of Sri
Lanka has a policy of protecting such persons as enshrined in the Fundamental
Rights Chapter in the Constitution
[40] The freedom of expression
does not include the license to defame or vilify persons who have no effective
redress and such media do not qualify for any special protection
[41] They enjoy equal protection of the law as mandated by the
Constitution
[42] Article 10 of the Constitution ensures and affords protection of
these rights which are entrenched. It is further guaranteed by Article 14 (1)
(e)
[43] Recommendation not clear
