UPR Sri Lanka: Compilation
prepared by the Office of the High Commissioner for Human Rights
The present report is a
compilation of the information contained in the reports of treaty bodies and
special procedures, including observations and comments by the State concerned,
and of the Office of the High Commissioner for Human Rights (OHCHR), and in
other relevant official United Nations documents. It is presented in a
summarized manner due to word-limit constraints. The report has
been prepared taking into consideration the periodicity of the review and
developments during that period.
Ratifying UN Treaties
1. Treaty bodies invited Sri Lanka to consider ratifying
CPED, CRPD, OP-CRPD,
OP-ICESCR, OP-CAT, the Rome Statute, the four main refugee and stateless persons
conventions the Palermo Protocol, and ILO Convention No. 169. In 2012, the Special Rapporteur on torture
also called upon the Government to take measures to ratify OP-CAT and establish
a National Preventive Mechanism.
18th Amendment
2. The Committee on Economic,
Social and Cultural Rights (CESCR), in 2010,
and the Special Rapporteur on torture, in 2012, expressed concern at the
18th Constitutional Amendment of 2010,
which eliminated the Constitutional Council and empowered the President
to make direct appointments of members to key Commissions, such as the National
Police Commissioner and the Chairperson and members of the Human Rights
Commission (HRCSL), Commission to Investigate Allegations of Bribery or
Corruption, members of the Judicial Service Commission and the Parliamentary
Commissioner for Administration (Ombudsman). CESCR called upon Sri Lanka
to take all necessary measures to ensure the independence and integrity of the
judiciary and oversight bodies.
Discrimination against Women
3. The Committee on the Elimination
of Discrimination against Women (CEDAW) urged Sri Lanka to fully incorporate the
Convention into its domestic legal system.
CESCR, the Committee on the
Rights of the Child (CRC) and the Committee
on Migrant Workers (CMW) also urged Sri Lanka
to bring its domestic legislation into conformity with their respective
treaties.
Torture
4. The Committee against Torture
(CAT) recommended that all necessary measures be taken to ensure that enforced
disappearance is established as an offence in Sri Lankan law.
Right to Information
5. CESCR urged Sri Lanka to speed up the process
of adoption of a right to information act.
HRCSL
6.Two treaty bodies, the United Nations High Commissioner for
Human Rights and the International
Coordinating Committee’s (ICC) Sub-Committee on Accreditation referred to concerns about the lack of
independence of HRCSL.
Status of the Human Rights
Commission of Sri Lanka
(SLHRC) B (2007) B (2009)
7. CAT expressed concern about
the appointment procedure of HRCSL commissioners. CAT recommended that the
Government establish a transparent and consultative selection process and
ensure that HRCSL is able to carry out independent investigations into possible
cases of torture, including in military premises and government-controlled facilities,
and publish the results.
2009 HRC resolution
9. The 11th Special Session of
the Human Rights Council on the human rights situation in Sri Lanka was held on 26 and 27 May
2009. In its decision S-11/1, adopted by
a recorded vote, the Council welcomed the visit to Sri Lanka of the Secretary-General
at the invitation of the President of Sri Lanka, and endorsed the joint
communiqué issued at the conclusion of the visit and the understandings
contained therein.
Attacks on HRDs
10. In 2012, the Special
Rapporteur on human rights defenders was especially concerned at alleged smear
campaigns that may have been related to the cooperation of human rights
defenders with the United Nations Human Rights Council. The Secretary-General reported on related concerns
expressed in 2010.
2012 HRC resolution
11. On 22 March 2012, the Human
Rights Council adopted resolution 19/2, on “Promoting reconciliation and
accountability in Sri Lanka”,
by a recorded vote. The resolution calls on the Government of Sri Lanka, inter
alia, to implement the constructive recommendations made in the report of the
Lessons Learned and Reconciliation Commission (LLRC). The Government was
requested to present a comprehensive action plan detailing the steps to
implement the recommendations made in the Commission’s report and address
alleged violations of international law.
Disappearances
13. In 2012, the Working Group on
Disappearances noted that since its establishment, it had transmitted 12,460
cases to the Government. Of these 6,535 cases have been clarified on the basis
of information provided by the Government; 5,671 remained outstanding.
Torture
24. Despite Sri Lanka’s public commitment to a
zero tolerance policy on torture as a matter of policy and practice, CAT
remained seriously concerned at the continued and consistent allegations of the
widespread use of torture and other cruel, inhuman or degrading treatment of
suspects in police custody. CAT called
on Sri Lanka
to take immediate and effective measures to investigate all acts of torture and
ill-treatment and prosecute and punish those responsible.
Witness protection
32. Noting the voluntary commitments made in the
UPR, CAT recommended that Sri Lanka, inter alia, consider adopting the draft
bill on witness and victim protection and improve the capacity of police to
carry out investigations, with additional training in interrogation and
prosecution. Regarding witness and
victim protection, UNCT reported that a draft bill, which did not meet
international standards, had existed since 2007. No action had been taken to
adopt the draft bill or introduce new legislation.
Corruption and Impunity
37. CESCR expressed concern that Sri Lanka
has not yet taken firm and effective measures to combat corruption and
impunity.
Right to peaceful assembly in
North
41. According to UNCT,
communities in the North were not being allowed the right to peacefully
assemble without oversight and/or direct participation by the military.
Bill on the rights of IDPs
56. In 2008, the Representative of
the Secretary-General on Internally Displaced Persons recommended that the
Government develop a comprehensive policy addressing all aspects of internal
displacement, in line with the Guiding Principles on Internal Displacement. UNCT noted that the Government committed in
the 2008 UPR to complete the process of drafting a bill on the rights of IDPs
in consultation with stakeholders, but no bill had been presented to
Parliament. Implementation of a joint
Government-UN verification initiative for “protracted IDPs” had been slowed by
Government inaction.
Military control over I/NGOs
57. CRC made recommendations to
address its deep concern about orders issued in June 2010 from the Ministry of
Defence to all commanders of the Security Forces to curtail humanitarian access
to virtually all United Nations agencies, international organizations and
NGOs. UNCT reported that while
restrictions for humanitarian workers on movement to and within the Northern Province were
lifted in July 2011, tight control by the Government continued to be exercised
on all activities implemented in the region.
High Security Zones
58. UNCT explained that IDPs and
IDP returnees continued to face numerous housing, land and property challenges
including competing claims, unclear boundaries and lost documentation,
exacerbated by the absence of a comprehensive government land policy as well as
suboptimal Government capacity to effectively address these issues. The
existence of gazetted and non-gazetted high security zones (HSZs) and other
areas and sites occupied by the military continued to be a primary reason for
protracted displacement including being stranded in transit sites. The process
of releasing those zones was slow and there was no uniform or transparent
policy of compensation or redress for those owning land in the zones.
Militarisation
59. UNCT reported that three
years after the end of the war there continued to be a significant military
presence in the region which constrained the full resumption of civilian
administration. The military had increasingly engaged in commercial activities,
which adversely affected livelihood recovery for returnees and their right to
development.
Continuation of Emergency Rule
62 While noting Sri Lanka’s
decision to lift the long-standing state of emergency on 31 August 2011, CAT
expressed concern that 24 hours before it ended new regulations were decreed
under the Prevention of Terrorism Act No. 48 of 1979 (PTA). It was concerned at
the sweeping nature of these PTA regulations, which unduly restricted legal
safeguards for persons suspected or charged with a terrorist or related crime, as
pointed out by the HR Committee and the Special Rapporteur on torture. CAT also
noted that the President continued to invoke Section 12 of the Public Security
Ordinance to allow the armed forces to retain policing powers in all 25
districts. The High Commissioner
strongly urged a comprehensive review of all security-related legislation and
detentions. Related concerns were raised
by CESCR, CRC the Special Rapporteur on torture and UNCT.
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