37/17 Report of the Working Group on the Universal Periodic Review - Sri Lanka
Document Type: Final Report
Date: 2017 Dec
Session: 37th Regular Session (2018 Feb)
Agenda Item: Item6: Universal Periodic Review
GE.17-23489(E)
Human Rights Council Thirty-seventh session
26 February–23 March 2018
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Sri Lanka
* The annex is being circulated without formal editing, in the language of submission only.
United Nations A/HRC/37/17
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-eighth session from 6 to 17
November 2017. The review of Sri Lanka was held at the 16th meeting, on 15 November
2017. The delegation of Sri Lanka was headed by the Deputy Minister of National Policies
and Economic Affairs, Harsha de Silva. At its 18th meeting, held on 17 November 2017,
the Working Group adopted the report on Sri Lanka.
2. On 13 February 2017, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Sri Lanka: Burundi, the Republic of Korea
and the Bolivarian Republic of Venezuela.1
3. In accordance with paragraph 15 of the annex to Human Rights Council 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.6/28/LKA/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/28/LKA/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/28/LKA/3).
4. A list of questions prepared in advance by Belgium, Brazil, Estonia, Germany,
Liechtenstein, Norway, Portugal, Slovenia, Sweden, Switzerland, the United Kingdom of
Great Britain and Northern Ireland, the United States of America, and Uruguay was
transmitted to Sri Lanka through the troika. These questions are available on the extranet of
the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. Sri Lanka emphasized that it was participating in the review against the backdrop of
a renewed and transformed local setting, led by its people at two historic elections. The
victory of President Maithripala Sirisena at the 8 January 2015 presidential election and the
uniting of the two main political parties under the National Unity Government following
the parliamentary elections of August 2015 had enabled a fundamental shift in the country’s
political culture towards matters pertaining to human rights, greater openness, and
engagement locally with its own citizens, with the United Nations and with the
international community. Therefore, much of the progress had been achieved during a brief
period, of roughly the past 2 years and 10 months.
6. With regard to the preparation of the national report for the universal periodic
review, Sri Lanka highlighted the extensive and inclusive consultation process, which had
involved ministries and departments, civil society representatives, and experts in different
fields, and had involved two stages — the development of the National Human Rights
Action Plan and the preparation of the draft national report.
1 At the 25th meeting of the Human Rights Council, held on 22 September 2017 during the thirty-sixth
session, under agenda item 6 entitled “Universal periodic review”, the President of the Council asked
the Council to consider the agreement reached by the Plurinational State of Bolivia, Peru, Sri Lanka
and the Bolivarian Republic of Venezuela, as outlined in a letter from the Plurinational State of
Bolivia dated 20 September 2017, that the Plurinational State of Bolivia and the Bolivarian Republic
of Venezuela would exchange places in their respective troikas. The Council approved the change in
the composition of the troikas of Peru and Sri Lanka, which had initially been selected at the
organizational meeting of the Council, held on 13 February 2017.
7. The delegation expressed the Government’s commitment to a process of truth-
seeking, justice, reparation and guarantees of non-recurrence. Sri Lanka had worked with
all parties concerned to adopt by consensus Human Rights Council resolution 30/1, which it
had co-sponsored. The resolution envisaged the setting up of a permanent office on missing
persons, a truth-seeking commission, a judicial mechanism with a special counsel, and a
reparations office. Sri Lanka had also worked with the Council members to have the
timeline for resolution 30/1 extended by two years, through the adoption by consensus of
resolution 34/1 in March 2017. The delegation also stressed that investigations into
allegations pertaining to human rights and humanitarian law violations during the conflict
would not unfairly target or punish security forces specifically, but would be carried out
through judicial processes, respecting due process.
8. Sri Lanka noted that it had intensified its engagement and cooperation both with
special procedures and with treaty bodies. Since the last universal periodic review, Sri
Lanka had participated in six reviews by treaty bodies, and the review by the Committee on
the Rights of the Child was scheduled for January 2018. In December 2015, Sri Lanka had
extended a standing invitation to all thematic special procedures. Eight thematic special
procedure mandate holders and working groups had visited Sri Lanka since the last
universal periodic review, with six of them being received since January 2015. Moreover,
members of the Working Group on Arbitrary Detention were visiting from 4 to 15
December 2017, and the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression was visiting early in 2018. The delegation noted that the
previous United Nations High Commissioner for Human Rights had visited Sri Lanka in
2013 and the current High Commissioner had visited in February 2016, and that the
Secretary-General of the United Nations had visited in September 2016.
9. During the period under review, Sri Lanka had become a State party to a number of
international instruments. On 14 November 2017, the Cabinet of Ministers had approved
the country’s accession to the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. The delegation reported that
the Human Rights Commission of Sri Lanka would be appointed as the national preventive
mechanism. Sri Lanka had formally withdrawn its reservation to article 29 of the
International Convention on the Protection of the Rights of All Migrants Workers and
Members of Their Families, and had withdrawn all derogations notified under the
International Covenant on Civil and Political Rights by November 2015. A declaration had
been made under article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment recognizing the competence of the Committee against
Torture to receive individual communications.
10. Sri Lanka highlighted the enactment of the nineteenth amendment to the
Constitution, in May 2015. That amendment had reduced the powers of the Executive
President, strengthened the independence of key institutions with the objective of
depoliticizing the public service, reduced the President’s term of office, restored the two-
term limit of the executive presidency, reduced Parliament’s term and curtailed the
President’s power to dissolve Parliament, among other things. The independence of the
Human Rights Commission of Sri Lanka had also been strengthened following the
enactment of the nineteenth amendment.
11. Sri Lanka reported the enactment by Parliament of the Assistance to and Protection
of Victims of Crime and Witnesses Act, in February 2015, which provided for the payment
of compensation to victims of crime and established a special fund for that purpose, and
also of the Right to Information Act, which had come into operation on 3 February 2017.
12. Sri Lanka noted the regulations and measures for the eradication of child labour,
including through a Special Presidential Task Force for the Protection of Children under the
direct purview of the President. In June 2016, the President had signed a pledge on zero
tolerance of child labour.
13. Sri Lanka noted that it had made, and continued to make, efforts to provide
internally displaced persons with durable solutions. The Cabinet of Ministers had approved
the National Policy on Durable Solutions for Conflict-Affected Displacement, in August
2016.
14. Sri Lanka highlighted the “Blue-Green Budget: the Launch of Enterprise Sri Lanka”,
for 2018, which had been prepared on the basis of the Sustainable Development Goals. It
noted that the Goals had been incorporated into government policies and programmes,
including through the Sri Lanka Sustainable Development Act.
15. As for language and cultural rights, Sri Lanka reported that in March 2015 the
Government had issued a circular to all government institutions in which it was stated that
no prohibition existed on the national anthem being sung in the Tamil language, and on
4 February 2016 the national anthem was sung in both official languages, at the National
Independence Day celebrations.
16. Sri Lanka noted that the initial design and contours of the Truth and Reconciliation
Commission and the Reparations Office had been based on the inputs received through
nationwide consultations carried out by a consultation task force comprised of 11 eminent
civil society members. Sri Lanka had started the process of constitutional reform as a
measure for guaranteeing non-recurrence of the conflict, on the basis of the framework
resolution adopted in March 2017. The consultations in that regard were ongoing.
17. The Office on Missing Persons, which had become operational on 15 September
2017, was the first of the reconciliation mechanisms to be set up, with SL Rs 1.4 billion
proposed to be allocated for it in the budget for 2018. Sri Lanka noted that having a section
of the national budget expressly dedicated to reconciliation was unprecedented.
B. Interactive dialogue and responses by the State under review
18. During the interactive dialogue, 88 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
19. France welcomed the commitment to implement Human Rights Council resolution
30/1 and encouraged Sri Lanka to accelerate the reconciliation and transitional justice
process and criminalize enforced disappearances.
20. Georgia noted with satisfaction the National Human Rights Action Plan and the
ratification of the Convention on the Rights of Persons with Disabilities, urging Sri Lanka
to implement it effectively.
21. Germany welcomed the establishment of the Office on Missing Persons and
encouraged Sri Lanka to fulfil its commitments under Council resolution 30/1.
22. Ghana commended the ratification of the Convention on the Rights of Persons with
Disabilities and the commitments by Sri Lanka to resolving complex post-conflict
challenges.
23. Guatemala expressed concern over existing legislative provisions discriminating
against women and made recommendations.
24. Haiti welcomed steps to demilitarize parts of the island, to ratify the International
Convention for the Protection of All Persons from Enforced Disappearance and to
strengthen the independence of the Human Rights Commission of Sri Lanka.
25. The Holy See appreciated accomplishments in poverty eradication, prevention of
violence and resolving post-conflict challenges, and encouraged Sri Lanka to continue the
reconciliation and peace process.
26. Honduras encouraged Sri Lanka to implement recommendations of the review in its
new National Human Rights Action Plan.
27. India noted progress on the resettlement of internally displaced persons, the
rehabilitation of ex-combatants, demining and reconstruction activities, and urged Sri
Lanka to resolve residual resettlement and rehabilitation issues.
28. Indonesia applauded the National Human Rights Action Plan, the ratification of the
Convention on the Rights of Persons with Disabilities, the Assistance to and Protection of
Victims of Crime and Witnesses Act, and the Peacebuilding Priority Plan.
29. The Islamic Republic of Iran commended the Assistance to and Protection of
Victims of Crime and Witnesses Act, and the ratification of the Convention on the Rights
of Persons with Disabilities and its incorporation into domestic law.
30. Iraq applauded the accession by Sri Lanka to the majority of human rights
instruments, the nineteenth amendment to the Constitution and the return of exiled
journalists since 2015.
31. Ireland welcomed the ratification of human rights treaties, and the co-sponsorship by
Sri Lanka of Human Rights Council resolution 30/1, but was concerned about intimidation
and harassment of human rights defenders.
32. Italy commended Sri Lanka for ratifying a number of international instruments, for
the National Human Rights Action Plan 2017–2021 and for incorporating previous
universal periodic review recommendations during the implementation of the previous plan.
33. Japan commended the efforts towards national reconciliation, the development of
the legal system, the protection and promotion of the rights of women, children and persons
with disabilities, and poverty alleviation initiatives.
34. The Lao People’s Democratic Republic welcomed the National Human Rights
Action Plan 2017–2021, and commended Sri Lanka for ratifying the Convention on the
Rights of Persons with Disabilities and enhancing the right to education.
35. Latvia appreciated the standing invitation to special procedures, but regretted that
not all requests had been accepted. It acknowledged the legislative reforms that Sri Lanka
had made to promote gender equality.
36. Libya welcomed the voluntary commitment of Sri Lanka to protect and promote
human rights. It paid tribute to the Government for declaring 2017 as a poverty alleviation
year.
37. Madagascar commended Sri Lanka for ratifying the Convention on the Rights of
Persons with Disabilities, and for its 2015–2019 strategic plan against human trafficking.
38. Sri Lanka noted that it condemned any and all acts of torture, and was committed to
ensuring that allegations of torture would be investigated and prosecuted to the full extent
of the law. In particular, it noted the strengthening of the Human Rights Commission of
Sri Lanka by ensuring its access to places where there might be complaints of torture, the
issuance of orders to all police and security officials forbidding torture of any kind, the
provision of access for human rights organizations to places where allegations of torture
had been reported, the inclusion of a chapter on the prevention of torture in the National
Human Rights Action Plan 2017–2021, the zero-tolerance policy on torture at the highest
levels of the Government, and the establishment of the Committee on Prevention of
Torture.
39. Sri Lanka emphasized that it maintained zero tolerance for hate speech and religious
violence, and that the National Human Rights Action Plan 2017–2021 contained a firm
commitment to enforce section 3 (1) of the International Covenant on Civil and Political
Rights Act, which criminalized hate speech. It noted that in June 2017 a circular had been
issued instructing stern action against hate speech, requiring all police officers to take
immediate action whenever hate speech was reported or occurred. It noted that several
programmes for inter-community and interreligious dialogue had been launched by various
relevant ministries.
40. Malaysia welcomed the progress made in combating gender-based violence and
looked forward to full implementation of the National Action Plan on Sexual and Gender-
based Violence.
41. Maldives welcomed the National Human Rights Action Plan 2017–2021, the new
Bill of Rights and the Assistance to and Protection of Victims of Crime and Witnesses Act.
42. Mexico welcomed the ratification of the Convention on the Rights of Persons with
Disabilities, and the adoption of the Right to Information Act, of 2016.
43. Montenegro noted the constitutional reform and encouraged the adoption of a new
Bill of Rights. Montenegro urged investigations into cases of unlawful detention, torture
and sexual violence by security forces.
44. Morocco welcomed the ratification of international treaties, the strengthened
independence of the Human Rights Commission of Sri Lanka, the National Human Rights
Action Plan 2017–2021, and efforts concerning the right to health.
45. Myanmar welcomed the National Human Rights Action Plan 2017–2021, the
National Action Plan on Sexual and Gender-based Violence, and the country’s engagement
with the United Nations human rights mechanisms.
46. Namibia commended the constitutional reforms, the National Human Rights Action
Plan 2017–2021 and the national plan to end sexual and gender-based violence.
47. Nepal welcomed the constitutional reforms, the strengthened Human Rights
Commission of Sri Lanka, the National Human Rights Action Plan and reconciliation
efforts. Nepal encouraged Sri Lanka to abolish the death penalty.
48. The Netherlands welcomed progress regarding freedom of expression and the media,
and the 25 per cent quota for women in local elections. It noted with concern the slow
progress in the constitutional reform and transitional justice process.
49. New Zealand welcomed the constructive approach of Sri Lanka to addressing post-
conflict reconciliation issues.
50. Nicaragua welcomed the National Policy on Reconciliation, the Office on Missing
Persons and the National Human Rights Action Plan 2017–2021.
51. Norway noted steps towards mainstreaming non-discrimination and equality in the
legal framework, and provisions for increasing women’s representation on local councils.
52. Pakistan welcomed the Assistance to and Protection of Victims of Crime and
Witnesses Act, of 2015, efforts concerning poverty alleviation, the investment in health
services, and progress on women and children’s rights.
53. Peru encouraged Sri Lanka to consolidate the independence of the Human Rights
Commission of Sri Lanka and praised efforts related to the right to education.
54. The Philippines noted positively the strengthening of the Human Rights
Commission of Sri Lanka, the National Human Rights Action Plan, and the introduction of
human rights in the curriculum of secondary schools.
55. Poland commended efforts to protect the rights of the child and to introduce human
rights education. It expressed concern about the insufficient protection of rights of religious
minorities.
56. Portugal made recommendations.
57. Qatar commended the National Human Rights Action Plan and the strategic plan on
trafficking in human beings.
58. The Republic of Korea welcomed the constitutional amendment that had enabled the
setting up of independent commissions, including the Human Rights Commission of Sri
Lanka. It commended the establishment of the Office on Missing Persons.
59. The Russian Federation welcomed the National Human Rights Action Plan,
measures on reconciliation, the ratification of the Convention on the Rights of Persons with
Disabilities, and the improvement of legislation to protect crime victims and to guarantee
freedom of expression.
60. Sri Lanka noted that the Constitutional Council was in the process of nominating to
the President seven commissioners for the Office on Missing Persons, for appointment. The
Secretariat for Coordinating Reconciliation Mechanisms had already been working with the
International Committee of the Red Cross to obtain expertise related to the setting up of the
Office. The Government had drafted bills for a reparations office and a truth and
reconciliation commission.
61. Saudi Arabia noted the ratification of the Convention on the Rights of Persons with
Disabilities. It welcomed the constitutional amendment strengthening the independence of
the Human Rights Commission of Sri Lanka.
62. Senegal noted positively the strengthening of the Human Rights Commission of Sri
Lanka following the nineteenth amendment to the Constitution, and the National Human
Rights Action Plan.
63. Serbia commended the ratification of the Convention on the Rights of Persons with
Disabilities. It encouraged Sri Lanka to continue to fight discrimination on all grounds,
providing equality between men and women and securing protection of all vulnerable
groups.
64. Sierra Leone applauded the National Human Rights Action Plan and the
Peacebuilding Priority Plan, and encouraged Sri Lanka to implement its strategic plan on
human trafficking and to continue combating child marriage.
65. Singapore noted the National Human Rights Action Plan for 2017–2021 and
progress made in alleviating poverty since the last review.
66. Slovakia welcomed the ratification of the Convention on the Rights of Persons with
Disabilities. It was concerned at the recognition of the death penalty in criminal legislation
and at the use of torture during criminal investigations.
67. Slovenia noted undertakings to introduce a new constitution and encouraged Sri
Lanka to fulfil commitments on transitional justice. It expressed concern about the
persistence of sociocultural values condoning domestic and gender-based violence.
68. South Africa welcomed the progress made and the inclusion of human rights
education in the training of law enforcement officers, the armed forces and prison officers.
69. Spain acknowledged the adoption of the National Human Rights Action Plan and the
ratification of the International Convention for the Protection of All Persons from Enforced
Disappearance.
70. The State of Palestine commended the Government’s efforts for reconciliation and
to prevent acts of violence and intimidation against human rights defenders and journalists.
71. The Sudan noted the ratification of the Convention on the Rights of Persons with
Disabilities and the adoption of the National Human Rights Action Plan. It commended Sri
Lanka for its standing invitation to special procedures and ensuring some of their visits.
72. Sweden thanked Sri Lanka for its report and presentation.
73. Switzerland welcomed the reforms, in particular on freedoms of expression,
assembly, movement and circulation, as well as initiatives in the governance of the security
sector.
74. Thailand welcomed progress in promoting reconciliation, transitional justice and
human rights and commended the National Action Plan for Human Rights.
75. The former Yugoslav Republic of Macedonia welcomed commitments to
reconciliation and accountability for past abuses, while expressing concern that protests in
the North had indicated frustration at the lack of progress.
76. Timor-Leste appreciated the plan on human trafficking and the Prevention of
Domestic Violence Act. It welcomed legislation aimed at increasing the transparency and
independence of institutions.
77. Tunisia welcomed measures on reconciliation and transitional justice, and the
ratification, inter alia, of the International Convention for the Protection of All Persons
from Enforced Disappearance.
78. The United Arab Emirates appreciated the efforts to build sustainable economic
development and social justice and to consolidate the rule of law and good governance.
79. The United Kingdom of Great Britain and Northern Ireland encouraged Sri Lanka to
continue its work on reconciliation and to adopt an action plan to implement its Human
Rights Council resolution commitments.
80. The United States welcomed progress on returning occupied lands and
operationalizing the Office on Missing Persons. It expressed concern at reports of abuses by
the security forces and increased violence against religious minorities.
81. Sri Lanka noted the Policy Framework and all-encompassing National Plan of
Action on Sexual and Gender-based Violence 2016–2020. It also noted a new referral system with a multisectoral approach, introduced in six districts, to facilitate effective
response to, and the prevention of, incidents of sexual and gender-based violence; regular
educational and awareness-raising programmes in 356 divisional secretariats; and
psychosocial support for victims in 321 divisional secretariats. The National Committee on
Women received complaints on gender-based violence through its complaint centre and
1938 helpline, and counselling centres had been established in 40 major hospitals. Six
shelters had been established in different locations, for survivors of such violence, and two
more shelters were expected to be established during 2017.
82. Sri Lanka noted that the general right to equality and non-discrimination, reflected in the Constitution, implicitly included non-discrimination on the grounds of sexual
orientation, and that the present constitutional reform process included consideration of an explicit guarantee of non-discrimination on the grounds of sexual orientation. It referred to
the pronouncement by the Supreme Court that imposing custodial sentences would be
inappropriate in cases where the impugned acts were between consenting adults.
83. Sri Lanka noted that draft legislation had been prepared to give effect to the
Convention on the Rights of Persons with Disabilities, which it had ratified in 2016. It had
also ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who
Are Blind, Visually Impaired, or Otherwise Print Disabled, in September 2016, and the
Cabinet of Ministers had approved the drafting of a bill on sign language. The Ministry of
Public Administration had instructed all ministries, departments and corporations that 3 per
cent of vacancies in the public service and public corporations were to be filled by persons
with disabilities with the requisite qualifications. Sri Lanka also stressed that several
welfare programmes had been established to provide support to persons with disabilities,
including financial assistance to low-income families with persons with disabilities, and
public officials had been trained on sign language, Braille methodology, mobility and
orientation, in order to enable them to provide a better service. Sri Lanka emphasized that
SL Rs 2.7 billion had been proposed under the 2018 budget to construct homes for
differently abled women in the North and the East.
84. Sri Lanka had declared 2017 as the year of alleviating poverty, and had launched a
nationwide people’s movement for poverty alleviation, called “Gramashakthi”. It noted that
a ministerial committee and an experts’ committee had been appointed to formulate the
National Sustainable Development Vision 2030, which outlined strategies for achieving the
Sustainable Development Goals. The first draft report of the experts’ committee had been
presented to the President in November 2017.
85. Sri Lanka stated that the committee appointed to review the Penal Code and the
Criminal Procedure Code had commenced discussions on the matter of criminalizing
marital rape, which was presently recognized only in respect of non-consensual sexual
relations during a judicial separation of the spouses.
86. Uruguay highlighted the abolition of the practice of executions by judicial order, and
noted that constitutional reform proposals extended non-discrimination grounds to
disability and to sexual orientation and gender identity.
87. The Bolivarian Republic of Venezuela welcomed the ratification of human rights
treaties, and initiatives on free and equal access to education and achieving universal
vaccination coverage.
88. Viet Nam welcomed the National Human Rights Action Plan 2017–2021, and
initiatives that Sri Lanka had undertaken, including on women’s and children’s rights,
language rights, human rights education, the reintegration of ex-combatants and alleviation
of poverty.
89. Afghanistan commended the acts on torture and on the International Covenant on
Civil and Political Rights, and encouraged Sri Lanka to accelerate the process of providing
domestic legal guarantees in relation to the International Convention for the Protection of
All Persons from Enforced Disappearance and the Convention on the Rights of Persons
with Disabilities.
90. Algeria welcomed the commitment to national reconciliation, the adoption of the
National Human Rights Action Plan and the ratification of a number of human rights
instruments.
91. Argentina noted measures to provide accountability for the crimes committed during
the armed conflict. It welcomed the ratification of the International Convention for the
Protection of All Persons from Enforced Disappearance.
92. Canada acknowledged the strengthening of the Human Rights Commission of Sri
Lanka, the institutionalization of the Office on Missing Persons and cooperation with the
United Nations. It noted that much work remained on accountability, transitional justice
and reconciliation.
93. Armenia noted positively the ratification of the Convention on the Rights of Persons
with Disabilities. It was concerned about laws discriminating against women, and
encouraged their review.
94. Australia welcomed improvements in freedom of expression, and in the quota for
women in local government elections. It noted discriminatory laws against women and
lesbian, gay, bisexual, transgender and intersex persons and attacks on religious minorities.
95. Austria welcomed the recent ratification of human rights treaties. It was concerned
about reports of human rights violations under the Prevention of Terrorism Act.
96. Azerbaijan noted positively the National Human Rights Action Plan, with its focus
on the rights of women, internally displaced persons, refugees, migrants, persons with
disabilities and others.
97. Bahrain praised the efforts made by Sri Lanka since 2015 to prioritize the widening
of democratic space, and truth and reconciliation, as well as the ratification of the
Convention on the Rights of Persons with Disabilities.
98. Bangladesh commended the ratification of the Convention on the Rights of Persons
with Disabilities and the adoption of a number of laws on freedom of expression and
speech, and of the media. It praised the introduction of “think equal” as a subject in pilot
schools.
99. Belarus noted positively the constitutional amendments and the strengthened
national human rights institutions. It welcomed efforts to develop policies on reconciliation
and the establishment of institutions to implement those policies.
100. Belgium welcomed the Office on Missing Persons. It was concerned about recent
developments in the fight against impunity and in enforcing freedom of religion and
women’s rights.
101. Bhutan congratulated Sri Lanka on the enactment of the Assistance to and Protection
of Victims of Crime and Witnesses Act, of 2015, and the National Human Rights Action
Plan, among others.
102. The Plurinational State of Bolivia welcomed the plan for the provinces aimed at
restoring roads, irrigation channels, schools and houses, and all the initiatives in favour of
small-scale farmers.
103. Brazil reaffirmed its support for the ongoing reconciliation process and encouraged
Sri Lanka to make additional efforts to promote truth, justice, reparation and guarantees of
non-recurrence.
104. Brunei Darussalam noted positively that the alleviation of poverty was a high
priority of Sri Lanka and welcomed the high-level committee in that regard. It also noted
the ratification of the Convention on the Rights of Persons with Disabilities.
105. Burundi welcomed the National Human Rights Action Plan 2017–2021 and
congratulated Sri Lanka on the measures aimed at ensuring education for all.
106. China commended Sri Lanka for the measures taken on education and health, as
well as to combat violence against women and trafficking of persons.
107. Côte d’Ivoire commended Sri Lanka for the progress made towards better relations
with the international community and the Human Rights Council, and encouraged Sri
Lanka to continue such efforts.
108. Cuba noted the ratification of human rights treaties, and the priority given to the
alleviation of poverty in the country’s economic policy.
109. Denmark noted the opening of the Office on Missing Persons and highlighted the
importance of sexual and reproductive health and rights for women and girls.
110. Ecuador acknowledged the ratification of the Convention on the Rights of Persons
with Disabilities, in February 2016, and encouraged Sri Lanka to adapt its national
legislation to the Convention.
111. Egypt acknowledged all the accomplishments in the field of human rights, including
the establishment of a new coalition government following the presidential and
parliamentary elections.
112. Estonia welcomed the National Human Rights Action Plan 2017–2021 and
commended Sri Lanka for its efforts to meet its commitments under Human Rights Council
resolutions 30/1 and 34/1.
113. Ethiopia noted with appreciation the efforts and commitment to eradicate poverty by
2030 and the establishment of different institutions to improve human rights.
114. Finland welcomed the National Human Rights Action Plan 2017–2021 and the
Policy Framework and National Plan of Action on Sexual and Gender-based Violence
2016–2020. It encouraged Sri Lanka to take steps to fulfil its commitments to transitional
justice in line with Human Rights Council resolution 30/1.
115. Sri Lanka noted the recommendations by many delegations with regard to the death
penalty and stated that it was abolitionist in practice and that no one had been put to death
in the past 40 years. Sri Lanka recognized that all rights were interconnected and
indivisible, and expressed its commitment to promoting all rights for all citizens and
realizing its Vision 2025.
II. Conclusions and/or recommendations
116. The recommendations formulated during the interactive dialogue/listed below
have been examined by Sri Lanka and enjoy the support of Sri Lanka:
116.1 Consider ratifying the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty (Uruguay);
116.2 Ratify the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (Poland)
(Uruguay) (Denmark);
116.3 Ratify the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (Senegal);
116.4 Accede to the Optional Protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (New
Zealand);
116.5 Ratify the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment as soon as
possible (Ghana);
116.6 Upon ratification, implement the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (United Kingdom of Great Britain and Northern Ireland);
116.7 Consider ratification of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Afghanistan);
116.8 Consider ratifying the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(Côte d’Ivoire);
116.9 Ratify swiftly the Optional Protocols to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as
well as to the Convention on the Rights of Persons with Disabilities
(Guatemala);
116.10 Ensure safeguards against arbitrary arrest and torture or other
cruel, inhuman or degrading treatment and ratify the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Portugal);
116.11 Continue to strengthen its cooperation with the Human Rights
Council and its mechanisms (Myanmar);
116.12 Respond positively to the pending visit requests by the special
procedures mandate holders (Latvia);
116.13 Continue the process of constitutional reforms, including
consideration of a new Bill of Rights that will, amongst others, guarantee the
right to life and the right to non-discrimination on any ground (South Africa);2
116.14 Continue the constitutional reform to create a more comprehensive
framework for the promotion and protection of human rights (Viet Nam);
116.15 Continue the Constitutional reforms to guarantee the fundamental
rights of the entire population, and move forward in the implementation of the
reforms as planned in the National Human Rights Plan (Mexico);
116.16 Ensure adequate funding and manpower for the Human Rights
Commission of Sri Lanka (Philippines);
116.17 Ensure the full alignment of the Human Rights Commission of
Sri Lanka in accordance with the Paris Principles (Afghanistan);
116.18 Make further efforts to ensure the implementation of its National
Human Rights Action Plan (Myanmar);
116.19 Continue its efforts for the passing of the National Human Rights
Action Plan and afterwards its implementation (Pakistan);
116.20 Work with the development partners to facilitate the implementation
of the National Human Rights Action Plan (Philippines);
116.21 Ensure that adequate resources are invested for the effective
implementation of the National Human Rights Action Plan 2017–2021, in
particular at the provincial level (Singapore);
2 The recommendation as read during the interactive dialogue: “Hasten the process of constitutional
reforms, including consideration of a new Bill of Rights that will, amongst others, guarantee the right
to life and the right to non-discrimination on any ground (South Africa)”.
116.22 Continue its efforts to implement the national human rights action
plan (Sudan);
116.23 Work to ensure that all government agencies and relevant
stakeholders are fully aware of the National Action Plan for human rights and
effectively implement it for the benefit of all people, especially the most
vulnerable groups in the society (Thailand);
116.24 Continue strengthening the integration of human rights in its public
policies by strengthening the government agencies at all levels for the
implementation of the National Action Plan on Human Rights 2017–2021
(Bolivarian Republic of Venezuela);
116.25 Continue its close cooperation with the United Nations bodies and
mechanisms to implement the National Human Rights Action Plan
(Azerbaijan);
116.26 Implement the National Action Plan on Human Rights for 2017–2021
(Cuba);
116.27 Ensure the allocation of necessary resources in order to implement
measures planned under the National Human Rights Action Plan (Belarus);
116.28 Scale up awareness-raising of new policies and legislation at the
grass-roots level (Ethiopia);
116.29 Pursue its initiative to include the subject of “human rights” in its
education curriculum, as it would facilitate national reconciliation by building
trust and confidence in the society (India);
116.30 Extend human rights education to all sectors of the country
(Burundi);
116.31 Continue the efforts to address any discriminatory laws and practices
in line with Sri Lanka’s accepted international obligations (Ethiopia);
116.32 Do more to combat all forms of discrimination, with a focus on
vulnerable groups (Senegal);
116.33 Continue efforts to protect and promote the rights of the
marginalized and vulnerable sections of the society (Nepal);
116.34 Strengthen measures to promote the right to equality and non-
discrimination against any citizen and/or community, whatever their origin,
age and identity (Plurinational State of Bolivia);
116.35 Take further steps to eradicate all forms of discrimination and
violence against minority communities, including women and girls, and
implement the recent recommendations in this regard from the Committee on
the Elimination of Discrimination Against Women (New Zealand);
116.36 Adopt measures to strengthen the legal framework with the aim of
eliminating all forms of discrimination against minority groups in society,
based on ethnicity, gender, caste or any other ground (Uruguay);
116.37 Prevent and combat all kind of discrimination, in particular those on
the grounds of ethnicity and sexual orientation (Italy);
116.38 Ensure respect for the rights and fundamental freedoms of lesbian,
gay, bisexual, transgender and intersex persons, by investigating and
sanctioning acts of discrimination and violence against such persons
(Argentina);
116.39 Adopt measures to eliminate all forms of discrimination in health-
care settings, including in the context of HIV/AIDS, while paying particular
attention to the specific needs of key populations, including lesbian, gay,
bisexual, transgender and intersex persons (Portugal);
116.40 Adopt comprehensive legislation on hate speech and incitement to
hatred (Sierra Leone);
116.41 Continue the efforts to combat hate speech (Tunisia);
116.42 Take concrete measures aimed at preventing and punishing the
perpetrators of hate speech and incitement of violent attacks against ethnic and
religious minorities (Namibia);
116.43 Investigate all attacks and hate speech against members of religious
minorities, prosecute perpetrators and take steps to prevent reoccurrence
(Australia);
116.44 Address urgently the intensive use of chemicals in agriculture (Iraq);
116.45 Make progress in the drafting and implementation of policies and
measures aimed at attaining Sri Lanka’s sustainable development and
overcoming challenges of climate change for the protection and promotion of
human rights of its population (Nicaragua);
116.46 Integrate the protection and promotion of human rights in its
environmental policies and strategies for response to disasters (Cuba);
116.47 Incorporate climate change considerations into the implementation of
the National Human Rights Action Plan (Viet Nam);
116.48 Continue its efforts for the implementation of the Sustainable
Development Goals at the grass-roots level (Pakistan);
116.49 Focus on economic, social and cultural rights as a first step towards
achieving programmes within the framework of the United Nations 2030
Sustainable Development Agenda (United Arab Emirates);
116.50 Continue efforts to ensure the implementation of the Sustainable
Development Goals for the entire population (Algeria);
116.51 Strengthen the human rights approach in policies to fight against
terrorism (Peru);
116.52 Review the anti-terrorist legislation in order to bring it in line with
international standards (Estonia);
116.53 Consider abolishing the death penalty (Italy);
116.54 Consider abolishing the death penalty (Timor-Leste);
116.55 Strengthen the regulatory and institutional framework to ensure
implementation of the Zero Tolerance Policy on Torture, as well as enhancing
capacity-building on the prevention of torture (Indonesia);
116.56 Strengthen efforts to prevent torture, especially with respect to
people under custody by the criminal investigations department, police and
military agencies (Islamic Republic of Iran);
116.57 Take all necessary steps to prevent police violence and introduce
programmes in police forces and enforcement authorities aimed at raising
awareness against torture and other cruel, inhuman or degrading treatment
(Slovakia);
116.58 Establish a solid legislative mechanism to punish all forms of torture
and violence committed by the police during investigations in order to get
confessions (Madagascar);
116.59 Continue the ongoing process of consolidating democracy and the
rule of law in the country (Nepal);
116.60 Continue carrying out the policy aimed at bringing legislation in line
with its international human rights obligations, and improving judicial and
penitentiary systems, as well as the application of laws in the area of the rights
of national and religious minorities (Russian Federation);
116.61 Advance towards thorough and effective implementation of the
International Convention for the Protection of All Persons from Enforced
Disappearance in national legislation, including the listing of enforced
disappearance as a crime in its criminal legislation (Spain);
116.62 Enact legislation making enforced disappearance a crime under
national law in accordance with the International Convention for the
Protection of All Persons from Enforced Disappearance (Sweden);
116.63 Make the Office of Missing Persons fully operational, inter alia by
appointing well-qualified independent commissioners and allocating sufficient
funds (Germany);
116.64 Provide the Office on Missing Persons with sufficient resources and
equip the office with highly qualified members to perform its mission
independently and effectively (Republic of Korea);
116.65 Publish all reports of previous commissions on enforced
disappearances, in particular the Presidential Commission to Investigate
Complaints of Missing Persons (PCICMP) (Switzerland);
116.66 Adopt legal provisions to define cases of enforced disappearance as a
criminal offence in the national law, fully investigate cases of enforced
disappearance and bring to justice those responsible (Slovakia);
116.67 Ensure that all allegations of arbitrary detention, torture and
enforced disappearance are impartially and effectively investigated by an
independent body (Italy);
116.68 Grant the request of families of victims to get information on the
names and places of detention of detained persons (France);
116.69 Continue to avail international assistance for investigating war
crimes and human rights training for security forces (Islamic Republic of
Iran);
116.70 Guarantee completion of ongoing investigations into abuse committed
against civilian populations during the civil war (France);
116.71 Ensure that comprehensive measures are in place to thoroughly
investigate and provide judicial remedies for cases of violations following the
armed conflict (Sierra Leone);
116.72 Continue to investigate, in an independent and impartial manner, all
human rights violations committed during the conflict and its aftermath, and to
prosecute perpetrators and ensure proper redress to the victims affected, in this
regard (State of Palestine);
116.73 Hold security forces and government officials accountable for human
rights violations and abuses (United States of America);
116.74 Deepen investigation of cases of human rights violations committed
during the conflict, punish the perpetrators and provide adequate reparation to
the victims (Argentina);
116.75 Continue efforts to step up psychosocial assistance programmes to
victims of the conflict, according to their needs (Islamic Republic of Iran);
116.76 Fulfil all the commitments made on transitional justice, including
through the creation of an accountability mechanism which is credible, victim-
centric and supported by international practitioners and through full
operationalization of independent and impartial work of the recently
established Office of Missing Persons (Slovenia);
116.77 Establish a comprehensive transitional justice mechanism, including
operationalizing of an Office of Missing Persons, a truth-seeking commission,
an Office of Reparations and a judicial mechanism with a special counsel, as
committed to (South Africa);3
116.78 Ensure that the transitional justice system is finally created (France);
116.79 Expedite the process of reconciliation and transitional justice,
including through the commencement of the operation of the Office of Missing
Persons, the enactment of the new counter-terrorism legislation, as well as the
additional release of land to the people in the northern and eastern provinces of
the country (Thailand);
116.80 Establish an encompassing framework of judicial and non-judicial
measures to ensure transitional justice, including the creation of a national
mechanism of truth, justice and reconciliation and an office for reparations
(Belgium);
116.81 Accelerate the process to establish a transitional justice system that
includes an equal participation of women, that relies on personnel trained to
deal with cases of sexual violence and violence against women, and whose
rulings are transparent and public (Mexico);
116.82 Continue its efforts towards national reconciliation in cooperation
with the international community, while fully engaging with all stakeholders
(Japan);
116.83 Pursue the efforts towards reconciliation and the strengthening of
national unity, and to address post-conflict concerns such as the return and
resettlement of internally displaced people, and the social rehabilitation and
reintegration of former combatants (Nicaragua);
116.84 Continue its efforts leading to national reconciliation (Peru);
116.85 Pursue efforts to strengthen national reconciliation and ensure the
achievement of transitional justice (Qatar);
116.86 Continue and step up efforts to promote reconciliation, accountability
and human rights, above all through national initiatives such as the national
policy on reconciliation (Brazil);
116.87 Take the necessary steps to ensure the speedy creation of a
Commission for Truth, a Judicial Mechanism and an Office for Reparations
pursuant to the Human Rights Council resolution 30/1 (Ireland);
116.88 Take the necessary legislative steps to establish a Commission for
Truth, a Judicial Mechanism and an Office for Reparations as specified in
resolution 30/1 (Germany);
116.89 Pursue timely and continued progress in its reconciliation and reform
programme in accordance with resolution 30/1 as adopted by the Human
Rights Council (New Zealand);
116.90 Fully implement the commitments agreed to in Human Rights
Council resolution 30/1 (United States of America);
116.91 Fully implement its commitments under Human Rights Council
resolution 30/1 (Australia);4
3 The recommendation as read during the interactive dialogue: “The establishment of comprehensive
transitional justice mechanism, including operationalizing of an Office of Missing Persons, a truth-
seeking commission, an Office of Reparations and a special court with independent counsel as
committed to (South Africa)”.
4 The recommendation as read during the interactive dialogue: “Fully implement its commitments
under Human Rights Council resolution 30/1 and the recommendations of the Consultative Task
116.92 Continue making progress in the implementation of the national
reconciliation project through the Ministries of National Integration and
Reconciliation and of National Coexistence, Dialogue and Official Languages
(Bolivarian Republic of Venezuela);
116.93 Continue efforts to consolidate national reconciliation as a lasting
response to the aftermath of the armed conflict (Algeria);
116.94 Continue to promote national reconciliation by preventing acts of
violence and intimidation against religious and ethnic minorities, and by
ensuring effective prosecution and punishment of perpetrators (Holy See);
116.95 Promote the rights of and compensation for victims of crimes and
witnesses (Egypt);
116.96 Ensure the independence and integrity of the authority and division
for witness and victim protection and allocate sufficient funds beginning with
the 2018 budget (Germany);
116.97 Strengthen efforts to protect freedom of religion and promote
interreligious dialogue (Italy);
116.98 Ensure that the right to freedom of religion and belief is guaranteed
and respected (Madagascar);
116.99 Increase efforts to guarantee and protect freedom of religion and
belief, in line with its obligations under the International Covenant on Civil and
Political Rights (Belgium);
116.100 Actively encourage dialogue between various religious groups to
enhance interfaith solidarity, and to prevent potential violence and the spread
of religious hatred (Netherlands);
116.101 Strengthen existing law and practice to guarantee the right to
freedom of religion or belief for all citizens and residents, in particular by
prosecuting and punishing all cases of religiously motivated violence (Poland);
116.102 Hold accountable perpetrators of harassment and violence against
members of religious minority communities (United States of America);
116.103 Condemn all acts of intimidation of, or violence against, members of
religious minorities, and bring all perpetrators to justice without delay
(Netherlands);
116.104 Take all necessary measures to ensure the protection of civil society
actors and journalists and to investigate cases of threats and attacks against
them (State of Palestine);
116.105 Ensure a safe and enabling environment for civil society and human
rights defenders (Norway);
116.106 Ensure in line with international human rights the protection of
women human rights defenders — including through human rights training of
the police — so that they can fully participate in society without fear of
harassment or violence (Finland);
116.107 Take measures to adequately protect human rights defenders, to
ensure proper investigation into alleged attacks and to prosecute those found
responsible (Ireland);
116.108 Continue efforts to combat human trafficking and provide all
necessary requirements to ensure the implementation of the strategic plan on
this matter (Qatar);
Force on Reconciliation, including to repeal the Prevention of Terrorism Act and replace it with
international best practice legislation (Australia)”.
116.109 Continue its efforts to implement the strategic plan to combat
trafficking in persons (Sudan);
116.110 Consider introducing legislation requiring businesses to report
publicly on efforts to ensure transparency in supply chains, as part of Sri
Lanka’s national action plan to combat human trafficking (United Kingdom of
Great Britain and Northern Ireland);
116.111 Take measures to provide the victims of trafficking with effective
remedy, including compensation and rehabilitation (Armenia);
116.112 Strengthen measures aimed at the full realization of economic, social
and cultural rights (South Africa);
116.113 Implement recommendations by relevant treaty bodies such as the
Committee on Economic, Social and Cultural Rights, to end military
involvement in commercial and other civilian activities (Austria);
116.114 Continue to promote economic and social sustainable development
and poverty reduction, to lay a solid foundation for the enjoyment of all human
rights by its people (China);
116.115 Continue to strengthen and reform the social protection system to
cover all persons, including those from the most disadvantaged and
marginalized groups (Maldives);
116.116 Continue the efforts to combat extreme poverty within the
Sustainable Development Goals framework (Morocco);
116.117 Take all necessary measures to reduce poverty (Saudi Arabia);
116.118 Fully implement its Vision 2025, expand existing programmes such as
the Gramashakthi People’s Movement, or establish new initiatives where
necessary, to boost poverty alleviation efforts and to address regional
disparities (Singapore);
116.119 Continue appropriate policies to eliminate poverty in Sri Lanka by
2030 as stated in paragraph 87 of the report (United Arab Emirates);
116.120 Continue to pursue its successful social policies in the fight against
poverty, with the aim of increasing the quality of life of its people, particularly
the most vulnerable sectors (Bolivarian Republic of Venezuela);
116.121 Continue its efforts in alleviating poverty through health, education
and housing programmes and in developing enabling legislation to ensure the
human rights of vulnerable groups (Bhutan);
116.122 Encourage the implementation of its national policy on poverty
alleviation to realize its goals of eradicating poverty in the country by 2030
(Brunei Darussalam);
116.123 Establish a specific programme to produce opportunities for income
for women, mainly in rural areas (Honduras);
116.124 Establish a disaggregated database on women heads of households to
be used uniformly in welfare and resettlement policies and programmes,
including to ensure that women heads of households and internally displaced
persons have targeted psychosocial and livelihood assistance, as well as
adequate and durable access to housing (Finland);
116.125 Continue to take positive measures to better protect the right of its
people to education, health care, employment, housing and food, etc. (China);
116.126 Continue to implement measures to promote infrastructure
development and capacity-building, especially in the field of health and medical
services (Japan);
116.127 Take measures to allocate adequate resources to develop the quality
of health and educational services in plantation areas (Islamic Republic of
Iran);
116.128 Adopt in line with the 2030 Agenda all legislative and political
measures as needed to guarantee universal access to sexual and reproductive
health, according to the Plan of Action of the Beijing Conference (Honduras);
116.129 Ensure equal access to education for vulnerable people, including
women, children and persons with disabilities (Lao People’s Democratic
Republic);
116.130 Strengthen the democratic control of the defence sector, in particular
suspend the involvement of members of the armed forces in economic activities,
in order to ensure guarantee of property of citizens, as well as their livelihoods
(Switzerland);
116.131 Accelerate the restitution of lands confiscated by the army and set up
a satisfactory compensation system (France);
116.132 Consider the review of the land laws in order to address the
immediate needs of internally displaced persons (Georgia);
116.133 Take all the necessary measures to significantly increase the process
of returning occupied private land back to its rightful owners, with a view to
also addressing accusations of land-grabbing (Haiti);
116.134 Set up a genuine policy on protection and promotion of women’s
rights (France);
116.135 Intensify measures to advance women’s rights, including vocational
training of youth and measures relating to access to justice, and legislative
reform, as well as implementation of gender responsiveness at all levels of
governance and policymaking (Indonesia);
116.136 Continue efforts to enhance the empowerment of women and the
elimination of discrimination and violence against women (Tunisia);
116.137 Fully incorporate the Convention on the Elimination of All Forms of
Discrimination against Women into Sri Lanka’s domestic system (Norway);
116.138 Guarantee equality between men and women through an exhaustive
review of national legislation (Guatemala);
116.139 Review and repeal discriminatory provisions against women in its
domestic legislation (Latvia);
116.140 Consider undertaking a review of domestic laws with a view to
guaranteeing equality between men and women, including laws that govern the
rights of succession with respect to land permits and grants, and the absence of
a minimum age for marriage under Muslim law (Ghana);
116.141 Eliminate discriminatory practices against women in relation to
rights to succession, inheritance and possession of land (Spain);
116.142 Review domestic laws that have an impact on equality between
women and men, in particular those that govern rights of succession, the
disposal of immovable property and the establishment of a minimum age for
marriage (Portugal);
116.143 Repeal domestic legislation that discriminates against women,
including on rights to succession to land permits and grants, and the disposal of
immovable property, as well as to address obstacles to equal participation of
women in political, economic and public life (Namibia);
116.144 Continue efforts to address discrimination against women and
combat gender-based violence (Lao People’s Democratic Republic);
116.145 Strengthen efforts towards elimination of violence against women
(Georgia);
116.146 Pursue all efforts to fight gender-based violence (Saudi Arabia);
116.147 Design and implement strategies to tackle sexual and gender-based
violence, including addressing related stigma towards victims and survivors, as
per the National Human Rights Action Plan, the National Plan of Action for
addressing Sexual and Gender-Based Violence and the Declaration on
Preventing Sexual Violence in Conflict (United Kingdom of Great Britain and
Northern Ireland);
116.148 Criminalize conjugal violence and adopt a comprehensive strategy to
prevent and fight against gender-based violence (Honduras);
116.149 Continue to take measures to end all forms of violence against women
and expedite the finalization of amendments to the Prevention of Domestic
Violence Act (Maldives);5
116.150 Allocate adequate resources to ensure the continuous and effective
implementation of the National Action Plan to Address Gender-Based Violence
(Malaysia);
116.151 Continuously provide gender-sensitive trainings to authorities
handling gender-based violence cases (Malaysia);
116.152 Intensify its efforts to investigate allegations of sexual violence by the
security forces and ensure that perpetrators are prosecuted and punished
(Timor-Leste);
116.153 Protect and promote the rights of women, end sexual violence in
conflict and do not allow impunity for such crimes (Egypt);
116.154 Equip all police stations with a women’s desk, private rooms, and a
sufficient number of female police officers, with a view to better ensuring
women’s and girls’ access to justice (Haiti);
116.155 Increase women’s participation in public and political life, and
reform laws that discriminate against women (Iraq);
116.156 Continue promoting the participation and empowerment of women
in the decision-making process and combat discrimination against their role in
the family and society (Libya);
116.157 Continue the efforts to promote and protect the rights of women, and
strengthen measures already adopted aimed at enhancing their political
participation (Morocco);
116.158 Pursue sustained policies aimed at the promotion of women’s full and
equal participation in decision-making at all levels of government (Norway);
116.159 Work on the implementation of the Agenda on Women, Peace and
Security so as to ensure effective participation of women in all areas of
decision-making processes (Spain);
116.160 Enhance participation by women in political and public life and
further increase assistance to women heads of households in gaining access to
employment and services to improve their socioeconomic conditions (Bahrain);
116.161 Adopt concrete initiatives to eradicate all kinds of discrimination
against children, through the empowerment of their rights and fair
mechanisms of reparation (Ecuador);
5 The recommendation as read during the interactive dialogue: “Continue to take measures to end all
forms of violence against women and expedite the finalization of Domestic Violence Bill
(Maldives)”.
116.162 Adopt special measures to ensure that persons in particularly
vulnerable situations, such as children, have meaningful access to the justice
system and other complaint procedures (Bahrain);
116.163 Address discrimination against children on the basis of their ethnic
origin or economic situation (Iraq);
116.164 Continue efforts to protect effectively women, children, and ethnic
minorities’ rights, and combat discrimination they are facing (Poland);
116.165 Prohibit corporal punishment of children in all settings, including at
home (Montenegro);
116.166 Continue its efforts for the protection of children and combating
child labour (Tunisia);
116.167 Ensure access of persons with disabilities to education, employment,
public transportation, health and political participation, and eliminate
discriminatory laws and regulations (Mexico);
116.168 Continue allocating adequate funds for welfare programmes
providing support to persons with disabilities (Azerbaijan);
116.169 Continue with its efforts to increase the number of persons with
disabilities employed in the public service (Brunei Darussalam);
116.170 Continue to effectively address issues such as poor access to
education and health systems for persons with disabilities (Japan);
116.171 Continue the protection programmes and policies of the Tamil
population so that they can fully enjoy their rights, particularly economic,
social and cultural rights (Peru);
116.172 Give particular attention to the effective participation of minorities in
the decision-taking process, offering equal economic and social opportunities,
and to create practices and institutions to ensure that the ethnic, linguistic and
religious diversity of the country can be fully integrated (Guatemala);
116.173 Accelerate the enactment of the Sri Lanka Employment Migration
Authority Act on the protection of migrant workers and their families in line
with the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families (Indonesia);
116.174 Apply alternatives to detention of irregular migrants, in particular
for families and children (Portugal);
116.175 Reinforce its policies to provide asylum seekers and refugees access to
education services that are available nationally (Holy See);
116.176 Exert further efforts to ensure return and resettlement of the
remaining internally displaced persons (Azerbaijan);
116.177 Strengthen measures to address the needs of people affected and
displaced by conflict and seek durable solutions to their displacement (Egypt).
117. The recommendations formulated during the interactive dialogue listed below
have been examined by Sri Lanka and have been noted by Sri Lanka:
117.1 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty
(Montenegro) (Spain);
117.2 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights (Poland);
117.3 Halt the use of the death penalty in all circumstances and take steps
towards its abolition, including ratification of the Second Optional Protocol to
the International Covenant on Civil and Political Rights (New Zealand);
117.4 Consider ratifying the 1951 Convention relating to the Status of
Refugees and its 1967 Protocol (Côte d’Ivoire);
117.5 Ratify the Rome Statute of the International Criminal Court as well
as the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and establish a National
Torture Prevention Mechanism (Austria);
117.6 Ratify the optional protocols to the Convention on the Rights of the
Child on a communications procedure, to the Convention on the Rights of
Persons with Disabilities and to the International Covenant on Economic,
Social and Cultural Rights (Slovakia);
117.7 Ratify the Optional Protocol to the Convention on the Rights of
Persons with Disabilities (Burundi);
117.8 Adhere to and adapt national legislation to the Arms Trade Treaty
and sign the Treaty on the Prohibition of Nuclear Weapons (Guatemala);
117.9 Ratify the 1951 Convention relating to the Status of Refugees and its
1967 Protocol (Portugal) (Sierra Leone);
117.10 Ratify the Rome Statute of the International Criminal Court
(Slovenia) (Timor-Leste);
117.11 Ratify the Rome Statute of the International Criminal Court
(Estonia);
117.12 Adhere to and adapt its national legislation with the Rome Statute
(Guatemala);
117.13 Ratify the Rome Statute of the International Criminal Court and
fully align its legislation with all the obligations under the Rome Statute
(Latvia);
117.14 Ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169)
of the International Labour Organization (Guatemala);
117.15 Ratify the Convention on the Non-Applicability of Statutory
Limitations to War Crimes and Crimes against Humanity (Armenia);
117.16 Guarantee that the new constitution clearly and expressly recognizes
the fundamental principle of the separation of powers, establishes checks and
balances and guarantees the independence of the judiciary and the courts,
while ensuring that all stakeholders have a place at the table when drafting the
new constitution (Haiti);
117.17 Consider the creation of a Ministry responsible for acceleration of the
implementation of the new National Human Rights Action Plan 2017–2021,
developed in 2016 (Côte d’Ivoire);
117.18 Ensure that Constitutional reforms guarantee equal protections,
rights and treatment of all individuals, without distinction (Canada);
117.19 Amend its laws that discriminate against women, and decriminalize
consensual same-sex conduct (Australia);
117.20 Amend the Penal Code, particularly Sections 365 and 365A, to
decriminalize consensual same-sex conduct and displays of affection
(Netherlands);
117.21 Decriminalize same-sex relations and take concrete measures to
combat discrimination and violence against the lesbian, gay, bisexual,
transgender and intersex community (Brazil);
117.22 Decriminalize same-sex conduct by repealing Sections 365 and 365A
of the Penal Code (Canada);
117.23 Amend the Penal Code, particularly Sections 365 and 365A, to
decriminalize consensual same-sex conduct as well as displays of affection
(Sweden);
117.24 Modify the criminal code in order to decriminalize consensual sexual
behaviour between persons of the same sex, suppress degrading terms that
could be used against the lesbian, gay, bisexual, transgender and intersex
community, and avoid abuse and harassment by police authorities (Uruguay);
117.25 Decriminalize same-sex consensual relationships and adopt all
necessary measures to combat discrimination and violence based on sexual
orientation or gender identity, and guarantee access of lesbian, gay, bisexual,
transgender and intersex people to health services (Honduras);
117.26 End impunity and ensure that perpetrators of incitement to hatred
and violence are brought to justice in compliance with international law
(Sweden);
117.27 Repeal the Prevention of Terrorism Act and enforce an immediate
moratorium on its use; ensure that the draft Counter-Terrorism Act is
compliant with international human rights standards (Canada);
117.28 Abolish the death penalty (Australia);
117.29 Take concrete measures to abolish the death penalty (Norway);
117.30 Transform its de facto moratorium on the application of the death
penalty into definitive abolition (Portugal);
117.31 Abolish capital punishment, establish a moratorium on all pending
executions and commute all death sentences to prison sentences (Slovakia);
117.32 Abolish capital punishment and commute death sentences to prison
terms (Holy See);
117.33 Abolish the death penalty, considering that the moratorium on
judicial executions has been in place since 1975 (Namibia);
117.34 Ensure, in law and in practice, that all detainees are afforded
fundamental legal safeguards from the outset (Holy See);
117.35 Publish a consolidated list of missing persons (Switzerland);
117.36 Take comprehensive measures to ensure that the alleged war crimes
and other human rights violations committed during the internal conflict are
investigated and prosecuted, with the aim of ending impunity (Estonia);
117.37 Expedite the ongoing process and establish a clear timeline to
establish a truth-seeking commission and an Office on Reparations as well as a
special court to investigate allegations of serious human rights violations
(Republic of Korea);
117.38 Move with concrete steps — most evidently seen through committed
financial resources in the national budget, and appointed experts with concrete
mandates — on all four transitional justice mechanisms (the former Yugoslav
Republic of Macedonia);
117.39 Develop a clear timeline and benchmarks for the full implementation
of Sri Lanka’s commitments under Human Rights Council resolution 30/1
(Germany);
117.40 Develop a clear timeline and benchmarks for the full implementation
of its commitments in Human Rights Council resolution 30/1 (Norway);
117.41 Develop an unambiguous timeline accompanied with a monitoring
framework for the full implementation of its commitments under Human
Rights Council resolution 30/1 (the former Yugoslav Republic of Macedonia);
117.42 Act on its commitments in Human Rights Council resolution 30/1
including to establish transitional justice mechanisms, and to establish a clear
timeline to this end (Austria);
117.43 Develop a clear timeline and benchmarks for the full implementation
of Human Rights Council resolution 30/1 (Denmark);
117.44 Foster reconciliation through accelerated implementation of Human
Rights Council resolution 30/1, including by launching the Office of Missing
Persons, ending military involvement in civilian functions, returning lands to
civilian owners, and establishing a judicial mechanism with the participation of
foreign investigators, prosecutors and judges (Canada);
117.45 Fully implement the recommendations of the Consultative Task
Force on Reconciliation, including to repeal the Prevention of Terrorism Act
and replace it with international best practice legislation (Australia);6
117.46 Adopt a national policy on the protection of journalists and human
rights defenders to combat intimidation and violence, and to ensure effective
investigation of such acts and prosecution of perpetrators (Austria);
117.47 Consider a large-scale transfer of land for civilian use in the northern
and eastern provinces of the country (Ghana);
117.48 Continue its efforts to ensure legal ownership and restitution to long-
term internally displaced persons and refugees, as provided by international
law standards (Holy See);
117.49 Amend or repeal article 16 of the Constitution and amend all
Personal Laws to remove discriminatory provisions against women as well as
barriers to engaging in the political process (Canada);
117.50 Strengthen measures to eliminate all forms of violence against
women, inter alia by criminalizing marital rape (Belgium);
117.51 Adopt specific legislation that explicitly prohibits domestic violence,
including marital rape, and ensure its stringent implementation and
enforcement (Slovenia);
117.52 Amend the Penal Code to decriminalize and eliminate all punitive
measures related to termination of pregnancies in cases of rape, incest and
severe foetal impairment (Denmark);
117.53 Take the necessary measures to establish a national procedure for the
determination of refugee status (Argentina).
118. 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.
III. Voluntary pledges and commitments
119. Ensure that the ongoing constitutional reform process is inclusive, and takes into
account fundamental principles of equality and non-discrimination, separation of powers,
checks and balances, and the independence of the judiciary.
120. Train and appoint information officers and designated officers to all public
authorities covered under the Right to Information Act to fulfil the right to information.
6 The recommendation as read during the interactive dialogue: “Fully implement its commitments
under Human Rights Council resolution 30/1 and the recommendations of the Consultative Task
Force on Reconciliation, including to repeal the Prevention of Terrorism Act and replace it with
international best practice legislation (Australia)”.
121. Accede to the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and designate the Human Rights
Commission of Sri Lanka as the national preventive and monitoring mechanism to fulfil
obligations under the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
122. Review and repeal the Prevention of Terrorism Act, and replace it with new counter-
terrorism legislation compliant with international human rights standards.
123. Increase the number of, and strengthen, the women’s and children’s desks of the
Children’s and Women’s Bureau of the Sri Lanka Police to ensure a gender-responsive
justice system.
124. Enforce legislation guaranteeing women’s political representation at the provincial
and local authority levels.
125. Ensure, and strengthen, respect for the fundamental rights of all persons, including
those from the lesbian, gay, bisexual, transgender, intersex and queer community, and
address concerns raised in that regard.
126. Formulate a comprehensive reparations policy to guide the granting of reparations to
persons affected by the armed conflict, including internally displaced persons.
127. Ensure that all security forces personnel to be deployed in overseas peacekeeping
missions are adequately vetted through a comprehensive process with the participation of
the Human Rights Commission of Sri Lanka.
128. Fulfil commitments contained in Human Rights Council resolution 30/1 towards the
operationalization of the Office on Missing Persons, and the establishment of a truth-
seeking commission, an office for reparations, and a judicial mechanism with a special
counsel.
129. Work towards achieving the Sustainable Development Goal of alleviating poverty
through national-level initiatives including the Gramashakthi People’s Movement.
130. Take measures to incorporate the provisions of the Convention on the Rights of
Persons with Disabilities into domestic law.
Annex
Composition of the delegation
The delegation of Sri Lanka was headed by Hon. (Dr.) Harsha de Silva, MP Deputy
Minister of National Policies and Economic Affairs and composed of the following
members:
• Mr. Prasad Kariyawasam, Secretary to the Ministry of Foreign Affairs;
• H.E. Mr. Ravinatha Aryasinha, Ambassador and Permanent Representative of Sri
Lanka to the United Nations in Geneva;
• Mr. Nerin Pulle, Deputy Solicitor General, Attorney General’s Department;
• Mrs. Samantha Jayasuriya, Deputy Permanent Representative, Permanent Mission
of Sri Lanka in Geneva;
• Ms. Mahishini Colonne, Director General/UN, US, Canada, Ministry of Foreign
Affairs;
• Ms. Chandima Wickramasinghe, Senior Assistant Secretary to the President;
• Mr. Gehan Gunatilleke, Consultant to the Ministry of Foreign Affairs;
• Ms. Shashika Somaratne, Minister Counsellor, Permanent Mission of Sri Lanka in
Geneva;
• Ms. Mafusa Lafir, First Secretary, Permanent Mission of Sri Lanka in Geneva;
• Ms. Dulmini Dahanayake, Second Secretary, Permanent Mission of Sri Lanka in
Geneva;
• Ms. Nethmini Medawela, Research and Coordination Assistant, Ministry of Foreign
Affairs.