A/HRC/43/48/Add.2
Ampara and Kandy districts have exposed the Police Department’s inexcusable delays to
enforce the law and the Attorney-General’s failure in most instances to prosecute the
perpetrators of violence”.
84.
In his report, the Special Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering terrorism, who visited Sri Lanka in July
2017, noted that “the lack of reaction from the Government to incidences of incitement to
hate speech and racism, and attacks on minorities, including Muslim places of worship, in
what is perceived by Tamils and Muslims as ‘Buddhist extremism’, increases the deeply
engrained sense of injustice felt by these minority communities, and increases Tamil
national sentiments” (see A/HRC/40/52/Add.3).
85.
Despite pledges by the Government to strengthen fundamental freedoms and the rule
of law, it has so far failed to undertake the following critical steps:
(a)
The establishment of a commission for truth, justice and reconciliation, as
well as a judicial mechanism with a special counsel;
(b)
The initiation of a judicial process to look into accountability for abuses by
all sides of the internal conflict;
(c)
The full restoration of land to its rightful civilian owners;
(d)
The cessation of military involvement in civilian activities;
(e)
Effective security sector reforms to vet and remove known human rights
violators from the military;
(f)
The review of witness and victim protection law and individuals involved in
that sector, including investigators, prosecutors and judges;
(g)
The review and repeal of various legal provisions or legislation, such as the
Prevention of Terrorism Act, that are incompatible with international human rights
standards;
(h)
Domestic law reform to prohibit and try serious human rights violations;
(i)
The investigation of hate speech, incitement to violence (including by
religious leaders) and any attacks on civil society.
86.
The above list shows that the authorities have not yet demonstrated the capacity or
willingness to address impunity for gross violations and abuses of international human
rights law and serious violations of international humanitarian law. The State must
recognize that, without truth and justice, without the restoration of the trust of the people by
demilitarizing boundaries and prosecuting perpetrators of the conflict, without the
appropriate mechanism and legislation that are compatible with international human rights
standards, there will be no reconciliation and peace in the country.
87.
Moreover, the Government should not allow the influence of religious clerics to
determine public policy in secular matters. On 3 June 2019, a Buddhist monk commenced
to fast until death, demanding the resignation of three Muslim politicians whom he claimed
were linked to the Easter Sunday attackers. The leader of Bodu Bala Sena visited the monk
and issued a statement warning of the mass mobilization of Bodu Bala Sena supporters if
the Muslim politicians did not comply with the demand. Large mobs gathered in central
Kandy in support of the monk and threatened to attack Muslims. Without a formal
investigation, two governors had to resign the same day. Many worry that this incident sets
a dangerous precedent of recognizing the authority of religious leaders in political matters.
88.
It is essential that the Government not ignore the simmering tensions and intolerance
and the damaging consequences of incitement to hatred and violence in a country that has
gone through a long period of internal conflict. Inaction by the authorities could aggravate
the simmering tensions and if these were left unattended, Sri Lanka may risk being locked
in a vicious cycle of ethno-religious violence. Building societal resilience against violent
extremism and incitement to hatred requires a broad-based approach that relies on good
governance, the rule of law, and respect for human rights and equality for all. This requires
urgent and strong political will and strengthened State institutions to tackle the root causes
of the religious tensions and intolerance analysed above in order to achieve sustainable
peace and economic growth in the country.
17