A/HRC/34/53/Add.3
78.
Intensified efforts by national authorities and the international community are
required to facilitate the voluntary return of the displaced, including those evicted by
LTTE in 1990, and to ensure the improvement and sustainability of returnee
communities. The outstanding recommendations of the Special Rapporteur on the
human rights of internally displaced persons following his visit to Sri Lanka in
December 2013 (see A/HRC/26/33/Add.2, para. 56) should be implemented without
further delay.
79.
In the light of the Government’s commitment to repeal the Prevention of
Terrorism Act, the Special Rapporteur recommends its immediate repeal, ensuring
that any new antiterrorism legislation that replaces the Act meets all relevant
international standards. The cases of all security-related detainees should also be
reviewed immediately with a view to their swift release if there are no elements that
would merit a prosecution; alternatively, those against whom there is evidence of
involvement in serious crimes should be charged.
80.
Minority women and children are particularly vulnerable to the effects of
discrimination, social exclusion and poverty and their situation merits particular,
focused attention. The Government should undertake research and formulate specific,
targeted programme responses as appropriate. Targeted psychosocial and livelihood
assistance for women in the war-affected areas, particularly the female heads of
household and former combatants, need to be strengthened. It is equally important to
ensure that women’s voices are systematically heard and reflected in the transitional
justice process. The amended Local Government Election Act and its quota of 25 per
cent of places to be given to women should also consider the inclusion of minority
women.
81.
The Special Rapporteur recommends a review of all personal laws of minority
communities (such as Kandyan, Tesawalamai or Muslim law) in line with
international human rights standards, especially the 1951 Muslim Marriage and
Divorce Act. Such reviews should be conducted in full consultation with the
community concerned, including women’s groups. The supremacy of the Constitution
must be guaranteed so that all fundamental rights provided for in the Constitution
can be guaranteed for all without discrimination.
82.
It will be crucial for the new plan of action for the Plantation community to be
implemented with sufficient resources and with the participation of the community.
The current progress of construction of houses must be continued to achieve the goal
of 50,000 houses in the next five years. The Government’s commitment to provide title
deeds for ownership of 7 perches of land per household will also require estate
management cooperation in finding and allocating suitable lands. With respect to the
estates that are privately owned, the Special Rapporteur, recalling the Guiding
Principles on Business and Human Rights, underscores the responsibility of private
companies to respect human rights, which is complementary to the responsibilities of
the Government.
83.
The Special Rapporteur draws the attention of the Government to the
recommendations contained in her report on minorities and discrimination based on
caste and analogous systems of inherited status (A/HRC/31/56) and urges their
implementation as appropriate.
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