A/HRC/34/53/Add.3
VI. Conclusions and recommendations
60.
The National Unity Government established in January 2015 must be
commended for many of its reform initiatives and positive practices to promote good
governance and national reconciliation. However, as a consequence of the long conflict
and the prevailing culture of impunity that remains unaddressed, there is a clear trust
deficit vis-à-vis the State as well as between the communities in Sri Lanka. The
polarized social and political environments and divisions that cut across society
through ethnic, religious and linguistic lines are key obstacles to the reform process as
well as to the much-needed process of national reconciliation. Adversarial
ethnicization of politics blocks progress in achieving the reform needed for the full
protection and promotion of minority rights.
61.
The protection and realization of the rights of minorities are instrumental not
only to reduce communal tensions but are essential components of good governance.
History has shown that societies in which mechanisms are in place that allow
minorities to freely use their language, practise their culture and religion and
participate in political and economic life on an equal footing with the rest of the
population are the societies that succeed in creating lasting peace and stability.
62.
Protection and promotion of minority rights and national reconciliation are not
contradictory. The Special Rapporteur firmly believes that the success of the ongoing
reform and reconciliation process depends on the extent to which the Government can
place a minority rights regime firmly on its longer-term governance and transitional
justice agenda. Particular attention should be paid to effective participation of
minorities in decision-making, equality in access to economic and social opportunities
and the constructive development of practices and institutional arrangements to
accommodate ethnic, linguistic and religious diversity within society. Where
inequalities based on ethnicity have existed, whether intentionally or de facto,
corrective special measures must be undertaken to establish equal enjoyment of rights
on the basis of accurate and disaggregated data.
63.
For the good governance initiative to succeed, there is also a need for all Sri
Lankans to come together and regenerate trust at all levels of society. While
addressing the past and ensuring accountability, a conscious effort to strengthen the
Sri Lankan identity and the notion of nationhood to foster a stronger sense of
belonging and togetherness of all Sri Lankans is critically needed. The Special
Rapporteur very much welcomes the National Policy on Reconciliation (2016) in this
regard.
64.
The constitutional reform and the transitional justice process present an
unprecedented opportunity to address the past and shape a common vision of the
future for Sri Lanka, and at the same time to build in a strong minority rights regime
in the governance structure, putting in place legal and institutional guarantees for
equality and non-discrimination for all. It is important that the Government present a
clear vision and road map, with timelines as necessary for the implementation of these
important processes in a uniform manner.
65.
Mechanisms such as the Secretariat for Coordinating Reconciliation
Mechanisms and the Office for National Unity and Reconciliation will undoubtedly
play an important role in moving the country forward along with other existing
independent commissions. The Special Rapporteur particularly welcomes the
enhanced independence of the National Human Rights Commission. She urges the
Government at all levels to extend full institutional cooperation to these institutions
and mechanisms, ensuring that sufficient human and financial resources are provided
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