SRI LANKA REPORT OF THE SPECIAL RAPPORTEUR ON MINORITY ISSUES: CONCLUSIONS AND RECOMMENDATIONS
Image: Rita Izsak, UN Special Rapporteur on minority issues.
22/02/2017
From the report of the Special Rapporteur on minority issues on her mission to Sri Lanka.
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 creatinglasting 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 for the full implementation of their mandates. Recruitment of staff from diverse ethnic and religious communities should continue to be encouraged. The Office of Missing Persons should be established swiftly and transparently.
Minorities commission
