Original HRC document

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Document Type: Final Resolution

Date: 2019 Apr

Session: 40th Regular Session (2019 Feb)

Agenda Item: Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

Topic: Sri Lanka, Transitional Justice

GE.19-05673(E)

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Human Rights Council Fortieth session

25 February–22 March 2019 Agenda item 2

Resolution adopted by the Human Rights Council on 21 March 2019

40/1. Promoting reconciliation, accountability and human rights in Sri Lanka

The Human Rights Council,

Reaffirming the purposes and principles of the Charter of the United Nations,

Guided by the Universal Declaration of Human Rights, the International Covenants

on Human Rights and other relevant instruments,

Reaffirming Human Rights Council resolutions 30/1 of 1 October 2015 and 34/1 of

23 March 2017 on promoting reconciliation, accountability and human rights in Sri Lanka,

Recalling Human Rights Council resolutions 19/2 of 22 March 2012, 22/1 of 21

March 2013 and 25/1 of 27 March 2014,

Reaffirming that it is the responsibility of each State to ensure the full enjoyment of

all human rights and fundamental freedoms of its entire population,

Reaffirming also its commitment to the sovereignty, independence, unity and

territorial integrity of Sri Lanka,

Recognizing the strong role played by democratic institutions in Sri Lanka in the

peaceful resolution of the political situation that arose in Sri Lanka from October to

December 2018,

Welcoming the establishment of the Office on Missing Persons in September 2017

and the appointment of its commissioners in February 2018, and the assumption of its work

to fully implement its mandate,

Welcoming also the visits made by the Special Rapporteur on the promotion and

protection of human rights while countering terrorism, from 10 to 14 July 2017, 1 the

Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-

recurrence, from 10 to 23 October 2017, the Working Group on Arbitrary Detention, from 4

to 15 December 2017,2 and the Independent Expert on the effects of foreign debt and other

related international financial obligations of States on the full enjoyment of all human rights,

particularly economic, social and cultural rights, from 3 to 11 September 2018,3

1 See A/HRC/40/52/Add.3.

2 See A/HRC/39/45/Add.2.

3 See A/HRC/40/57/Add.2.

United Nations A/HRC/RES/40/1

Noting with appreciation the return of some private land previously occupied by the

military to civilian ownership, while recalling the repeated public commitments made by

the Government of Sri Lanka to release all private land occupied by the military to enable

local populations to resume their livelihoods,

Noting other steps taken by the Government of Sri Lanka to implement Human

Rights Council resolution 30/1, including the progress made towards establishing an office

on reparations and the submission to cabinet of a concept paper on a bill to establish a truth

and reconciliation commission, the proposed repeal of the Prevention of Terrorism Act of

1978 and the preparation of a draft counter-terrorism act, while reiterating in this context

the need for further significant progress and encouraging in this regard the adoption of a

time-bound implementation strategy,

1. Takes note with appreciation of the comprehensive report presented by the

United Nations High Commissioner for Human Rights to the Human Rights Council at its

fortieth session,4 pursuant to the request made by the Council in its resolution 34/1, and

requests the Government of Sri Lanka to implement fully the measures identified by the

Council in its resolution 30/1 that are outstanding;

2. Welcomes the positive engagement of the Government of Sri Lanka with the

High Commissioner and the Office of the High Commissioner since October 2015, and

with relevant special procedure mandate holders, and encourages the continuation of that

engagement in the promotion and protection of human rights and truth, justice,

reconciliation and accountability in Sri Lanka;

3. Requests the Office of the High Commissioner and relevant special procedure

mandate holders, in consultation with and with the concurrence of the Government of Sri

Lanka, to continue to strengthen their advice and technical assistance on the promotion and

protection of human rights and truth, justice, reconciliation and accountability in Sri Lanka;

4. Requests the Office of the High Commissioner to continue to assess progress

on the implementation of its recommendations and other relevant processes relating to

reconciliation, accountability and human rights in Sri Lanka, and to present a written update

to the Human Rights Council at its forty-third session, and a comprehensive report, to be

followed by a discussion on the implementation of Council resolution 30/1, at its forty-sixth

session.

52nd meeting

21 March 2019

[Adopted without a vote.]

4 A/HRC/40/23.