The typical response of the Sri Lankan government against international criticism for gross, widespread and flagrant human rights violations has been to cooperate to the extent of getting off the hook from international scrutiny. ACHR believes that the examination of the fourth periodic report by the United Nations Human Rights Committee after a gap of one decade is an excellent opportunity to make appropriate recommendations for improvement of the human rights situation in the country. ACHR requests the UNHRC to consider the following suggestions for inclusion in the concluding observations and recommendations:

Amend Article 126 of the Constitution of Sri Lanka to enable the high court and the magistrate’s courts to deal with the complaints on violations of fundamental rights, to repeal the 30 days time bar to file petitions and to enable filing of petitions on behalf of those who might have died or disappeared; and if necessary, consider developing Technical Cooperation Projects with the Office of the United Nations High Commissioner for Human Rights to train the high court and magistrate court judges for dealing with petitions on the violations of fundamental rights;

Provide adequate powers and resources to the National Human Rights Commission;

Repeal the Prevention of Terrorism Act; and review each and every case of the PTA detainees through a judicial board within a specific time frame and consistent with international standards on due process of law and fair trial and Sri Lanka’s obligations under international law;

No provisions of emergency regulations and PTA be incorporated under the Prevention of Organised Crimes Bill, 2003 and that the proposed POC Bill, if adopted, must comply Sri Lanka’s obligations under international law;

Ratify the Second Optional Protocol to the International Convent on Civil and Political Rights and abolish death penalty;

Establish special courts for prosecution of all those who have been indicted for disappearances;

Review the Convention against Torture Act No 22 of 1994 and other relevant laws in order to ensure complete compliance with the Convention Against Torture and Article 7 of the ICCPR, in particular in respect of the definition of torture; acts that amount to torture; and extradition, return and expulsion;

Ensure independence of judiciary by ensuring that the decision of the judiciary is final on arrest, detention, trial and conviction even under emergency rules and the PTA, and extend invitation to the United Nations Special Rapporteur on Independence of Judges and Lawyers to visit the country;

Amend the Parliamentary Privileges Act, repeal the Public Performance Act and amend the PTA to ensure the freedom of expression;

Grant citizenship to the Indian origin Tamils within a specified time frame; Recognize the land rights of the indigenous Veddas and ratify the International Labour Organisation Convention No 169 on Indigenous and Tribal Peoples in Independent Countries.