E/C.12/LKA/CO/5
Lanka and the standing invitation issued in 2015 to all thematic special procedure mandate
holders of the Council.
6.
The Committee welcomes the State party’s efforts to promote the implementation of
economic, social and cultural rights, including:
(a)
The successive national human rights action plans covering the periods of
2011-2016 and 2017-2021;
(b)
The national policy on durable solutions for conflict-affected displacement in
2016;
(c)
The establishment of the Ministry of Hill Country New Villages,
Infrastructure and Community Development in 2015;
(d)
The decision to sing the national anthem in both Sinhala and Tamil on
Independence Day, for the first time since the early 1950s.
C.
Principal subjects of concern and recommendations
Domestic application of the Covenant
7.
The Committee is concerned that at present most economic and social matters
relevant to the individual or groups are confined to Chapter VI of the Constitution, entitled
“Directive principles of State policy and fundamental duties”. As stipulated in article 29 of
the Constitution, these directive principles do not confer or impose legal rights or
obligations and are not enforceable in any court or tribunal. The Committee notes that “the
Supreme Court, through the constitutional equality principle, has derived the right to
education from the directive principles, but that jurisprudence has so far not led to the
establishment of a comprehensive catalogue of judicially enforceable economic, social and
cultural rights”.
8.
The Committee recommends that the State party capitalize on the national
momentum and expedite its Constitutional reform process. It also recommends that
this reform include the adoption of a comprehensive Bill of Rights that fully
incorporates economic, social and cultural rights, bearing in mind the indivisibility
and interdependence of all human rights. The Committee encourages the State party
to take into account the submissions of the Human Rights Commission to the Public
Representations Committee on Constitutional Reform in this regard. The Committee
draws the State party’s attention to its general comment No. 9 (1998) on the domestic
application of the Covenant.
9.
The Committee is concerned that the Human Rights Commission of Sri Lanka does
not have sufficient financial, physical and human resources, that its potential in advising on
legislative processes remains underutilized and that its investigative powers are restricted to
the fundamental rights chapter of the Constitution and therefore do not extend to cases of
alleged violations of rights under the Covenant.
10.
The Committee recommends that the Human Rights Commission of Sri Lanka
be established as an independent body under the new Constitution and that its
mandate be extended so that its investigative powers also cover economic, social and
cultural rights. It also recommends that the State party take measures to ensure that
the Commission has sufficient resources and that its recommendations are duly
considered by the relevant State bodies. The Committee encourages the State party to
ensure that the Commission seeks re-accreditation by the Subcommittee on
Accreditation of the Global Alliance of National Human Rights Institutions.
Independence of the judiciary
11.
While recognizing the current efforts of the State party to strengthen the judiciary,
the Committee is concerned that several decades of armed conflict have eroded the
independence, impartiality and competence of the judiciary. It is also concerned that not all
segments of society are duly represented in the judiciary, at different levels.
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