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. 2

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