Analysis of UNHRC Advanced Edition Report on Sri Lanka (A/HRC/60/21, 28 August 2025)

Introduction

In reviewing the UN High Commissioner for Human Rights’ advanced edition report on Sri Lanka, I focus on the Tamil community’s key justice demands and the gap between official promises and on-the-ground reality. The report outlines seven critical areas—accountability for past violations; constitutional reform and devolution; land restitution; reparations and memorialization; civic space and civil society action; repeal of the Prevention of Terrorism Act; and economic equality. For each, I compare the report’s documented progress—such as inaugural acknowledgments of past harms, select legal reforms and infrastructure investments—with the persistent barriers that continue to undermine trust, including enduring impunity, legislative delays, renewed land disputes and limitations on civic freedoms. This dual perspective highlights where genuine momentum exists and where intensified effort must be directed to convert commitments into concrete outcomes.

Disclaimer
The analysis presented here is my personal interpretation of the UNHRC Advanced Edition Report on Sri Lanka (A/HRC/60/21, 28 August 2025) and does not represent the official views or positions of the United Nations, its Member States, or any affiliated body. While every effort has been made to accurately reflect the report’s contents, I make no warranties—express or implied—regarding completeness, accuracy, or timeliness. Readers are encouraged to consult the original report and other primary sources before drawing conclusions or making decisions based on this analysis.

Positive and Negative Outcomes

Accountability for Past Violations

Positive outcomes

• The President’s inaugural address acknowledged decades of divisive politics and the suffering it caused.
• The Office on Missing Persons (OMP) has launched investigations into mass graves at Mannar, Batticaloa, Mullaitivu and Chemmani.

Negative outcomes

• No public prosecutions or trials have been held for international crimes, perpetuating a culture of impunity.
• By December 2024, the OMP had traced only 18 individuals out of 15,000 forced disappearance cases.
• Victim communities remain distrustful due to weak institutional frameworks and a lack of political will.

Constitutional Reform and Devolution of Power

Positive outcomes

• The National People’s Power manifesto commits to drafting a new constitution that guarantees equality and devolves power to local governments, districts and provinces.
• Tamil parties increased their representation in the north and east during the November 2024 parliamentary elections.

Negative outcomes

• No formal amendments to the constitution had been enacted by July 2025.
• Political delays and competing agendas risk weakening promised devolution measures.

Land Restitution and Property Rights

Positive outcomes

• The government has released some military-occupied land in the Northern and Eastern Provinces and announced plans to free additional parcels.

Negative outcomes

• Recurring disputes over land involve Buddhist clergy, state officials and private business interests.
• Gazette No. 2430 threatened to reclassify 5,941 acres in Jaffna, Kilinochchi, Mannar and Mullaitivu as State land unless claims were made within three months (later revoked).
• Many displaced families lack the documentation needed to contest land seizures.

Reparations and Memorialization

Positive outcomes

• In 2024, the Office for Reparations granted support to 11,270 families; from January to April 2025, another 1,292 families—mostly in the north and east—received aid.
• Authorities pledged not to interfere with commemoration events that do not glorify terrorism, and a Mannar court dismissed efforts to restrict memorial gatherings.

Negative outcomes

• The Prevention of Terrorism Act (PTA) has been used to arrest or detain individuals involved in memorialization activities.
• Fear of reprisals continues to deter survivors from publicly commemorating loved ones.

Freedom of Civic Space and Civil Society Action

Positive outcomes

• Government rhetoric has shifted toward a more inclusive national discourse.

Negative outcomes

• NGOs must navigate restrictive funding rules and obtain Defence Ministry security clearances, stifling independent work.
• Patterns of surveillance, intimidation and harassment target human rights defenders and families of the disappeared—often via unannounced visits or summons by military and intelligence officials without legal basis.

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Repeal of the Prevention of Terrorism Act (PTA)

Positive outcomes

• The government has publicly pledged to repeal the PTA.

Negative outcomes

• Despite the pledge, the PTA remains in force and continues to enable arbitrary arrests and prolonged detentions—disproportionately affecting Tamil and Muslim communities.
• Its use restricts peaceful protests and memorialization efforts.

Economic Equality and Development

Positive outcomes

• Roads like Palali–Achchuveli have been reopened in conflict-affected areas, infrastructure budgets have increased, and the Jaffna Library received a significant upgrade.

Negative outcomes

• The Malaiyaha Tamil community, already facing structural discrimination, has been hit hardest by the economic crisis.
• Secure land tenure and fair labour rights remain elusive for many Tamil families.

Conclusion

My analysis finds that while the report captures encouraging steps—mass grave investigations, reparations disbursements, more inclusive rhetoric and reopening of critical infrastructure—these advances risk remaining largely symbolic without sustained follow-through. The absence of prosecutions for international crimes, stalled constitutional amendments, recurring land-claim controversies, ongoing PTA abuses and uneven civic-space protections all signal that real change remains incomplete. To close this implementation gap, Tamil stakeholders must maintain rigorous documentation, pursue strategic litigation, forge multi community coalitions, and engage international mechanisms to uphold pressure for substantive reforms. Only through coordinated, persistent action can the report’s promises translate into lasting justice, equality and reconciliation for Sri Lanka’s Tamil community.