| dc.description.abstract | The foregoing analysis has resulted in several key findings that could contribute to ongoing efforts to implement the recommendations of the LLRC. These findings also reflect on how comprehensive and effective the NPA is, given the fact that it is the main tool designed to put the LLRC recommendations into effect.
First, the total number of actionable LLRC recommendations is 167. This figure comes from counting 180 distinct recommendations of which 13 are found to be nonactionable due to the relevant Land Circular No. 2011/04 no longer being in effect.
Second, the UNHRC Resolution 19/2 of March 2012 makes reference to ‘constructive recommendations’ of the LLRC and lists eight specific categories. Evaluating the LLRC recommendations in terms of these categories reveals that 80 (or 47%) of the
167 recommendations do not fall into any of the constructive categories. The balance 87 recommendations are distributed amongst the eight categories. No category contains less than 3% of the recommendations, and none has more than 12% of the recommendations.
Third, an assessment is made of the timeframes that would be needed to implement the LLRC recommendations. It is assessed that only 27% of the 167 recommendations would need more than a year to implement, and 23% could be implemented within one month. The balance 50% is assessed as being implementable within one year.
Fourth, of the 167 LLRC recommendations, 69 recommendations (or 41.3%) are fully included in the NPA. A further 51 (or 30.5%) are partly included in the NPA. This leaves 47 (or 28.1%) that have been omitted from the NPA.
Fifth, when analysing the level of inclusion in terms of the ‘constructive categories’ in the UNHRC Resolution, it is found that all (100%) of the LLRC recommendations relating to ‘promoting and protecting the right of freedom of expression for all’ are fully included in the NPA. With regard ‘strengthening formerly independent civil institutions’, all the recommendations of the LLRC enter the NPA, but only 60% are fully included, with 40% being only partly included. On ‘enacting rule of law reforms’ 84% of the relevant LLRC recommendations enter the NPA, but only 47% are fully included, while 37% are partly included. Of the relevant recommendations on ‘demilitarising the North of Sri Lanka’, 83% enter the NPA with 50% fully included, and 33% only partly included. The constructive category under which LLRC recommendations are least included in the NPA is that of ‘reaching a political settlement on the devolution of power to the Provinces’. None of the relevant recommendations in this category are fully included, and only 43% are even partly included. The second weakest is in the area of ‘re-evaluating detention policies’ where only 45% enter the NPA with 28% fully included and 17% partly included.
The final section of this report provides a critical assessment of the (i) content, (ii) timeframes, (iii) Key Performance Indicators (KPIs) and (iv) assignment of implementing agencies. The analysis reveals some strengths, such as when the NPA includes three recommendations that are relevant but go beyond what is anticipated by the LLRC recommendations. However, overall, the analysis has shown much room for improvement, and this has been enumerated by identifying the types of weaknesses that emerge in the NPA with regard to the four areas.
It is not clear whether at present there is an agency that is tasked with the overall monitoring of the implementation of the NPA. Such an agency could contribute to successful implementation by (1) monitoring the implementation of the NPA; (2) improving KPIs; (3) assessing the level to which KPIs have been met; (4) and publishing progress reports on implementation. | en_US |
