A/HRC/34/54/Add.2 II. Historical and political context 7. Sri Lanka has a long and complex history of ethnic tensions between the Sinhalese majority and Tamil minority that resulted in a prolonged armed conflict between the Liberation Tigers of Tamil Eelam (LTTE), which sought the establishment of an independent Tamil State in the northern part of the island, and government forces. 3 The remnants of this conflict, which ended in 2009, are still visible within Sri Lankan society, which remains deeply divided. 8. The issue of torture and other cruel, inhuman or degrading treatment or punishment is part of the legacy of the country’s armed conflict, and one of the reasons why the citizens of Sri Lanka continue to live without minimal guarantees of protection against the power of the State, in particular its security forces. Further contributing to this continuing lack of balance of power between the citizens and the State is the real or perceived threat of international terrorism and organized crime, seen by officials as the main threat to the country. However, such circumstances do not justify the continuation of repressive practices or legislation that contributes to human rights violations. 9. Since the change in Government in 2015, Sri Lanka has been increasingly open to engagement with the international community and civil society in the advancement of human rights, including by supporting Human Rights Council resolution 30/1 on promoting reconciliation, accountability and human rights in Sri Lanka. Together with the Government’s “100-day programme” of constitutional reforms, this has resulted in some promising developments, such as the May 2016 report Public Representations on Constitutional Reform,4 the reinstatement of the Constitutional Council and the publication of the bill establishing the Office of Missing Persons. 5 10. The reform process is, however, still fragile, and the country stands at a crucial moment in its history in terms of setting up the necessary mechanisms to remedy its past large-scale human rights violations and prevent their recurrence. The momentum created by the 2015 elections must be used to create the democratic space and genuine political will needed for Sri Lanka to continue on its path of positive change, including the establishment of a comprehensive legal framework and sound democratic institutions that together will give effect to the human rights embodied in the Constitution and in international human rights law. III. Legal framework A. International level 11. Sri Lanka is a party to the main United Nations human rights treaties that prohibit torture and ill-treatment, including the International Covenant on Civil and Political Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of 3 4 5 4 For background information on the conflict in Sri Lanka, see the comprehensive investigation of the Office of the United Nations High Commissioner for Human Rights (OHCHR) (A/HRC/30/61). See http://bit.ly/1UC1kCb. In a communication dated 2 August 2016 sent by the Working Group on Enforced or Involuntary Disappearances to the Government of Sri Lanka, the Working Group, while welcoming the establishment of the Office of Missing Persons, also raised a number of concerns (see A/HRC/34/75, case LKA 2/2016).