Minister sets the record straight on Sri Lanka's human rights
situation
Minister of Disaster Management and Human Rights,
Mahinda Samarasinghe responding to the earlier statements made by a few
countries on the situation in Sri Lanka strongly refuted the assertion
that the situation has worsened. He said "We regret one or two
statements made here, that fly in the face of all concrete evidence,
that the situation in Sri Lanka is deteriorating, when we have dealt
more firmly with terrorism, with far-less damage to civilians, than in
any comparative situation."
Minister made these comments at the opening of the
High Level Segment of the 7th Session of the UN Human Rights Council,
yesterday (March 3) in Geneva.
The Minister announced that the Government is in
agreement with the setting up of a Parliamentary Committee on Human
Rights, Rule of Law and Humanitarian Issues. The Government will be
taking steps with the assistance of the Inter Parliamentary Union to
discuss this proposal with other political party leaders in Parliament.
When implemented, this committee, which will include opposition Members
of Parliament, can act as an influential oversight body.
He said that Ministry of Disaster Management and Human
Rights at present is engaged in a discussion with the UNDP and the
Senior Human Rights Advisor to the UN Country Team on future cooperation
between the UN and the Government of Sri Lanka. The main thrust of this
initiative is to formulate a National Plan of Action on the Promotion
and Protection of Human Rights as envisaged in the Vienna Declaration
and Programme of Action.
He expressed confidence that Sri Lanka could count on
her many friends in the Human Rights Council who understand and
appreciate the complexities of the situation faced and the progress made
to date.
The full text of the statement made by the Minister is
as follows:
"Mr. President,
Distinguished delegates,
Ladies and Gentlemen,
At the outset, let me
congratulate you, Mr. President, on your able leadership and the
professionalism with which you have guided the early, and sometimes
challenging, years of this Council to meet the expectations of all
peoples and nations in the world. My delegation assures you our full
cooperation and constructive engagement at all levels in bringing the
work of this Seventh Session to a successful conclusion.
Mr. President,
Sri Lanka is today facing a number of critical
challenges.
Most important among these is the need to secure,
guarantee and advance the rights all Sri Lankans to live in an
environment free from fear and want, enabling them to achieve their full
potential and to live in dignity. When I speak of all Sri Lankans, I
speak of people who belong to every ethnic, linguistic, religious and
cultural background, which makes up the rich and colourful mosaic that
is the Sri Lankan nation.
The greatest impediment we face, in meeting this
challenge, Mr. President, is the armed conflict forced upon us by a
separatist terrorism that seeks to sow the seeds of discord, mayhem and
disunity amongst our people and to dismember our nation. We note that
the Sri Lanka monitoring Mission has ruled 3,830 violations by the LTTE
in five years while a cease-fire agreement was meant to be in force -
representing well over 90 per cent of all the determined violations.
The Government of Sri Lanka therefore stands firm in
its unwavering determination to continue to oppose the use of terrorism
as a means of achieving political gains. We are, Mr. President, equally
firm in our resolve to uphold the sovereignty and territorial integrity
of the country while, at the same time, preserving the fundamental
freedoms of all.
Mr. President,
The Sri Lankan polity has been dominated for a quarter
of a century by an ethnic issue, which requires a political solution as
a means to resolve our problems; not terrorism.
This is why, Mr. President, while we continue our
fight against terrorism, we also endeavour to find a sustainable
political solution acceptable to all. This solution must not only
guarantee social equity and fundamental freedoms but also empower every
citizen through power sharing; bringing government closer to the people.
The All Party Representatives Committee (APRC)
launched by President Rajapakse is tasked with formulating a
comprehensive set of proposals to resolve the ethnic issue. On the eve
of the 60th Anniversary of our independence on 4 February, this
Committee recommended several key measures for expansion of language
rights and for the full implementation of the 13th Amendment to the
Constitution, enacted in 1987, which provided for far-reaching
devolution measures to the Provinces. These measures have been welcomed
by India, which assisted in the initial development of the power sharing
arrangement via the Indo-Lanka Accord, and also by other friendly
nations, as representing a valuable first step in the process of
securing sustainable peace.
Now that the Eastern Province is freed from the
clutches of the separatist terrorists, we are able to reinvigorate the
democratic institutions at provincial and local levels. This is
especially significant as the Eastern Province is one in which all three
communities are represented.
Given the willingness of political actors in this
Province to engage in the electoral process, and in the institutions of
representative democracy, the Government of Sri Lanka strongly believes
that the proposal to implement the 13th Amendment is all the more
important. Subsequent to the abrogation of the 2002 cease-fire, Sri
Lanka has been able to proceed with such a measure, which has been
welcomed by several Tamil political parties that had eschewed violence
and joined the democratic process but been left out of discussions
because of the polarizing nature of the Cease-Fire Agreement as
initially negotiated.
As a first step towards the implementation of police
powers under the 13th Amendment, the first induction of 175 persons of
Tamil ethnic origin, including 50 women, into the police service in the
Eastern Province took place recently and 400 more police officers of
Tamil origin are to be recruited shortly. The people recruited are from
the local area; they speak the local language and come from similar
communities that they serve. The principle of recruitment of officers of
Tamil ethnic origin underlines the Government's commitment to ensure
that police officers deployed in these areas can communicate with the
local community and thereby better fulfill their responsibilities.
Mr. President, Language has been one of the most
important issues underlying the ethnic problem. The Government has taken
concerted action to ensure language rights in accordance with
Constitutional obligations. The Sri Lankan legislature recently enacted
the National Institute of Language Education and Training Act which puts
in place a framework for structured training, research and archiving and
dissemination of information relating to language training. The
Government has also adopted administrative measures that will encourage
the acquisition of bi-lingual skills by all sectors in public service,
particularly in the Police service. With regard to training of the
Police, I may also mention that the Inter Ministerial Committee on Human
Rights is engaged in an effort to develop better training for Police
officers on human rights law. We are also looking at the enhancement of
human rights education in the secondary school system.
Mr. President,
We were pleased to have welcomed the High Commissioner
for Human Rights Louise Arbour, Under Secretary-General for Humanitarian
Affairs Sir John Holmes, the Special Representative of the
Secretary-General on the Human Rights of Internally Displaced Persons
Walter Klin and the Special Rapporteur on Torture Manfred Nowak to our
shores during the second half of 2007, as a part of our sustained policy
of open and constructive engagement with the international human rights
mechanisms which was reflected in key pledges made during our successful
campaign for the membership of this august body in 2006. Furthermore,
just last week we facilitated the visit of Angela Kane, UN Assistant
Secretary-General for Political Affairs, to Sri Lanka. Several other
requests for visits have also been made - these will also be considered
and facilitated in due course and will further demonstrate our
commitment to continuing dialogue.
These high-level UN dignitaries have acknowledged that
the Government facilitated their visits and that they were provided with
access to sites and people in the North and East of Sri Lanka. Whenever
requests were made for confidential meetings, the Government also
facilitated such requests. We are currently engaged in a process of
reviewing and prioritizing the several recommendations made by these
high-level dignitaries. We will then coordinate, facilitate and support
the necessary capacity building, training and reforms needed to
resolutely tackle the outstanding issues identified by these visitors.
We have canvassed the support of UN agencies in Sri Lanka to complement
Government efforts in this regard. We are firmly committed to fully
implementing all constructive recommendations that can realistically be
fulfilled.
Our openness to fair and objective scrutiny on human
rights has been exemplified, Mr. President, by our continued engagement
with UN special procedures. My own visits to Geneva have given me the
opportunity to conduct an on-going dialogue with regional groups and
interested parties on developments in Sri Lanka. We are also opening
ourselves up to the Universal Periodic Review process in May when we
will candidly discuss the underlying realities we face in the context of
guaranteeing human rights while engaging in a conflict against a
ruthless and increasingly desperate adversary.
As highlighted earlier, let me stress the fundamental
principle upon which we engage and cooperate with international actors
both in and outside this Council. We do not hold ourselves above
criticism from well meaning and genuine friends and partners; when such
constructive criticism is made in order to further promote the
democratic values and fundamental freedoms that the people of Sri Lanka
have upheld for the last six decades of our independence. What we do
not, however, welcome are efforts to denigrate and weaken us in the eyes
of the international community to achieve propaganda gains and to
fulfill narrow politically motivated objectives.
Furthermore, Mr. President, we do not believe in the
imposition of external structures, which could undermine the very
democratic national institutional framework upon which any national
human rights promotion and protection system should be founded. Any
effort, therefore, by this Council in the promotion and protection of
human rights should be based on the primary aim of assisting and
facilitating the strengthening and capacity-building of national
institutions of States, which seek such assistance in good faith, and in
accordance with their needs and priorities.
Mr. President,
With regard to several legislative measures we have
initiated recently, perhaps the most important is our on-going effort to
strengthen the legal framework of the Human Rights Commission of Sri
Lanka through the modality of a Parliamentary Select Committee. The
strengthening of the Human Rights Commission in order to enable it to
fulfill its recently published Strategic Plan is of the highest
priority. We also believe that the expansion of its regional network,
staffing and training of its officers deserves the attention of our
international partners. This Parliamentary Select Committee will also
inquire into the sphere of post-enactment judicial review of legislation
which would contribute further to the protection of human rights. We
hope to accomplish these measures in the coming months.
The fundamental rights guaranteed in our Constitution,
as well as other laws that protect and promote human rights, have been
supplemented by legislative incorporation of certain rights under the
ICCPR.
Mr. President, in the context of on-going
investigations into alleged violations of human rights, the Government
has now approved a draft law on the protection of witnesses to and
victims of crime and has taken the decision to bring this important bill
as an urgent bill before Parliament. There was a consultative process in
the formulation of this bill, including consultations with civil
society. Useful suggestions made by the International Independent Group
of Eminent Persons (IIGEP) in respect of the bill have also been
incorporated. We expect that with the passage of this bill, public
confidence in the law enforcement process will be enhanced resulting in
greater participation in investigations and prosecutions.
There is also an on-gong process of drafting a new
Constitutional Bill of Rights through a deliberative process involving
government and civil society actors. The proposed Bill, which is being
drafted, will be mindful of international obligations not only under
civil and political rights but also economic, social and cultural
rights.
We have recently amended the Commissions of Inquiry
Act to enable Commissions such as the Presidential Commission of Inquiry
appointed to inquire into a selected number of alleged serious
violations of human rights, to function with greater ease and also to be
able to expeditiously complete their mandates. The Commission is
proceeding apace with inquiries into three high profile cases.
Intensive investigations and inquiries by the
Commission have achieved a fair degree of progress under the scrutiny of
the International Independent Group of Eminent Persons. This very day
sees the commencement of public inquiries before the Commission into the
deplorable incident in which 17 young aid workers of Action Contre La
Faim lost their lives. Investigations are nearing completion and we
expect an outcome that upholds the principles of justice once the
Commission completes its deliberations. The public inquiry into the
killing of five youths in Trincomalee, commenced in January.
Arrangements have been made to record video evidence of witnesses who
are overseas. Investigations are underway into the massacre of 10 Muslim
civilians in Pottuvil in the East and also other incidents within the
Commission's mandate. Allegations of impunity, made by certain vested
interests, against Government forces, are therefore, Mr. President,
premature and ill-conceived.
Mr. President,
My Ministry is, at present, engaged in a discussion
with the UNDP and the Senior Human Rights Advisor to the UN Country Team
on future cooperation between the UN and the Government of Sri Lanka.
The main thrust of this initiative is to formulate a National Plan of
Action on the Promotion and Protection of Human Rights as envisaged in
the Vienna Declaration and Programme of Action. vWe anticipate that the
proposed Plan of Action will be able to address the existing gaps in
order to build a stronger national protection framework in the further
promotion and protection of human rights in the country.
In addition to the UN mechanisms, my Ministry also
interacts with several other international organizations and a range of
bilateral partners to improve good governance and human rights
protection system. For instance, recently the Inter Parliamentary Union
sent a high-level team to Sri Lanka, which recommended the establishment
within Parliament of a series of multi-partisan oversight committees.
The envisaged committees would be tasked with in-depth
investigation of issues within their specific thematic mandates. I am
pleased to announce that the Government is in agreement with the setting
up of a Parliamentary Committee on Human Rights, Rule of Law and
Humanitarian Issues. The Government will be taking steps with the
assistance of the Inter Parliamentary Union to discuss this proposal
with other political party leaders in Parliament. When implemented, this
committee, which will include opposition Members of Parliament, can act
as an influential oversight body.
With regard to the vexed and seemingly intractable
problem of children and armed conflict, let me assure you Mr. President
and this Council that we are working actively and constructively to
fully implement the recommendations of the Security Council Working
Group and the Special Representative, complemented by our own Treaty
obligations as a Party to both CRC and its relevant Optional Protocol.
Our well-established zero tolerance policy encompasses not only
preventive measures but also larger and more complex issues of
rehabilitation and reintegration. Sri Lanka was one of the first
countries to set up a National Task Force, as required by SC resolution
1612 and I have also appointed a high-level committee that will probe
allegations relating to abduction of children for use in armed conflict,
as well as to implement plans for rehabilitation and reintegration. Just
last week, Mr. President, a senior Sri Lankan delegation engaged in an
open dialogue on progress achieved so far with the SC Working Group on
Children and Armed Conflict in New York.
Mr. President,
As you aware, one the biggest consequences of the
conflict is the displacement of people. I personally chair a number of
forums tasked with developing national policy, and coordinating
humanitarian efforts to provide internally displaced persons with
relief, shelter and a means to recovery, including eventual
resettlement. I can report that to date we have successfully resettled
approximately 120,000 IDPs in the East. We are now focused on economic
recovery, livelihood development and infrastructure projects to ensure
that return is sustainable. We look to our international partners to
assist us in this regard and appreciate the assistance and cooperation
received so far. The Government has, in partnership with UNHCR,
developed a comprehensive strategy on confidence-building and
stabilization measures, which we feel, will assist in overcoming
challenges in the post-return phase and ensure sustainability of
resettlement by restoring confidence amongst and between former
displaced and host communities.
Against the above mentioned backdrop Mr. President,
Sri Lanka is proud to announce its candidature for the continued
presence in this Council at the forthcoming elections to be held in New
York in May. We have made concerted efforts to fulfill in good faith the
pledges we made during our successful campaign in 2006. I am proud to
point-out that the Ambassador and Permanent Representative of Sri Lanka
in Geneva is presently holding one of the Vice Presidencies of this
Council and let me assure you Mr. President that we will continue to
contribute to the effective fulfillment of the mandate of this august
body. We will also continue our efforts to further undertake measures at
national and international level in the continued promotion and
protection of human rights in Sri Lanka as well at international level,
in the sprit of cooperation and constructive engagement.
I wish to inform you that my Ministry will launch a
national human rights awareness campaign to commemorate the 60th
Anniversary of the Universal Declaration of Human Rights. Sri Lanka is
also pleased to be one of the co-sponsors of the resolution initiated by
the delegation of Brazil and adopted by consensus at the last session of
this Council on the elaboration of human rights voluntary goals to be
launched on the occasion of the celebration of the 60th Anniversary of
the UDHR in December 2008.
Mr. President,
Securing an environment of peace, prosperity and
thereby creating a better future for all Sri Lankans, while guaranteeing
their fundamental freedoms within a multi-ethnic, multicultural,
multi-religious and multi-lingual nation, is our main goal. I hope
therefore that all our international partners will assist the Government
of President Mahinda Rajapakse to achieve this goal
Despite all our efforts which I have just described,
we regret one or two statements made here, that fly in the face of all
concrete evidence, that the situation in Sri Lanka is deteriorating,
when we have dealt more firmly with terrorism, with far-less damage to
civilians, than in any comparative situation.
Sri Lanka may be a small country, but nevertheless it
is a country that is proud of its heritage and democratic values which
it has upheld and continues to uphold under extreme adversity. We will
not be pressurized by subjective criticism, however powerful the source
may be, which seems influenced by parochial agendas. If similar energies
and anxieties were directed towards the LTTE as the energies and
anxieties displayed vis-
-vis Sri Lanka, Mr. President, it will greatly
precipitate the realization of a durable and lasting solution.
Sri Lanka knows that we can count on our many friends
in this Council who understand and appreciate the complexities of the
situation we face, and the progress we are making in putting an end to
terrorism and uniting our people.
Thank you Mr. President."
Courtesy: priu.gov.lk
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