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Human Rights Day Message - 10 December
2007
Mahinda Samarasinghe MP
Minister of Disaster Management & Human Rights
Today - 10 December, is Human Rights Day, it marks the 59th anniversary
of the adoption of the Universal Declaration on Human Rights (UDHR)
by the General Assembly of the United Nations in 1948. This Declaration
is a living document that represents the standards and principles that
all the world's sovereign nations have embraced as "universal"
- that is the common values of humanity. Many states have indeed incorporated
some of these standards into their constitutions - the very foundations
on which their country is built - Sri Lanka is no exception.
This year is particularly special as it will lead us to the 60th birthday
of the UDHR. It is therefore important that from now until the 60th
anniversary we focus on ensuring that all Sri Lankans are aware of their
rights and corresponding duties; we must instil the value that the UDHR
and the rights enshrined in it belong to us all - it is not the domain
of the rich and the privileged but applies equally to us all regardless
of ethnicity, religion, gender or geographical location. As Article
1 of the UDHR states, "all human beings are born free and equal
in dignity and rights." As Sri Lankan's we need to reaffirm the
UDHR and claim it as our own.
Terrorist forces have wreaked havoc and fear on the people of Sri Lanka;
they are determined to undermine our long tradition of democracy and
our strong economic and social development. We face severe challenges
in the current climate; challenges that few other countries have to
contend with, let alone a developing county such as ours. Of course,
I admit that there are many areas for improvement, and that a great
deal more needs to be done before we can claim substantial gains in
human rights.
Despite the difficulties we face and the urgent need to safeguard the
rights of ordinary citizens to live safely and securely in the face
of the unrelenting threat of terrorism, we must also ensure that minimum
human rights guarantees exist for the vast majority of innocent and
peace loving Sri Lankans without reference to ethnicity, language or
creed. His Excellency the President has laid down specific guidelines
to be observed in police and security forces operations especially with
regard to arrest and detention.
My Ministry has taken steps to disseminate the Presidential Direction
to educate the authorities and the people about the need to uphold human
rights during deprivation of liberty of suspects. We have also taken
steps to ensure uniform and fair practices in the registration of householders
and residents by the Police. Two committees under my chairmanship -
the Inter-Ministerial Committee on Human Rights and the Advisory Body
to the Minister of Human Rights - took up this matter and we are confident
that registration requirements under the Emergency Regulations are applied
universally and uniformly without discrimination based on factors such
as ethnic background, language or religious belief.
Human rights gains and national priorities
for 2008
Strengthening our national human rights protection framework
As well as raising awareness on human rights, we need to ensure the
institutional protection of human rights by further strengthening our
human rights institutions such as the Human Rights Commission of Sri
Lanka. The key to human rights protection and promotion is therefore
increased awareness, highlighting that we are all the custodians of
human rights, complemented by strong institutions that are not only
independent but are perceived as such, and are responsive to the needs
of all our people. Only a nationally owned, and therefore sustainable
solution, to our human rights challenges will lead to real improvements
in people's lives and foster an environment that can bring peace to
our island.
As Minister of Disaster Management and Human Rights, it is my aim to
focus our attention on improving on our national human rights protection
system during the course of 2008 - be it through strengthening our existing
institutions, supporting the enactment of enabling legislation which
will give greater effect to international treaties that Sri Lanka is
party to, and endorsing initiatives to protect and promote human rights.
A Charter of Human Rights for Sri
Lanka
As I have stated on numerous occasions, strengthening the human rights
protection framework for the people of Sri Lanka is critical to achieving
lasting and sustainable peace in Sri Lanka: People need to feel secure
in the knowledge that their fundamental human rights are guaranteed
and enforced and that adequate remedies are available to them. With
this in mind, an initiative that my Ministry has supported, together
with the Ministry of Constitutional Affairs and National Integration,
is the drafting of a new Constitutional Charter of Human Rights. This
is in accordance with the pledge made by His Excellency the President
in the Mahinda Chintana. A new Charter of Human Rights will strengthen
Sri Lanka's human rights protection framework for example by protecting
rights that the current chapter on fundamental rights fails to address
- economic, social and cultural rights, and group and environmental
rights. Moreover, issues such as language rights - as they currently
stand in the Constitution, are non-justiciable.
Guaranteeing the full spectrum of human rights will restore faith in
Sri Lanka's human rights protection machinery and allow Sri Lanka to
better observe the various international human rights treaties we have
ratified, through the supreme law of the land.
I believe the process around the drafting of the Charter is as important
as the Charter itself. The process has to be "inclusive" -
public consultation and participation is therefore a critical feature:
it will bring together men and women from different ethnic groups and
social backgrounds to discuss and agree on key components. Following
wide consultation to be undertaken in the coming year, steps can be
taken to incorporate the Charter into the Constitution via constitutional
amendment.
The 17th Amendment to the Constitution
and revitalization of the Constitutional Council
During the course of 2007, there has been much debate and discussion
around the 17th Amendment to the Constitution. This Amendment requires
for the formation of a Constitutional Council, which, by consensus,
appoints suitable personalities to the various commissions in Sri Lanka.
Due to the failure of the Constitutional Council to be validly constituted
- as a result of lack of consensus between the smaller political parties
- His Excellency the President took steps to appoint the Commissioners
of the Human Rights Commission; this action has been endorsed by the
Court of Appeal as being within his constitutional authority.
I agree that it is crucial for the Human Rights Commission to be independent
- both in practice and indeed in perception. This is another strong
reason why, I think that in 2008, we need to move on and take concrete
steps to revitalize the Constitutional Council. A Parliamentary Select-Committee
has been established, on a motion presented by me to Parliament, to
make recommendations on revising the 17th Amendment to the Constitution,
moreover, I have personally taken the step to set in motion an exercise
aimed at strengthening the powers of the Human Rights Commission and
addressing other shortcomings in the Human Rights Commission Act by
way of a Parliamentary Select-Committee. This, along with a revised
17th Amendment, will result in a strong, independent and responsive
institution that we can all benefit from.
Rule of law
In my human rights message last year, I reported on the process of setting
up of a Commission of Inquiry to investigate, inquire into, and report
to His Excellency the President on alleged serious violations of human
rights. I am pleased to report that the Commission has been functioning
for a year now, and recently the Warrant that established the Commission
was extended for a further year by his Excellency President. The primary
objective is to enable indictments and prosecutions against perpetrators
of the crimes the Commission is mandated to investigate, and to recommend
measures to prevent such incidents occurring in the future.
In order to ensure impartiality and transparency, and guarantee that
all investigations are conducted following international standards,
the work of the Commission of Inquiry has been observed by an International
Independent Group of Eminent Persons (IIGEP), chaired by Justice P.
N. Bhagwati. As the preliminary work of the Commission is now out of
the way, the Government is of the firm conviction that during 2008,
the Commission's investigations will lead to indictments against perpetrators
of the serious human rights violations mentioned in the Warrant by the
appropriate national prosecuting authorities.
The Government has also approved draft legislation on the protection
of witnesses and the payment of compensation to victims of crime - landmark
legislation that will not only assist in the dispensation of justice
and the bringing of offenders to book, but will also create an institutional
and normative framework to provide for restitution for victims of crime.
The Bill is expected to be taken up in Parliament early in the new year.
Meeting our
international obligations
On the international stage, Sri Lanka has been elected as a member of
the Human Rights Council. Sri Lanka has the proud record of having fulfilled
almost all the pledges made in May 2006 in support of our candidature.
Our Permanent Representative to the United Nations in Geneva, as one
of the Vice-Chairs of the Human Rights Council, and as the immediate
past Chair of the Asian Regional Group in the Council has played a pivotal
role in the Council's achievements to date. Our commitment to fulfilling
further pledges will continue in the coming year. In 2008 we will seek
re-election to the Council by making concrete human rights pledges.
It is in our interests to meet our international obligations. As His
Excellency the President stated in an address at the 62nd Session of
the United Nations General Assembly recently, "Human rights have
to be protected and advanced for their own sake, not for political gain."
Sri Lanka is party to seven core international human rights treaties
and this year we also signed the International Convention on the Rights
of Persons with Disabilities. In 2008, we will embark on enacting necessary
legislative and administrative measures to give full effect to the provisions
of the Convention.
Sri Lanka has consistently maintained a policy of openness, cooperation
and constructive engagement with all international human rights mechanisms.
We have opened ourselves to scrutiny in the belief that openness and
accountability can strengthen national efforts to promote and protect
human rights. Accordingly, what we expect from international experts
are solid recommendations that we can take on board in terms of further
meeting our international obligations. To me this represents true "constructive
engagement".
Our openness is demonstrated by the extension of regular invitations
to UN envoys to visit and report on the situation in Sri Lanka. During
2007, Sri Lanka received visits from Mr. António Guterres, the
UN High Commissioner for Refugees, Sir John Holmes, the UN Under-Secretary
General for Humanitarian Affairs and Humanitarian Coordinator, Mr Manfred
Nowak, UN Special Rapporteur on Torture, and Madame Louise Arbour, the
UN High Commissioner for Human Rights, in a few days time we will also
receive a visit by the Secretary-General's Representative on the human
rights of internally displaced persons, Mr Walter Kalin. We facilitated
these visits granting unimpeded access, free movement and confidentiality
of communications between Sri Lankan civil society and these distinguished
visitors.
As Minister of Disaster Management and Human Rights, I was the Government's
designated focal point in terms of receiving these international dignitaries
and following up on the best way the Government of Sri Lanka can work
with them and take on board their key recommendations. During a recent
meeting with Madame Louise Arbour in Geneva, following on from her visit
to Sri Lanka in October, I discussed a possible working arrangement
between the Government of Sri Lanka and the High Commissioner's Office.
As I told Madame Arbour during her visit to Sri Lanka, and have reiterated
a number of times since, the establishment of an "office"
of the High Commissioner is not an option for Sri Lanka, as we do not
see a necessity for such an office at present. The Government has requested
that the High Commissioner continue further discussions in the hope
of reaching a mutually acceptable "working arrangement" -
one that will reinforce our national priority of strengthening our existing
human rights institutions, not replace them with a temporary structure
that actually serves to undermine the credibility of these institutions.
We have requested the High Commissioner to assist us with capacity building
of our permanent national institutions and for technical cooperation
initiatives that will help us to advance human rights protection in
this country. I hope that in the coming year we will be able to enter
into a working relationship that benefits all the people of Sri Lanka
as well as the international community.
Disaster management
Due to the prevailing situation in the north and east of our country,
some people were displaced from their homes and had lost their livelihoods
and continue to live as internally displaced persons (IDPs). In my capacity
as Minister of Disaster Management and Human Rights, His Excellency
the President has given me the mandate to assist in coordinating all
matters relating to internally displaced persons (IDPs), I have personally
been involved in coordinating assistance at the national level - both
with Government as well as international and local humanitarian agencies.
Such coherence is needed to ensure that humanitarian assistance reaches
those most in need, duplication is avoided and that operations are conducted
in an open and transparent manner - where security concerns are taken
into consideration but do not result in a trade-off in terms of human
rights. I am pleased to announce that the Government has been able to
successfully resettle a larger quantum of "new" IDPs in Trincomalee
and Batticaloa Districts. We are also taking definite steps to ensure
that the situation of long-term IDPs does not go unaddressed.
I must reiterate that the Government appreciates the efforts of all
genuine international organisations, as well as bilateral and multilateral
agencies engaged in humanitarian assistance and development work in
the country. Their efforts have greatly contributed to the welfare of
the people of Sri Lanka.
In order to facilitate the protection of IDPs and ensure greater coordination,
the Government has created two regular coordination mechanisms: the
IDP Coordination Meeting that brings together a wide-range of stakeholders
to facilitate and consult on policy decisions at the national and district
level, and the Consultative Committee on Humanitarian Assistance - a
high-level policy making forum consisting of key Government and international
representatives. Members discuss access for humanitarian agencies for
delivery of essential goods and services, security concerns on the ground
and initiatives to ensure the protection of IDPs and conflict-affected
communities. The CCHA enables international and Government partners
to work together to consider and resolve key humanitarian issues.
I believe that the CCHA is a model of best practice that can be emulated
in countries that face similar challenges to our own. Rather than merely
looking abroad for the answers to our problems, the CCHA is a clear
demonstration that nationally owned processes can work and that with
effective systems in place governments, the UN and other international
stakeholders can work together to rapidly respond to humanitarian and
emergency situations.
Another initiative that the CCHA is fully committed to is the development
of a mode of operations for actors involved in humanitarian and development
work in Sri Lanka. I have created a committee consisting of Government,
donor, UN and INGO stakeholders, that has been tasked to develop a Mode
of Operations to strengthen cooperation between, and amongst, all humanitarian
and development actors - both government and non-government. The aim
is to ensure transparency and accountability in the way that actors
discharge their mandates. Assistance should benefit the most needy in
Sri Lanka - and be based on the principles of good governance and human
rights. I hope that the Mode of Operations will be finalised in early
2008 and then become fully operational.
Confidence building and stabilisation
measures for IDPs and conflict-affected communities
Based on guidelines developed last year to protect internally displaced
persons in the north and east of our country, and a series of workshops
held to consult all Government and non-government stakeholders, a consensus
was reached on how to implement an action plan on confidence building
and stabilisation measures (CBSM) in the north and east. My Ministry,
in partnership with UNHCR, is taking the lead in this area. The action
plan on CBSM, although initially drafted with IDPs in mind, will, if
fully supported, lead to the Government gaining the trust and confidence
of all conflict-affected communities.
As my aim is to promote and protect human rights by making it a cross-cutting
and integrated part of all activities, whether related to development,
poverty alleviation, security, conflict resolution or peace-building,
I think the CBSM measures are critical, particularly in the newly cleared
areas in the east of our country. People there need to be supported
and reassured of the government's commitment to guarantee their safety
and security, restore their livelihoods and infrastructure, and make
sure that the return of displaced people to these areas is sustainable.
We all have a huge stake in stablising the northern and eastern districts
in order to gain the confidence of the people there.
Human rights protection and promotion
in 2008
The Government is engaged in a number of initiatives to protect and
promote the human rights of all our people, men, women and children
- regardless of what religion they profess, ethnic group they belong
to and wherever they may live in our island. This year in the lead up
to the 60th anniversary of the UDHR, we must all personally pledge to
respect the rights of all our fellow citizens. We must make it our goal
to make ourselves aware of the rights enshrined in the UDHR and live
by the universal values it affirms - only then will we really claim
the UDHR as our own.
My Ministry subscribes to the notion that Sri Lankan society is multi-cultural,
multi-ethnic, multi-religious and multi-lingual and it is only through
genuine respect for this diversity that unity among our peoples may
be fostered, culminating in the forging of a truly Sri Lankan identity.
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