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Sri Lankan Peace Official comments on TRO,
UNICEF
The Permanent Mission of Sri Lanka to the
United Nations Office at Geneva
12th December 2007
Statement by Prof Rajiva Wijesinha on behalf of the Sri Lankan delegation,
at the debate in the United Nations Human Rights Council on December
12th on the Reports of Martin Scheinin, Special Rapporteur on the promotion
and protection of human rights and fundamental freedoms while countering
terrorism, and Rodolfo Stavenhagen, Special Rapporteur on the situation
of human rights and fundamental freedoms of indigenous people
Mr President, let me begin by commiserating with the people of Lebanon
on the effects of today's terrorist attack there. That, and the continuing
impact of terrorism, serves to make clear the importance of Special
Rapporteur Scheinin's task.
However I should first associate our delegation with the comments of
various colleagues, in particular from the Asian group, and just now
from the Philippines, regarding some aspects of Special Rapporteur Stavenhagen's
Report. They noted the importance of dialogue, and consultation with
concerned countries, and this should be kept in mind by our Special
Rapporteur's, instead of delivering what may seem ex cathedra pronouncements.
With regard to Mr Scheinin's Report, we welcome the principles he has
enunciated. Some of the countries who responded to his comments on their
situation had observations with which we are familiar, being a country
that has perhaps suffered more than any other recently, in terms of
proportionality, as to destruction of its people and their property.
Nevertheless we concur with Mr Scheinin's comments on the importance
of preserving human rights and fundamental freedoms whilst fighting
terrorism. We hope those countries will study his recommendations, and
minimize inconvenience to people, and in particular whole groups of
people, whilst defending themselves.
We concur too with his comments regarding the importance of ensuring
economic, social and cultural rights whilst combating terrorism. In
this context we appreciate the recent report of the Sri Lanka Office
of the United Nations High Commission for Refugees which makes clear
the efforts of the Sri Lankan government to provide not only food and
shelter but even education to almost all those in Welfare Centres.
In this context however I would suggest that there should be better
coordination between various branches of the UN in working out the interpretation
of such rights. Contrary to Para 56 on Mr Scheinin's Report, the UNICEF
office in Sri Lanka used as a matter of dogma it seemed to return former
child soldiers to areas under terrorist control where they were subject
to re-recruitment. Greater coherence is required to ensure that terrorism
does not benefit, and victims suffer even more, because of blind adherence
to inappropriate concepts.
We must also draw your attention, Mr President, to the unfortunate
impression created by Para 45 of Mr Scheinin's Report in which he seems
to regret attempts to control funding of the Tamil Rehabilitation Organization
which he claims 'ha helped victims in areas where the population is
mainly Tamil'. His source for this is a paper prepared in 2005, whereas
a Special Rapporteur should be in possession of more recent facts.
As many colleagues here know, it is fairly well established that the
TRO has been involved in the active funding of terrorism, including
the acquisition of weapons. We are grateful to countries such as France,
the United Kingdom, Australia, the United States and Denmark too for
initiating prosecutions to stop such funding. We are sorry that other
countries in the European Union have not followed suit. Recently, when
the matter was discussed with Commissioner Fratini of the European Union,
he acknowledged that there was inconsistency about this, and hoped the
matter would soon be set right. We would urge colleagues here to pursue
this as a matter of principle.
To conclude, Mr President, we also regret Mr Scheinin's possibly critical
comment on the legislation introduced by Sri Lanka in 2006 to control
such funding. We are fully in support of aid to suffering people but
we cannot permit this to be a disguise for terrorist activity, which
we are determined to suppress, and for which we need the support of
all our colleagues.
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