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Geneva Report: NGO allegations of Human
Rights "Crisis" refuted
The Permanent Mission of
Sri Lanka to the United Nations Office at Geneva
17th September 2007
The government of Sri Lanka refuted NGO allegations that the country
is facing a human rights crisis that requires a monitoring mission from
the United Nations.
An event titled "The Human Rights Situation in Sri Lanka"
was organized on the sidelines of the Sixth Session of the Human Rights
Council by the International Commission of Jurists and Human Rights
Watch on Monday 17th September from 13:00 to 15:00 in Room XIX at the
Palais des Nations. The event was chaired by Robert Archer, Executive
Director of the International Council on Human Rights Policy.
The five panelists were Mrs. Nimalka Fernando, President of the International
Movement Against All Forms of Discrimination and Racism (IMADR); Ms.
Charu Lata Hogg, Researcher for the Asia Division of Human Rights Watch;
Ms. Yolanda Foster, Researcher, South Asia Team of Amnesty International;
Ms. Susan Appleyard, Programme Officer of the International Commission
of Jurists and Ms. Sunila Abeysekera, Executive Director of INFORM.
Representatives of the Sri Lanka Government were invited to participate
in the event through a representative making an intervention of only
7 to 9 minutes from the floor immediately following statements by the
panelists.
Responding to the statements made by the panel Ms. Shirani Goonatilleke,
Director Legal of the Secretariat for Coordinating the Peace Process
(SCOPP) said that it was unfortunate the GOSL was only given 7 minutes
to respond to the panelists.
She stated that it was necessary to bring the debate back to reality
and out of the archives as it were, and concentrate on the current situation
where a lot of positive initiatives were ongoing. It was also necessary
to get out of the propaganda mode which had emanated, due perhaps to
the fact that what was said was primarily from the point of view of
researchers and that was of course a different mind set. It was unfortunate
that the issues raised were not grounded in details of the specifics
and reflected either bad research or a deliberate lack of knowledge.
Ms. Goonatilleke said that the clarion call of the panelists, based
on this type of misinformation was to suggest that a UN Human Rights
monitoring mission be established in Sri Lanka. She stated that whilst
she agreed with Ms. Abeysekera that it was not necessary to make the
debate a battle of figures, it was also important that unsubstantiated
statistics and misinformation not be thrown about. This she emphasized
was clearly contrary to international standards.
In order to give a more realistic context to the discussion she cited
the results of a recent deliberative poll on peace conducted by the
Marga Institute, a well known civil society research institution in
Sri Lanka which highlighted the fact that as many as 99% of the respondents
(primarily reflective of Sinhalese and Muslim opinion as the poll was
not conducted in the north and included only Ampara in the East) show
an overwhelming support for peace. 89% believed that though the best
guarantee for peace is a political solution that all communities can
accept, the LTTE will not enter the democratic process and will continue
to be a threat to peace and security The National Peace Council commenting
on this poll states that it shows a large measure of agreement amongst
the people on what has to be done to lead to a sustainable peace.
They say that this "imposes an obligation on the LTTE to commit
itself to a political solution within the framework of a united country
and an obligation on the GOSL to speed up its production of a political
package that has broad acceptance amongst the ethnic minority political
parties".
In meeting this obligation the GOSL in its continuing efforts to find
a framework for a political solution to the conflict, appointed the
All Party Representatives Committee that has engaged in intensive deliberations
on issues relevant to all ethnic groups for over 12 months. It was now
on the verge of presenting its proposal to the President and the APC.
In this context she asked that the audience focus on the strong and
positive initiatives taken by the government in relation to achieving
a negotiated settlement to the conflict - initiatives which have she
said human rights concerns and political consensus as the cornerstones
of its policies. Initiatives which fall in line with the recently adopted
UN General Assembly Global Counter-terrorism strategy which aims to
counter terrorism whilst striking the right balance between bringing
terrorists to justice, ensuring national security and respecting human
rights. "We ask you to focus on this and assist us in meeting the
practical challenges of applying such a framework in actual practice",
she said.
Ms. Goonatilleke went on to state that Sri Lanka has been maintaining
a policy of open and constructive engagement with all UN human rights
mechanisms and working closely on the ground with UN and other agencies
from both civil society and the international community in implementing
these initiatives, and this totally negates the adverse unsubstantiated
allegations and propaganda of some INGOs and NGOs at these sessions,
that lead to their conclusion that " Sri Lanka is facing a human
rights crisis that calls for UN monitoring".
Every one of these initiatives is open to the relevant agencies in
the international community and in civil society and this is not empty
government propaganda.
In fact it is important to emphasise the point that these particular
organisations by misreporting and misrepresenting certain facts and
by ominously refraining from mentioning any positive steps taken to
alleviate the problems faced by the people affected by the conflict
are actually working contrary to their stated aims to ensure the protection
of human rights. This behaviour is even more suspect in a context where
the UN agencies and the international community who work closely with
Sri Lanka in the country have commended these positive steps taken by
Sri Lanka, despite the difficult circumstances faced due to terrorism.
Due to the time constraints Ms. Goonetilleke was able to only rectify
some misreported issues that had been voiced: On IDPs she emphasized
that contrary to the NGOs no forced resettlement had taken place and
this was endorsed by the UNHCR - who were working with the government
on resettlement and by many others from the international community.
It was also important to note that the GOSL was engaged in extensive
demining to international standards and all land demined had to be approved
and certified by the UNDP before resettlement could take place.
Responding to the statement from Ms. Abeysekera that 61 persons who
had given themselves over to the HRC in Jaffna as they feared for their
lives and had been put into a prison. She said that the surrendees were
actually persons who had turned themselves in as they feared recruitment
by the LTTE. Though a Commissioner General for Rehabilitation had been
appointed and was now working on rehabilitation for such surrendees,
it was true that the only place they could be housed in at the initial
stage was in the prison precincts. She elaborated on the programs now
underway to facilitate surrendees. She said the GOSL was working on
initiatives to widen the ambit of rehabilitation through education,
vocational training and other capacity building areas, in particular
in relation to child surrendees. She also detailed the fact that the
GOSL in keeping with its commitment to the UN Security Council working
group on Children and Armed Conflict had appointed a committee of senior
officials to inquire into allegations made against certain elements
of the Security forces in connection with the abduction and recruitment
of children by the breakaway faction of the LTTE - the Karuna group.
Ms. Goonatilleke highlighted the efforts made by the GOSL to ensure
that essential supplies and services reached the people in Jaffna as
well as the Vanni and stated that allegations of starvation were untrue.
She also elaborated on the progressive work done by the COI in establishing
a Victim and Witness Assistance Protection Unit (VWAPU). OHCHR had expressed
its satisfaction with the progress of this scheme and committed itself
through its representative in Colombo, to assist in phase 2 of the VWAPU
training programme.
Responding to the allegations from the panel Ms. Manorie Mallikaratchy,
Second Secretary of the Mission said that the Government of Sri Lanka
(GOSL) has taken many steps in the recent past to verify allegations
of human rights violations. These steps were taken to supplement the
already existing domestic mechanisms such as the National HR Commission,
National Police Commission and the courts. The appointment of the Mahanama
Tillekeratne one man Commission to probe complaints of alleged disappearances
and abductions, the appointment of a Commission of Inquiry to investigate
16 cases of alleged serious violations of human rights and an international
independent group of eminent persons (IIGEP) to ensure that the Commission's
work is carried-out in accordance with international norms and standards
and the recent Committee appointed to inquire into abductions and recruitment
of children for use in armed conflict, were all aimed at ensuring that
human rights norms were adhered to.
The GOSL, in keeping with its policy of cooperation and transparency,
investigates into all allegations of human rights abuses whenever complaints
of such have been made.
Regarding the abduction of Red Cross workers, the CID has been conducting
investigations and two suspects belonging to a paramilitary group had
been identified.
The GOSL has routinely verified lists submitted to it by various sources
containing names of alleged disappeared persons. It should be noted
that in a fair amount of allegations of disappearances, the authorities
have been able to trace the missing persons or found that such persons
have left the country or applied for passports after the dates they
have allegedly disappeared.
Within the period 2004 January to 2007 August, 42 indictments under
the Torture Act have been sent to various High Courts against 90 security
forces and police personnel. In a further 31 cases, police has been
advised by the AG to file charges in the Magistrate's Courts.
With regard to the recent abductions, an Air Force officer and a sergeant,
one police inspector, two sub-inspectors, and a police constable have
been taken into custody on suspicion. An indictment has been forwarded
to the High Court by the AG in relation to the killings of five Agriculture
College students of Thandikulam subsequent to the investigations conducted
by the CID.
During the last 10 years, 441 indictments have been forwarded by the
AG in cases of disappearances. Out of the three cases mentioned by a
panellist, both Krishanthi Kumaraswamy as well as the Embilipitiya ended
in convictions and those responsible were punished. This clearly demonstrates
that the GOSL is committed to investigate all violations of human rights
and prefer charges/indictments where sufficient evidence is available
for a prosecution.
Responding to the call for the establishment of a UN monitoring mechanism
for Sri Lanka Ms. Mallikaratchy stated that a Special Rapporteur, Special
Representative and the High Commissioner for Human Rights are visiting
Sri Lanka this year, On their return, they will submit reports with
recommendations with recommendations on the human rights situation in
Sri Lanka, When these reports are submitted to the Council, members
as well as observers of the Council will have an opportunity to debate
on Sri Lanka's human rights situation and present their own recommendations,
As a founding member of the HRC, Sri Lanka will be ready to subject
itself to the Universal Periodic Review mechanism of the Council for
a comprehensive review of its human rights obligations, This may happen
during the first half of 2008. This will also provide members as well
as observers of the Council to debate on the human rights situation
in Sri Lanka and present their own recommendations, With regard to the
strengthening of the OHCHR presence in Sri Lanka, the GOSL is open to
the recommendations of the High Commissioner when she visits Sri Lanka.
Already there is a MoU between the GOSL and the OHCHR on technical assistance.
Ms. Shirani Goonatilleke concluded on behalf of the Government with
the words of the well known practitioner in peace building and conflict
resolution, John Paul Lederach who said that:
"Building peace framework does not suggest solutions. It poses
a series of questions useful for thinking about and developing responsive
initiatives and processes in settings of deep-rooted conflict. The processes
however must be connected to the specifics of situations and contexts."
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