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Statement by
Hon. Mahinda Samarasinghe,
Minister of Disaster Management and Human Rights
at the
High-Level Segment of the
7th Session of the UN Human Rights Council
Geneva, 3 March 2008
Permanent Mission of Sri Lanka to the UN,
Geneva
www.lankamission.org
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 polarising 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 fulfil 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 Kälin 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
prioritising 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 fulfil 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 fulfil 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.
We 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 organisations 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 stabilisation 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 fulfil 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 fulfilment
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.
Thank you, Mr President!
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