Address by Hon. Mahinda Samarasinghe
Minister of Disaster Management and Human Rights of
Sri Lanka at the Universal Periodic Review of Sri Lanka
Working Group of the UN
Human Rights Council on Universal Periodic Review
13 May 2008, Geneva
Mr. President,
1. As we embark on this review of Sri Lanka, Mr. President, let me
on behalf of my delegation welcome this opportunity to candidly discuss
vital human rights issues pertaining to Sri Lanka. In keeping with the
spirit of UN General Assembly Resolution 60/251, Sri Lanka is committed
to full cooperation with this Council and we view our voluntary participation
in this process as a further indication of this commitment. As former
Secretary-General, Kofi Annan, said at the Council's inauguration: "This
Council represents a great new chance for the United Nations, and for
humanity, to renew the struggle for human rights." Sri Lanka, as
a wholehearted collaborator in that struggle, has taken an active part
in institution-building initiatives of the Council. A member of the
Council from its inception in 2006, a former Chair of the Asian Regional
Group and holder of the office of a Vice-President of the Council, Sri
Lanka has worked to develop the UPR process, to give life to the aims
of the noble aspirations of the GA Resolution which called for this
process to be a "Review, based on objective and reliable information,
of the fulfilment by each State of its human rights obligations and
commitments in a manner which ensures universality of coverage and equal
treatment with respect to all states". We also expect the process
to be cooperative in nature, based on open dialogue with our full involvement,
involving also due consideration to capacity-building needs.
2. We appreciate Mr. President the deep interest in Sri Lanka of fellow
members on the Council who have raised queries and sought clarifications
on the review documentation. We also thank in advance members of the
Working Group who raise further queries so as to make the ensuing dialogue
vigorous, interesting and of practical benefit to the people of Sri
Lanka.
3. Mr. President, Sri Lanka's National Report presents I believe an
accurate picture of our current human rights situation. It highlights
strengths and identifies challenges we face as a nation in our efforts
to promote and protect human rights. Most importantly, Mr. President,
we have identified our priorities and highlighted the capacity building
needs that will enable us to actualize those priorities. As all rights
are mutually reinforcing and interdependent, the Government believes
equal attention should be given to civil and political and economic,
social and cultural rights as well as the right to development. All
these critical areas are reflected in our National Report.
4. The promotion and protection of human rights, based on internationally
accepted standards, is a priority for all democratic governments, and
we believe it is our primary duty to safeguard the human rights of all
Sri Lankan people. Indeed, a positive obligation is cast upon the branches
of Government to safeguard those rights which find expression in our
national Constitution. Moreover, we have fulfilled international obligations
through participation in most key human rights instruments and labour
conventions, the full implementation of which is also one of our goals.
We expect one of the outcomes of participation in the UPR process will
be that international partners will come forward to assist us achieve
the priorities set out in our National Report.
5. The Government's ultimate aim is to implement a National Action
Plan on the Protection and Promotion of Human Rights, as envisaged in
the Vienna Declaration and Programme of Action. This will be a countrywide
initiative spearheaded and coordinated by my Ministry. It will include
a national mapping exercise on human rights, to identify challenges,
constraints and gaps in human rights promotion and protection. The Action
Plan will also focus on implementing recommendations of the UN Treaty
Bodies, special procedures and mechanisms, pledges Sri Lanka made for
our election to the Human Rights Council and recommendations that emanate
from today's review process.
6. Mr. President, I will, in the course of this presentation, respond
to queries raised in advance in writing. My delegation and I will be
glad to further elucidate on these and other matters as they arise during
the dialogue.
7. Let me first deal with a question posed by the United Kingdom as
to the preparation of the National Report. As stated there my Ministry
- the Ministry of Disaster Management and Human Rights - was the lead
agency coordinating the drafting of the Report. We invited civil society
representatives, some of whom are on my advisory committee on human
rights, to a meeting where the UPR process, including intra-government
discussion and consultation with independent state institutions, was
explained in detail. The Government invited civil society organisations
to raise issues or concerns for inclusion in the National Report - all
responses and communications received were given due consideration in
finalising the National Report.
8. Mr. President, I wish to also place on record our firm belief in
building strong and independent national institutions that can sustain
and deliver on their mandates to promote and protect human rights. We
welcome technical assistance and capacity building initiatives but view
them as temporary remedial measures. We are grateful to the many international
institutions that work in close cooperation with the Government in building
local capacity in key areas including economic development, governance,
administration of justice, environmental protection and poverty alleviation.
But we do not want to supplant national institutions with international
bodies as the best guarantee of sustainable progress in any field is
through generation of national ownership. So it is with human rights.
9. In this context, I would like to respond to two interlinked themes
noted in some of the questions posed. The first is the establishment
in Sri Lanka of an Office of the High Commissioner for Human Rights,
as to which there were several questions posed by Denmark, the Republic
of Ireland, the United Kingdom, Canada and Germany.. In fact the Office
is already represented in Sri Lanka by a Human Rights Adviser, working
within the UN Country Team since June 2004, supported by a national
legal officer and an assistant. This position was welcomed by the Government
and we are now discussing, with the UNDP and the Human Rights Adviser,
capacity building of the Ministry of Disaster Management and Human Rights,
the national Human Rights Commission and other national stakeholders,
as well as a National Plan of Action on the Promotion and Protection
of Human Rights. As these discussions reach fruition we will consider
some expansion of support to the Adviser to meet mutually agreed upon
capacity building needs. The questions also raise the issue of a monitoring
cum reporting function for the Office of the High Commissioner. Much
as we appreciate the work of this office, we are not in agreement with
this suggestion. It is our firm and consistent position that models
which may be relevant elsewhere, in the context of the breakdown of
judicial and administrative institutions and mechanisms, are not relevant
to Sri Lanka and should not be arbitrarily imposed. Sri Lanka has an
independent and robust judiciary and other efficient and vibrant public
institutions and mechanisms. Furthermore, the imposition of foreign
institutions will stifle the potential for growth of national institutions
charged with these functions at present. As High Commissioner Louise
Arbour noted after her visit: "Sri Lanka has many of the elements
needed for a strong national protection system. It has ratified most
of the international human rights treaties. It has justiciable human
rights guarantees in the Constitution. It has long-standing democratic
and legal traditions. It has had a national human rights commission
for more than a decade. Sri Lanka has an active media and benefits from
a committed civil society." It is this established institutional
structure that we wish to nurture and cherish for the benefit of all
our people.
10. This brings me, Mr. President, to the second theme, in questions
about the national Human Rights Commission of Sri Lanka, from Ireland,
the United Kingdom, the Netherlands, Canada and Germany. The National
Human Rights Commission is a vital cog in the human rights promotion
and protection machinery we have put in place. It is a vibrant, independent
institution of State and supports and buttresses the range of institutional
frameworks outlined in the National Report. However, as indicated in
previous studies, it can do with technical support, and UNDP is currently
engaged, to quote from a UNDP letter of 25th March 2008, 'in the process
of developing a new framework for UN support to the HRC'. Meanwhile
I have also taken the initiative of proposing to Parliament that it
should focus attention on strengthening the constituting enactment of
the Commission which is now twelve years old. Experience gained over
the last 12 years has brought to the fore some issues which demand the
attention of the legislature. A Parliamentary Select Committee will
look into and propose legislative measures to ensure that lessons learned
are taken heed of and any shortcomings corrected. I believe issues such
as funding and enforcement will form the key elements of the process
and, leaving aside the much greater allocation given in the last couple
of years from the government, I have secured a commitment for even greater
funding in the future. It is important to note, Mr. President, that
the Select Committee process also involves the receipt of public and
civil society representations.
11. Mr. President, another significant development connected with the
second theme has also been raised. The question from Canada deals with
the Seventeenth Amendment to the Constitution and the establishment
of a multi-partisan body - the Constitutional Council - that contributes
to the appointment of certain independent national institutions and
offices of Sri Lanka. The Parliamentary Select Committee on the Seventeenth
Amendment, which I proposed and which was unanimously adopted by our
Parliament, had drafted an interim report taken up on the 20th of this
month for consideration and adoption. The Report makes recommendations
for reformulation of the Amendment so as to overcome perceived deficiencies
and avoid impasses such as that which prevented the formation of the
Constitutional Council in the past. Once the Report is endorsed by Parliament,
His Excellency the President has stated that he will take immediate
steps to place before the Cabinet of Ministers the relevant constitutional
amendments, so as to bring them before the legislature to get over such
roadblocks to the effective functioning of the Constitutional Council.
12. Mr. President, let me move on to the question from Latvia about
cooperation with Special Procedures and Mechanisms of the UN Human Rights
System. It is noted that Sri Lanka has received many special mandate
holders in the recent past, along with a suggestion that a standing
invitation to all such mandate holders be issued. Sri Lanka has maintained
a record of openness and constructive engagement in this connection.
Over the years Sri Lanka has not hesitated to invite special procedure
mechanisms even under difficult circumstances brought about by the grave
threat of terrorism. These include in the recent past visits by 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, who were received by the Government
of Sri Lanka during the later part of 2007. Furthermore, we had visits
by UN dignitaries such as High Commissioner for Human Rights Louise
Arbour, High Commissioner for Refugees Antonio Gutteres, Under-Secretary-General
for Humanitarian Affairs and Emergency Relief Coordinator, Sir John
Holmes and, most recently, Angela Kane the UN Assistant Secretary-General
for Political Affairs. All these visitors have acknowledged the Government's
facilitation and engaged in free and frank dialogue with the Government
and other stakeholders. In the context of our policy of constructive
engagement, Sri Lanka will consider each request on its merits, and
so the question of a standing invitation does not arise.
13. I would also like Mr. President to advert to the question of access
and safety of humanitarian workers raised by Ireland, the Netherlands
and Canada. The Government of Sri Lanka has taken several measures to
ensure the safety of humanitarian workers and give them access to populations
in need. We appreciate the work of donor agencies including specialized
agencies of the United Nations and local and international non-governmental
engaged in humanitarian work benefiting people in vulnerable circumstances.
We deeply regret the loss of lives of any of these persons and are determined
to do our best to ensure that humanitarian workers are not put at risk
by proximity to high risk areas. Restrictions if any are to ensure that
these persons are not caught up in the conflict or its fallout. All
fatalities and incidents where these workers are harmed in any way are
being and will be investigated and any breaches of the law punished.
The situation in areas affected by conflict, as you will appreciate
Mr. President, is complex and fluid. We need to work together to ensure
that humanitarian workers are able to go about their duties without
hindrance but without unduly placing themselves in danger. Modalities
which involve international, Government and non-governmental parties
engaging in an open, constructive dialogue on these issues is essential.
The Consultative Committee on Humanitarian Assistance (CCHA), which
I chair, is just such a modality to ensure that those workers' activities
are facilitated and that any difficulties are resolved to the mutual
satisfaction of all stakeholders. I wish to reiterate my Government's
commitment to working with our partners to improve the situation in
the future.
14. Permit me, Mr. President, to focus the Working Group's attention
on an important question raised by the United Kingdom and Canada relating
to the existence of a political party known as the TMVP, which developed
out of a breakaway faction of the Liberation Tigers of Tamil Eelam known
previously as the Karuna Faction. The TMVP is a lawfully and validly
registered political party under the electoral laws of Sri Lanka. They
were part of two highly competitive electoral campaigns, the second
of which has just successfully concluded with 65.78% of voters exercising
their franchise despite the fact that Sri Lanka does not have compulsory
voting and notwithstanding deliberate acts resorted to by the forces
of terror opposed to the democratic process.
15. It is worthy of note that the government has thus successfully
created a conducive environment for democratic pluralism and facilitated
the entry into the political mainstream of groups who hitherto resorted
to armed violence in the pursuit of a separate State. This constitutes
the first step in the realisation of effective devolution of power based
on the 13th Amendment to the Constitution, as envisaged in the Indo-Sri
Lanka Accord signed between the President of Sri Lanka and Prime Minister
of India in 1987.
16. The high percentage of voter turnout in the Eastern Province also
demonstrates not only an interest in protecting democratic right, denied
for two decades by the forces of terror, but also confidence in the
commitment of the government to devolve far-reaching powers to the provinces
to address the genuine grievances of the people in these areas.
17. Mr. President, it must also be noted that induction of such groups,
who have previously resorted to terror, into the mainstream of politics
is a gradual process which cannot be achieved overnight. Let me assure
you Mr. President that the government is fully committed to the realisation
of this objective.
18. This development, which we believe is entirely salutary in the
context of re-democratization of the Eastern Province, should not be
confused with the existence of armed paramilitary groups. The Ministry
of Defence has stressed that the only groups legally able to bear arms
in Sri Lanka are the Armed Services and Police. Candidates generally
campaigned in the Eastern Province under the protection of armed police
officers provided to ensure all candidates' security. Complete disarming
of paramilitaries will take place when normality is restored, sporadic
threats from the LTTE die down and democracy takes a firmer foothold.
This will take time, Mr. President, as it does all over the world when
armed groups are convinced to give up their weapons and enter the democratic
fold.
19. It would be opportune at this point to refer to a very important
factor confronting States in fighting terrorism. This is the phenomenon
of terrorist fund-raising. It is universally acknowledged that such
fund-raising, both direct and indirect through so called charitable
fronts, provides a vital resource to sustain terrorist campaigns that
destabilise democracies and lead to violations of human rights. It is
therefore imperative that the international community effectively discharge
its obligations in terms of relevant SC resolutions and international
conventions by taking effective measures to counter fund-raising efforts
in their territories and the transmission of such funds to other States
to perpetrate acts of terror.
20. I will now briefly touch upon the question raised by Ireland and
Denmark, Mr. President, in respect of the independence of the media.
Sri Lanka also believes that a strong, independent and vigilant media
is a sine qua non for democracy to thrive. Our Constitution enshrines
the freedom of thought, the right to hold opinions and the freedom of
expression. Our Courts have gone further in holding that this also encompasses
the right to receive and impart information. We are perturbed by the
alleged attacks on media workers and especially repulsed by the killing
of media workers. The Government in no way condones or endorses any
such attacks. The challenges we face are reflected in a decline in our
rankings in the World Press Freedom Index from 2005 to 2007. Our rank
in the Reporters Sans Frontières' Index in 2005 was 115 and it
has fallen to 156 in 2007. The question from Denmark erroneously states
that Sri Lanka's rank was 51 in 2005. This is, unquestionably, an area
we have to focus greater attention on in the future. However, we are
of the view that it is incorrect to state that authorities have ignored
complaints of alleged harassment. Unlawful attacks against media workers
are investigated thoroughly. Sri Lanka has a sound record of media pluralism
and at present Government owned or controlled media outlets amount to
just over a third of those owned by the private sector. In addition
to this, satellite television and the internet, dominated by the private
sector, are becoming increasingly popular. The sometimes harsh and intemperate
language used by some media outlets in their criticism of Government
and the political leadership, and the fact that the offence of criminal
defamation is no longer part of our law, demonstrate our commitment
to press freedom. But where media workers or any other persons are suspected
to be compromising national security and threatening the cohesiveness
of the social fabric, such incidents must be investigated and if any
laws have been violated prosecutions must ensue. Sri Lanka makes no
apologies for lawful action taken against such persons whatever their
profession or status may be. We believe our commitment to respect human
rights, the rule of law and due process inherent in our criminal justice
system adequately provide for the rights of persons brought within these
processes.
21. There is a further written question from Ireland relating to human
rights defenders. Mr. President, the Government stresses that any unlawful
attack against any person will be thoroughly investigated. However where
such attacks take place in uncleared areas there are limitations on
the ability of investigation by the authorities. In other cases of incidents
reported to the competent authorities, complaints are gone into and
acted upon. The registration of NGOs is done pursuant to the ordinary
laws and regulations of Sri Lanka and any perceived inequity can be
canvassed in the courts. The NGO Secretariat of the Ministry of Social
Services and Social Welfare is a public body amenable to writ jurisdiction
and also the fundamental rights jurisdiction of the ordinary courts
of law. The registration and monitoring of NGO activity is a common
feature of the legal systems of many countries. We are also working,
Mr. President, with NGOs and INGOs and the NGO Secretariat to devise
a jointly agreed upon mode of operations for INGOs and NGOs in Sri Lanka.
22. Sweden, the United Kingdom and Canada raised the issue of child
recruitment for armed conflict. The Government reiterates the position
taken in its national report and emphasizes its zero-tolerance policy
supported by strong legislative measures. We are encouraged that the
TMVP facilitated the release in April of 39 children held by the paramilitary
group known as the Karuna Faction. These children now have access to
rehabilitation, vocational training and reintegration which the Government
working in close cooperation with international partners - notably UNICEF
- stands ready to provide. The Government is pleased to note that UNICEF
has recorded a drop of children held by the Karuna Faction from 164
in January 2008 to 76 at the end of April. Unfortunately the figures
for the LTTE are not as encouraging. The Government has called on all
groups that have used children in armed conflict to cease the practice
immediately and to release all minors in their custody. With reference
to the allegations against the Armed Forces in relation to child recruitment,
I have established a Committee under the Chairmanship of the Secretary
to the Ministry of Justice and Law Reforms, which is continuing with
inquiries into these allegations. Those who have made these allegations
have spoken of strong and credible evidence to back their claim. However
to date, despite requests by the Government for this information, it
has not been shared, to enable investigations that have been launched
to proceed in a positive direction. This also raises the legitimate
question of the bona fides of such claims.
23. I will briefly address three questions relating to gross human
rights violations - enforced disappearances and extra judicial executions
- that have been raised by Sweden and the United Kingdom. Again all
complaints registered with law enforcement authorities have resulted
in the initiation of investigations. The recent indictment of a former
high ranking military officer who is accused of involvement in acts
of abduction and disappearance demonstrates the Government's commitment
in this respect. Over 600 cases in the High Court have been initiated
by the forwarding of indictments by the Attorney-General against members
of the Police and Armed Services for such incidents going back over
two decades. The Human Rights Ministry has taken steps to establish
a 24/7 hotline to receive information of incidents of arrest, detention
or suspected abduction/disappearance and to guide victims or their families
to avenues of redress within the criminal justice and human rights protection
systems. This event was widely publicized and we are confident that
the trilingual service provided will result in substantial improvements
in obtaining information into such incidents. This modality will supplement
the existing complaints procedures put in place by the Human Rights
Commission and the Police. The Special Rapporteur on torture Mr. Manfred
Nowak indicated in his report appreciation for the challenges that the
Government faces from the violent and long-lasting conflict with the
LTTE. He further states that "notwithstanding the difficult security
situation the Government is faced with, Sri Lanka in principle is still
able to uphold its democratic values, ensure activities of civil society
organizations and media, and maintain an independent judiciary".
It is also worth noting that the Police have established a special unit
- the Disappearance Investigation Unit - for the specific purpose of
inquiring into and launching prosecutions in respect of enforced disappearance.
I may add that exhaustive victim and witness protection legislation
is now ready for presentation in Parliament, having been recently forwarded
by the Supreme Court to the legislature after reviewing it for constitutionality.
I can state with confidence that the Bill will be taken up for consideration
in early June when parliament is reconvened. We believe sufficient safeguards
are built into the proposed legislation that will address the concerns
raised by the United Kingdom.
24. In respect of the rights of freedom of religion, Sri Lanka has
a non-derogable constitutional provision guaranteeing freedom of religion.
This is the standard against which all proposed legislation including
anti-conversion legislation is assessed. Legislation inconsistent with
the constitutional guarantee must secure a two-thirds majority for passage
through Parliament and also gain the approval of the people at a referendum.
The question of unethical conversion has been examined by a committee
of experts appointed by me to assess the recommendations of the Special
Rapporteur on Freedom of Religion or Belief. The committee is in the
process of submitting its report. I wish to also point out that the
proposed legislation referred to by the United Kingdom has lapsed and
can no longer be considered to be before Parliament.
25. Let me also touch on the question from Canada relating to the ongoing
investigations before the Commission of Inquiry investigating alleged
serious violations of human rights. This question presumes that the
Commission has completed its investigation into the two cases mentioned.
This is an erroneous assumption. Once the Commission has received all
the evidence and comes to a conclusion on the matters before it and
communicates its findings and recommendations to the Government, appropriate
action to prosecute alleged offenders will be taken within the law with
no consideration as to their occupation, rank or status.
26. The question raised by Germany implies some misperception between
two distinct institutions and appears to suggest that Sri Lanka Monitoring
Mission (SLMM) and the International Independent Group of Eminent Persons
(IIGEP) were intended to supplement each other. Let me clarify. The
SLMM was established in terms of the ceasefire agreement terminated
by the Government for the reason that it was observed in the breach
by the LTTE. With the termination of the CFA the SLMM automatically
ceased to exist. Conversely the IIGEP was the outcome of an attempt
of the government to synthesize the domestic inquiry process with an
international observer group with a defined mandate with respect to
specific cases in order to ensure the observance of international norms
and standards. It would be evident therefore that the mandate of these
two mechanisms were specific and not of a general nature to monitor
human rights. It is regrettable that IIGEP has withdrawn voluntarily
due to misperceptions of their mandate. The government for its part
will not resile from its commitment to ensure the smooth functioning
of the Commission of Inquiry in order to complete its mandate. We have
every confidence in our national institutions in the discharge of their
functions. What is currently required from the international community
is assistance for capacity building as identified in our national report.
27. Finally, Mr. President, with regard to the submission of all pending
Treaty Body reports, let me announce that Sri Lanka submitted the Common
Core Document together with its initial report under the International
Convention on the Protection of the Rights of all Migrant Workers and
Members of their Families, last month.
28. The initial report of Sri Lanka under the Optional Protocol to
the Convention on the Rights of the Child, on the Involvement of Children
in Armed Conflict and the combined 2nd, 3rd and 4th Periodic reports
under the Convention on Economic, Social and Cultural Rights will be
submitted this week.
29. Other pending reports to be submitted under the International Convention
on the Elimination of Racial Discrimination, International Convention
on the Elimination of Discrimination Against Women, International Convention
Against Torture and the Convention on the Rights of the Child are being
finalized and all these reports will be submitted this year.
30. I thank you, Mr. President, and members of the Working Group for
your patience. I look forward to the interactive dialogue and my delegation
and I will respond to issues you raise or comments you make. Let me
again reassure you of Sri Lanka's commitment to the success of the UPR
process as a whole and the development of the Human Rights Council into
the truly global forum on human rights that it was formed to be.
Thank you.
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