4.3.2008
Minister of Disaster Management
and Human Rights, Mahinda Samarasinghe responding to the
earlier statements made by a few countries on the situation
in Sri Lanka strongly refuted the assertion that the situation
has worsened. He said "We regret one or two statements
made here, that fly in the face of all concrete evidence,
that the situation in Sri Lanka is deteriorating, when
we have dealt more firmly with terrorism, with far-less
damage to civilians, than in any comparative situation."
Minister
made these comments at the opening of the High Level Segment
of the 7th Session of the UN Human Rights Council, yesterday
(March 3) in Geneva.
The
Minister announced 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.
He
said that Ministry of Disaster Management and Human Rights
at present is 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.
He
expressed confidence that Sri Lanka could count on her
many friends in the Human Rights Council who understand
and appreciate the complexities of the situation faced
and the progress made to date.
The
full text of the statement made by the Minister is as
follows:
"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 polarizing 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
fulfill 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 K„lin 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 prioritizing
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 fulfill 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 fulfill 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. vWe 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 organizations 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 stabilization 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 fulfill 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 fulfillment
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
Despite
all our efforts which I have just described, we regret
one or two statements made here, that fly in the face
of all concrete evidence, that the situation in Sri Lanka
is deteriorating, when we have dealt more firmly with
terrorism, with far-less damage to civilians, than in
any comparative situation.
Sri
Lanka may be a small country, but nevertheless it is a
country that is proud of its heritage and democratic values
which it has upheld and continues to uphold under extreme
adversity. We will not be pressurized by subjective criticism,
however powerful the source may be, which seems influenced
by parochial agendas. If similar energies and anxieties
were directed towards the LTTE as the energies and anxieties
displayed vis-…-vis Sri Lanka, Mr. President, it
will greatly precipitate the realization of a durable
and lasting solution.
Sri
Lanka knows that we can count on our many friends in this
Council who understand and appreciate the complexities
of the situation we face, and the progress we are making
in putting an end to terrorism and uniting our people.
Thank
you Mr. President."
Courtesy - priu.lk