Sri Lanka can overcome any challenge successfully – Minister Samarasinghe
By Manjula FERNANDO
Plantation Minister Mahinda Samarasinghe who also oversees the
subject of human rights, in an interview with the Sunday Observer says
the lifting of the Emergency is a commitment the Government has
fulfilled to ensure that the right conditions exist on the ground for
national reconciliation.
“There are certain points of view now being expressed that we are
totally relaxing the Emergency due to international pressure. This could
not be further from the truth. As early as May 2010, we reduced the
scope of the Emergency Regulations in keeping with the ground situation.
In March and in June this year we told the community of nations in
Geneva that we would consider lifting the Emergency when it was
warranted. This has been our consistent message.”
He said the Sri Lankan team to the UNHRC in September will not shy
away from aggressive and biased criticism, but on the contrary,
confidently attack anti-Sri Lanka propaganda and project the true
picture of a nation trying to rebuild after successfully crushing the
scourge of terrorism.
“As I said earlier, we have nothing to be shy or diffident about. We
have impressive achievements to talk about and we also acknowledge that
there are challenges that we must overcome”, he said.
Q: You will shortly be attending the forthcoming sessions of
the United Nations Human Rights Council in Geneva. What are your
expectations?
A: It will be my privilege to lead the Sri Lankan delegation
to the 18th Regular Sessions of the UN Human Rights Council (HRC)
scheduled to begin in the second week of September.
In accordance with the brief given to me by President Mahinda
Rajapaksa, I will attempt to place our record fairly and squarely before
the 47-member Council and the wider international community represented
in Geneva.
This is more or less what I have been doing for over five years.
During that period - we have interacted with the community of nations in
a spirit of constructive engagement with Sri Lanka’s national interest
uppermost in our minds. In that effort we have been largely successful.
We have no reasons to be diffident or evasive about Sri Lanka’s
situation. On the contrary, we are in a position to announce to the
world the great strides we have made in a little over two years since
the end of the battle.
Q: There are concerns about undue pressure from certain
quarters on Sri Lanka to take certain measures in the post-conflict
scenario, especially with regard to what is termed as accountability.
How are you going to address those issues?
A: Although the battle ended in May 2009, there are many
challenges to face in finally winning the peace. There are many
compulsions emanating from various quarters to target Sri Lanka. We, as
a Government, have consistently warned that the remnants of the LTTE
international network and other elements are working tirelessly to put
Sri Lanka on the mat. The so-called anti-Sri Lanka diaspora is well
organised and is using every resource at its disposal to maintain and
magnify this pressure.
Unfortunately, some of our international friends and partners have
uncritically echoed these sentiments without taking a holistic view of
the Sri Lankan situation, perhaps driven by domestic political and other
imperatives. These anti-Sri Lanka elements have unfortunately lost sight
of the opportunities for a new Sri Lanka that the defeat of terrorism
has enabled. It is our duty to engage with them, convince them of the
new reality and, if possible, co-opt them into rebuilding a new nation
in which each Sri Lankan, irrespective of language, religion, ethnicity
or cultural background, is welcomed and accommodated.
As I have consistently said, even before the end of the battles,
several initiatives needed to be taken to achieve a lasting and enduring
peace.
What my delegation will make clear in the weeks of engagement in
Geneva is that we have embarked upon most of these initiatives already.
We have achieved tremendous progress in some of them and have asked for
sufficient time for these initiatives to bear fruit. While we are aware
of the international concerns, we cannot rush any of these processes to
suit others’ agendas. We must ensure that Sri Lanka’s vital interests
are served before anything else. To paraphrase President Rajapaksa, Sri
Lanka - our motherland - comes first, second and third. This precedes
and precludes any other priority.
Q: But how are you going to withstand international pressures
which take many forms? It is alleged the lifting of the Emergency was in
response to such pressure?
A: We can and will withstand all pressures by doing the right
thing by our people and honouring our international obligations. This is
not bowing to a certain grouping of nations, but rather asserting that
we are a good international citizen.
As the situation gradually improves, we will make adjustments,
refinements and policy changes to reflect a changing environment. For
instance, take the Emergency Regulations promulgated under the Public
Security Ordinance in 2005 after the assassination of Minister Lakshman
Kadirgamar.
There are certain points of view now being expressed that we are
totally relaxing the Emergency due to international pressure. This could
not be further from the truth. As early as May 2010, we reduced the
scope of the Emergency Regulations in keeping with the ground situation.
In March and in June this year we told the community of nations in
Geneva that we would consider lifting the Emergency when it was
warranted. This has been our consistent message.
Careful consideration
The situation has improved to an extent that will permit the lifting
of the Emergency altogether. This was not done in a vacuum, but with
careful consideration of the needs of the country.
It must be noted that certain legal and regulatory arrangements have
to be made to cater to any exigencies that could arise. What is
important to stress here is that it was we who decided, the
democratically elected President and Government of a sovereign and
independent nation, not some other global or regional power. We did so
in a manner that was responsible, careful, and consistent with good
reason and common sense. The people of this country expect no less.
Moreover, there is no reason whatsoever to consider Sri Lanka a
maverick or rogue state. We have been open about what we are doing. We
have engaged in Geneva and at other international fora and briefed the
international community about our progress, problems and solutions that
we have devised. One example is the Universal Periodic Review (UPR) in
the Human Rights Commission which we fully participated in 2008 when the
battle was ongoing. Next, we will participate in the second cycle of the
UPR in 2012 and all our friends and partners are welcome to engage in
that dialogue at which any and all concerns can and will be addressed.
It is my view that it is our openness and willingness to engage that
allowed us to win the support of a great majority of the Human Rights
Council in May 2009 when a Special Session of the HRC was held on Sri
Lanka. We, together with our friends, secured a Resolution that was
supportive of Sri Lanka and her efforts in the battle against terrorism.
I was honoured to lead the formidable Sri Lankan team under the guidance
of the President on both those occasions, and I am confident that, in
the same spirit, we will be able to state our case in a forthright
manner and win the day for the country.
Q:As a Minister who was formerly in charge of the subject of
Human Rights, how would you answer those who say that human rights of
the people of Sri Lanka are being violated with impunity?
A: That is a total canard. I referred to the UPR earlier.
During that process, we took stock of what we had achieved, what our
challenges were and how we were going to address them. It was an
accurate snapshot of the human rights situation in the country at that
time.
I personally oversaw the drafting of the National Report that was
submitted to the HRC. Our report was commended by a great many nations
who participated in the UPR on Sri Lanka in May/June 2008. In
particular, the frank and candid manner in which we presented the
factual situation and the level of detail the report went into, won us
special appreciation.
National Action plan
During the UPR, we pledged to devise a National Action Plan for the
Promotion and Protection of human rights. We worked hard on fulfilling
that pledge with the assistance of key Government institutions and civil
society groups. We were greatly supported by the UN system in that work.
The Attorney-General gave leadership to the process of drafting and
refining the final proposed Action Plan which is now before the Cabinet
for their consideration.
We are now planning for the implementation phase, including
monitoring and evaluation. Once adopted by the Government, we will
popularise the Action Plan and secure buy-in by every segment of
society. This is the pith and substance of the National Action Planning
process. Everyone at every level of society must participate in and be a
constructive contributor to the successful implementation of the Plan.
At the core of the Plan is the concept that we have achieved much in the
sphere of human rights, but there are improvements that can be made in
keeping with national priorities.
The Plan presents a structured framework which will take us to a
higher level in the promotion and protection of human rights. We will
move from being ‘good’ to being ‘better’. It is worthwhile to note that
a new Human Rights Commission has been appointed in terms of the law and
is forging ahead with its work. The Supreme Court has for over 30 years
stood as the ultimate guarantor of the Fundamental Rights enshrined in
the Constitution. They have given innumerable decisions upholding the
rights of people during that period.
We have a vibrant media and civil society that is vigilant, dedicated
and vocal. We have a functioning courts system, an independent
prosecutorial service and an improving law and order situation in the
wake of the defeat of terrorism. Language rights, for so long the cause
of much dissension and division, are being gradually strengthened
through a Ministry, a permanent Commission and a Department. All these
are elements of an institutional framework to protect human rights in a
democratic setup.
Room for improvement
Of course, there is room for improvement. I would be the last to
state that we have a perfect record. That is why initiatives like the
National Action Plan are so important to carry through. Impunity occurs
when there is a collapse of legal and institutional safeguards to
protect the people’s rights. No one with any sense of responsibility can
say that of Sri Lanka.
Q: Not long ago, you set out the 4 Rs that underpin the
rebuilding of a society in a post-conflict scenario. How would you
assess progress in that respect?
A: Soon after the end of the battle, I was invited to deliver
a keynote speech to an international forum on ‘winning the peace’ in
August 2009. In that presentation, I set out the four elements that, to
my mind, were key to rebuilding a peaceful democratic society emerging
from nearly 30 years of conflict. They were:
Reconstruction;
Resettlement;
Reintegration including rehabilitation; and Reconciliation including
democratic political accommodation.
Now, two years and three months on, I do not need to dwell on the
successes of the reconstruction element. The vast level of investment in
rebuilding infrastructure has been universally recognised. To enable and
sustain this level of expenditure and activity, the first priority was
to ensure security and law and order.
De-mining of conflict affected areas was carried out at a pace that
compares with the best efforts anywhere in the world. I was recently
told by one senior individual representing a key development partner
that they admire and acknowledge the lead role taken by the Sri Lanka
Army in this respect. The Army is responsible for around 80 percent of
the successful de-mining operations. Of course their efforts are
supplemented and supported by several international agencies, but the
role played by the Army in giving leadership is most commendable.
Roads, bridges, public buildings, schools and health facilities have
been rebuilt not just to replace what existed in the past, but at a
vastly improved level with an eye on the future needs of people in those
areas. Similarly, resettlement has been achieved at a pace that is
perhaps unmatched elsewhere. Given the caseload of over 290,000
displaced persons at the end of May 2009, our achievement in this regard
is a potential role model for other countries and conflict zones. Along
with resettlement, restoration of livelihoods has been accorded the
highest priority. It is enabling people to stand on their own feet and
take charge of their lives that is most important. It is the cornerstone
of guaranteeing human dignity, the ultimate aim of all human rights.
Over 11,600 ex-combatants have been put through varying programs of
rehabilitation depending on their needs and level of involvement in
terrorism. Many have been released through the judicial system. The
office of the Commissioner-General of Rehabilitation, successively
occupied by persons of dedication and goodwill, has done yeoman service
in this context.
A special mention must be made of the child combatants who were
rehabilitated. A proper legal and institutional framework was set in
place and this critical segment of Sri Lankans have been cared for,
trained and rehabilitated at great cost to the State. These persons have
now been given the opportunity to become useful and productive citizens
a credit to their families, communities and the country. We must
continue to monitor their progress and assist them to build a secure
future for themselves.
Q: What about the fourth element, reconciliation including
democratic political accommodation? There is criticism levelled at the
Government that progress is too slow.
A: President Mahinda Rajapaksa and some of my Cabinet
colleagues, most notably Prof. G.L. Peiris, Minister of External
Affairs, have pointed out that reconciliation and political solutions in
other post-conflict societies have taken years, even decades, to evolve
into durable systemic responses within a democratic framework.
LLRC recommendations
Currently, the Lessons Learnt and Reconciliation Commission (LLRC) is
inquiring into the conflict and its causes and is evolving
recommendations to ensure that such a situation never arises again in
Sri Lanka. I am happy to wait for that body to finish its deliberations
and come up with its conclusions.
A near 30-year conflict that is multi-faceted and complex and had its
roots in decades of history, cannot be analysed and dissected in a space
of a few days. The persons engaged in the Commission are highly regarded
professionals. They should be given time and space to come up with their
findings and recommendations. We have briefed our interlocutors in
Geneva and elsewhere of the interim recommendations made by the LLRC and
the measures taken by the Inter-Agency Committee to implement them
without delay.
Reconciliation is about building trust and amity between communities
and assuring them that problems and issues can be addressed and resolved
in a democratic manner without resorting to violence. This has to evolve
from the people itself. The Government can only ensure that the right
conditions exist to facilitate this consciousness.
As Jawaharlal Nehru said: ‘Peace is not a relationship of nations. It
is a condition of mind brought about by a serenity of soul. Peace is not
merely the absence of war. It is also a state of mind. Lasting peace can
come only to peaceful people’.
Merely prescribing solutions from above without efforts at the
grassroots and community-level peace-building will be less than
fruitful. We as a people have great strengths. We are nurtured and
enriched by four of the world’s great religious traditions that have, at
their core, peace and co-existence.
I look forward to the LLRC coming forward with creative, forward
thinking and workable recommendations that we can implement with a view
to buttressing our common values and ideals and celebrating our rich
socio-ethnic makeup; building a Sri Lankan identity that is overarching
and inclusive and which nurtures the diversity of our people. All this
must be achieved within a paradigm of democratic governance which is the
best guarantee of peace, prosperity and security for all Sri Lankan
people.
This is also why the President has started the process to conduct
democratic elections and let people decide who it is they want to
represent them at different levels. Faith in the process and real
results over time will give people the confidence to work together and
rebuild Sri Lanka from the bottom up.
Elections in N-E
Elections were held in the East and recently in the North. At the
upper levels of Constitutional Reforms and discourse at a national
level, a Parliamentary Select Committee is to be tasked with formulating
a series of measures that the vast majority (if not the entirety) of the
Sri Lankan people will find acceptable. This is fundamentally important.
All attempts and measures taken in the past 50 to 60 years have, at some
point, broken down due to a lack of across-the-board acceptance and
bipartisan buy-in.
The key is to forge a national consensus that will support and
sustain the solutions proposed. Any putative solution arrived at between
two or three political groupings is not going to be ultimately
successful if a substantial portion of our polity opposes it. Our
experience over the years teaches us this undeniable lesson.
Q: Finally, are you confident that you have the tools to win
in Geneva?
A: In diplomacy and multilateral engagement, ‘winning’ is a
relative term and concept. We will be successful if we are able to
convince our many friends, I do not believe we have any ‘enemies’ in the
traditional sense, of our bona fides and our willingness to work
together with them as a sovereign and independent member of the
community of nations.
Under the capable leadership of the Minister of External Affairs,
this engagement is taking place at various levels and on a daily basis
through our diplomatic missions in foreign capitals. The subject of
human rights is an important aspect of this engagement. As I said
earlier, we have nothing to be shy or diffident about. We have
impressive achievements to talk about and we also acknowledge that there
are challenges that we must overcome.
We are not sitting back, but are proactively addressing those
challenges. We seek understanding and cooperation in improving ourselves
and not mere unhelpful and biased criticism. We will not shy away from
aggressively countering or attacking falsehoods and anti-Sri Lanka
propaganda. We have done so in the past and will continue to do so in
the future. As ever, I am confident that we as a Government and a united
Sri Lankan nation can face any challenge and overcome it, just as we did
in overcoming terrorism over two years ago. |