'Human Rights' in Sri Lanka - way forward

By Sarath Wijesinghe

Human rights as it is understood today are based on the western values embodied in the form of various "Conventions" and "Treaties" by international organisations headed by the United Nations Organisation. The concept and the theory are based on Great European and Christian values which are compatible with ancient Asian values and customs which are compatible with our culture. Human Right Principles have no rift with all great religions - Christianity, Islam, Hinduism and Buddhism. Therefore it can work hand in hand with our way of life because Sri Lanka and for that matter Asians are a tolerant society upholding all norms of Human Rights values and laws which are embodied in their Constitutions.

UN Convention on which the United Nations was formed replacing the "League of Nations" itself is a Global Human Right instrument until the Convention of Human Right was formulated followed by European, African, and American models. No similar Asian model is established though there were a number of declarations by Commonwealth Association, ASIAN, SAARC and similar regional models. Asians with no hesitation accepted the concepts and working arrangements of the Global Human Rights instruments and further conventions on torture, Labour, War and various other matters.

Definition and Origin

Human rights are enjoyed by Human Beings as human beings being the most developed animal on the earth. It is after the aftermath of the world war that the Union of Nations drafted the Constitution of the United Nations mainly based on the protection of individual and collective "Human Rights" Subsequently the Convention on Human Rights and many other conventions, principles and instruments were prepared. Today it is on the top of the agenda in world affairs, especially with regard to the Sri Lankan Context. There are private and collective human rights to be protected.

Accusations against Sri Lanka on "Human Rights" violations

We should be practical and realistic. We are up against the wall on the allegations of Human rights locally and internationally. It is convincingly propagated by media worldwide very effectively by and via international organisations and interested parties. Most powerfully by the interested parties and the opposition in Sri Lanka in order to gain political advantage over the Government for political benefits. Very serious consideration and attention should be given to this area as it has now reached the peak, to the extent of imminent international intervention in various ways - directly and indirectly. Setting up a monitoring mission of the UN or intervention of peace keeping forces is in their agenda.

Ground work is being prepared by interested parties surreptitiously on this area and it is time for Sri Lanka to be careful and take immediate remedial measures. Globally the Barometer or the measurement of Human Rights is measured in line with International Standards. What are international standards which are neither known nor defined. USA, and number of EU countries do not suppose to maintain international human right standards in their countries.

Generally United Kingdom claims to maintain international standards on human rights though in fact it is not necessarily the case. Existence of Terrorism Act, Internment, and recent introduction of draconian legislation for security of the Nation especially on immigration has brought UK as tough as USA. Gordon Brown is tough on terror and security of the country overriding human rights, because they want the country to prosper.

In the absence of traditional industries and colonialism, UK now mainly depend on investments, tourism and offering the country as a platform for international business and as the main world business "HUB". Without peace world community will have no confidence to invest and use UK as their business base. If and when there is a human rights violation in the United Kingdom the citizen has access to a private or legal aid Solicitor.

Legal aid in the UK is not simple and easy as in Sri Lanka. We have a good word for excellent services by the Legal Aid Commission on this area as one has to pass merits and income trusts initially. It is not easy to find an expert for assistance. There are citizens Advice Bureau which are very difficult to reach. One has to wait for weeks to get an appointment. On the other hand United Kingdom is no longer a peaceful and safe country. It is not safe to travel in nights and crime rate too is rising fast - especially among immigrants and most parts of underdeveloped areas. There are no effective mechanisms to check individual and collective human rights.

It is not well known internationally and even among ourselves but true that Sri Lanka possesses a very effective mechanism on human rights. There is an effective, convenient and less expensive method provided by Article 126 of the Constitution, in addition to the methods available otherwise.

Human Rights Commission is very exhaustive and effective. Ministry of Human Rights and the network of international organisations and Non Governmental organisations are over active and disproportionately large in number. Press including print and electronic media is vigorous and vibrant. Almost all the international Conventions and Instruments are embodied and has become part and parcel of our system. Our mechanism is far advanced and superior to that of United Kingdom. USA, Europe or any other part of the world. In the United Kingdom legal aid and Citizen Advice bureau are the main vehicles which have no easy access to the ordinary citizens.

There are constrains and barriers on income limits and time constraints. In Sri Lanka media and NGOs await to help violations of human rights especially when it is anti establishment. It is unfortunate that there are substantial political racial involvements and elements in this area. It is cheap and easy to obtain redress under Article 126 of the constitution. Despite the all out war on terror there are decisions to lift barriers, not conduct searches in nights protection to lodgers in Colombo are some examples. Rule of Law and Separation of Powers should be strictly adhered to and there should be harmony and understanding among the Executive, Legislature and Judiciary. Sacrifice and commitment of the forces who protect the three branches and the citizens too must be protected encouraged and appreciated.

When the Executive and Forces sacrifice and are about to win the war on terror, it is the duty of all parties and citizens to support irrespective of any differences. In the United Kingdom until the IRA terrorists and terrorism was completely crushed Labour, Conservative and Liberals worked hand in hand for the Nation with the Labour Government in power. This maturity is lacking in Sri Lanka. When civilians are massacred and members of the forces are dying the opposition makes jubilant statements civilising the Government on slimy issues. They want an election for them to come into power to continue the CFA which has given major portion of North and East as Tiger territories, out of which a major portion is now recaptured. Now what is required is to give equal rights to all citizens- not reasonable rights mooted by SWRD- equal rights to all ethnic groups mooted by Mahinda Chintana.

There is an urgent need to address this issue as things are getting out of control. Today LTTE is rated as the most ruthless terrorist organization in the world. It has network all over the world. It is rich and cunning as a "Jackal" with groups of intellectuals worldwide to advice to hoodwink the international community LTTE front organisations and the propaganda network of anti Sri Lankan lobby mooted by the opposition has a field day in the absence of an effective opposition by the Sri Lankan Government and the "Missions" which are inert and ineffective. Front Organizations have infiltrated UK Europe and USA. It is salutary that the Foreign Minister has taken prompt and constructive steps on this area.

These are realities, which President Mahinda Rajapaksa tried to correct sometime back.

The current ineffective situation on the "Human Right" situation is an indication of the failure by our representatives worldwide. There are threats and moves to link Human rights to Foreign Aid, Military Aid and assistance on development. The tide is against us, but we have no alternative but to work harder with a strategy. What should be our strategy and how do we overcome the lucrative "Human Right Industry" Industries are organizations to produce and to earn money with row materials. In human rights with least investment and establishment the earning capacity generation is enormous for example Oxfam which earns billions per minutes spends 80% of the income for administrative expenses.

During Tsunami the NGOs earned billions in the name of Tsunami victims who are still suffering. Those who were mostly benefitted were the NGOs and Cheaters.

Today we are economically controlled by a few multinational companies.

Prima, Shell, Laughfs, Milk food and cement companies, have the full monopoly on major consumer items. As a result and the increase of world prices the prices of most items including the essential consumer items are going up. Our industries are on the decline due to inflow of Chinese and other cheap goods. Industry is manufacture of items with the use of raw materials. The word industry is commonly and globally used as it involves large amount of funds generated by UN agencies and non governmental organisations. International Alert was accused of a coup in African Country using the funds allocated to protect human rights Sri Lanka today is a haven for the NGOs who are enjoying the benefits and concessions offered by successive governments, which is not the case in India. In India NGOs are kept at arms length. Because of the agitation by some NGOs to link human rights to Aid packages to Sri Lanka, economic situation is disturbed. Multinational companies as vultures are demanding for the share of flesh from the consumer taking their basic right to live away.

First we must educate ourselves and educate the forces, public, and all Government institutional networks. These are matters for the Human Rights Commission, Ministry of Human Rights, "Our Diplomatic Missions", Ministry of Education, These institutions are either overburdened, ineffective or still not realized the need coupled with lack of vision and strategy. It time that the Presidential Secretariat act as a promoter and a catalyst in order to activate the institutions and give proper directions.

Forces work under tremendous pressure and the protection they receive are insufficient. Powerful NGOs, Press influences political motives, funds and perks of international

NGOs and misguided branches of the State Private and Statuary bodies too must be appraised in the interest of the security of the country and the crucial situation in the country when we are about to win the war.

It is an acceptable fact that in a total war it is not possible to maintain International Human Rights Standards to the last word but despite the war Sri Lanka maintains much higher standards the UK, USA and European Union standards.