Human Rights situation in Sri Lanka - the real truth

By Sarath Wijesinghe (Solicitor-Attorney-At-Law)

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Today “Human Rights” is in the top of the agenda, even more than hunger and security. Some schools of thoughts backed by non governmental organisations suggest that the human rights situation is Sri Lanka is unsatisfactory.

Most of the proponents of this theory are Chief Executives or regional heads of some local and international NGOs, who obtain information from their own network and media. Internet is also a main provider of information. According to the proponents of the theory South is fine.

This is a very unusual and strange situation. In any country there are criminal elements. Chicago in USA and Brixton in the United Kingdom are known criminal towns. In Sri Lanka the general crime rate was high.

There is a terror of war - not a civil war - in Sri Lanka, where truth has become the main casualty. In a terror of war situation it is hard to maintain international standards.

Some Western countries expect us to maintain international human rights standards when their own standards are poor and questionable. They throw stones at us from glass houses when their own backyard is dirty.

The Sri Lankan community is an exemplary society. They lived like brethren for thousands of years in harmony. With all ethnic groups and continue to live so.

Today Tamils are the majority in the capital of Sri Lanka and in the North and East Sinhalese are in the third place in Colombo and North and East according to figures, which is a reality accepted by the Sinhalese.

Some organisations claimed ethnic clenching when the Security Forces have taken measures to check suspects and lodges in Colombo. How could this happen when the majority in Colombo are Tamils and Muslims.

Ethnic clenching is eradication or moving a particular race or a community from one area to another part of the state forcibly. There was ethnic clenching when the LTTE eradicated Muslims from Jaffna forcibly and Sinhalese from East.

Citizens do not feel discrimination in this country though in the west the minorities are not at ease. In Britain, USA and Europe Muslims are going through a hard time. They are immediate targets and suspects of war on terror.

In the capital of Sri Lanka the leading business communities are Tamils and Muslims, in the capital, factual situation appreciated and accepted by the Sinhala Majority in the country as a whole.

Human Rights in Sri Lanka are accepted, practised and respected. Minorities are buying properties at exorbitant prices in Colombo and suburbs to settle down in Colombo and suburbs such as Wattala and Ratmalana.

This shows their trust on the Sinhala brethren and the desire to live with them. The majority of Tamils live outside North and East with Sinhalese, though LTTE claims ownership to North and East.

According to Western thinking and definitions Human Rights are rights enjoyed by human beings because they are human. Humans are the most developed animal in the animal kingdom. It was as a result of the aftermath of two world wars that the West initiate this process 60 years ago.

In Asia as a result and on the influence of Great Religions human rights have been on the top of the agenda and respected and practised over thousands and thousands of years.

The main aim according to the United Nations Charter of the establishment of the UN in place of the “League of Nations” is to save the succeeding generations from the scourge of war, which twice in our lifetime has brought unfold sorrow to mankind, and to reaffirm faith in fundamental rights and human dignity.

A main purpose of the UN is to maintain and develop friendly relations among nations based on respect principles of equal rights. Irrespective how small the country is Sri Lanka is a respected and a senior member of the “World Family” with considerable amount of internal issues to resolve and economic constraints due to lack of resources, improper management of all successive previous governments, and lack of genuine support from some friends of the family.

The country has been given inflated and disproportionate publicity by interested parties in order to attract the attention and funds for the existence of some organisations based in Sri Lanka, regions and head offices in capitals.

The UN too is an NGO consisting of states headed by the Secretary General, which has recognises “NGOISM” in the implementation of the UN mandate.

It allocates funds worldwide and recommends funding to NGOs whose management machinery is sophisticated and well managed.

Their regional and country offices are well managed and adequately funded. There was a recent report of a head of an organisation in Sri Lanka who has attempted a coup in an African country, is drawing a salary and perks amounting to some billions of dollars. Most international organisations spend over 80 percent of the funds and grants obtained for management and salaries.

They lead a luxurious life with all facilities and perks. These are funds allocated to the country and not necessarily to NGOs. Funds are granted to the State and nongovernmental organisations expecting the parties to be honest. Therefore there should be accountability and transparency on the management and conduct of these organisations.

They have all resources and quality of life in this beautiful island with little or no resistance from the administrative machinery. They have to show results to their superior who is the world heads of the “Human Rights Industry.” Though bluntly defined; these are hard facts and the reality.

The other main instrument on human rights is the Universal Declaration of Human Rights which is a mere guideline of rights to member states. European Brotherhood promptly codified this instrument through ECHR - European Charter of Human Rights - when the United Kingdom had reservations.

Subsequently the UK agreed to the ECHR jurisdiction which has led to a number of landmark cases on torture and violations by the United Kingdom. To our credit we included main ingredients of UNHCER in our 1978 Constitution, when the United Kingdom made it part of municipal law only in 1998 by the introduction of Human Right act.

Apart from the long history of practice of human rights, based on great Asian religions and culture, Sri Lanka has proved that they are far ahead of the West on implementation and acceptance of the principles.

Today Sri Lanka has ratified most of the international instruments, conventions and protocols on this subject based on the principle that “all humans are born free and equal in dignity and rights.” Even the states enjoy this right of equality which is reaffirmed in the Vienna Convention on Diplomatic Relations adopted on 16th April 1961.

Accepting the sovereign equality of all the nations. Main duty of the Diplomatic Mission according to Article (3) (e) is to promote friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.

We are concerned about the concern of heads of “SOME” Diplomats about our human rights situation based on our ratification on the UNHCER which is only a guideline which is a part of our municipal law.

We have a very powerful and effective Human Rights Mechanism by way of a Commission and a Judiciary which is alive and forceful on matters on infringement of violations of the citizens We have a separate Ministry for Human Rights and the “FAT” NGOs are waiting for an opportunity for good cases for publicity which will bring enormous funds to the establishments.

With the help of modern E-developments news travel fast - even before proper assessment on facts. Individual as well as collective human rights are well protected. The State has guaranteed the protection to every citizen.

Recent elections in the East has proved the desire of average citizen in the North and East to be free from the LTTE and embrace the democratic process again. Sri Lanka and India are the only remaining model democracies in practice and the people are eagerly awaiting for this opportunity gabbed by the LTTE from the people of the North and East.

After 9/11 USA further tightened the existing laws against terror and terrorism. Recent decision of President Bush’s directions to retain the right to practice coercive interrogation methods is a chilling signal to terrorists (as the word used by USA) worldwide including Afghanistan, Iraq and Sri Lanka. Now the CIA could use 19 ways of interrogation.

Therefore Water holding - strapping a person and pouring water, hooding prisoners or putting duck tape across their eyes, stripping naked, force to perform sex acts, mock executions, and other cruel and inhuman methods are permitted. President Bush has claimed that these techniques are required to be practised for the safety of the nation and to obtain vital information from the suspects for preemptive action.

He is genuine and bold in making statements and taking decisions in the interest of the Nation. These treatments are cruel but necessary. The LTTE is the most dangerous and ruthless terrorists in the world.

They are dangerous, cunning, efficient, experienced and backed internationally. Belmash Prison in UK is so dangerous that prisoners fear to be inmates. In the USA prisons are tough and forces are rough. Soldiers are not soft and professional as our soldiers.

In Afghanistan and Iraq both USA and UK forces have been convicted and found to be inhuman and cruel towards the civilians and terror suspects. Sri Lanka forces have a good word to their credit. Sri Lankan forces cannot afford to soft peddle with the LTTE in the interest of our economy and lives of innocent citizens. UK Prime Minister Brown too is extremely tough on terror and terrorists.

In Britain PTA is alive and internment is ready to implement. There were occasions when innocent civilians were chased and shot at suspecting terrorist activities. Terrorists are not treated equally. Judiciary too is tough on terrorists. Any area or houses could be searched day and night. Houses could be cordoned. Security forces have been given a free hand. Separation powers are respectfully adhered to. But the heads of Missions apparently are overreacting and exceeding the mandate given by the sending state and the convention rights.

These are facts and figures on realities. We need good friends who respect each other irrespective of the size and income of the State. We have shown and proven ourselves to be honest and genuine. We cannot afford to lose the friendship of any country.

I think it is time for the diplomatic community and NGOs to rethink on the attitude towards us and enter into a genuine dialogue without getting into the bandwagon of exploiters of Nations.

Let us live in harmony as brethren in the world family and the representatives of Missions have a major role to play in this process.