Sri Lankan delegation place bare facts at UNHRC
Sri Lanka reiterated its commitment to strengthen human rights even
as it deals with the world’s most ruthless terrorist organization, the
LTTE, in the Final Statement of the Sri Lankan delegation on the
occasion of the adoption of the Universal Periodic Review of Sri Lanka
by the United Nations Human Rights Council (UNHRC) on Friday (June 13).
The statement followed introductory comments by the Minister of
Disaster Management and Human Rights, read by the Secretary, on the
Report of the UPR Process.
This was followed by statements from nine countries, many of which
commended Sri Lanka for its efforts to safeguard all human rights
despite the difficulties posed by terrorist threats. Unfortunately there
was no time for other countries, including those from the SAARC Region,
which had put themselves down to speak.
Three countries, whilst appreciating progress, and Sri Lankan
responses to the UPR process, suggested other areas in which further
improvements could be made, while one country expressed disappointment
about responses to recommendations, in particular the rejection about
acceptance of a UN Monitoring Mission.
Seven statements by Non-Governmental Organizations followed, many of
them expressing disappointment about the rejection of this particular
recommendation, whilst raising other issues such as the rights of women
and children which they felt had not been adequately addressed by member
states during the UPR process.
Prof Rajiva Wijesinha, Secretary to the Ministry of Disaster
Management and Human Rights, stated the following by way of Sri Lanka’s
response:
“Mr. President, as you noted, this is not supposed to be an
interactive dialogue, so we will not respond to individual comments. We
are grateful, as we said before during the review, to all the countries
that raised issues, not only those that recognized progress made on
various fronts but also those that made constructive criticisms to help
improve matters.
We are pleased that all but one of the countries that spoke today
were so positive, and we respect the queries raised by a couple of them
and will do our best to address them.
However, we will use this time to raise some general issues in order
to clarify matters whilst taking the general purpose of this process
further. Let me then first ask my colleague Mr Mohan Pieris to address
some of the topics raised”
Mr. Mohan Peiris, P.C (President’s Counsel) Legal Advisor to the
Ministry of Defence, in a lengthy clarification, said the following:
“I will deal first with some of the salient critiques made by
distinguished delegates on the questions of torture and extrajudicial
executions.
Whilst appreciating recommendations in this respect, the Government
states categorically that it does not condone torture and extrajudicial
executions under any circumstances, and refutes any implicit suggestions
that it has been complicit in torture or extrajudicial executions.
I would ask the honourable delegates to appreciate that there is an
absolute constitutional guarantee against torture in article 11 of the
constitution of the Republic. It constitutes a criminal offense, with a
seven year minimum term of imprisonment.
The Supreme Court is empowered to make determinations regarding
allegations of torture and about compensation. All complaints of torture
are impartially and comprehensively investigated and perpetrators
prosecuted in our courts.
The civil legal system enables victims to obtain damages
additionally.
“It also follows that disciplinary action may be taken against public
officials if found guilty of those offenses of perpetrated torture.
“On the question of extrajudicial killing, I would want delegates to
appreciate that extrajudicial killings are also criminalized without any
exception. Comprehensive legal processes are available against those
responsible for such criminal activity. Sri Lanka will continue, as it
does at present, to implement and further develop safeguards against
occurrence of such criminal activity.
“May I also take this opportunity of dealing with some other matters
raised by honourable delegates, such as the question of impunity? Mr.
President, let me assure them that every effort is being made to
bring to book perpetrators of offenses or violators of human rights. It
is not the case that the Government has no will, and I refute the
allegation that there is no will to deal with these issues.
We have set up the structures necessary and, as we have persistently
asked from the Council, we need technical assistance in capacity
building to deal with matters being raised in this august assembly from
time to time. It might be well to remember that we have a long history
of a highly developed legal system.
We have a common law which is Roman-Dutch and we have also a very
strong influence of the English law. And between these two legal systems
we have developed, we have in place a very complex system of laws and I
don’t think we need any assistance in terms of any legal input to deal
with the matters of human rights. In that respect it is our fervent plea
that this assembly appreciates the difficulties that we have and why we
seek assistance for capacity building.
“In our search for improving the situation, and bearing in mind the
impact of terrorism on human rights, may I bring another point to your
attention regarding funding? This deeply concerns us. I would
respectfully and graciously plead with delegates here that every effort
be made on your part to stop the funding of terrorism, particularly in
Sri Lanka.
I am sad to say that we find large money flows from other
jurisdictions to Sri Lanka in the funding of terrorism. And it is our
fervent belief that if the funding is curtailed, this fight against
terrorism could be far more successful and all conflicts could be
brought to a peaceful end.
“May I also deal with some of the matters raised by some other
organizations, when they raised the question of the sexual violence
against women in Akkaraipattu, and the critique made with regard to
threats to journalists by the Secretary of Defense?
We have mechanisms both in our criminal law and our civil law to deal
with questions of sexual violence on women be it in Akkaraipattu or in
any other part of Sri Lanka. It is not something that is new, it has
been an issue that has been dealt with from time immemorial. The
structures are in place and the perpetrators of such offenses are
brought to book on a routine base.
Indictments are sent out by the Attorney General’s office, whereby
offenders are brought to book, convicted, dealt with and punished in due
course.
“On the question of the threat to journalists, the Government is
conscious of the constitutional guarantee with regard to the freedom of
expression. We have written it down in our constitution and we respect
that. Now we are only asking that we be understood when we critique the
press openly with regard to some matters concerning national security.
We cannot compromise on national security whilst assuring the freedom
of press which we cherish and would like to protect. All we say is that
the press must be conscious of the requirements of national security in
the context of the crisis that the country faces.
Let me assure you that the Government is committed to the protection
of a free press, and this freedom will be assured to every journalist to
get about their work because it is the position of the Government that a
free press is of great assistance to the country in its process of
governance.
“Now to deal with another aspect of the matter, with regard to the
IIGEP. The IIGEP is still in existence in Sri Lanka, and the comment
that the IIGEP does not exist any more was an overstatement.
The former members of the IIGEP decided not to function as the
members of the IIGEP any more, but it is not the intention of Sri Lanka
to derogate from that position but it would invite member states to
assist, in whatever way possible, to enhancing the effectiveness of the
Commission which is investigating incidents such as the ACF incident and
the incident in Trincomalee. Thank you.”
Prof Rajiva Wijesinha, Secretary to the Ministry of Disaster
Management and Human Rights in additional comments, said:
“Mr. President, in concluding I should point out that the comments
made about Sri Lanka fall into different areas which have to be
addressed in different ways. Several people raised questions about
alleged impunity and disappearances and extra-judicial killings and
torture.
Let me assure you that we are as concerned as everyone about these,
and believe they have to be dealt with. That is why we are cooperating
actively with the Special Rapporteur on torture, as we do with the
excellent Special Rapporteur on IDPs, though there are fewer problems
there as has clearly now been understood.
We would have liked to cooperate too with Philip Alston, Special
Rapporteur on Extra-Judicial Killings, but he has failed to answer our
letters. I wrote to him earlier this year telling him what we are trying
to do and asking for his help in certain particulars but there was no
response.
When we met, I asked why, and he said he didn’t have the time. While
we appreciate the job is unpaid, as he said, frankly I think you should
not take on a job if you don’t answer letters. Those of you who have
read his initial report in 2006 would have realized what a very helpful
report it was, because he drew attention to a lot of problems, and
suggested mechanisms of improving them.
“I think both he, Sri Lanka, the Office of the High Commissioner, and
its Senior Advisor in Colombo were lax in not pursuing those
recommendations immediately. But we are determined to do so now at
least.
For instance he had a lot of comments about the Police, and we did
have a so-called international police support group, but I’m afraid it
did nothing much except - and we are really extremely grateful to the
Government of Sweden for this - for a Project on Scene of Crime
Investigation.
We have written now to Sweden, and to the United Kingdom which also
provided some assistance, and crucially to Japan, which had not
participated but which I know is very willing to assist us through the
Task Force on Police Training.
“We also had a lot of criticism with regard to the National Human
Rights Commission. And I would like to place on record here our request
that you and this Council investigate why the UNDP Stocktaking Report on
our National Human Rights Commission, prepared in April 2007 was
suppressed for so long.
It was not given to the Head of Capacity Building in Geneva, the new
UNDP Head in Colombo had not seen it last year. Now he is working on its
recommendations, as we have done in suggesting an MoU between our
Ministry and the Commission, but the question is why this has taken so
long.
We hope very much that assistance that was earlier pledged, and then
it seems reneged on, is restored, and that we can ensure the development
of Regional Centres, using UN Volunteers, for whom indeed at least one
friendly country contributed funding that lay unused.
There are other issues that seem to us less serious. Thankfully we no
longer hear allegations that our security forces, in their struggle
against terror, indiscriminately target civilians. That is a canard that
has been disposed of. Not so the allegations about child soldiers that
seek also to incriminate the Sri Lankan forces, in a vain attempt to
draw attention away from the continuing malpractices of the LTTE.
With regard to general allegations about others accused of child
recruitment, I refer you to the report I presented to the Human Rights
Committee of Liberal International, and which was distributed to all
countries that raised the question during the UPR. I fear it has not
been read, but this canard too will soon die down.
Meanwhile I should note that the last time I responded to the
International Educational Development Inc., it was to condemn their
pitiful attempt to justify the LTTE use of children over 15, on the to
us utterly spurious grounds that international law permitted this.
“The consequences of that type of indulgence can be seen in the
tragic story of the 17 year old girl rescued in combat last week from
the LTTE by Sri Lankan forces.
Note that perhaps even more culpable than partisan NGOs in
perpetuating such horrors was the carelessness of particular UN
officials in Sri Lanka who argued that the LTTE needed to amend
legislation to stop using children between 17 and 18. I am thankful that
the UN Special Rapporteur, a Sri Lankan herself, and the current head of
UNICEF in Sri Lanka, have made it clear that this is intolerable.
“Finally we come to the question of a UN Monitoring Mission, which
was raised in 12 of the recommendations we rejected, 11 of them from
Europe.
Mr. President, last week we had very fruitful discussions with the
European Commission, which reasserted its very friendly attitude to Sri
Lanka. We believe this, but with insistent recommendations such as this,
we are reminded rather of the affection of an elder sister.
I have an elder sister, Mr President, as I am sure many people here
do, and one tends to get tired of relentless finger wagging, done with
love doubtless but nevertheless irritating. We have explained why we
will not accept a UN Monitoring Mission, which is why we found upsetting
the claim of the Danish Ambassador that, because we did not accept this
recommendation, the whole UPR process seemed nugatory.
“However, we believe our Human Rights situation can improve, and we
welcome assistance from the Office of the High Commissioner for this
purpose.
The website of the OHCRC talks about technical support, but this is
not forthcoming, and in particular with building up our national
institutions.
That, Mr President, is what we must do, and we will welcome criticism
of current shortcomings, but not on the assumption that we need to be
nannied for ever.
“But we make all these efforts, Mr President, in the midst of
combating terrorism, and in that respect, as my colleague mentioned, we
are disappointed at the reaction of some European countries to our pleas
to stop terrorist funding. When I mentioned this to Commissioner Fratini
last year, he noted that there were inconsistencies.
We do not think this is deliberate but, while we are most grateful to
the efforts made by for instance France, we would hope others would be
the same.
I was told by his office that funds were limited, and that funding
tended to be used against what was seen as Islamic terrorism. But, just
as no man is an island, terrorism is not an isolated phenomenon, and we
must all work together to stop it.
“We understand there can be legal delays, we understand that
tragedies such as the events of yesterday in Pakistan, can occur, but we
expect understanding for our progress not being as fast as required,
just as we extend understanding for deficiencies in others.
But, confident in the understanding and support of our friends and
those unequivocally opposed to terrorism, we will continue with our
struggle, Mr President, and not be daunted.
“Finally, may I take this opportunity, as you give up this august
office, to present you with a book we have issued, entitled ‘Pursuing
Peace, Fighting Falsehood’. Strengthening Human Rights, Eliminating
Terrorism, Pursuing Peace and Fighting Falsehoods that distract us are
all essential in our determination to restore pluralistic democracy
throughout our country.
“Just as all member states have shown their willingness during this
Review to help us in the first of these, we hope we will have your
support for the other three too.” |