Concern about concerns of Human Right violations

by Sarath Wijesinghe

These days some of diplomatic missions, NGOs, and a part of the media are concerned about the alleged human right violations in Sri Lanka. We too are interested and concerned about the human right violations in Sri Lanka and worldwide and special concerns about Sri Lankan situation by interested parties.

It is a great thing to be concerned about others rights - especially on Human Rights. Human rights are rights enjoyed by human beings because they are humans. Human Beings are different from other members of the world family because they are the known most developed animal who are intellectually advanced. Great leaders of religions directed these "Human Beings" not to harm others, love respect and kind to others and live in peace and harmony.

Despite preaching and teachings of great leaders of religions human beings are greedy in order to share the land, resources wealth, food and other material things which are unequally distributed.

Among the individuals and states where the boundaries are artistically demarcated by fellow human beings, the inherent struggle for the survival of the fittest and the law of the jungle continues. This is the reality. Generally those who are powerful win over others.

This power struggle is not always fair and reasonable. There are properly appointed and self appointed umpires to monitor the fairness of the struggle for survival and the law of the jungle.

Despite the emergence of the world body of Nations in the name of United Nations, in place of "League of Nations" both of which emerged as a result of the aftermath of the world wars, there are self appointed umpires and policemen in order to police the individuals and state parties in the world.

Less affluent and small states are subject to strict scrutiny. Rich are speared. We respect Kuwait as a friendly nation of ours. They are rich and have invested wealth in the West.

There are gross violations of Human Rights there, which goes unnoticed to our friends who are only concerned about our violations. Pakistan is our good friend with military leadership.

They have come to our rescue as a friend on number of occasions. But their tract record on Human Rights is not sub standard. Gross violations are rampant in Iraq and Afghanistan for which "Occupying Forces are responsible. Our human right standards are far and far above many states in the world family.

As a result of mass destructions and loss of human lives and dignity for the human kind due to world wars, leading groups of nations have resolved to establish barrow meters to ascertain and provide for the protection of individual and collective human rights.

These rights are codified mainly in the Universal Declaration of Human Rights, which has given reference to article 1, 55, 56, 62, 68 and 67 of the declaration of the establishment of the world body of Nations, which has provided the basis for elaboration on the content of standards and the machinery for implementing and protection of human rights.

On 10th December 1948 general assembly of the United Nations adopted the Universal Declaration of Human Rights which provides directions to the family of Nations, as a result of recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom justice and peace in the world.

It further states that all human beings are borne free and equal and about maintained of dignity and rights. They should act towards one another in a spirit of brotherhood. And everybody is entitled to all the freedoms set forth in the declaration without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin property birth or other status.

These rights and declarations have limitations in practice and implementation. According to Article 2 of the main Charter "the organization is based on the principle of sovereign equality of all members, which is reiterated in Vienna Convention of Diplomatic relations by recalling members, that the purpose and principles of the Charter of the United Nations was mainly aimed at concerning the sovereign equality of states, the maintained of international peace and security, and the promotion of friendly relations among the nations."

These principles and convention are equal to every state and individual irrespective of the size wealth and resources. Though we are small, our maturity and sonority in the world family is accepted and proved in the past especially during the summit of non aligned nations.

Therefore it is the duty of the Diplomatic Missions and Non Governmental organizations, to abide by the Vienna Conventions and other accepted norms and conventions of non interference and respect to each other and not being emotional and misguided by vested interests locally and globally.

All these concepts and the contents of the declaration of human rights are embodied in the Constitution of the Democratic Socialist Republic of Sri Lank directly and indirectly.

Mostly in article 10 to 15 which is implemented through article 126 which is a fast developing jurisdiction far superior to the Human Rights jurisdiction in India, USA, UK, and the European Union.

Almost all the conventions known and rules on Human Rights are embodied in our Constitution and the legal and administrative machinery in Sri Lanka directly and indirectly.

The most important peace of legislation on Human Rights in Sri Lanka is the Human Rights Commission Act no 21 of 1996 which establishes the human Rights Commission to inquire into and investigate complaints regarding procedures, complaints regarding infringements or imminent infringements of fundamental rights, advise and assist the government in formulating legislation, to make recommendations to the government on the need to subscribe to international instrument and to promote awareness of and provide education in relation to Human Rights.

It is to the credit of the Sri Lankan Government and His Excellency that a Presidential Commission is appointed to look into the alleged disappearances and round ups in Colombo. It is sad that these champions are not concerned about the Human Right violations in the North and East, when the Sri Lankan government is providing food, Education and all other facilities at the cost of citizens of the other part of the country.

Nowhere in the world democratically elected government follows this unusual kind but expensive gesture. In order to implement these powers the Commission is empowered with powers to investigate, appoint committees, intervene in proceedings, monitor the welfare of detainees, refer matters to Supreme Court, research to awards in its absolute discretion to agree with persons and to do all such other things as are necessary or conducive to the discharge of its functions.

The powers given to the Commission are enormous and exhaustive to the credit of Sri Lanka where no similar institution available even in the United Kingdom. In the United Kingdom in the event of an infringement of the basic rights of an individual the main machinery is to seek redress from the Court.

Government though sensitive on human rights issues act as a promoter and a catalyst leaving the implementation of the decisions to the Court system. In many other parts of the world the situation is the same.

Therefore we are entitled to same dignity and equality from the members of the family however powerful and rich they are. In the United Kingdom prevention of terrorism act is actively in force and the application of internment is open.

In Sri Lanka the prevention of terrorism act is not in operation and the terrorists are treated under the normal law. In the United Kingdom Northern Ireland terrorists have laid down the arms and entered into the democratic process after having entered into the Good Friday Agreement with the genuine help and assistance of Senator Michael of USA. In Sri Lanka those who are concerned about human rights have different standards and barrow meters of treatment of terrorist activities.

The reports prepared by various international and intergovernmental bodies on the human rights situation of USA, Japan, European Countries are not satisfactory. In the USA the legislation and the procedure in the prevention of terrorism is extremely tough and ruthless due to the infamous 9/11 disaster. They do not realize that we too are gone through number of 9/11s due to barbaric acts of terror by few individuals.

How a country does maintain human rights standards? Generally there is internationally acceptance that States must maintain international standards on human rights issues and humanitarian law. International standards are the standards specified directly and indirectly based on international instruments including Universal Declaration of Human Rights.

Those who expect to maintain international standards are expected to introduce checks and balances in the maintenance and improvement of individual and collective human rights through constitutional and administrative mechanisms.

The United Kingdom being the centre for number of international humanitarian and human rights organizations, such as Amnesty International have organized an international Web and a Forum via media and otherwise to monitor human rights violations in most countries.

The main expectation of this process is the existence for democratically elected government, democracy, rule of law and due process. How many countries in the developed world do maintain these international standards is a very sensitive issue which is a moot point.

In many under developed and developing countries due to availability of meagre resources and the pressure on development of the developing world there are ongoing disturbances in various forms.

Sri Lanka is a developing country centrally and ideally situated with a highly developed and educated work force too struggling for more and more resources for development. Therefore obviously there are agitations within in various forms.

North and East Issue originated as a result of this simple scenario for which ethnic coloration has been given by some vested interests.

In Sri Lanka there is a democratically elected government, independent judiciary multi party democracy vibrant bar and a powerful network of local and international non governmental organizations. Press Freedom is guaranteed constitutionally administratively and in real life.

Number of TV and Radio channels and newspapers and magazines are the majority when compared handful of newspaper publications TV and radio channels sponsored by the State. The criticism is the government and His Excellency.

The open criticism of His Excellency and the Government in general is a very encouraging and healthy situation in terms of Press Freedom. The foreign missions in Sri Lanka and some non governmental organizations point the finger at the government alleging Human Rights violation. Human Rights violations are a common occurrence all over the world.

The issue is the extent and the gravity of such violations. Some of the allegations are disappearances rounding up and picking up individuals by unknown and unidentified persons and sporadic shooting incidents.

Despite article 3 of the Vienna Convention which demands diplomatic missions of sending states to act within the limits permitted by international law ascertaining by all lawful means, conditions, development and the receiving state to promote friendly relations with the sending state developing cultural scientific relations as well.

It is acting outside their purview if the missions of the sending state interferes the internal affairs including suppression of terrorism. Sri Lanka has never criticized steps taken by USA in suppressing terrorism in USA, Afghanistan, Iraq and other countries.

Sri Lanka has never made statements against tough measures and legislations taken by USA and UK jointly and severally in combating terrorism and against the rackets surrounding illegal immigrants.

As a result of this tough and barbaric legislation the Human Rights situation has enormously downgraded. Neither Sri Lanka nor many peace loving countries have criticized the steps taken to maintain law and order in the country.

The international community has agreed that LTTE is a terrorist organization. There is no dispute that they are the most ruthless terrorists in the world. There is no dispute that their main weapon is human bombs.

There is no dispute that the few boats and few light air crafts that are in possession of the LTTE are illegal and a threat to national security of Sri Lanka and the neighbours.

It is only in Sri Lanka that the government in power maintains the flow of essential consumer items and all other forms of services such as education, electricity to terrorist affected and confronted areas when terrorists have waged war against the democratic elected government and people of Sri Lanka keeping civilians as hostages.

Nowhere in the world this type of Humanitarian aid and assistance given with a larger sacrifice of resources belong to the peaceful and peace loving citizens.

The government has put forward a progressive viable set of proposals based on humanity, Human Rights, equality and fair distribution of wealth and equal rights to every individual.

It is very strange that some diplomatic missions in Sri Lanka and NGOs are highly concerned and agitated about human rights violations in Sri Lanka.

It is time for them to rethink the strategy and resume our best relations as ever based on Equality, International Law and Vienna Convention.

(The writer is a Solicitor in England and Wales, Attorney-at-Law, Convener - Committee for International Law and International Relations in Sri Lanka- [email protected])