PC elections ushers in new era - Navi Pillay

by a special correspondent

The Government on Thursday lashed out at three members of the UN Human Rights Council for discrediting the Provincial Council process and the conduct of elections which is being held for the first time in the history of the Provincial Council system. A free and fair election was held yesterday.

Germany, Ireland and the US made references to Sri Lanka under Agenda item 4 of the UN Human Rights Council general debate at its 24th sessions last Thursday, where Germany welcomed the elections in the North but expressed reservations of a free and fair election being held while the US and Ireland made critical comments on other matters.

In a right of reply Sri Lanka's Deputy Permanent Representative to the UN in Geneva Manisha Gunasekera said Germany has ‘chosen’ to discredit the process and prejudice the outcome at a time when the government was holding the Provincial Council (PC) election to the Northern PC for the first time since it was set up in 1987.

” The commitment of the Government to ensure the transparent and free and fair conduct of the election not only to the Northern Provincial Council, but also to the Central and North Western Provincial Councils which go to polls this Saturday is clearly demonstrated by the presence of 24 election observers from the South Asian region as well as from Commonwealth countries, on the invitation of the Elections Commissioner.”

She said that countries should take note that this was the first time external monitors were invited to observe a PC election in the country's history.

The Elections Commissioner considered inviting external monitors because elections in the North are being held after a long lapse and it was a confidence-building measure, she said adding that the country was dismayed by the lack of objectivity shown by Germany.

On the comments by the US that ‘Sri Lanka should set visit dates and provide access for relevant special rapporteurs'Sri Lanka's Deputy PR said ‘we are surprised that the US should declare so, when the delegation has updated the Council twice in the current session with regard to its proactive engagement with special procedures mandate holders and the invitations it has extended in this regard.

She said scheduling of similar visits will continue in accordance with the requirement of the country and on dates decided by the government.

The Sri Lankan delegation also rejected the suggestion by the US of using excessive military force against peaceful protestors. She said “As was evidenced in the recent incident in Weliweriya, it has been established that the protest was not peaceful as claimed.” However, she said, at present a Magisterial inquiry is ongoing and an internal inquiry by the Sri Lanka Army has been held and four persons from the Army have been suspended pending possible disciplinary action.

Gunasekera also denied allegations leveled by Ireland, of human rights violations of prisoners detained in connection with the conflict. She said legal representatives, family members, officers of the National Human Rights Commission and ICRC were given access to the such prisoners.

She drew the attention of the Irish delegation to the instance where consular access was provided to the Irish Embassy accredited to Sri Lanka to visit an Irish national who was in detention for links with the LTTE as per his confession, and is now under rehabilitation following a judicial process.

Updating the Council that instances of reported cases of torture have diminished considerably throughout the last five years, she said a Commission has recently been appointed to investigate allegations of disappearances, which will complement the ongoing action.

“We can only keep hoping for an objective and constructive approach from the HRC,” she stressed adding, “My delegation finds it disconcerting to keep noting the said allegations, particularly when the Council has been continuously sensitized to the action taken on the very same issues.”

The Government also condemned comments made by Germany on the election at a press conference held in Colombo on Friday.

The reservations on the conduct of elections were made when in fact the UN Human Rights Chief, Navi Pillay commended the move by the Government to hold elections during her visit to Sri Lanka in late August.

In a concluding statement Pillay said, “I welcome the forthcoming elections to the Northern Provincial Council.” And instead of expressing worries she added that she hoped elections will ‘proceed in a peaceful, free and fair environment, and usher in an important new stage in the devolution of power.’ Despite expressing critical views on Sri Lanka mostly prior to her visit, she acknowledged the positive development that had taken place after ending terrorism as witnessed by her.

At a press conference held at the end of her visit she opposed being branded as, ‘Tamil Tigress in the UN’ as deeply offensive since ‘LTTE was a murderous organisation that committed numerous crimes and destroyed many lives'. She said,” Those in the diaspora who continue to revere the memory of the LTTE must recognise that there should be no place for the glorification of such a ruthless organisation.”

This comment was widely criticised by pro-LTTE websites.While making various suggestions to fine tune the already ongoing steps by the Government to achieve complete reconciliation and highlighting areas where neglected, she acknowledged, there have been ‘important achievements’ that has not ‘perhaps been sufficiently recognied'.

“The reconstruction achievements, made with the help of donor countries, UN agencies and NGOs, are indeed impressive: in both in the Eastern and Northern provinces, large numbers of new roads, bridges, houses, medical facilities and schools have been built or rebuilt; electricity and water supplies have been greatly improved; and most of the landmines have been removed.”

As a result, she observed that the majority of internally displaced people have now gone home. She also recognised that the LLRC report contains a broad range of excellent recommendations regarding concrete improvements on human rights.

The High Commissioner also said from the very beginning, she had high hopes about Sri Lanka achieving true peace and reconciliation after the war on terrorism and she was confident that the country is capable of resolving its own issues through an internal process. The Human Rights High Commissioner will make an oral submission on the outcome of her visit to Sri Lanka during the on-going sessions of the HRC on September 25. A detailed written report is to be tabled in March.