New laws to revive dormant treaties :

More Rights ,more Freedom

By Manjula Fernando

Sri Lanka is bracing itself to draft a fresh National Human Rights Action Plan (NHRAP), with a deadline to complete by September this year.

An authoritative source said the NHRAP will be Sri Lanka’s trump card when the country’s human rights situation is taken up for discussion at the third Universal Periodic Review (UPR) in Geneva next year. The Action Plan will also partly fulfil the conditions the country has to meet under the European Union’s tough regulations for GSP plus trade concessions.

The thrust will be to formulate new laws to give effect to the human rights treaties the country has ratified but are yet to enforce through legal reforms.

The existing National Action Plan completed in 2011, expires this year and the new one is expected to be in force from 2017 to 2021. While reporting on the progress of past human rights obligations the country has made, it will detail future commitments to be undertaken for the next five years.

The Cabinet approved recently a proposal submitted by Foreign Minister Mangala Samaraweera to appoint an inter-Ministerial Committee to consider all facts related to human rights when preparing the new National Action Plan.

This inter-Ministerial Committee cum Task Force will be co-chaired by the Foreign Minister, Development Strategies and International Trade Minister Malik Samarawickrama and Justice Minister Wijedasa Rajapakshe, Foreign Ministry Spokesperson Maheshini Kolonne said.

Thirty months

The Cabinet also nominated Former Human Rights Minister Mahinda Samarasinghe to the Committee.

Minister Samarasinghe oversaw the preparation of the first Human Rights Action Plan between 2008-2011. The inclusive consultative process back then took nearly 30 months to wind up. It will be a challenge, this time, to wrap up the formulation of the action plan by September, the sources added. However, having a structure already in place will be an advantage for the architects of the new draft.

The inter-Ministerial Committee is expected to hold its first meeting next week to discuss the modalities. Inputs from civil society, professionals and other stakeholders are likely to be invited before concluding the process.

The first Action Plan finalised in May 2011 had in it incorporated all national efforts towards improving promotion and protection of human rights in the country, under eight priority areas.

They included two general areas on civil and political rights and economic, social and cultural rights as well as six specialised areas focusing on prevention of torture, rights of internally displaced persons, protection of labour rights, rights of children and women and rights of migrant workers. It was initially prepared by eight drafting committees and the final report was compiled by a steering committee.

This action plan which identified 50 government agencies as stakeholders contained detailed policy and a legislative program to realise the fundamental rights and freedoms provided for, in the Constitution and ways to expand them further.

The first Action Plan was conceived as part of Sri Lanka’s participation in the Universal Periodic Review (UPR) process before the United Nations Human Rights Council in 2008.

Vienna Declaration

China and Australia are among others who have submitted National Human Rights Action Plans as part of their international obligations under the Vienna Declaration and the UPR process. The Vienna Declaration and Program of Action adopted at the World Conference on Human rights in 1993 called on each state to draw up national action plans to address their Human Rights obligations.

The UPR is a process which involves periodic review (every four to five years) of the human rights records of all 193 UN Member States. Each country has to face it every four to five years and each year 42 countries are reviewed by the UPR working group.

The UPR was introduced by the UN Human Rights Council in 2007 on the so called basis of equal treatment for all Member States of the United Nations. It is also considered a forum that facilitates the sharing of best human rights practices around the globe. Sri Lanka faced its first UPR in 2008 and the second review in 2012.

According to diplomatic sources Sri Lanka’s next UPR is scheduled for late 2017 and a decision on her Troika will be taken closer to the UPR.

The working group appoints a Troika of three states to act as rapporteurs to assist each ‘country review’ and in 2012, our closest neighbour India led the Sri Lankan Troika.

This mechanism provides an opportunity for all States to declare what actions they have taken to improve human rights situations in their countries and overcome challenges which prevent people from enjoying human rights. The reports by NGOs, state sector agencies such as the Human Rights Commission and other UN bodies are also considered at the review done with the participation of 47 member states of the Human Rights Council.

Voluntary signatory

During Sri Lanka’s 2012 review 52 countries took part as observers to pose questions on our HR record.

Sri Lanka is a voluntary signatory to most of the important UN Conventions. The country has already ratified the following Conventions (Treaties).

* International Convention on the Elimination of All Forms of Racial Discrimination (in force March 20, 1982)

* International Covenant on Civil and Political Rights (in force September 11, 1980)

* Optional Protocol to the International Covenant on Civil and Political Rights (in force January 3, 1998)

* International Covenant on Economic, Social and Cultural Rights (in force September 11, 1980)

* Convention on the Elimination of all forms of Discrimination Against Women (in force November 4, 1981)

* Optional Protocol to the Convention on the Elimination of Discrimination against Women (in force January 15, 2003)

* Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (in force February 2, 1994)

* Convention on the Rights of the Child (in force August 11, 1991)

* Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (in force February 12, 2002)

* Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (October 22, 2006)

* International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (in force July 1, 2003)

* Convention on the Rights of Persons with Disabilities (Signatory: 30-Mar-7) (Ratified: February 8, 2016)

* International Convention for the Protection of All Persons from Enforced Disappearance (Signatory: December 10, 2015)

However, the UN Special Rapporteurs who visited the country early this month observed that many of these voluntary treaties were yet to be effectively enforced in the country. This was a major highlight during the visits of the Special Rapporteurs on Torture and Independence of Judiciary.

The Special Rapporteur on Torture Juan E. Mendez said not only a single conviction has been made under Sri Lanka’s Torture Act, sadly there have been only six prosecutions since 1994. The Human Rights Action Plan is expected to make way for sweeping legal reforms to give effect to the key Human Rights treaties mentioned above, the sources said.